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Is it illegal? Of course. It's tantamount to software piracy. Is anyone going to stop you? No. Even if you walked up to your local police officer and showed him what you are doing, and explained the criminality of the whole operation, his most likely response is to shrug and tell you to quit bothering him with no...
> Employed services of 'architect' but found the person is not an architect, can I cancel contract? (UK) Yes, you are entitled to rescind the contract. In terms of the [Restatement (Second) of Contracts][1] at §153 (US law), your *basic assumption* was the *belief* that that person is an architect. That belief is...
If Alice hires Bob to do architectural work, and she repeatedly refers to him as an architect and he does not correct her, and he uses the phrase "architectural work" (although he never actually calls himself an architect), then Alice discovers he is not a registered architect, can Alice rescind the contract, or is she...
In the US, it is typical for patients to sign contracts with a medical office assigning whatever benefits are applicable from their health insurance to the doctor's office and leaving the patient financially responsible for what is left unpaid. Is there a minimum standard for doctor's offices to actually complete t...
What is the duty of a medical office to properly bill one's insurance? (USA)
In terms of your contract with the doctor, there is probably no contractual obligation for the doctor to submit anything to the insurance company. You can read your contract (if you ask for it, though the written contract is usually fairly minimal, and don't generally constitute a full-blown contract ([example][1]). Th...
I have asked my lawyer to withdraw from my case and stop communications to and from opposing counsel due to a clear lack of communication on my lawyers end. She has since sent her notice of withdrawal and my notice of appearance with the court however opposing counsel continues to send communications to my lawyer as...
Can my lawyer charge fees after termination?
I have a very unique and interesting theoretical debate I’m trying to find the answer to. Suppose that I am accused and found guilty of murder of a person (ex. Bob). I serve my time for the murder and am released from imprisonment. Suddenly, Bob is found alive (therefore I didn’t murder him). At this point, I’ve done m...
[tag:canada] > Or would I still be charged with his murder since it’s a different criminal instance? Yes, this is the correct intuition. Different instance/wrong; different basis for the charge; not precluded by double-jeopardy. In Canada, the term of art is *autrefois convict*. Section 609 of the *Criminal Co...
[tag:canada] > Or would I still be charged with his murder since it’s a different criminal instance? Yes, this is the correct intuition. Different instance/wrong; different basis for the charge; not precluded by double-jeopardy. In Canada, the term of art is *autrefois convict*. Section 609 of the *Criminal Co...
Defendant A is deemed not liable in a suit in light of the facts of the case, fact A, B and C for damages at appeals, but the opinion of the U.S. Court of Appeals for the N<sup>th</sup> Circuit is officially published not for publication. SCOTUS denies certification for certiorari. Defendant B is sued after the opin...
How is the practice of non-publication of appeal-court opinions of states and the U.S. not in violation of the Fifth and Fourteenth Amendment?
Is it possible to try the Bush admin for the Iraq debacle because the Bush admin lied and invaded Iraq based on false premises of WMD, and millions of people died as a result? Please tell me about US federal law and the practical barriers to trying them.
Is it possible to try the Bush administration for the Iraq debacle?
Defendant A is deemed not liable in a suit in light of the facts of the case, fact A, B and C for damages at appeals, but the opinion of the U.S. Court of Appeals for the N<sup>th</sup> Circuit is officially published not for publication. SCOTUS denies certification for certiorari. Defendant B is sued after the opin...
If Alice hires Bob to do architectural work, and she repeatedly refers to him as an architect and he does not correct her, and Bob uses the phrase "architectural work" (although he never actually calls himself an architect), then Alice discovers he is not a registered architect, can Alice rescind the contract, or is sh...
## Facts * You were convicted for the death of Bob that happened on YYYY-MM-DD * Your sentence is not for life or a death sentence * You are released from prison and have *served your time* * You meet Bob and stab him to death on ZZZZ-MM-DD ## Double jeopardy? After your new arrest your lawyer attempts double je...
