instruction stringlengths 15 30k |
|---|
I have often read about kidnapping charges being brought against a non-custodial parent during divorce or against an individual when a teenager runs away from home with their respective boyfriends or girlfriends.
In criminal law, are the wishes of a minor typically taken into account or are they not considered at al... |
Is it considered kidnapping if an underaged teenager willingly goes with someone else without the permission of their parent or guardian? |
One thing that concerns me about sexual assault court cases is the following:
**In sexual assault cases:**
an intoxicated person is said to be unable to give legal consent to intercourse.
**In other criminal cases:**
an intoxicated person cannot use drunkenness as a defense against their actions.
I... |
How drunk is too drunk? How does the law reconcile being drunk in sexual assault vs other crimes? |
Suppose someone publishes the statement "All lawyers are theives." Obviously, this is not true; there most likely are some lawyers who are also theives, but certainly not all. Would it be possible for any lawyer to sue this person for defamation, either individually or in a class action? |
Can you defame a profession? |
## Background context
Date rape is said to occur when one person uses drugs to incapacitate another person and then engages in sexual intercourse without their consent.
It is generally understood that using pharmaceutical drugs to incapacitate someone for the purpose of sexual assault is a clear-cut case of date ... |
Is alcohol considered a date-rape drug? What if both parties were intoxicated? |
Can a law against selling be circumvented by a gift and an unrelated purchase? |
can anybody help me;
Is there an equivalent law in SCOTLAND and NORTHERN IRELAND to [The Social Action Responsibility and Heroism Act][1] (England and Wales)?
[1]: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/318839/sarah-bill-fact-sheet.pdf |
And can states be held accountable for any violations of the treaty that occurred before they incorporated the treaty into domestic law ? |
Can countries that apply the dualist approach to international law indefinitely delay the implementation of a treaty into domestic law? |
Treaties are obligations to the world. Domestic law creates obligations within the state's own sovereign domain. A country assumes the obligations under the treaty when it signs or ratifies it (which of these is necessary depends on the treaty) and it comes into force (the trigger for this also depends on the treaty).
... |
> Does non-objectively justifiable optimism constitute insider trading?
No. The premise that traders' "*reasons are mostly subjective*" implies that they did not act on material information at all. Consequently, this defeats the notion that "*management of Company A had an unfair advantage over other[s]*".
> mana... |
Is there an equivalent law in SCOTLAND and NORTHERN IRELAND to [The Social Action Responsibility and Heroism Act][1] (England and Wales)?
[1]: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/318839/sarah-bill-fact-sheet.pdf |
Does a treaty have to be compatible with the US constitution to be implemented? |
An infamous clause found occasionally in software licenses is:
> The Software shall be used for Good, not Evil.
This clause has been discussed in many places, including [Software Engineering Stack Exchange](https://softwareengineering.stackexchange.com/q/47028/240946) and [Open Source Stack Exchange](https://open... |
An infamous clause found occasionally in software licenses is:
> The Software shall be used for Good, not Evil.
This clause has been discussed in many places, including [Software Engineering Stack Exchange](https://softwareengineering.stackexchange.com/q/47028/240946) and [Open Source Stack Exchange](https://open... |
An infamous clause found occasionally in software licenses is:
> The Software shall be used for Good, not Evil.
This clause has been discussed in many places, including [Software Engineering Stack Exchange](https://softwareengineering.stackexchange.com/q/47028/240946) and [Open Source Stack Exchange](https://open... |
An infamous clause found occasionally in software licenses is:
> The Software shall be used for Good, not Evil.
This clause has been discussed in many places, including [Software Engineering Stack Exchange](https://softwareengineering.stackexchange.com/q/47028/240946) and [Open Source Stack Exchange](https://open... |
An infamous clause found occasionally in software licenses is:
> The Software shall be used for Good, not Evil.
This clause has been discussed in many places, including [Software Engineering Stack Exchange](https://softwareengineering.stackexchange.com/q/47028/240946) and [Open Source Stack Exchange](https://open... |
> Does a treaty have to be compatible with the US constitution to be
> implemented?
Yes.
