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### When *Marks* is relevant
The *Marks* rule is direction from the Supreme Court to lower court judges as to how to deduce the controlling position when the Court itself can't come to a majority position. When a majority of justices agree in the outcome of a case, but not on the law that gets them there, that the *... |
Once and then I read news about US navy stopping, searching and even sinking commercial vessels flowing non-US ensign (most recently Iranian). Sometimes news regard navy vessels not conforming to COLREG and threatening other vessels with deadly force to give way instead.
I know that navy (US Navy especially) are gu... |
### When *Marks* is relevant
The *Marks* rule is direction from the Supreme Court to lower court judges as to how to deduce the controlling position when the Court itself can't come to a majority position. When a majority of justices agree in the outcome of a case, but not on the law that gets them there, that the *... |
I sell t-shirts online. One of them features a picture of the ancient Egyptian god Anubis (my original art). Some people who viewed it said Anubis is a trademarked for clothing and I may be infringing. Can this be true? I'm not using anyone's logo or claiming a brand name. I would like to think I'm referencing ancient ... |
Why does a defense attorney (or prosecutor) need to object?
Why does the judge, who is to most understanding attempting to create a neutral court of law, not simple stop the objectionable questioning or evidence, on their own initiative?
Why does an objection need to be raised? |
Why does a defense attorney (or prosecutor) need to object? |
For state courts, it depends on the state. _Pro hac vice_ appearances like this are probably most common in New York, in relation to international commercial disputes. It is also common for foreign attorneys to take the New York bar exam - several thousand people do that each year - in which case they have a springboar... |
The WHO regulations (according to that page; I haven't seen them) "provide an overarching legal framework that defines countries’ rights and obligations in handling public health events and emergencies that have the potential to cross borders." They don't dictate the conditions for practicing medicine.
> it does n... |
This is my first question in this stack exchange. And I am also not a student of law. I just wanted to know if there is an individual who has acted in a gruesome manner and murdered another individual, can he be prosecuted even if he confesses to the crime but there is no evidence whatsoever, not even circumstantial? T... |
Can we prosecute a person who confesses but there is no hard evidence? |
[It appears that the word "POSTED" on private property signs is, in some jurisdictions, legally significant.][1]
Has anyone ever been acquitted of trespassing, or any property owner lost a lawsuit, because a sign that clearly marked a property boundary and prohibited public access did not say "POSTED"?
[1]: h... |
Has anyone ever been acquitted of trespassing or another crime because a property sign did not say "POSTED"? |
### When *Marks* is relevant
The *Marks* rule is direction from the Supreme Court to lower court judges as to how to deduce the controlling position when the Court itself can't come to a majority position. When a majority of justices agree in the outcome of a case, but not on the law that gets them there, that the *... |
> Has anyone ever been acquitted of trespassing, or any property owner lost a lawsuit, because a sign that clearly marked a property boundary and prohibited public access did not say "POSTED"?
No. As a general rule, trespass of land (in legal speak, trespass refers to a wide variety of concepts that includes the co... |
Imagine an adult child is given guardianship over his/her senile parent. Can the adult child force the parent to see a doctor against the parent's will?
|
> Imagine an adult child is given guardianship over his/her senile
> parent. Can the adult child force the parent to see a doctor against
> the parent's will?
Yes. A court appointed guardian can almost always force a parent-ward to see a doctor against the parent's will. (The term "ward" means a person over whom a... |
> Imagine an adult child is given guardianship over his/her senile
> parent. Can the adult child force the parent to see a doctor against
> the parent's will?
Yes. A court appointed guardian can almost always force a parent-ward to see a doctor against the parent's will. (The term "ward" means a person over whom a... |
> If Twitter were to declare bankruptcy would Elon Musk retain control/
> ownership afterwards?
Basically yes.
Without getting into the specifics of the transaction discussed, in the U.S., when a company files a Chapter 11 bankruptcy petition:
1. The company is managed by the "debtor-in-possession" (i.e. exis... |
Under the CCPA/CPRA, can Disney+ require me to disclose my age and gender in order to continue streaming? |
> Imagine an adult child is given guardianship over his/her senile
> parent. Can the adult child force the parent to see a doctor against
> the parent's will?
Yes. A court appointed guardian can almost always force a parent-ward to see a doctor against the parent's will. (The term "ward" means a person over whom a... |
Can I charge someone for a hand gesture such as a high five or a handshake? How would a receipt be written for such a thing? It seems like a silly question but I am genuinely curious and want to make sure my social experiment isn't subject to any sort of weird laws that I don't know about. |
Can I sell a handshake? |
Donald Trump announced that he will run for president in 2024.