This is the premise of the movie Double Jeopardy (1999), and it has already been debunked by Alan Dershowitz (among others): > Mr. DERSHOWITZ: No. It wouldn't work at all. Look, any lawyer could make the argument--25 years ago, I appealed a case and I actually won it. A guy tried to shoot somebody who he thought was...
Alice hires Bob to do architectural work and refers to him as an architect once verbally and once in writing. Bob does not correct her. Bob never actually calls himself an architect nor advertises himself as one but does use phrases such as "here is a quote for the architectural work". On the quote Bob writes his ...
After employing the services of an 'architect' then later finding they are not a registered architect, can the contract be cancelled? (UK)
Is it possible to try Colin Powell for the Iraq debacle because he lied about WMD and that helped the Bush admin to invade Iraq based on false premises of WMD, and millions of people died as a result? Please tell me about US federal law and the practical barriers to trying them. [![enter image description here]...
Is it possible to try Colin Powell for the Iraq debacle?
Is it possible to try Colin Powell for the Iraq debacle because he lied about WMD and that helped the Bush admin to invade Iraq based on false premises of WMD, and millions of people died as a result? Please tell me about US federal law and the practical barriers to trying them.
It has been in the news recently that Alex Jones has resorted to the tried and true strategy of having someone else hold his assets while he goes bankrupt. The problem with this strategy is that lawmakers and courts are aware of it, and there is a process called "clawing back" that is used to reclaim such property. ...
Is it possible to claw back assets multiple steps removed from a bankruptcy?
Driving licences issued by the EEA-countries display the place of birth of the license holder. Why this information is so important that it needs to be on the driving license? I've tried to research this topic but all answers boil down to the fact that the directive requires it. No answers are given to *why* the di...
Why place of birth is shown on European driving licences?
[Driving licences](https://en.wikipedia.org/wiki/European_driving_licence) issued by the [EEA-countries](https://en.wikipedia.org/wiki/European_Economic_Area) display the [place of birth][1] of the license holder. Why this information is so important that it needs to be on the driving license? I've tried to researc...
> can my lawyer legally charge me for “reading” communication between counsel before she is recognized as withdrawn from representation even though I have asked her stop communication with opposing counsel and withdraw? No, except where withdrawal itself requires court authorization. See this [example of a rule][1] ...
The document [2003/0252 (COD)][1] provides background discussion of rationale for an earlier version of the regulation. Two important considerations regarding the EU licensing scheme are underscored: the desideratum of unique identification, and fraud prevention. The rationale relates to safety – they want to know whet...
If a party to a contract has made a misrepresentation (including by omission), but not fraudulent misrepresentation, is this sufficient to *entitle* the innocent party to rescind the contract? Is it entirely within the innocent party's power to void the contract by their own election? Or, is rescission as a remedy f...
In the U.K., is rescission due to mere misrepresentation an entitlement? Or is it a discretionary equitable remedy?
In legal systems descending from English law, the term *equity* refers to an aspect those legal systems that has origins distinct from positive law and traditional common-law writs. Equity traces its origin to the Court of Chancery. Much of what follows can be found in [*Snell's Equity*](https://www.worldcat.org/en/tit...
In legal systems descending from English law, the term *equity* refers to an aspect those legal systems that has origins distinct from positive law and traditional common-law writs. Equity traces its origin to the Court of Chancery. Much of what follows can be found in [*Snell's Equity*](https://www.worldcat.org/en/tit...
If a party to a contract has made a misrepresentation (including by omission), but not fraudulent misrepresentation, is this sufficient to *entitle* the innocent party to rescind the contract? Is it entirely within the innocent party's power to void the contract by their own election? Or, is rescission as a remedy f...
In legal systems descending from English law, the term *equity* refers to an aspect of those legal systems that has origins distinct from positive law and the traditional common-law writs. Equity traces its origin to the Court of Chancery. Much of what follows can be found in [*Snell's Equity*](https://www.worldcat.org...
