instruction
stringlengths
15
30k
> Are the monetary donations collected by the recipient subject to > federal taxation according to IRS law? **Yes.** Usually, money received from an activity from third-parties with no personal relationship to you (assuming that "you" are not a tax exempt organization), are taxable income under [Section 61][1] ...
# Short Answer Barring facts discussed below which aren't assumed to be present in the question, a barter of goods in international waters between people from different countries is legal. But, lurking in this question appears to be one or more misperceptions about the legal consequences of this transaction. The ...
I first want to say that I know very little about international trading rules and regulations. I am curious to know if it is legal for a private citizen from one nation to barter for things with another private citizen from another nation in international waters. Say for example that there is a man from America who...
[Part 3 of the Equality Act][1] is the Part that applies to the provision of services to the public, which includes "the provision of goods." This Part prohibits service providers from discriminating as to the terms on which a provider provides the goods to the customer. Indirect discrimination is defined at [Sectio...
The July 2022 Bar Exam of California includes the following as **the fact pattern of Question 1:** "Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located in Sunville, a signed offer to purchase 1,000 individually wrapped candles at a price of $10,000, free on board (“FOB”...
Is there any breach of contract in this bar-exam hypothetical? If so, what damages would be expected?
There has been an increase in employees working remotely while abroad, especially during/after COVID. [Sometimes without telling their bosses](https://www.businessinsider.com/meet-remote-workers-secretly-working-abroad-without-boss-knowing-2022-10). Is it legal for US employees to work (for a US company) remotely in an...
Are US employees able to work remotely while abroad?
Washington State used to uphold a 90 day "cooling off" wait for legal separations; now it's only recognized in certain counties. **Do you think the Buecking appellate conclusion removing the 90 day cooling-off period for legal separations is legitimate?** It's a bit of a study to understand this, so this is not...
Is the denial of the Washington State 90 day "cooling off" wait for legal separations illegitimate? (per 26.09.030(d))?
There has been an increase in employees working remotely while abroad, especially during/after COVID. [Sometimes without telling their bosses](https://www.businessinsider.com/meet-remote-workers-secretly-working-abroad-without-boss-knowing-2022-10). Is it legal for US employees to work (for a US company) remotely in an...
> The Korean War, the Vietnam War, Operation Desert Storm, the Afghanistan War of 2001 and the Iraq War - none of them were initiated with an official vote by congress. This is inaccurate. President Truman did break from precedent when he initiated a "police action" (read: not a war) on the Korean peninsula in m...
As I understand, the copyright regulations help non-proliferation of duplication and repetition but nothing to do with profiteering. But can they do justice about "piping" at speeds beyond average human capabilities? "Piping" is just transferring input field entries at a mobile touch screen or terminal to unknown te...
A generic answer will be impossible. Some of the possible pitfalls: - Bring your own device or company-owned hardware? The company might have something to say about taking their hardware abroad. - What software is used? Crypto for VPN? The US has regulations on the export of certain software, which could beco...
## The July 2022 Bar Exam of California includes the following as **the fact pattern of Question 1:** ## "Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located in Sunville, a signed offer to purchase 1,000 individually wrapped candles at a price of $10,000, free on board ...
What breach of contract, if any, is in this bar-exam hypothetical? What damages, if any, would be expected?
**SHORT STATEMENT OF THE QUESTION:** When does a patent begin taking effect, exactly? And if it takes effect BEFORE being officially approved (which seems strange to me), can the patent's author enforce the patent without communicating its content (this would seem to open the door to all kind of abuses)? **BACKGROUN...
Can one enforce a patent while it is only "pending approval"?
**SHORT STATEMENT OF THE QUESTION:** When does a patent begin taking effect, exactly? And if it takes effect BEFORE being officially approved (which seems strange to me), can the patent's author enforce the patent without communicating its content (this would seem to open the door to all kind of abuses)? **BACKGROUN...
## The July 2022 Bar Exam of California includes the following as **the fact pattern of Question 1:** ## > "Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located in Sunville, a signed offer to purchase 1,000 individually wrapped candles at a price of $10,000, free on boar...
