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I know an Ambassador who committed a crime and fled abroad on diplomatic immunity. Will he be able to return to his native country in the future under statute barred or statute of limitations rules? He would have been jailed for five years if he wasn't a Diplomat. |
*Note: I'm making this company as if it were located in Ontario, Canada. So all the proper rules and regulations of that region would apply to this company.*
I'm currently using the software [Quickbooks][1] to set up a mock company and figure out how to pay employees that are **commission only**. When I create a new... |
Do commission only employees need to be paid vacation pay? |
If any elements of the game are protected by copyright, then you cannot reproduce those elements ([17 U.S.C. §106](https://www.law.cornell.edu/uscode/text/17/106)) unless your reproduction falls under a fair use exception ([17 U.S.C. §107](https://www.law.cornell.edu/uscode/text/17/107)).
Elements that *may* be prot... |
If any elements of the game are protected by copyright, then you cannot reproduce those elements ([17 U.S.C. §106](https://www.law.cornell.edu/uscode/text/17/106)) unless your reproduction falls under a fair use exception ([17 U.S.C. §107](https://www.law.cornell.edu/uscode/text/17/107)).
Elements that *may* be prot... |
If any elements of the game are protected by copyright, then you cannot reproduce those elements ([17 U.S.C. §106](https://www.law.cornell.edu/uscode/text/17/106)) unless your reproduction falls under a fair use exception ([17 U.S.C. §107](https://www.law.cornell.edu/uscode/text/17/107)).
Elements that *may* be prot... |
Under Ohio law, a person's income must change by 30% or more either up or down to trigger the [CSEA][1] to reevaluate the support order amount. If the income changes by a lesser amount there is no administrative review.
However, a judicial review is still possible<sup>1</sup>: this involves the parties (parents) vis... |
Why do some municipalities keep laws on the books that are not valid?
For example, what if municipal law violates state law (for example, due to the state law having preemption) -- is it up to the defendant / plaintiff to bring it up, or is the judge supposed to know such things?
Does it mean that you should alwa... |
Why do municipalities keep laws on the books that are invalid? |
In broad terms, in a three pillar democracy, the job of the legislature is to make the law, the job of the executive is to enforce the law and the job of the courts is to interpret the law.
The courts may find that a piece of legislation is invalid, either in whole or in part for any number of reasons. The legislatu... |
Texas State Legislature has the following Statute on the books:
http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm
> Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty to mitigate damages if a tenant abandons the leased premises in violation of the lease.
> (b) A provisi... |
Do landlords in Texas really have a duty to mitigate? |
Texas Association of Realtors' Sample Lease has the following:
> B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease,
Tenant will be in default and:
> ...
> (2) all unpaid rents which are payable during the remainder of this lease or any renewal pe... |
Is rent acceleration legal in Texas? |
If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it?
For example, in Texas, a lot of landlords charge exuberant fees for residential lease re-assignment, even if the tenant goes about finding a new person to whom ... |
How can one go about amending the law? |
I've seen some landlords refuse to provide a sample residential lease contract prior to making an often non-refundable application, in California and other states.
Is it legal? Aren't you supposed to be able to verify the contract with your lawyer prior to even looking at the premises, let alone paying any applicat... |
Can landlords refuse to show you contract prior to application? |
A brand-new apartment complex, "professionally" managed by a huge management company, has refused to provide details on how much it'll cost to do [lease reassignment](http://law.stackexchange.com/questions/300/is-it-legal-for-landlord-to-prohibit-subleasing), with the rationale being that they've never had to do it yet... |
Can landlords omit fee structure on a lease? |
E-Z Pass is an electronic toll collection company in the Easy Coast of the USA. I have an account with them, and it works great. I forgot to update my credit-card and the account was not able to automatically add money to the account balance. As a result, I got two violations. Both violation letters state that the vio... |
E-Z Pass violation code and law description? |
In broad terms, in a three pillar democracy, the job of the legislature is to make the law, the job of the executive is to enforce the law and the job of the courts is to interpret the law.
The courts may find that a piece of legislation is invalid, either in whole or in part for any number of reasons. The legislatu... |
If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it?
For example, in Texas, a lot of landlords charge exuberant fees for residential lease re-assignment, even if the tenant goes about finding a new person to whom ... |
E-Z Pass is an electronic toll collection company in the East Coast of the USA. I have an account with them, and it works great.