There are some different laws surrounding Chicago and Cook County's handgun magazines. Here is Cook County's [law regulating handguns](https://library.municode.com/il/cook_county/codes/code_of_ordinances?nodeId=PTIGEOR_CH54LIPEMIBURE_ARTIIIDEWEDE_DIV4BLHOASWEBA_S54-212ASWELAPAMASAPREX) Here is [Chicago's law reg...
Are extended magazines legal in chicago/cook county for ccw holders?
If a party to a contract has made a misrepresentation (including by omission), but not fraudulent misrepresentation, is this sufficient to *entitle* the innocent party to rescind the contract? Is it entirely within the innocent party's power to void the contract by their own election, as a *common law right*. Or, is...
When a customer or employee goes to mandated arbitration, the arbitrator is paid by the defendant; the arbitrator, or a body that picks the arbitrator, is also chosen by the defendant. I have seen it said that they more often rule in favor of the defendant, but apparently they also occasionally rule in favor of the...
What incentive does an arbitrator in retail or legal cases have to rule for the plaintiff?
### Common law rescission and equitable rescission are distinct Rescission is available at common law and may require no court order to have effect. "To the extent that right to rescind is a form of 'self-help'... no court order may be required, as where a claimant rescinds a contract of sale at common law then reca...
### Common law rescission and equitable rescission are distinct Rescission is available at common law and may require no court order to have effect. "To the extent that right to rescind is a form of 'self-help'... no court order may be required, as where a claimant rescinds a contract of sale at common law then reca...
If a party to a contract has made a misrepresentation (including by omission), but not fraudulent misrepresentation, is this sufficient to *entitle* the innocent party to rescind the contract? Is it entirely within the innocent party's power to void the contract by their own election, as a *common law right*. Or, is...
What is the standard of proof for violations of 47 CFR 97, the amateur (ham) radio regulations? Is it preponderance of the evidence or beyond reasonable doubt?
What is the standard of proof for violations of the amateur radio regulations?
In france, there are some circumstances apparently called "partie civile" where there's three different parties represented in court : the republic's prosecutor (procureur de la république), the plaintiff, and the accused. Each can apparently get nearly as much air time, and each can ask a different verdict to the cour...
A [Congressional Research article](https://crsreports.congress.gov/product/pdf/LSB/LSB10569#page=3) provides insight into the meaning of *insurrection* in the context of US federal law. >The U.S. Constitution does not define *insurrection* or *rebellion*. Article 1, Section 8, clause 15, of the U.S. Constitution doe...
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?
Rules established by parliaments to govern their internal discipline usually imply reductions of financial allowances on members, banning them from the parliament's grounds for a set period of time, or even expelling them in some countries and/or parliaments. These sanctions may usually be decided by a presiding office...
This comes down to the concept of sovereignty. In parliamentary republics, sovereignty rests in the "People with a capital P" as represented by the parliament in accordance with the constitution. The parliament gets to select the executive and to organize the judicative. So if the parliament meets and passes a "regulat...
I have recently had a discussion with a German who claims that Nuremberg trials were entirely based on ex-post-facto laws, and all the atrocities Nazis did were legal according Germany's and international laws of the time. His arguments are quite erratic and self-contradictory. They are as follows: * *Only citizens...
I am thinking about developing a free Pokedex App with pokémon information (pokémon data and images) for Android, but I do not want to infringe any copyright or use trademarks because I want no trouble. Using pokémon sprites and data from a free wiki, for example [bulbapedia][1] would be OK? If not, what advices cou...
How to avoid infringing copyrights from Nintendo?
[tag:canada] [*House of Commons Procedure and Practice*: Privileges and Immunities: Power to Discipline][1]: > Whether it is against its own Members, staff or “strangers”, the House has the power to discipline whoever is guilty of a misconduct, which it considers to amount to a breach of privilege or contempt. Ar...
How to not infringe copyrights from Nintendo?