Does becoming a Presidential Candidate Confer any immunity from litigation? |
Does becoming a Presidential Candidate Confer any immunity? |
There was a recent [statement][1] by the Russian state news agency TASS that due to a new decree by Putin dual citizens can be drafted into the Russian army. This seems to imply that before this decree dual citizens were exempt.
I would have thought that in order to be drafted for the army a country just checks whe... |
Are dual citizens usually exempt from military service? |
Can a person without a degree to sign off engineering projects be liable for damage or accidents caused by them?
If during my employment I, an engineer not qualified in the specific area I'm working in, design a product that doesn't follow all the safety procedures, like a press without two handed controlls or a hi... |
[Michael Currie](https://www.canadianlawyermag.com/news/opinion/canada-was-right-to-cut-ties-with-the-judicial-committee-of-the-privy-council-ninety-years-ago/361259) wrote that the JCPC heard its last Canadian appeal in [1959](https://www.canlii.org/en/ca/ukjcpc/doc/1959/1959canlii427/1959canlii427.html). [Brooke LJ w... |
In 2012, why did Toronto Canada lawyers appear in London, before the Judicial Committee of the Privy Council? |
The way law works is that you don't need to find a law which says you *can* do something. Instead, there needs to be an absence of a law which says you *cannot* do that thing. In other words, you can do anything you want so long as there isn't a law which says you can't. It's unlikely that you will find a law in any ju... |
If there is an individual who has acted in a gruesome manner and murdered another individual, can he be prosecuted even if he confesses to the crime but there is no evidence whatsoever, not even circumstantial? The individual provides vivid details of the crime but prosecution team fails to get any evidence to prove it... |
The cited case (_Ross_ [2012] UKPC 3) is not a Canadian case. It is from St Kitts and Nevis, an appeal from the Court of Appeal of that small Caribbean country to the Privy Council. The two barristers are from the same firm based in Canada (WeirFoulds LLP), a firm which also has a [cross-jurisdictional practice](https:... |
> Can I charge someone for a hand gesture such as a high five or a handshake?
Only if you and the counterparty agree beforehand on the topic of compensation. That is because the formation of a contract requires that the parties commit to the terms and conditions *knowingly* and *willfully*. Since typically nobody ch... |
Can Disney+ require me to disclose my age and gender in order to continue streaming? |
I just received this email a few moments ago:
> # Disney+
> ## Provide your birthdate and gender to keep streaming
> Disney+ now requires additional information from the primary account holder, including your birthdate and what best describes your gender. To avoid any interruption to your streaming, please update... |
Florida [FS 718.112][1] requires condominium to:
If 20 percent of the voting interests petition the board to address an item of business, the board, within 60 days after receipt of the petition, shall place the item on the agenda at its next regular board meeting or at a special meeting called for that purpose.
... |
Florida [FS 718.112][1] requires condominium to:
> If 20 percent of the voting interests petition the board to address an
> item of business, the board, within 60 days after receipt of the
> petition, shall place the item on the agenda at its next regular board
> meeting or at a special meeting called for that ... |
Disney's [help page on this](https://help.disneyplus.com/csp?id=csp_article_content&sys_kb_id=a3f7af9f87c791d44e3f7557cebb35d0#6) says
>#### I don’t want to provide my birthdate or gender. What can I do?
>
> Providing a birthdate is required for all Disney+ accounts/profiles while a gender is required for all acco... |
The way law works is that you don't need to find a law which says you *can* do something. Instead, there needs to be an absence of a law which says you *cannot* do that thing. In other words, you can do anything you want so long as there isn't a law which says you can't. It's unlikely that you will find a law in any ju... |
The [new decree](http://static.kremlin.ru/media/events/files/ru/QAAu2WXVPRgZ8gvWZYpmUPeZPcQ0AkDY.pdf) of November 14, 2022 contains an amendment (bottom of p2) to the Federal Law 53-FZ originally enacted on March 28, 1998, concerning military service. The [_former_ version of the text](https://base.garant.ru/178405/741... |
> If Twitter were to declare bankruptcy would Elon Musk retain control/
> ownership afterwards?
Basically yes.
Without getting into the specifics of the transaction discussed, in the U.S., when a company files a Chapter 11 bankruptcy petition:
1. The company is managed by the "debtor-in-possession" (i.e. exis... |
Florida [FS 718.112][1] requires condominium to:
> If 20 percent of the voting interests petition the board to address an
> item of business, the board, within 60 days after receipt of the
> petition, shall place the item on the agenda at its next regular board
> meeting or at a special meeting called for that ... |
When the law requires consent screen to be displayed for user? Should it be displayed only for third party applications (e.g. signing to stackoverflow by google account) or is it also necessary for first party apps?