## The July 2022 Bar Exam of California includes the following as **the fact pattern of Question 1:** ## "Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located in Sunville, a signed offer to purchase 1,000 individually wrapped candles at a price of $10,000, free on board ...
When does a patent begin taking effect, exactly? And if it takes effect BEFORE being officially approved (which seems strange to me), can the patent's author enforce the patent without communicating its content (this would seem to open the door to all kind of abuses)?
When does a patent begin taking effect, exactly? And if it takes effect BEFORE being officially approved (which seems strange to me), can the patent's author enforce the patent (for example, through demands to cease or negotiate, and filing of complaints with a professional body like the ACM) without communicating ...
As a business expense, Alice initiates a bank transfer to a company on 30 Dec 2022 and the money reaches the company some business days later, in 2023. For U.S. tax purposes - assuming Alice files using the cash basis - can Alice claim the deduction on her 2022 tax return?
> What breach of contract, if any, is in this bar-exam hypothetical? At the outset, there is a minor --yet distracting-- flaw in the hypothetical scenario. It takes some time to discern where the disclaimer about water damage was included: The syntax suggests that the disclaimer was made in the offer (because "*whic...
A plagiarism checker runs into a problem: If my code is protected by copyright, and the plagiarism checker has no license to use my code, how can it check if you plagiarised my code? A plagiarism checker will generally check against easily and legally available materials. For example materials in academia that are ...
The Stark Law and AKS are pretty clear that they only apply to federal/state-funded insurance plans. Under these plans, a doctor giving a gift card to a patient when they refer someone to their practice is likely a no-no. However, it sounds like these limitations don't apply to patients on private insurance, so a d...
Does the Anti-Kickback Statute apply to remunerations when a patient has private insurance?
The [Stark Law][1] (42 U.S.C. § 1395nn) and the [Anti-Kickback Statute][2] (AKS) (42 U.S.C. § 1320a-7b) are pretty clear that they only apply to federal/state-funded insurance plans. Under these plans, a doctor giving a gift card to a patient when they refer someone to their practice is likely a no-no. However, it ...
How to answer this California bar-exam question?
This is a United States question. Let's say that an airbag manufacturer makes deadly airbags (Takata) because of gross incompetence, and someone gets killed because of them. Who's entitled to financial compensation in this case? Children? Parents? Grandparents? SO's? Friends? And how exactly is the payout for each p...
How are payouts determined in civil suits?
> Who's entitled to financial compensation in this case? Children? > Parents? Grandparents? SO's? Friends? Usually, state law in the state where the person who died was domiciled at death specifies who may file a wrongful death lawsuit (and usually it is not the most obvious answer, the probate estate of the deceas...
> Who's entitled to financial compensation in this case? Children? > Parents? Grandparents? SO's? Friends? Usually, state law in the state where the person who died was domiciled at death specifies who may file a wrongful death lawsuit (and usually it is not the most obvious answer, the probate estate of the deceas...
Person A establish a brokerage account with an online brokerage XYZ. He then gives person B authority to trade the account. The XYZ brokerage account gives person A and person B to different user names. Each user name access the account. Person B then uses person's A account to trade the account. Did person B break ...
Is it legal to use somebody elses login to trade a brokage account?
> If someone is incorrectly listed as defendant, then what is the > correct way to remove his name from lawsuit? Should one ask plaintiff > to voluntarily remove him as defendant? Or is it safer for defendant > to file something like "motion to dismiss"? It never hurts to ask to be removed as a defendant. But...
I wrote a game's code for this guy, he has paid half of the agreed amount when the code was delivered, but when the game was published, and I asked for the rest of my payment, he denied and blocked me. The agreement was verbal (discord chat), and I've kept a record of the whole conversation in its original format an...
Bob feels charitable on one fine Sunday morning. He made 50 burgers and wanted to give them free. A few independent examples: 1. Bob distributes the burgers on the street to strangers 2. Bob places the burgers on a public bench and left a sign "FREE" next to the burgers. Bob then left and carry on his day. 3....