If an artist draws a picture of some famous political figure, who owns the copyright to that image/drawing - the artist or the political figure in the drawing? What if the artist drew a picture of the political figure in a famous setting (such as a president by his inaugural address) - does that effect anything? ...
Who own the copyright - the artist or the person in the drawing?
[Driving licences](https://en.wikipedia.org/wiki/European_driving_licence) issued by the [EEA-countries](https://en.wikipedia.org/wiki/European_Economic_Area) display the [place of birth][1] of the license holder. Why is this information so important that it needs to be on the driving license? I've tried to researc...
Why is place of birth shown on European driving licences?
Who own the copyright - the artist or the subject in the drawing?
According to the accepted response in [this question][1], when one hires a freelancer, the freelancer owns the copyright to whatever work they produce. Be it a logo, painting or custom code - unless the copyright is explicitly transferred to the buyer via a valid contract. If one wants to own the copyright to a given w...
Easiest Way to Retain Copyright When Hiring on Fiverr or Freelancer?
According to the accepted response in [this question][1], when one hires a freelancer, the freelancer owns the copyright to whatever work they produce. Be it a logo, painting or custom code - unless the copyright is explicitly transferred to the buyer via a valid contract. If one wants to own the copyright to a given w...
According to [this answer][1], criminal copyright requires at least $1,000 of copied work within a 6 months period: > An element of criminal copyright infringement, a minimum amount of > copying. I believe the US statute specifies at least $1,000 worth of > copied works within a 6-month period, but by policy the D...
A [Congressional Research article](https://crsreports.congress.gov/product/pdf/LSB/LSB10569#page=3) provides insight into the meaning of *insurrection* in the context of US federal law. >The U.S. Constitution does not define *insurrection* or *rebellion*. Article 1, Section 8, clause 15, of the U.S. Constitution doe...
Criminal copyright infringement is defined at [17 U.S.C. § 506(a)(1)][1]. It is established when the infringement was committed: > (A) for purposes of commercial advantage or private financial gain; > > (B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more ...
According to the accepted response in [this question][1], when one hires a freelancer, the freelancer owns the copyright to whatever work they produce, unless the copyright is explicitly transferred to the buyer via a valid contract. If one wants to own the copyright to a given work and does not want to go through the ...
Easiest way for buyer to obtain copyright when hiring on Fiverr or Freelancer.com?
The President of the United States may [veto][1], i.e. return a bill passed by the Congress within 10 days (excluding Sundays) after it was presented to him. The term of the Congress begins and ends on January 3rd and lasts 2 years. For example, the term of the current 117th Congress began on January 3, 2021 and will e...
What happens to a bill vetoed by the president after the end of the Congress?
This is a [frequently asked question at the Library of Congress][1]: > If a bill from any Congress does not become law during the Congress in which it is introduced, it is considered “dead.” For a “dead” bill to be enacted in a new Congress, it would have to be reintroduced with a new number and begin anew its jour...
Which country has the most lenient copyright laws? If an individual registers an LLC or S Corp in a country with lenient copyright laws and lives in a country that takes copyright more seriously, which country has jurisdiction over that individual - the country where the LLC is registered or the country where the pe...
Which country has the most lenient copyright laws?
Can Pepsi display Coke's logo on it's website for comparison sake? For example, tastes just like coke - with the coke logo next to it? I'm assuming this is permitted due to [the fair / nominative use doctrine][1], but would it still be permitted if Pepsi chose to display Coke's logo in a much larger size than its own l...
Can Pepsi use Coke's logo to advertise its own product on its website?
Day by day they bring out new cards, I wonder if someday the royalties will end and if so when approximately?
Will the YU-GI-OH! card copyright ever end?
Obviously, most of what follows is specific to [tag:france]. General considerations --- In [tag:common-law] countries, civil liability follows from a specific legal theory. One has to state one’s legal theory (for instance: breach of contract), and then prove each of the various elements of that theory. In Fr...
This is a [frequently asked question at the Library of Congress][1]: > If a bill from any Congress does not become law during the Congress in which it is introduced, it is considered “dead.” For a “dead” bill to be enacted in a new Congress, it would have to be reintroduced with a new number and begin anew its jour...