I forgot to update my credit-card and the account was not able to automatically add money to the account balance. As a result, I got two violations. Both violation letters state that the ... |
Most news sites and tech blogs provide only a summary in their rss feeds. If I write a script that scrapes their website and extracts some useful data, can I share the script as open source. Does it depend on each and every website and needs prior permission? If scraping is not allowed without permission, who is guilty... |
My car was recently damaged by a body shop and the shop refused to cover the cost of repair. I plan on taking this to small claims court. The body shop is a franchise, but the manager (who may also have been the owner) was the one who refused to cover the cost. Should I go after the manager, owner (if different), or co... |
Who is liable, the franchise owner or franchising company? |
Say a car was damaged by a body shop (or similar shop) and the shop refused to cover the cost of repair (assume the damage done is not related to work performed. For example, engine is damaged from moving the car, but the service requested was a paint job). The body shop is a franchise, but the manager (who may be diff... |
Suppose a car was damaged by a body shop (or similar shop) and the shop refused to cover the cost of repair. (Assume the damage done is not related to work performed. For example, engine is damaged from moving the car, but the service requested was a paint job.)
The body shop is a franchise, so there are potentiall... |
[A trademark is][1]
>a symbol, word, or words legally registered or established by use as representing a company or product.
In short, I do not think that the family will have an enforceable trademark. Even if they obtained one, the family would have to enforce it and will not likely be successful.
[From USPT... |
Not from a registrar, but from another individual who currently owns a domain. If I / a company I own want to wrest that domain from its current owner (by purchasing it from them), in negotiation / on first contact, what am I obliged to tell them?
Am I allowed to blatantly lie about the interests I represent and why... |
What must an individual / company disclose when attempting to purchase a domain registration? |
Not from a registrar, but from another individual who currently owns a domain. If I / a company I own want to wrest that domain from its current owner (by purchasing it from them), in negotiation / on first contact, what am I obliged to tell them?
Am I allowed to blatantly lie about the interests I represent and why... |
I cannot speak for Texas specifically but in general:
You signed a contract in which you agreed to pay 15 months rent each on a given day in return for which you were given use of the premises. Nothing in the lease forces you to occupy the premises - it is there for you to use or not use as you see fit but **you mus... |
Are disclaimers of warranty, liability, and the like legally required to be in all-caps? For example, the "disclaimer of warranty" section from the [GNU GPL][1]:
> THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTH... |
Do disclaimers need to be capitalized? |
On youtube, can i do the following whilst collecting ad revenue?
```Teach someone to play a copyrighted song on guitar (i.e. ed sheeran)? ```
Is this an infringement of copyright? I have found some research that suggests it may be ok:
- The NMPA [National Music Publishers Association](https://en.wikipedia.org/... |
Youtube Ad Revenue + Guitar tutorial video - Can I make ad revenue from teaching copyrighted guitar songs? |
I need to use google trends data in a commercial project. Does the google trends license prohibit free usage? |
Can google trends data be used for free in a commercial project? |
Texas Association of Realtors' Sample Lease has the following:
> B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease,
Tenant will be in default and:
> ...
> (2) all unpaid rents which are payable during the remainder of this lease or any renewal pe... |
Texas Association of Realtors' Sample Lease has the following:
> B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease,
Tenant will be in default and:
> ...
> (2) all unpaid rents which are payable during the remainder of this lease or any renewal pe... |
Texas Association of Realtors' Sample Lease has the following:
> B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease,
Tenant will be in default and:
> ...
> (2) all unpaid rents which are payable during the remainder of this lease or any renewal pe... |
A relative has recently passed away in Spain. I live in the UK.
They have left me 20% of their estate, my brother will receive 80%. I'm expecting this might be 20% of cash and some items such as a mobile home and motorbike, etc.
However they also owned land in Spain that contains an olive grove. I've heard tha... |
I understand from [Wikipedia][1] that many states in the US require that companies have a designated agent in each jurisdiction where they do business to accept service.
It seems that at least in some states, [such as New York][2], the secretary of state is required to be the agent on which process is served.
> (... |
Process Service - Why the secretary of state? |
I would presume that this is legal (without researching the laws in Cali. or Texas).
Their contract is an offer to enter into an agreement. You accept that offer by signing. Their pre-requisite for that offer is that you pay the nonrefundable application fee. In other words, they are refusing to make you an offer un... |
What does it accomplish? It guarantees that all corporations doing business in New York can be served.
(A company's having an agent for the service of process does not prohibit people from serving the corporation directly. The secretary may be "the agent upon which process may be served" but is not "the sole agent... |
[Conjoined Twins][1] are identical twins who share some physical connection. In particular, some share the same body, although both possess separate heads. As such, what are the legal ramifications for dicephalic twins, inasmuch as personhood, citizenship, and criminal prosecution are concerned?