A treaty that is incompatible with the U.S. Constitution is void to the extent it is unconstitutional. *See, e.g., Doe v. Braden*, 57 U.S. (16 How.) 635, 657 (1853) ("The treaty is . . . a law made by the proper authority, a... |
## General Issue ##
It is true that [18 USC 2384](rhttps://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter115&edition=prelim) reads:
> Seditious conspiracy
>
> If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthro... |
What would be the effect of the United States ratifying a treaty that is incompatible with its constitution? |
According to [this article][1] in Newsweek, people are calling for Amy Coney Barrett to recuse herself from the *303 Creative LLC v. Elenis* case because she has strong ties to anti-gay Christian groups. While these people are probably right that she is biased, this still seems a little odd to me. Barret does not have ... |
Is there precedent for Supreme Court justices recusing themselves from cases when they have strong ties to groups with strong opinions on the case? |
Where would I find in https://www.copyright.gov/title17/92chap1.html for example or other legal text whether it is legal for me to publish my photograph of a bottle of Coke for use to sell that bottle of Coke in my advertisement that I created, all commercially? |
In the US, is it legal for me to commercially advertise a photograph that I took myself of a bottle of Coke? |
> Is there precedent for Supreme Court justices recusing themselves from
> cases when they have strong ties to groups with strong opinions on the
> case?
Not really.
Supreme Court justices decide unreviewably whether or not to recuse themselves from cases, informed by general canons of judicial ethics which gui... |
For example, if I create a random generator that uses the names of the characters from a MOBA plus a random string attached after the character name, and also release the source code of this generator to the public, is this an IP infringement? In order to achieve this I (in this case) would have to include the names of... |
Are random generators that use the names of fictional characters not infringing? |
For example, if I create a random generator that uses the names of the characters from a Multiplayer Online Battle Arena (MOBA) video game plus a random string attached after the character name, and also release the source code of this generator to the public, is this an IP infringement? In order to achieve this I (in ... |
For example, if I create a random generator that uses the names of the characters from a Multiplayer Online Battle Arena (MOBA) video game plus a random string attached after the character name, and also release the source code of this generator to the public (for demonstrative purposes), is this an IP infringement? In... |
JURISDICTION: New Hampshire, United States
If a creditor refuses to accept payment for a debt, is the debt extinguished?
I know this sounds bizarre, but some companies are no longer accepting payment for debts or other obligations unless they meet some criteria.
For example, recently I had a vendor refuse a ch... |
If a creditor refuses to accept payment for a debt, is the debt extinguished? |
If a creditor refuses to accept payment for a debt, is the debt extinguished?
I know this sounds bizarre, but some companies are no longer accepting payment for debts or other obligations unless they meet some criteria.
For example, a vendor refuses a check to pay for goods because there was a company name on the... |
OpenAI's ChatGPT, for certain queries/prompts involving specific phrases, is reproducing, verbatim, code that I placed on my website but did not attach an explicit licence to.
Presumably its algorithm was trained on code and content scraped from the internet, and when users enter prompts containing enough phrases ma... |
ChatGPT is reproducing unlicensed code from my website verbatim: what can I do about it? |
> Is there precedent for Supreme Court justices recusing themselves from
> cases when they have strong ties to groups with strong opinions on the
> case?
Not really.
Supreme Court justices decide unreviewably whether or not to recuse themselves from cases, informed by general canons of judicial ethics which gui... |
JURISDICTION: New Hampshire, United States
If a creditor refuses to accept payment for a debt, is the debt extinguished?
I know this sounds bizarre, but some companies are no longer accepting payment for debts or other obligations unless they meet some criteria.
For example, recently I had a vendor refuse a ch... |
## it depends on the contract.
Let's say Alice has a contract with Bob, formulated as follows: Alice lends Bob 20 dollars and in return, Bob repays Alice 2 dollars a week for 11 weeks.
The contract does not have room for an early payment of any outstanding amount. It also has no room for Charly to pay for Bob's fee... |
Inspired by the lawsuit filed amidst an ongoing controversy in the chess world. In brief, one player (Carlsen) accused another (Niemann) of cheating, and Niemann filed a defamation lawsuit against Carlsen + two other defendants (Chess.com & Nakamura) in response. In an article about the lawsuit, the Chessbase [writes][... |
Why don't courts punish time-wasting tactics? |
OpenAI's ChatGPT, for certain queries/prompts involving specific phrases, is reproducing, verbatim, code that I placed on my website but did not attach an explicit licence to.
Presumably its algorithm was trained on code and content scraped from the internet, and when users enter prompts containing enough phrases ma... |
Let's pressume that a chat-based AI, for certain queries/prompts involving specific phrases, is reproducing, verbatim, code that was placed on a publicly accessible website. The code on the website had no license conditions available.
Presumably its algorithm was trained on code and content scraped from the internet... |
Chat AI is reproducing unlicensed code from a website verbatim: what can the original author do about it? |
Let's pressume that a chat-based AI, for certain queries/prompts involving specific phrases, is reproducing, verbatim, code that was placed on a publicly accessible website. The code on the website had no explicit licence attached to it.
