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Is an Arbitraton Agreement Binding During a Month to Month Tennacy in NJ? |
# general things on copyright
Copyright law is very similar globally, due to the [Berne convention on copyright.][1]
Ány country's copyright law grants the copyright to an author. Copyright is the exclusive right of an author to authorize ("license") *copies, performance, and derivative works*. In case multiple au... |
> I understand that it is generally only done for serious crimes, and I
> believe the reason is to not have the perpetrator's criminal record
> simply sealed at a certain age, but what is the legal basis in the
> United States for this?
State statutes regarding juvenile justice decide what the minimum age at whic... |
> I understand that it is generally only done for serious crimes, and I
> believe the reason is to not have the perpetrator's criminal record
> simply sealed at a certain age, but what is the legal basis in the
> United States for this?
State statutes regarding juvenile justice decide what the minimum age at whic... |
> Does the HOA's lawyer have a duty or is it standard practice to label
> documents (including) as privileged if it contains privileged
> information?
While it is sometimes labeled, this is done mostly to prevent stupid clients from sharing the information and waiving the privilege.
Usually, however, documents... |
> Does the HOA's lawyer have a duty or is it standard practice to label
> documents (including) as privileged if it contains privileged
> information?
While it is sometimes labeled, this is done by attorneys when it is done, mostly to prevent stupid clients from sharing the information and waiving the privilege.
... |
Under most countries typefaces are not protected by copyright, only computer fonts. But are typefaces protected by other types of IP (trademark, patent, etc.)? |
Can typefaces belong to an IP? |
Trish’s answer covers the main point: you need a license, and the license can prevent certain uses such as modified lyrics. There’s a side note though: sometimes, you _can_ use copyrighted works without a license. Is it one of those cases?
Fair dealing: can I perform (without a license) in a "private congregational ... |
> The United States enforces laws on its citizens.
This is not true and never has been in the United States or pretty much any other country. Countries exercise authority over anyone in their territory, and over their citizens even if outside their territory. Sometimes countries agree to waive their authority over a... |
What should a contract contain to protect an employees rights to work on unrelated side projects in their free time?
Assume UK employment law. |
> It is a common practice that opposing parties communicate via their
> lawyers rather than the parties communicating directly to each other.
>
> Besides saving the parties' time, what are the benefits and what are
> the drawbacks associated with this practice?
>
> Does it happen that the opposing parties would... |
The Home Owner's Association's attorney labels its work products as "Attorney Client Privilege". Does the HOA's lawyer have a duty or is it standard practice to label documents (including) as privileged if it contains privileged information?
I ask because in my time working for 3 letter agencies, the equivalent of p... |
> Does the HOA's lawyer have a duty or is it standard practice to label
> documents (including) as privileged if it contains privileged
> information?
While it is sometimes labeled, this is done by attorneys when it is done, mostly to prevent stupid clients from sharing the information and waiving the privilege.
... |
Many OTAs let you book a flight, but they always offer only the lowest fare (for ex. Economy Light). On airline website there often are higher fares (for ex. Economy Basic, Economy Basic Plus, Economy Flex, or even business class ...).
Often, buying an higher fare including luggage costs less than the lowest fare (not... |
Are major OTAs violating CE 80/2009? |
If a contract where Bob gives Alice a peppercorn and she gives him an airplane will be enforced by a court if one of them tries to back out, what's the point of not enforcing a contract where Alice promises Bob the plane with no consideration from Bob? |
I have some money that fell in a mud puddle. It got really dirty, and I don't want to put it in my wallet as it currently is. Is it legal to wash the money? |
Is it legal to wash money? |
Many online travel agencies let you book a flight, but they always offer only the lowest fare (for ex. Economy Light). On airline websites there often are higher fares (for ex. Economy Basic, Economy Basic Plus, Economy Flex, or even business class ...).
Often, buying an higher fare including luggage costs less than t... |
Are major online travel agencies violating CE 80/2009? |
> Is an extra clause explicitly stating your rights to side projects necessary?
No. The samples you provide already contain semantics to limit the scope of the clause to the "duties or terms of the employment".
In the first sample clause, the element of "*carry[ing] out the work [...] in your own time*" is premis... |
Many non-stick products are sold with a limited lifetime warranty, e.g. for their NONstickiness — see pictures beneath. **Presume that a consumer has perfectly followed** [manufacturer's proper care and use instructions](https://www.zwilling.com/us/about-us/use-care/article-use-care-cookware.html).
I read about this... |
Can a swiss employer force the employee to change the display picture and full name of your personal linkedin profile? |
How much social media control can your employer exert over you? |
I understand that emailing a person without consent is illegal under GDPR.