[1]: https://en.... |
I've encountered a big corporate landlord in West Campus, Austin, Texas, that's only willing to reassign the lease at the start of a month, saying that they don't prorate rents.
(Interestingly enough, all of their original leases are from mid-August to end of July, with 12 equal instalments.)
If someone is done w... |
Can landlords refuse to sublet mid-month? |
Well they are two distinct people, as you reveal by using plural verbs throughout your question. I don't think anyone would endeavour to argue that two conjoined twins, each possessing his own head, mind and personality, are in fact one person (is that your question?).
The difficulty is criminal prosecution. Of cour... |
Do they have to use all caps? Well, no. It's just that companies feel that's the easiest way to make the text "conspicuous" which is required by the [Uniform Commercial Code](https://www.law.cornell.edu/ucc) explicitly in [§ 2-316. Exclusion or Modification of Warranties.](https://www.law.cornell.edu/ucc/2/2-316)
> ... |
Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities.
If I wish to take photographs of something on the property and I inadvertently include other people in the photograph, what are my legal rights and responsibilities with regard... |
Suppose an android app has a collection of links to youtube videos about a particular topic (sports for eg.). Users can watch video by clicking on Play video button. This will open up the youtube video in the official youtube app or browser if the user wishes to do so.
My question is that I am simply redirecting user... |
Sharing youtube links in android apps.Violation of copyright laws? |
If you right click in this website and select "View page source", you can find between hundreds of lines of code the following ones:
<meta name="twitter:card" content="summary">
<meta name="twitter:domain" content="law.stackexchange.com"/>
<meta property="og:type" content="website" />
... |
Is it allowed to publish the Metadata of a website? |
There is a history of some organizational and US government publications mandating all capital letters for certain terms in the publication.
1. Here is a section of [the Minnesota elections process][1]
> Section 43 remove the requirements that voter instructions on a primary ballot be in all capital letters
2.... |
Since we have an answer for the Czech Republic, let me provide an answer for England and Wales.
First, corporations as a rule should not be treated differently to natural persons.
> 4. A company is a legal person, capable of being prosecuted, and should not be treated differently from an individual because of its a... |
Since we have an answer for the Czech Republic, let me provide an answer for England and Wales.
First, corporations as a rule should not be treated differently to natural persons.
> 4. A company is a legal person, capable of being prosecuted, and should not be treated differently from an individual because of its a... |
Consider a scenario where a community site, based in Switzerland, with an international member base has two memberships: free accounts and premium subscription-paying accounts. The primary service provided by the website is education as well as providing research tools. However, one feature of the paid subscription is ... |
There is a history of some organizational and US government publications mandating all capital letters for certain terms in the publication.
1. Here is a section of [the Minnesota elections process][1]
> Section 43 remove the requirements that voter instructions on a primary ballot be in all capital letters
2.... |
Now that same sex marriage is legal in all 50 states, I was wondering what the impact of this decision would be on laws that limit the abilities of SS Couples to adopt children and other benefits.
Additionally, SCOTUS did not set out the level of scrutiny to be used in determining discrimination against SS couples. ... |
[Texas Apartment Association (TAA) apartment lease contract](http://www.taa.org/images/assets/PDF/renter/2009apartmentlease_forweb.pdf) has the following:
> **30. REPLACEMENTS AND SUBLETTING.**
Replacing a resident,
subletting, or assignment is allowed
only when we consent in writing.
If departing or remaining r... |
Can you re-assign TAA lease without being liable for damages? |
Now that same sex marriage is legal in all 50 states, I was wondering what the impact of this decision would be on laws that limit the abilities of same-sex couples to adopt children and other benefits.
Additionally, the U.S. Supreme Court did not set out the level of scrutiny to be used in determining discriminatio... |
I'm interested in the legal doctrine on why something like [Texas Apartment Association](http://taa.org/) is or is not considered collusion.
The association provides its members with a comprehensive Rental Application, which is by far more exhaustive than most rental applications I've ever seen in, say, California... |
Is Texas Apartment Association an example of collusion? |
I recall that there are some significant differences in real estate law or procedures between Northern California and Souther California.
What are the exact differences and where is the dividing line?
Additionally, it'd be interesting to know why there is such a separation of the state in the first place, where e... |
This question is for the United States in general for online marketplaces.
Some history:
Back in 2012, Ebay stopped the sale of spells, and now Etsy has also banned the sale of spells.