Presumably its algorithm was trained on code and content scraped from the inter... |
The *mere presence* of a conditional isn't a *determining* factor, but the *context* of the conditional *can* be a *contributing* factor in determining whether the threat is true or not. See a [more recent publication from 2003][1] for a better understanding of those factors. I definitely wouldn't rely on anything fr... |
If yes, what uses of a list of character names are non-infringing (on copyright/trademark) according to the Feist v. Rural ruling? |
Is a list of characters from a video game considered a fact? |
Is the list of characters from a video game considered a fact? |
If yes, what uses of a list of character names are non-infringing (on copyright/trademark) according to the [Feist v. Rural](https://en.m.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._Rural_Telephone_Service_Co.) ruling? |
Are there any countries that would not extradite a British national back to the [tag:united-kingdom] nor prosecute the accused themself?
I have researched Egypt and Namibia, however both of those countries would instead prosecute the person there rather than accepting the extradition request and sending the criminal... |
Despite an alleged crime meeting the [double-criminality requirement](https://en.m.wikipedia.org/wiki/Double_criminality), are there any countries that would not extradite a British national back to the [tag:united-kingdom] nor prosecute the accused themself?
I have researched Egypt and Namibia, however both of thos... |
Despite an alleged crime meeting the [double-criminality requirement](https://en.m.wikipedia.org/wiki/Double_criminality), are there any countries that would not extradite a British national back to the [tag:united-kingdom] nor prosecute the accused themself?
I have researched Egypt and Namibia, however both of thos... |
If yes, what uses of a list of character names are non-infringing (on copyright/trademark) according to the [Feist v. Rural](https://en.m.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._Rural_Telephone_Service_Co.) ruling? E.g. can the character names be included in a dictionary? |
The *mere presence* of a conditional isn't a *determining* factor, but the *context* of the conditional *can* be a *contributing* factor in determining whether the threat is true or not. See a [more recent publication from 2003][1] for a better understanding of those factors. I definitely wouldn't rely on anything fr... |
Suppose someone publishes the statement "All lawyers are thieves." Obviously, this is not true; there most likely are some lawyers who are also thieves, but certainly not all. Would it be possible for any lawyer to sue this person for defamation, either individually or in a class action? |
[tag:france]
The statutory definition of rape is rather short: [Code Pénal 222-23](https://www.legifrance.gouv.fr/codes/id/LEGISCTA000043409028/)
> Tout acte de pénétration sexuelle, de quelque nature qu'il soit, ou tout acte bucco-génital commis sur la personne d'autrui ou sur la personne de l'auteur par viol... |
I own a YouTube channel and a website that belongs to it. On the website, I am also displaying the YouTube videos. For various reasons, I want to create a plugin to sync the comments on my YouTube channel with my website. This would mean saving those comments in my database.
Are there any legal implications to this?... |
Do judges have the discretion to apply older laws or rulings, or do they have to follow the new legislation regardless?
By historical precedents, I am referring to the common law that has developed over time through various judicial rulings. |
What happens if the legislator passes a new law that contradicts historical precedents? |
[According to this government website, a publication ban is defined as:][1]
> A publication ban is an order the Court makes that prevents anyone from publishing, broadcasting, or sending any information that could identify a victim, witness, or other person who participates in the criminal justice system. The public... |
Do Canadian publication bans apply to the contents of court documents? |
What happens if the legislature passes a new law that contradicts historical precedents? |
Someone in my discord server told me the following after someone made an offensive joke to her.
I try to be tolerant with people of different backgrounds.
> I am pagan and I practice witchcraft. I understand SW are a part of the Navajo culture, but they intertwine in paganism. I am offended because that is not ... |
Does freedom of religion extend to witchcraft? |
I was wondering if a tenant feels their landlord has wronged them, if there could be any legal argument, even an unusual one, that if a person has established a residence somewhere to some non-trivial extent, they have some inherent right or claim to that as their residence or home, and it may be possible to remove the... |
Is it legally possible for a tenant to replace their landlord? |
> Is it legally possible for a tenant to replace their landlord?
Generally not. The landlord-tenant relationship flows from the landlord's ownership of the property and the tenant can do nothing to change that (short of buying the land from the landlord in a voluntary transaction).
If the landlord were a governme... |
Through the summer, I picked up a client on a contract basis for whom I completed about 3 months of work. I had every reason to believe they would come good in terms of paying me, as the owners of the company are associated with other reputable firms. After not having gotten paid and having gotten a ton of excuses and ... |
Yes, it's okay to admit to the police that you were speeding. Yes, there ***could*** be benefits, but you're gambling with your chances.
Among police there's a wide range of philosophies when it comes to deciding when to issue citations. Individual departments ***can*** establish strict standards, but most leave i... |
Is there an equivalent law in SCOTLAND and NORTHERN IRELAND to [The Social Action Responsibility and Heroism Act](https://www.legislation.gov.uk/ukpga/2015/3) (England and Wales)?
|
Is there an equivalent law in SCOTLAND and NORTHERN IRELAND to [The Social Action Responsibility and Heroism Act 2015](https://www.legislation.gov.uk/ukpga/2015/3) (England and Wales)?
|
I was recently offered a new job. The company is fully remote and is based in California; however, I live in a different state.
