instruction stringlengths 15 30k |
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If the states where it is privileged, and may not be admissible in court are fewer, which states are they?
Does it matter if information disclosed during priest-penitent communications had been known to the priest prior to the priest from another source? Or after? |
Okay so I am writing something that is like a chronicle of science, culture and technological progression in a popular sci-fi franchise. I don't expect my work to be published for many years. Right now I am just collecting ideas. However, I am nervous on what I will be allowed to do. I have 3 main questions
1.) If s... |
What are the rules for intellectual property in science fiction? |
Appealing a verdict due to the lawyers being incompetent and or failing to follow instructions? |
In statutory instruments and delegated legislation in the UK, **the default definition of person "includes a body of persons corporate or unincorporate"** ([*Interpretation Act 1978*](https://www.legislation.gov.uk/ukpga/1978/30/enacted), Schedule 1; and see [s. 23A][1] which exempts the definitions from applying to ac... |
In statutory instruments and delegated legislation in the UK, **the default definition of person "includes a body of persons corporate or unincorporate"** ([*Interpretation Act 1978*](https://www.legislation.gov.uk/ukpga/1978/30), Schedule 1; and see [s. 23A][1] which exempts the definitions from applying to acts of th... |
In statutory instruments and delegated legislation in the UK, **the default definition of person "includes a body of persons corporate or unincorporate"** ([*Interpretation Act 1978*](https://www.legislation.gov.uk/ukpga/1978/30), Schedule 1; and see [s. 23A][1] which exempts much of the Act from applying to acts of th... |
This question is related to https://law.stackexchange.com/questions/87071/legal-considerations-when-self-publishing-a-book and motivated by comments made by David Siegel therein.
When self-publishing a re-typeset book, say on Amazon, that one believes to be in the public domain, can the typesetter be protected fro... |
Does an LLC Protect a Self-Publisher Personally from Inncocent Infringement of a Copyright? |
Once a defendant has been found unfit to plead, found to have committed the act (via a trial of facts) and sentenced to hospital (via the mental health act), can the case be reopened when the defendant becomes well again?
I am under the impression that at some time the law was changed such that it was the case that... |
Fitness to plead - UK - what happens when the defendant gets better? |
Once a defendant has been found unfit to plead, found to have committed the act (via a trial of facts) and sentenced to hospital (via the mental health act), can the case be reopened when the defendant becomes well again?
I am under the impression that at some time the law was that the defendant was sectioned until... |
There are many questions (and answers) on this site pertaining to circuit splits.
It is also my understanding that rulings/interpretations made by courts are binding on all lower courts within their circuit until repealed by a higher court.
My question is fairly simple:
**Why have circuits in the first place?*... |
Why have circuits in US courts? |
If one is writing *about* a work of fiction, one may describe the work, and use terms from the work in doing so. One might write, for example:
> In *Spaceman Sam* the characters use "blasters" as weapons, while in *Jack of the Galaxy* "contragravity" is used to propel "aircars"
These are ***facts***, and copyrigh... |
Okay so I am writing something that is like a chronicle of science, culture and technological progression in a popular sci-fi franchise. I don't expect my work to be published for many years. Right now I am just collecting ideas. However, I am nervous on what I will be allowed to do. I have 3 main questions
1.) If s... |
Okay so I am writing something that is like a chronicle of science, culture and technological progression in a popular sci-fi franchise. I don't expect my work to be published for many years. Right now I am just collecting ideas. However, I am nervous on what I will be allowed to do. I have 3 main questions
1. If so... |
Once a defendant has been found unfit to plead, found to have committed the act (via a trial of facts) and sentenced to hospital (via the Mental Health Act), can the case be reopened when the defendant becomes well again?
I am under the impression that at some time the law was that the defendant was sectioned until... |
[Tag:england-and-wales]
**Can the case be reopened when the defendant becomes well again?**
**Yes**
See the [Criminal Procedure (Insanity) Act 1964](https://www.legislation.gov.uk/ukpga/1964/84/section/4?timeline=false), and the related [Crown Prosecution Service](https://www.cps.gov.uk/legal-guidance/mental... |
If one is writing *about* a work of fiction, one may describe the work, and use terms from the work in doing so. One might write, for example:
> In *Spaceman Sam* the characters use "blasters" as weapons, while in *Jack of the Galaxy* "contragravity" is used to propel "aircars"
These are ***facts***, and copyrigh... |
In Sweden and Germany you have to have an officially registered address. The government uses this to send important mail to you and keeps it in a registry.