But is it ok to email someone if the person has made the mail address public ? For example if a university professor posted his/her email on the university website ( which is publicly open without any login requirement ) . Is it Ok to send the... |
It should contain one of the following two clauses:
1. A clause that explicitly lists all of the side projects you are working on at the point of employment, that will not be transferred to the employer's ownership under [Section 11 of the Copyright, Designs and Patent Act 1998][1] ("the Act") which states
> (1... |
It should contain one of the following two clauses:
1. A clause that explicitly lists all of the side projects you are working on at the point of employment, that will not be transferred to the employer's ownership under [Section 11 of the Copyright, Designs and Patent Act 1998][1] ("the Act") which states
> (1... |
I understand that emailing a person without consent is illegal under GDPR.
But is it okay to email someone if the person has made the mail address public? For example if a university professor posted his/her email on the university website (which is publicly open without any login requirement). Is it okay to send th... |
Many non-stick products are sold with a limited lifetime warranty, e.g. for their NONstickiness. **Presume that a consumer has perfectly followed**, [e.g., manufacturer's proper care and use instructions](https://www.zwilling.com/us/about-us/use-care/article-use-care-cookware.html).
I read about this class action, b... |
Fred builds a unapproved structure which causes damage to an HOA. He then persuades the board to build a structure to compensate / correct said damage under the guise of maintenance of said damage.
The guise of building the second structure as maintenance is pretextual. What is the legal term to capture the notion ... |
Many online travel agencies let you book a flight, but they offer only the lowest fare (for ex. Economy Light). On airline websites there often are higher fares (for ex. Economy Basic, Economy Basic Plus, Economy Flex, or even business class ...).
Often, buying an higher fare including luggage costs less than the lowe... |
# general things on copyright
Copyright law is very similar globally, due to the [Berne convention on copyright.][1]
Ány country's copyright law grants the copyright to an author. Copyright is the exclusive right of an author to authorize ("license") *copies, performance, and derivative works*. In case multiple au... |
This question relates to a landlord tenant trial in NJ in which the landlord ("Plaintiff") is being represented by an attorney.
The Defendant wishes to cross examine the Plaintiff directly because it is unlikely that the Plaintiff's attorney has much knowledge about the topics the Defendants intends to discuss. The... |
Can a Defendant Cross Examine the Plaintiff Directly in a LT Trial? |
As far as I understand copyrights, both books and lyrics of a song are protected in the same way. **Are they really?** It's much easier to find whole lyrics of a song than it is to find whole text of a book. And if you reach a book online, it will be on some shady websites only. How come? What's the legal difference? |
What's the difference in copyrights between a book and lyrics of a song? |
In a landlord tenant case in NJ, should one file a Motion to compel arbitration before the case is heard or should one wait to make that argument orally in front of the judge?
If it is ideal to submit the Motion in advance, what type of motion should be filed? A Motion to Stay the case pending arbitration?
Thanks |
When to File a Motion to Compel Arbitration in a LT Trial? |
Can a Defendant Insist on Cross Examining the Plaintiff Directly in a LT Trial? |
In a landlord tenant case in NJ, should one file a Motion to compel arbitration before the case is heard or should one wait to make that argument orally in front of the judge?
If it is ideal to submit the Motion in advance, what type of motion should be filed? A Motion to Stay the case pending arbitration?
|
This question relates to a landlord tenant trial in NJ in which the landlord ("Plaintiff") is being represented by an attorney.
The Defendant wishes to cross examine the Plaintiff directly because it is unlikely that the Plaintiff's attorney has much knowledge about the topics the Defendants intends to discuss. The... |
I understand that storing any hash or IP that can identify "user uniquely" is against GDPR. I am planning to use user browsing pattern to see if similar or same user had previously visited the website. ( Scroll pattern / click frequency and so on ) There will not be any hardware related information saved or any cookie ... |
A consumer has a membership for a gym that has temporarily closed for a month for refurbishment. They have offered temporary access to another of their gyms but this is on the other side of the city and not convenient for the consumer.
The consumer has asked for a partial refund to cover to closure period, as they h... |
What rights does a consumer have around refund when service provider temporarily closes? |
> I have heard that this interest rate is illegally high for a loan. Is
> this correct?
Yes. This is an annualized interest rate of 715,586,124,880,210%, which is far, far in excess of the maximum interest rate allowed by law.
The maximum legally allowed interest rate in British Columbia is 60% per annum. So, an... |
A consumer has a membership for a gym that has temporarily closed for a month for refurbishment. They have offered temporary access to another of their gyms but this is on the other side of the city and not convenient for the consumer.