They have both banned several things that are not illegal to sell, but questionable.
I am not concerned about whether it is '... |
Is it illegal to sell a spell online? |
Suppose an app has a collection of links to YouTube videos about a particular topic (e.g., sports). Users can watch video by clicking on the Play video button. This will open up the YouTube video in the official YouTube app or browser if the user wishes to do so.
Could this violate any copyright law, or the YouTube... |
Can sharing YouTube links violate copyright laws? |
Suppose there was a work of fiction where one of the characters was based on a real one. And suppose the real person started a lawsuit, and through "discovery," found emails, author's notes etc. to verify that this was the case.
"No one" made the connection before the lawsuit, but people certainly made it afterward.... |
Is the following a defense against libel? |
Denver International Airport (DEN) has a number of smoking lounges, something I've never seen in any other airport anywhere in the States.
Are those lounges allowed to sell cannabis, since it's now all legal in Colorado? |
Is Denver International Airport (DEN) 420-friendly? |
If you right click in this website and select "View page source", you can find between hundreds of lines of code the following:
<meta name="twitter:card" content="summary">
<meta name="twitter:domain" content="law.stackexchange.com"/>
<meta property="og:type" content="website" />
... |
Is it always permissible to publish the Metadata of a website? |
Suppose there was a work of fiction where one of the characters was based on a real one. And suppose the real person sued the author and, through the process of discovery, found private emails, author's notes, etc., that confirm the claim.
But suppose that nobody other than the author and the real person connected t... |
Is contributory negligence a defense against libel? |
This question is for the United States in general for online marketplaces.
Some history:
Back in 2012, Ebay stopped the sale of spells, and now Etsy has also banned the sale of spells.
They have both banned several things that are not illegal to sell, but questionable.
I am not concerned about whether it is '... |
Is Denver International Airport (DEN) cannabis-friendly? |
I am being temporarily (6 months) relocated to Boston, MA and will be taking my car from California to Massachusetts.
My car (and myself) will remain registered at my home address in California.
My question is, do I need to update my car registration from California to Massachusetts for a temporary visit? |
Is it always permissible to republish the Metadata of a website? |
I never gave this much thought until I saw a prosecutor and then a judge dismiss charges of theft because it would be impossible to prove the accused _intended to deprive the owner of the property permanently_. Sure enough, [this seems to be a common-law element of theft](http://criminal.findlaw.com/criminal-charges/t... |
How is the "permanent deprivation" element of theft proven in practice? |
I never gave this much thought until I saw a prosecutor and then a judge dismiss charges of theft because it would be impossible to prove the accused _intended to deprive the owner of the property permanently_. Sure enough, [this seems to be a common-law element of theft](http://criminal.findlaw.com/criminal-charges/t... |
Suppose there was a work of fiction where one of the characters was based on a real one. And suppose the real person sued the author and, through the process of discovery, found private emails, author's notes, etc., that confirm the claim.
But suppose that nobody other than the author and the real person connected t... |
Is contributory "publication" a defense against libel? |
For example, I've heard before that it's actually illegal to swear at a police officer (I've also heard that's true in the U.K. as well, although that's not my question).
However, what counts as "swearing" is a very subjective thing, and clearly there are plenty of contexts where no word is off-limits (because, than... |
When is cursing illegal in the U.S.? |
I am being temporarily (6 months) relocated to Boston, MA and will be taking my car from California to Massachusetts.
My car (and myself) will remain registered at my home address in California.
My question is, does Massachusetts require one to register a car for a temporary (6 months or less) relocation? |
There are two parts to this:
- How can I ensure that an attorney is actually legally allowed to act as counsel in a given case? Do I have to need to contact the state bar directly, or are there official listings somewhere?
- How can I / is there a way to look up all the cases that attorney has worked on, and how th... |
How can I verify that a U.S. attorney is qualified to practice? |
How can I verify that an attorney in the U.S. is qualified to practice? |
In order to determine whether an attorney is licensed to practice in a specific jurisdiction, you would need to [look up that attorney][1] in the bar that applies to that jurisdiction. Some attorneys, for various reasons, do not allow their information to be posted on the online lookup, so would would have to call the ... |
It's a well-known concept that federal law preempts state law.
Apparently, as per [LA Times
Op-Ed
The case against Colorado's pot law](http://www.latimes.com/opinion/op-ed/la-oe-0625-bolitho-colorado-preempt-20150624-story.html), Nebraska and Oklahoma are suing Colorado to invalidate Colorado's recreational mariju... |
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