And if user give consent, can we store only latest consent for a specific client or rather store all ... |
When need I to display consent and should deprecated consents be stored? |
> If 20 percent of the voting interests petition the board to address an
> item of business, the board, within 60 days after receipt of the
> petition, shall place the item on the agenda at its next regular board
> meeting or at a special meeting called for that purpose.
>
> Assume that the Association fails to f... |
If an employer puts it in the work contract that they may require a polygraph can I refuse and still keep my job? The American pseudo science association or whatever poppycock statutory body tries to regulate this farce will have you know that nobody can be forced to do a polygraph and refusal is not a admission of gui... |
What is the legal ramifications of refusing a polygraph? |
If an employer puts it in the work contract that they may require a polygraph (either to gain employment or keep it) can I refuse? |
If an employer puts it in the work contract that they may require a polygraph (either to gain employment or keep it) can I refuse?
The relevant statutory body regarding polygraphs in the us mentions on there website that nobody can be forced to do a polygraph. It also mentions refusing to do one is not an admission... |
If an employer puts it in the work contract that they may require a polygraph (either to gain employment or keep it) can I refuse?
The relevant statutory body regarding polygraphs in the US mentions on their website that nobody can be forced to do a polygraph. It also mentions refusing to do one is not an admission... |
There are no legal cases regarding infringement on images of people cosplaying characters as far as I know. Is this an copyright infringement if the image is used commercially? |
Are images of people cosplaying copyright-protected characters an infringement? |
Recently the Supreme Court of the United States, through [Dobbs](https://en.wikipedia.org/wiki/Dobbs_v._Jackson_Women%27s_Health_Organization), has restored the right of States to prohibit abortion. Supporters of reproductive freedoms have since renewed calls upon Congress to enshrine these freedoms in federal law.... |
If I have a specific Federal Code and I want to find a rough estimate of (1) how many people were charged with breaking that specific law, and (2) how many people were convicted under that specific law, where can I go to find those figures? Any help is appreciated. |
Where can I go to find data on how many people were charged / convicted under a particular statute? |
my wife was in a car accident back in March of this year. She was in a 2001 Toyota Sequoia when a car failed to yield and turned left in front of her causing the accident. The air bags did deploy and the car was totaled.
She went to emergency room because here neck, shoulder and back were sore just to make sure sh... |
my wife was in a car accident back in March of this year. She was in a 2001 Toyota Sequoia when a car failed to yield and turned left in front of her causing the accident. The air bags did deploy and the car was totaled.
She went to emergency room because here neck, shoulder and back were sore just to make sure sh... |
We can't, in general, answer questions that ask "what should I do?"
The insurane company is (almost surely) offering a **settlement**. This will be less than you might possibly get after a trial, but you don't have the uncertainty of a verdict that might be smaller, nor the delay, stress, and costs of a legal case.... |
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time?
Assume UK employment law.
See also - https://law.meta.stackexchange.com/questions/1636/why-is-this-question-off-topic |
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time? |
I will soon be a major witness in a criminal trial of another in the USA. I was present at the scene and was asked by state to testify at criminal trial. The defendant is facing felony charges against the person and property (burglary)
In meeting with prosecutors, I was briefed on importance of my role as an witnes... |
How literally do courts in USA interpret face to face confrontation right of defendant under sixth amendment? |
The question is based on recent events:
> Yesterday (15th Nov 2022) a supposedly stray missile hit Polish
> territory, causing loss of life (2 fatalities) and property damage.
> Poland is non-belligerent state in the conflict between Russia and
> Ukraine, while its neutrality may be challenged. At the moment it... |
What entity is legally obliged to compensate for damage accidentally inflicted at a non-belligerent state territory during military conflict? |
Insofar as the accused must be allowed to ask questions about a witness's testimony, there is no chance at all that you would be permitted to just record questions asked by the prosecution and your responses (without defense having the opportunity to interrupt with objections to prosecution questions). There are circum... |
In two fictional stories I read or saw, a person was convicted for murder when the victim actually was alive. (In one case, not quite alive - police takes finger prints of an unknown 30 year old woman, freshly murdered, and finds that they match a 16 year old girl supposedly murdered 14 years ago, with her father in ja... |
In two fictional stories I read or saw, a person was convicted for murder when the victim actually was alive. (In one case, not quite alive - police takes finger prints of an unknown 30 year old woman, freshly murdered, and finds that they match a 16 year old girl supposedly murdered 14 years ago, with her father in ja... |
Suppose that a child behaves badly in class and is detained after class. The child has some illness, which isn't easy to notice, but he is too shy to tell his teacher. His teacher doesn't know of his illness and therefore has not given enough attention.
Sadly, the child dies during his detention.