The consumer has asked for a partial refund to cover to closure period, as they h... |
In [this answer @ ohwilleke][1] writes:
> that the case law does make clear that the standard to apply the
> arbitration clause is relatively modest especially where one party has
> signed the agreement and another is a direct contractual successor to
> a signatory party
And that:
> Courts tend to err ver... |
Do Courts Still Favor Arbitration or Put it on Equal Footing with other Contractual Obligations? |
In [this answer @ ohwilleke][1] writes:
> that the case law does make clear that the standard to apply the
> arbitration clause is relatively modest especially where one party has
> signed the agreement and another is a direct contractual successor to
> a signatory party
And that:
> Courts tend to err ver... |
[This response on SE][1] states that a motion consists of the following components:
- motion header;
- the facts on which your motion is premised;
- the relief you expect from that motion;
- a brief, where the party develops his legal arguments and presents laws favoring his position.
Should one wish to fi... |
Format of a Motion to Stay Case Pending Arbitration? |
The Supreme Court today rejected Donald Trump’s request that the High Court block House Democrats from viewing his tax returns. T[he order was brief, unsigned and noted no dissents.][1]
What is the significance of it being unsigned?
[1]: https://%20https://talkingpointsmemo.com/edblog/where-things-stand-a-figh... |
What is the significance of a SCOTUS brief being unsigned? |
> “‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifi... |
In GDPR terms is the hash of a user ID considered personal data? |
The Supreme Court today rejected Donald Trump’s request that the High Court block House Democrats from viewing his tax returns. T[he order was brief, unsigned and noted no dissents.][1]
What is the significance of it being unsigned?
[1]: https://www.supremecourt.gov/orders/courtorders/112222zr_5i26.pdf |
What is the significance of a SCOTUS order being unsigned? |
In [this answer @ ohwilleke][1] writes:
> that the case law does make clear that the standard to apply the
> arbitration clause is relatively modest especially where one party has
> signed the agreement and another is a direct contractual successor to
> a signatory party
And that:
> Courts tend to err ver... |
Do Courts Favor Arbitration or Put it on Equal Footing with other Contractual Obligations? |
It it legal to publish a list of cryptographic hashes of words and two- and three-word phrases from an article, in random order? "Lorem ipsum dolor sit amet" would become:
* Lorem
* Ipsum
* Dolor
* Sit
* Amet
* Lorem ipsum
* Ipsum dolor
* Dolor sit
* Sit amet
* Lorem ipsum dolor
* Ipsum dolor sit
* Dolor ... |
Is it legal to publish hashes of words or phrases from copyrighted articles? |
Is it when the attorney gets paid? Can attorney client privilege exist even if the clients payments are inarears? When exactly is the moment when the privilege comes into existence? If you make an appointment is there this privilege from the moment you start speaking?
How exactly does it work? |
When does attorney client privilege start? |
Does the concept of attorney client privilege apply to workers within the same law practice that are not directly involved with your case as well? |
Is attorney client privilege practice wide? |
Do Courts Favor Arbitration Over Litigation in Civil Court? |
In [a recent answer on SE][1] @ _ohwilleke writes:
> that the case law does make clear that the standard to apply the
> arbitration clause is relatively modest **especially where one party has
> signed the agreement and another is a direct contractual successor to
> a signatory party**
And that:
> Courts ... |
Arbitration: Favored Way of Resolving Disputes or Equal Footing? |
I understand that storing any hash or IP that can identify "user uniquely" is against GDPR. I am planning to use user browsing patterns to see if a similar or the same user had previously visited the website. (Scroll pattern/click frequency and so on.) There will not be any hardware related information saved or any coo... |
In [a recent answer on SE][1] @ _ohwilleke writes:
> that the case law does make clear that the standard to apply the
> arbitration clause is relatively modest **especially where one party has
> signed the agreement and another is a direct contractual successor to
> a signatory party**
And that:
> Courts ... |
In [a recent answer on SE][1] @ _ohwilleke writes:
> that the case law does make clear that the standard to apply the
> arbitration clause is relatively modest **especially where one party has
> signed the agreement and another is a direct contractual successor to
> a signatory party**
And that:
> Courts ... |
This question is U.S. based.
I ask this because recently I was summoned for jury duty. When we were in the courtroom, the judge asked each of the jurors in the box a list of questions. One of them was their command/understanding of the English language.
One person said they didn't understand English and ignored... |
Why don't people who are untruthful during jury selection get held in contempt of court? |
> Why don't people who are untruthful during jury selection get held in
> contempt of court?