Bob feels charitable on one fine Sunday morning. He made 50 burgers and wanted to give them free. A few independent examples: 1. Bob distributes the burgers on the street to strangers 2. Bob places the burgers on a public bench and left a sign "FREE" next to the burgers. Bob then left and carry on his day. 3....
Bob hires vendor A and vendor B independently to work on a project for Bob. The two vendors are not partners, they work independently and do not communicate with each other although they are aware of each other existence. Bob likes to forward emails from one to another without redacting PII or sensitive information...
Can Bob, as the client, share any information about his project in any way he wants?
Are Copyright rules enforced by the authorities currently only to written documents? Are there any regulations on "mind reading" and producing documents elsewhere? How correctly and usefully are the source and publishing office are connected and handled. Do the rules have country-wise variations?
### Are Copyright rules enforced by the authorities currently only to written documents? Copyright is not restricted to written documents. It applies to many kinds of works. In Canada, for example, this includes "literary, dramatic, musical and artistic work" and these include "paintings, drawings, maps, charts, pla...
### Are Copyright rules enforced by the authorities currently only to written documents? Copyright is not restricted to written documents. It applies to many kinds of works. In Canada, for example, this includes "literary, dramatic, musical and artistic work" and these include "paintings, drawings, maps, charts, pla...
### Are Copyright rules enforced by the authorities currently only to written documents? Copyright is not restricted to written documents. It applies to many kinds of works. In Canada, for example, this includes "literary, dramatic, musical and artistic work" and these include "paintings, drawings, maps, charts, pla...
Bob hires vendor A and vendor B independently to work on a project for Bob. The two vendors are not partners, they work independently and do not communicate with each other although they are aware of each other existence. Bob likes to forward emails from one to another without redacting PII or sensitive information...
### Are Copyright rules enforced by the authorities currently only to written documents? Copyright is not restricted to written documents. It applies to many kinds of works. In Canada, for example, this includes "literary, dramatic, musical and artistic work" and these include "paintings, drawings, maps, charts, pla...
### Are Copyright rules enforced by the authorities currently only to written documents? Copyright is not restricted to written documents. It applies to many kinds of works. In Canada, for example, this includes "literary, dramatic, musical and artistic work" and these include "paintings, drawings, maps, charts, pla...
A Buyer signed an instalment agreement. The Seller prematurely terminated the agreement due to their own negligence. The Seller offered the Buyer another instalment agreement however, the terms are different from the initial agreement. The new agreement has stricter conditions and the Buyer felt taken advantage of....
Are customer dissatisfactions and loss of trust enough reasons to terminate a relationship without obligations?
A Buyer signed an instalment agreement. The Seller prematurely terminated the agreement due to their own negligence. The Seller offered the Buyer another instalment agreement however, the terms are different from the initial agreement. The new agreement has stricter conditions and the Buyer felt taken advantage of....
Are customer dissatisfaction and loss of trust enough reasons to terminate a relationship without obligations?
A Buyer signed an instalment agreement. The Seller prematurely terminated the agreement due to their own negligence. The Seller offered the Buyer another instalment agreement however, the terms are different from the initial agreement. The new agreement has stricter conditions and the Buyer felt taken advantage of....
A Buyer signed an instalment agreement. The Seller prematurely terminated the agreement due to their own negligence. The Seller offered the Buyer another instalment agreement however, the terms are different from the initial agreement. The new agreement has stricter conditions and the Buyer felt taken advantage of....
A Buyer signed an instalment agreement. The Seller prematurely terminated the agreement due to their own negligence. The Seller offered the Buyer another instalment agreement however, the terms are different from the initial agreement. The new agreement has stricter conditions and the Buyer felt taken advantage of....
A Canadian person is convicted of a misdemeanour while in Germany. The person gets a criminal record in Germany. Will the information about the conviction be sent to Canada? Will it appear in the Canadian database?
What happens if a Canadian is convicted (misdemeanour)in Europe? Is the Canadian government notified?
Person who is applying for an asylum is not able to work in the US without an Employment Authorization Document (EAD). That person can apply for EAD after 150 days of applying for asylum, and it will be granted after 30 days (total of 180 days) unless the EAD clock is paused for some reason. But everyone who is in ...