Will the teache... |
What if a child dies in a detention? |
What if a child dies in school detention? |
Suppose that a child behaves badly in class and is detained after class. The child has some illness, which isn't easy to notice, but he is too shy to tell his teacher. His teacher doesn't know of his illness, does not notice his illness, and does nothing special relating to his illness.
Sadly, the child dies during... |
I just stumbled upon [this article](https://www.theguardian.com/world/2022/nov/17/british-russian-man-to-fight-charge-of-illegally-flying-drone-in-norway), where it talks about a recent law change:
> Norway banned Russian citizens or companies from flying drones or other aircraft in the country on 28 February
I c... |
How to discover/be aware of changes in law that might affect oneself personally? |
[tag:united-states]
The first requirement is to know what jurisdiction you "are" in. That would obviously include country and state, but you also have to consider county and municipality, since these are layers of government that may have authority to pass laws.
The second requirement is to understand who can mak... |
In Austria we have a law that forbids having 'dangerous animals' as pets. To be more clear the law then gives us a list of what is considered a 'dangerous animal' using latin names.
In this list we have the latin name '*Scolopendra gigantica*' which refers to a giant centipede. Now, a little google search reveals t... |
What happens when there is a typo in a law? Specifically when it is not clear what the law refers to due to the typo |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
### When *Marks* is relevant
The *Marks* rule is direction from the Supreme Court to lower court judges as to how to deduce the controlling position when the Court itself can't come to a majority position. When a majority of justices agree in the outcome of a case, but not on the law that gets them there, the *Marks... |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
Is there a prohibition on asking whether someone has historically been arrested on job applications? |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
In the vast majority of countries (both common law and civil law), statutes are interpreted in a manner that reflects the intend of the drafters of the statute a.k.a. legislative intent, when it is possible to reasonably determine what was intended.
There is a canon of statutory interpretation in almost all legal s... |
Normally, the existence of prior art containing matters for which a United States utility patent makes claims to patent rights prevents a patent from being issued for those claims, and if a patent somehow issues anyway, it provides a defense to a defendant in a patent infringement action.
But suppose that there exis... |
This may be allowed, or prohibited, it all depends. At the federal level, there is no specific prohibition against asking this question, however it may be found to violate Title VII of the Civil Rights Act if the result discriminates in employment based on race.
At the state level (in Washington), [WAC 162-12-140][... |
If the court adjudicated that they didn't shoot the MH17 plane on purpose (they thought, mistakingly, that it was a Ukrainian military aircraft), why did it find the defendants guilty of murder as opposed to something else (negligent homicide or whatever)? |
Why, in the JIT's opinion, was it murder to mistakingly shoot down the Malaysian plane over Ukraine in 2014? |
Intellectual property law is very convoluted when it comes to software. It is important to note the type of license associated with your software, as many publicly available SDKs and programs use the [MIT license](https://opensource.org/licenses/MIT) (in which monetization is legal), but many others also use the [CCBY-... |
## None
There is no legal obligation of any country to fix any damage in another. Any compensation or apologies are acts of politics, which is off-topic.
The Customs of war, codified in the Hague and Geneva Conventions say you shall not harm non-involved countries. Still, they contain no punitive measures against a... |
## None
There is no legal obligation of any country to fix any damage in another. Any compensation or apologies are acts of politics, which is off-topic.
The Customs of war, codified in the Hague and Geneva Conventions say you shall not harm non-involved countries. Still, they contain no punitive measures against a... |
Summary: Consent may be necessary also for first-party processing activities. Since you have a duty to prove that you received valid consent, it may be necessary to keep longer-term records.
## Consent is one legal basis among many
When processing any personal data within the scope of the GDPR, it is necessary to... |
It is my understanding that just because an older person does things that are not wise, does not give the right of an adult child to impose guardianship on them or force them to see a doctor. It is my understanding that if they are a danger to themselves or others than a guardian can be imposed.
If a parent, over th... |
> Is there an alternative way, one that is easier, to force the parent
> to see the appropriate doctor?
No. |
As I understand it the Brandenburg test for deciding if speech is protected has two parts:
1. The speech is “directed to inciting or producing imminent lawless action,” AND
2. The speech is “likely to incite or produce such action.”
I've seen plenty of cases dealing with #1, I'm curious of #2. Is there ... |
Is there an example of someone trying to incite violence being found innocent because he was too incompetent to pass the Brandenburg test? |
As I understand it the Brandenburg test for deciding if speech is protected has two parts:
1. The speech is “directed to inciting or producing imminent lawless action,” AND
2. The speech is “likely to incite or produce such action.”
I've seen plenty of cases dealing with #1, I'm curious of #2. Is there preceden... |
Is there an example of someone trying to incite violence being found innocent because the speech was too ineffectual to pass the Brandenburg test? |
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