The premise of the title question is incorrect. Jurors are regularly held in contempt of court for being untruthful during jury selection.
I suspect that the number of prospective jurors held in contempt by courts on an... |
> Why don't people who are untruthful during jury selection get held in
> contempt of court?
The premise of the title question is incorrect. Jurors are regularly held in contempt of court for being untruthful during jury selection.
I suspect that the number of prospective jurors held in contempt by courts on an... |
This question is rather US-based but perspectives from all other countries (UK, Aus, CAN, etc.) are much appreciated.
The situation is as follows. An expat gives some money away to a friend in his home country, which she uses to do the business. He doesn't have the custody, ownership, or any other legal association ... |
Tax duty for unassociated money? |
> “‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifi... |
Is it legal to physically wash money? |
> “‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifi... |
> a gutter cleaner drops a leaflet with phone number, and as my gutters needed to be cleaned I called him, we met and I gave him a deposit for the work in cash. The gutter cleaner put everything in writing at the back of the leaflet and signed it.
In other words, you have a written contract which you fulfilled but ... |
can anybody help me;
Is there an equivalent law in SCOTLAND and NORTHERN IRELAND to The Social Action Responsibility and Heroism Act (England and Wales)? |
This question is rather US-based but perspectives from all other countries (UK, Aus, CAN, etc.) are much appreciated.
The situation is as follows. An expat gives some money away to a friend in his home country, which she uses to do the business. He doesn't have the custody, ownership, or any other legal association ... |
My aunt lives somewhere on the territory of European Union and I navigated to her house in street view mode on Google Maps. I notices the fact the by navigating those images you can see in her house:
You can clearly see that on the window at the ground floor, she has a flower pot. I mean this doesn't create any probl... |
Is it legal for google street view images to see in my house(EU)? |
If a service engagement (e.g., accounting services) is signed at a fixed price (e.g. $1000 per filing) with a firm for two filing and you do a third without an engagement, is it implied that the fees are the same? If services are performed can the firm change the rate without notice or new engagement letter? |
For bankruptcy, are your finances taken into account at the time of filing, or at the time of the 341 meeting several months later? |
What is the difference between S4, S4A & S5 public order offences? |
I have a question about contract law within the following scenario:
Say the original contract/engagement letter is for 2 tax filings with Acme Tax Accountants. Each filing is $1,000 for a total of $2,000. This service is performed and paid.
The next year a third tax filing is done by Acme Tax Accountants but no ... |
This question fairly closely relates to the below linked question, but does differ in it’s question.
https://law.stackexchange.com/questions/76545/legal-standing-as-a-house-sitter-during-a-bailiff-visit
Suppose a high court writ has been received to collect on a debt. The person owed the debt knows for a fact tha... |
Can a Housesitter allow a bailiff entry to a property? |
This question is U.S. based.
I ask this because recently I was summoned for jury duty. When we were in the courtroom, the judge asked each of the jurors in the box a list of questions. One of them was their command/understanding of the English language.
One person said they didn't understand English and ignored... |
Dale M's answer is correct, but there's more:
> what if she had a bathroom on that window and you could see her bathing?
That could well lead to her being charged with public nudity / indecent exposure (depending on where exactly in Europe it is).
The fact that she would be exposing herself inside her house wo... |
The Supreme Court today rejected Donald Trump’s request that the High Court block House Democrats from viewing his tax returns. T[he order was brief, unsigned and noted no dissents.][1]
What is the significance of it being unsigned?
Edit: Fwiw [here is the order][1].
[1]: https://www.supremecourt.gov/orde... |
(Not sure if this should be on the Politics.SE)
From [divibisan's answer to one of my questions on Politics.SE][1]:
>You won't find many people seriously arguing that the Rittenhouse jury ruled incorrectly as a matter of Wisconsin state law. The standard for self-defense is so loose, that it's hard to see how the... |
Why prosecute Kyle Rittenhouse if there is no real chance of a guilty verdict? |
(Not sure if this should be on the Politics.SE)
From [divibisan's answer to one of my questions on Politics.SE][1]:
>You won't find many people seriously arguing that the Rittenhouse jury ruled incorrectly as a matter of Wisconsin state law. The standard for self-defense is so loose, that it's hard to see how the... |
I want to make a irrevocable trust to protect me against potential lawsuits and future divorce (I am not yet married).
At the same time, I want to be able to invest my assets (cash/securities right now) the way I want.
Can I put a family member as trustee? How about a company that I am a part of? How about a comp... |
How should I make a Asset Protection Irrevocable Trust? |
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