I am pretty confident you can register at an address just because someone has decided you can live with them, like your friend or family member. You do not requi... |
What is the precise legal requirement for registering at an address? |
> Why have circuits in the first place?
How courts are organized is mostly an issue of efficient and effective administration of justice, while balancing the ideals of justice itself (e.g. consistency, fair and equal treatment etc.). It is the reason why there is an intermediate level of courts in the first place an... |
In the United States, assuming a friend creates an online gambling account legally, and gives you full consent to use the account, are there any potential legal ramifications? It will likely be against the online casino's terms and conditions (giving them the right to ban the account, which is fine). But with written c... |
From the legal perspective, the only answer is "because that's how it was set up". It was set up via the Judiciary Act of 1789, [1 Stat 73][1], §2.
> And be it further enacted, That the United States shall be, and they
> hereby are divided into thirteen districts, to be limited and called
> as follows, to wit: one... |
Why is the federal judiciary of the United States divided into circuits? |
If a composer wanted to write a piece of music inspired by a novel written by another person, which of the following would count as a derivative work?
Setting the actual text of the book in music to be sung by a chorus would most definitely be a derivative work. The composer would need to ask permission and share r... |
A business directory listing website scrapped old data for their listings. They use random contact information, personally identifiable information (PII), logos/banners to falsely represent those business listings and individuals.
That directory listing website presents itself as a self submission service but those... |
What kind of legal actions can we take for website that doesn't remove PII upon requests? |
What legal actions can we take for website that doesn't remove PII upon requests? |
A business directory listing website scrapped old data for their listings. They use random contact information, personally identifiable information (PII), logos/banners to falsely represent those business listings and individuals.
That directory listing website presents itself as a self submission service but those... |
In the United States, must state courts follow rulings by federal courts of appeal? |
Must state courts follow rulings by federal courts of appeals? |
The near-consensus is that they need not. State courts are coordinate and coequal with the federal courts on matters of federal law. Only United States Supreme Court precedent binds state courts on matters of federal law. And state courts are supreme on matters of state law.
This is summarized by [Wayne A. Logan][1]... |
The near-consensus is that state courts need not follow the rulings by federal courts of appeal. State courts are coordinate and coequal with the federal courts on matters of federal law. Only United States Supreme Court precedent binds state courts on matters of federal law. And state courts are supreme on matters of ... |
The near-consensus is that state courts need not follow the rulings by federal courts of appeal. State courts are coordinate and coequal with the federal courts on matters of federal law. Only United States Supreme Court precedent binds state courts on matters of federal law. And state courts are supreme on matters of ... |
The near-consensus is that state courts need not follow the rulings by federal courts of appeal. State courts are coordinate and coequal with the federal courts on matters of federal law. Only United States Supreme Court precedent binds state courts on matters of federal law. And state courts are supreme on matters of ... |
Under [s 51][51](xxi) of the Constitution, the Commonwealth Parliament has the power to legislate with respect to marriage. Thus, most substantive Australian family law is set out in the [*Family Law Act 1975*][fla] (Cth).
However, the federal government relies on [referred powers][xxxvii] to apply family law to un... |
Which courts exercise family law jurisdiction in Australia? |
Is it legal to use a friend's online gambling account with their consent? |
In the United States, must state courts follow rulings by federal courts of appeals? |
In the United States, must state courts follow rulings by federal courts of appeals? |
What is the debate on Judiciary vs State Legislature on the final authority on what an election re-districting map should be for the following 10 years after the latest census report? |
> Under what circumstances could either A or B seek to recover any payments made to C by B?