Can a person with pending asylum work for foreign company?
Late at night on a street, Alan, dressed up as a horrible ghost, "jump scared" Betty and her brain going blank, she pull out her gun to shoot Alan. After one shot, she realised the ghost was a human being, so she stopped and called an ambulance, but the rescue was not successful. How will Betty be sentenced? I...
Can a person with pending asylum work for foreign (outside of US) company?
I am watching a civil case for a friend and was looking at the online docket. My friend is a third party defendant in counterclaim (was not part of the original lawsuit list of parties). Seems like the plaintiff in the original claim has filed for a motion for dismissal of the counterclaim. My question is if the motion...
> if the motion is granted, will my friend not be part of the case again like before? Or will he still be party to the case? It depends on the scope and details of the court ruling and of the motion to dismiss. If the plaintiff limited his arguments to issues that pertain only to him, the ruling might dismiss only h...
Person who is applying for an asylum is not able to work in the US without an Employment Authorization Document (EAD). That person can apply for EAD after 150 days of applying for asylum, and it will be granted after 30 days (total of 180 days) unless the EAD clock is paused for some reason. But everyone who is in ...
India's sitting PM Narendra Modi was USA's visa ban list for several years for inciting a pogrom in Gujarat in 2002, where around 900 Muslims were murdered. He was removed from the list once he became the PM. What does the US law say about him when he retires? Will he be a natural candidate for a ban again?
Will the PM be back on a blacklist once he retires?
> does the Buyer have the right to not resume the relationship and not be liable for the balanced payment or at least not immediately? There are a few gaps and inconsistencies in your description, which appears to relate to the [linked post][1]. Subject to missing details, (1) the buyer is not entitled to unilateral...
Someone I know is not mentally handicapped but has hard time understanding things and often needs to have private tutoring to grasp a concept. This person is potentially being selected for jury duty. He's terrified he'll have no idea what he is doing or what is happening. I suspect if he is selected someone will have t...
## The July 2022 Bar Exam of California includes the following as *the fact pattern* of Question 1 ## >"Bath Stuff (Bath), a retailer located in Betaville, sent Neat Scents (Scents), an importer located in Sunville, a signed offer to purchase 1,000 individually wrapped candles at a price of $10,000, free on board (“...
Article 2 paragraph 2(f) of the Care and Support (Eligibility Criteria) Regulations 2015 specifies the outcome of maintaining a habitable home environment. What is the definition of ‘habitable’?
What is the definition of a habitable home environment in the care and support eligibility criteria regulations 2015?
Someone I know is not mentally handicapped but has hard time understanding things and often needs to have private tutoring to grasp a concept. This person is potentially being selected for jury duty. He's terrified he'll have no idea what he is doing or what is happening. I suspect if he is selected someone will have t...
India's sitting prime minister Narendra Modi was USA's visa ban list for several years for inciting a pogrom in Gujarat in 2002, where around 900 Muslims were murdered. He was removed from the list once he became the PM. What does the US law say about him when he retires? Will he be a natural candidate for a ban aga...
Will Narendra Modi, the prime minister of India, be back on a US visa blacklist once he retires?
> does the Buyer have the right to not resume the relationship and not be liable for the balanced payment or at least not immediately? There are a few gaps and inconsistencies in your description, which appears to relate to the [linked post][1] in regard to the purchased item (the pay-as-you-go service mentioned the...
## It Depends on the state and court How much mental capacity is required depends on the jurisdiction. In every state, there's a law that describes who has to serve jury duty, and who is exempt, and if a style of dress is prescribed. In the following, I will grab a couple of random states to illustrate, using https:...
The accepted answer is incorrect. Modi was found inadmissible under [8 USC 1182(a)(2)(G)](https://www.law.cornell.edu/uscode/text/8/1182#a_2_G): > (G) **Foreign government officials who have committed particularly severe violations of religious freedom** > > Any alien who, while serving as a foreign government of...
The accepted answer is incorrect. Modi was found inadmissible under [8 USC 1182(a)(2)(G)](https://www.law.cornell.edu/uscode/text/8/1182#a_2_G): > (G) **Foreign government officials who have committed particularly severe violations of religious freedom** > > Any alien who, while serving as a foreign government of...