I want to get a Contract Review attorney to take a look at the employment contract and point out any possible issues and edits (e.g. intellectual property of code I write in my own free ti... |
Should an attorney that's reviewing employment contracts be licensed in the same state as the employer? |
How does the price cap on Russian oil work? As I understand, EU insurers are now prohibited from doing business with freight companies that transport Russian oil by sea – unless they comply with the cap. I have three questions:
1. Can Russian companies simply enjoy insurance services from other providers?
2. Can ... |
How does the price cap on Russian oil work? |
[Practice direction 55][1] seems to begin at 55.3. Why are there no Practice Direction 55A rules 55.1 and 55.2, or where are they?
[1]: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55/pd_part55a |
Why does practice direction 55A begin with 55.3? |
[Practice direction 55A][1] seems to begin at 55.3. Why are there no Practice Direction 55A rules 55.1 and 55.2, or where are they?
[1]: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part55/pd_part55a |
A lot of taxable liabilities depend on the notion of when a monetary gain is "realized", but it is not clear to me how this is defined legally.
For example, if a person sells stock, then the brokerage will credit the cash account of the client. The client does not actually have the money in the sense that the broker... |
When does money become money? (When is a debt "realized"?) |
I am employed as a designer in the UK by a UK employer. I do not work for a software company.
On my own machine on weekends I created my own software that I believe my employer would benefit from.
I pitched my software to my employer with the intention that my employer could use it for free, support with its future d... |
Who owns the IP for some software that I created in my spare time? Employee or Employer? |
In the US, most if not all states have some kind of law(s) in place that prohibit the carry of knives in schools zones. While most states define a knife as a weapon by edge length, I can not find any legal definition of what constitutes an edge or what constitutes a knife as a weapon in regards to school zones.
M... |
Do school zone knife exclusions violate the 14th Amendment? |
Trump having a foreign loan for 19.8m that wasn't disclosed is sort of big news now. However, the news doesn't say much about the legal implications, many imply he violated a requirement to disclose but none give specifics of the legal implication. I know Fobes at least had an article saying trump may not be technica... |
What laws, if any, were violated and what are the theoretical penalties for breaking them associated with Trumps failure to disclose the 19.8 m loan? |
In countries with common-law systems, like the United States a new statute that contradicts a previous common-law precedent. A judge does not have authority to disregard the new statute in favor of the older precedent.
However, a new US state statute **cannot** override a previous federal law, a federal constitution... |
In countries with common-law systems, like the United States a new statute that contradicts a previous common-law precedent. A judge does not have authority to disregard the new statute in favor of the older precedent.
However, a new US state statute **cannot** override a previous federal law, a federal constitution... |
I am in the EU and I recently got a job offer for a remote role from a games developing startup. A service provider agreement will facilitate the role. The contract however is full of very high financial penalties(tens of thousands of euros) on several breaches (of confidentiality or non competition f.e.). It also says... |
Are financial penalties common in job offers? |
School administrators have the right to try to express the law in seemingly simpler language, but they do not have the right to enforce their misstatements of the law. [The law of Louisiana][1] does not refer to knives at all
> Carrying a firearm, or dangerous weapon as defined in [R.S. 14:2][2],
> by a student or ... |
A company is advertising a sale stating that I will receive a discount site wide for 50% off. A hyper link to the sale clearly shows the sale applies to all available products, further in each one of those products available durations (ex. 1,3 and annual). Finally, by clicking on a link I can take advantage of that sal... |
> For example, if a person sells stock, then the brokerage will credit
> the cash account of the client. The client does not actually have the
> money in the sense that the brokerage "owes" them the money, but since
> the brokerage can be viewed as sort of a bank, then the gain could be
> considered realized.
Ga... |
I think I could see it possibly going either way, but would expect that it would typically go in your favour where there is any dispute of fact, as you have evidence of the “written” contract, although where it would get more interesting is where either you voluntarily concede the fact of the phone conversation, or he ... |
In case a claimant triumphs in a possession claim, they are entitled to seek a costs order against the defendant.
But suppose that the claim is instead struck out, while the defendant triumphs, but not without having to go through the burden of researching and preparing their defence, traveling to and from attendin... |
Does the English rule apply to costs in possession claims? |
I was recently offered a new job. The company is fully remote and is based in California; however, I live in a different state.
I want to get a Contract Review attorney to take a look at the employment contract and point out any possible issues and edits.
Do I need a lawyer licensed in California or my home stat... |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.