Your rationale about [non-]recovery by A is accurate. It appears that the closest A can get to that is to agree with B to modify the contract in a way that complies with section (2) of the [Contracts (Rights of Third Parties)... |
Since you don't present alternatives to the division of the federal judiciary into circuits, I will consider the options that I can envision and which are undoubtably within the power of Congress to make happen:
1. simply having all appeals from federal district trial courts go directly to the Supreme Court of the Uni... |
### Widely accepted answer: no, state courts are not bound by circuit precedent
The near-consensus is that state courts need not follow the rulings by federal courts of appeal.<sup>1</sup> State courts are coordinate and coequal with the lower federal courts on matters of federal law.<sup>2</sup> Only United States ... |
### Widely accepted answer: no, state courts are not bound by circuit precedent
The near-consensus is that state courts need not follow the rulings by federal courts of appeal.<sup>1</sup> State courts are coordinate and coequal with the lower federal courts on matters of federal law.<sup>2</sup> Only United States ... |
### Widely accepted answer: no, state courts are not bound by circuit precedent
The near-consensus is that state courts need not follow the rulings by federal courts of appeal.<sup>1</sup> State courts are coordinate and coequal with the lower federal courts on matters of federal law.<sup>2</sup> Only United States ... |
[tag:washington]
It is **not** [fraud][1] (version 1). That crime is limited to a set of specific acts: forgery, obtaining a signature by duress, impersonation, false certification (about legal documents), mental health advance directives, and academic credentials. Version 2 of [fraud][2] (criminal statutes were spl... |
(context of the question is the UK but it may be relevant to other jurisdictions too)
I’m aware that under AML regulations, companies are expected to identify their customers and verify their identity: https://www.legislation.gov.uk/uksi/2017/692/part/3#regulation-28-2-a, and while it’s not explicitly stated there t... |
Using virtual address for residential address with financial companies? |
I am reading through my textbook and I am interested in the concept of insanity. First the rules of an insanity plea:
> To successfully plead insanity, it must be clearly proved that at the time of committing the act the defendant D was labouring under such a defect of reason, from disease of the mind, so as not to ... |
Which law has been memorized by the most people? The only ones I have memorized are Constitutional amendments.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free excersize thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to a... |
What is the most memorized law? |
Which law has been memorized by the most people? The only ones I have memorized are Constitutional amendments.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free excersize thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to a... |
Which law has been memorized by the most people? The only ones I have memorized are Constitutional amendments.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free excersize thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to a... |
### Widely accepted answer: no, state courts are not bound by circuit precedent
The near-consensus is that state courts need not follow the rulings by federal courts of appeal.<sup>1</sup> State courts are coordinate and coequal with the lower federal courts on matters of federal law.<sup>2</sup> Only United States ... |
Which law, excluding religious commands, has been memorized by the most people? The only ones I have memorized are Constitutional amendments.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free excersize thereof, or abridging the freedom of speech, or of the press, or the rig... |
Which codified law, excluding religious commands, has been memorized word-for-word by the most people? The only ones I have memorized are Constitutional amendments.
"Congress shall make no law respecting an establishment of religion, or prohibiting the free excersize thereof, or abridging the freedom of speech, or o... |
### Widely accepted answer: no, state courts are not bound by circuit precedent
The near-consensus is that state courts need not follow the rulings by federal courts of appeal.<sup>1</sup> State courts are coordinate and coequal with the lower federal courts on matters of federal law.<sup>2</sup> Only United States ... |
There are two scenarios where it appears the consideration of the validity of a constitutional amendment would previously require a ruling that it is unconstitutional.
**Scenario 1**: the amendment is kinda similar to the [eleventh amendment][1], and it prevents the judicial system from challenging the constitutiona... |
Say there is an image or diagram I want to use from a website. I request permission to use said image. They never respond. Can I use that image in a book I'm writing?
Or do I even need permission if there is no copyright information on the website nor on the image itself? Can I just list the image's website in the ... |
What to do if I request permission to use an image (not creative commons) from a website for a book and the owner does not respond? |
Say there is an image or diagram I want to use from a website. I request permission to use said image. They never respond. Can I use that image in a book I'm writing?
Or do I even need permission if there is no copyright information on the website nor on the image itself? Can I just list the image's website in the ... |
Imagine that the police entered someone's home completely randomly without proper authorization and searched every corner of the house. By chance, they stumbled upon a murder scene. In this situation, would the evidence they collected be allowed to be used in court?
Would the judicial system overlook the police's vi... |
What happens if the police discover evidence of a crime but did not have the proper warrants beforehand? |
Suppose an employer hires an employee for exactly one year and terminates the employee after the year is over. During the year the contract was in effect, their relationship was governed by an arbitration agreement.
After the employee is terminated (and after the contract governing their relationship expired) the em... |
Is a Lawsuit Brought by an Employee After Expiration/Termination of Contract Subject to Arbitration in NJ? |
[Here's a 2002 law review article by MP Henderson](https://journals.iupui.edu/index.php/iiclr/article/view/17763/17946) that does a rundown of ineffective assistance of counsel standards and precedents in both the UK and US (and also details shortcomings and inconsistencies in both, which is the true focus of the artic... |
Suppose an employer hires an employee for exactly one year and terminates the employee after the year is over. During the year the contract was in effect, their relationship was governed by an arbitration agreement.