Person who is applying for an asylum is not able to work in the US without an Employment Authorization Document (EAD). That person can apply for EAD 150 days after applying for asylum, and it will be granted after 30 days (total of 180 days) unless the EAD clock is paused for some reason. But everyone who is in pen...
How is the 'right to life' reconciled with the legal authority of military officers? (to issue orders that will cause deaths)
There are several of such tools that activate Windows without buying a license. Such tools works by emulating a KMS (key management service) server that is used to activate Windows in enterprise envroinments. Are these tools illegal? An example of such tools is KMSPico.
Are Windows activation tools illegal?
[tag:England-and-Wales] A juror can be disqualified from (or excused) jury service if they lack mental capacity under the Mental Capacity Act (2005). > **SCHEDULE 1 - Persons Disqualified for Jury Service;** > > Persons subject to Mental Health Act 1983 or Mental Capacity Act 2005 > (or) > **A person wh...
[tag:England-and-Wales] A juror can be disqualified from (or excused) jury service if they lack mental capacity under the Mental Capacity Act (2005). > **SCHEDULE 1 - Persons Disqualified for Jury Service;** > > Persons subject to Mental Health Act 1983 or Mental Capacity Act 2005 > (or) > **A person wh...
Modi was found inadmissible under [8 USC 1182(a)(2)(G)](https://www.law.cornell.edu/uscode/text/8/1182#a_2_G): > (G) **Foreign government officials who have committed particularly severe violations of religious freedom** > > Any alien who, while serving as a foreign government official, was responsible for or dire...
## It Depends on the state and court How much mental capacity is required depends on the jurisdiction. In every state, there's a law that describes who has to serve jury duty, and who is exempt, and if a style of dress is prescribed. In the following, I will grab a couple of random states to illustrate, using https:...
I have recently been asked to sign an NDA, which appears to be pretty standard, save for 1 clause which jumps out at me and leaves me scratching my head. The NDA starts off naming the parties thus: > CompanyWhoProvidedNDA Ltd ("The Company") > > Recipients Name ("Recipient") The recipient has had no prior r...
Once the State Department makes a determination that a person is an "alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom, as defined in section 6402 of title 22," the person becomes inadmissible to the U...
May the State Department make a redetermination under 8 USC § 1182(a)(2)(G)?
I employed the services of someone who I understood was an architect but have since found out they are not a registered professional. I asked a builder for an architect's number, they gave me a name & number - Bob. I phoned Bob up and said I'm looking for an architect to advise me on design and create drawings. He...
Employed services of 'architect' but found the person is not an architect, can I cancel contract? (UK)
> Employed services of 'architect' but found the person is not an architect, can I cancel contract? (UK) Yes, you can. In terms of the [Restatement (Second) of Contracts][1] at §153, your basic assumption was the understanding that that person is an architect, and he knowingly failed to make the pertinent clarificat...
This question is the reverse of https://law.stackexchange.com/q/68071/765. In an answer to that question, it is said that states do not have sovereign immunity from the United States since the United States is a "superior sovereign". What about when a state brings suit against the federal government? In particular, ...
To what extent does the United States government have sovereign immunity from state governments?
Suppose a new law was passed in a US state banning jaywalking, which was not previously illegal in this state. (That's just a random example; the particular offense is not relevant.) It is common for laws to increase penalties for repeated violations. For example, this jaywalking law might specify a $50 fine for a f...
Would a law that increased penalties for actions taken before its passage be considered ex post facto?
In 50/50 custody you have the right to stand your ground to ensure the safety and well being of your children. You do not need to involve police unless it is an emergency. "911 Operator, what is the emergency". Only call them when you feel your children are in grave danger. For example, you know for sure that the other...
Do churches in the US have any special legal protections beyond that which a 501(c)(3) would have? Religious organizations tend to have some immunities in the US, so I'm wondering what, if anything, carries. Tax stuff, maybe? I think there's a ?myth? about that states that searching a church is illegal?
Legal advantages of making a nonprofit into a church?