After the employee is terminated (and after the contract governing their relationship expired) the em... |
The [Sentencing Council][1] website explains how long an offender would spend in prison. I was interested in the first part of the below paragraph, which forms part of my question further down.
> For some serious violent or sexual offences where the sentence is 7
> years or more the offender will be released at the... |
Sentencing guidelines - released after half or two thirds? |
The [Sentencing Council][1] website explains how long an offender would spend in prison. I was interested in the first part of the below paragraph.
> For some serious violent or sexual offences where the sentence is 7
> years or more the offender will be released at the two-thirds point.
> For terrorism offences t... |
Suppose an employer hires an employee for exactly one year and terminates the employee after the year is over. During the year the contract was in effect, their relationship was governed by an arbitration agreement.
After the employee is terminated (and after the contract governing their relationship expired) the em... |
> In this situation, would the evidence they collected be allowed to be used in court?
As [Jen explains](https://law.stackexchange.com/a/87131/333), generally not.
> Would the judicial system overlook the police's violation of protocol?
No.
> Would they dismiss the entire case out of a strict adherence to p... |
If I want to form my LLC in a state like Nevada or Wyoming because of the stronger protections, but I live in Florida will I have to foreign file in Florida because I'm uploading YouTube videos from florida?
Or is that that not really enough for them to say I'm operating in florida? |
Can the LLC for a YouTube channel be formed in any us state? |
Is it just a penalty from the state? Or do you lose your limited liability protections? |
What happens if you don't foreign file your LLC in a state that you're operating in? |
Could non-disclosure agreements prevent criminals from snitching on each other, or to prevent legally obtaining proof of illegal operations?
I have two similar scenarios in mind:
1. A group of bank robbers sign NDA-s to each other, so that if one gets caught, their testimony will be inadmissible due to being "fruit... |
Can NDA-s be used to abuse the "Fruit of the poisonous tree" doctrine? |
According to British common law, can prophet Mohammad be called a pedophile and can he be prosecuted in the British or EU court? |
What is the legal definition of a pedophile? |
According to British common law, or EU law, can prophet Mohammad be called a pedophile and can he be prosecuted posthumously in the British or EU court? |
According to British common law, or EU law, can prophet Mohammad be called a pedophile and can he be prosecuted posthumously in the British or EU court?
Note: this is not a troll question. I want to know the legal status of prophet Mohammad called a pedophile.
I want to know, the people who call him a pedophi... |
Can an Employer Enforce Arbitration After the Expiration of a Contract in NJ? |
Can someone be prosecuted posthumously in the British or EU courts for alleged sexual offences committed many centuries ago?
|
Can someone be prosecuted posthumously? |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
The relevant sexual offences are listed at [Part 2, Schedule15](https://www.legislation.gov.uk/ukpga/2003/44/schedule/15/part/2?timeline=false) Criminal Justice Act 2003 which includes:
> 103 An offence under [section 2 of that Act](https://www.legislation.gov.uk/ukpga/2003/42/section/2?timeline=false) (assault by p... |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
The [Sentencing Council][1] website explains how long an offender would spend in prison. I was interested in the first part of the below paragraph.
> For some serious violent or sexual offences where the sentence is 7 years or more the offender will be released at the two-thirds point. For terrorism offences the rel... |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
[tag:united-states]
Someone cannot be criminally prosecuted posthumously in the United States. Indeed, even a prosecution commenced while someone was alive will be dismissed upon the death of the defendant if the prosecution or direct appeals from a conviction challenging the conviction are still pending at the time... |
The relevant sexual offences are listed at [Part 2, Schedule15](https://www.legislation.gov.uk/ukpga/2003/44/schedule/15/part/2?timeline=false) Criminal Justice Act 2003 which includes:
> 103 An offence under [section 2 of that Act](https://www.legislation.gov.uk/ukpga/2003/42/section/2?timeline=false) (assault by p... |
Suppose you are a moderator of a social media website such as Reddit, or something in the Stack Exchange network, or similar.
Users can report inappropriate, abusive, or illegal content. For example, child pornography. As a moderator, you receive such a report report and view the indecent images. Are you then breaki... |
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