This is a [frequently asked question at the Library of Congress][1]: > If a bill from any Congress does not become law during the Congress in which it is introduced, it is considered “dead.” For a “dead” bill to be enacted in a new Congress, it would have to be reintroduced with a new number and begin anew its jour...
The veto aspect of the scenario is a red herring. All bills not passed into law by the end of a Congress die (subject to a small 10-day window for approval by a President). This is a [frequently asked question at the Library of Congress][1]: > If a bill from any Congress does not become law during the Congress in...
In the United States, what is the threshold for "originality" in order to have copyright protection? [17 U.S.C. § 102][1] says that copyright protection subsists "in original works of authorship...". How original does the work need to be? [1]: https://www.copyright.gov/title17/92chap1.html#102
In the United States, what is the threshold for "originality" in order to have copyright protection?
### Originality requires independent creation plus a *modicum of creativity* This was answered in *Feist Publications, Inc. v. Rural Telephone Service Co.*, Inc., [499 U.S. 340][1] (1991): > originality requires *independent creation* plus a *modicum of creativity*. > Original, as the term is used in copyright...
### Originality requires independent creation plus a *modicum of creativity* This was answered in *Feist Publications, Inc. v. Rural Telephone Service Co.*, Inc., [499 U.S. 340][1] (1991): > originality requires *independent creation* plus a *modicum of creativity*. > Original, as the term is used in copyright...
Not double jeopardy, the man will have pleaded to having killing someone on a particular date (or possibly date range) in a particular manner for a particular reason. That will be the crime he was in jeopardy for and that jeopardy will be over. Let’s take a look at a slightly different scenario, the man is a seri...
### Originality requires independent creation plus a *modicum of creativity* This was answered in *Feist Publications, Inc. v. Rural Telephone Service Co.*, Inc., [499 U.S. 340][1] (1991): > originality requires *independent creation* plus a *modicum of creativity*. > Original, as the term is used in copyright...
> Is this an unconstitutional ex post facto law? Yes. Past actions were lawful, and they can’t be made unlawful simply because there is irrefutable evidence that they happened. I think you’d actually face the same problem with actions for which the statue of limitations has expired. You can’t punish them today ...
There are criminals creating hundreds of Facebook accounts for identity theft and other scams.  Besides the illegality of the scams themselves, most of these masquerade as someone else.  Both actions are not only illegal but in obvious violation of Facebook's published policies.  Yet when reported to Facebook, they ALW...
Is Facebook liable when they fail to remove illegal postings?
### Originality requires independent creation plus a *modicum of creativity* This was answered in *Feist Publications, Inc. v. Rural Telephone Service Co.*, Inc., [499 U.S. 340][1] (1991): > originality requires *independent creation* plus a *modicum of creativity*. > Original, as the term is used in copyright...
If I found a bank that let me have 11.8 million other (non spouse) people on it and put $1 in that account would I be liable for paying gift tax? This is a "reductio ad absurdum" of the fact that joint accounts are considered "gifts" for the purposes of the gift tax.
I’m sorry but I like international law and consortiums exclusion right to ownership generally, so I would like that sort of answer to: *How does copyright over **online** content that is not behind paywalled content work?* Do people get some ability to share paywalled content? By the by, am I not hiring anyone by payin...
How does copyright over content that is not behind paywalled content work?
Is it legal for a property management company to require a convenience fee for every type of payment they accept, or must they accept some form of payment that costs nothing extra? It seems to me that the lease stipulates a contracted total amount of monthly payments, and requiring an additional fee to pay it effectiv...
Is a mandatory fee added to paying one's lease legal?
I have recently had a discussion with a German who claims that Nuremberg trials were entirely based on ex-post-facto laws, and all the atrocities Nazis did were legal according to the Germany's and international laws of the time. His arguments are quite erratic and self-contradictory. They are as follows: * *Only c...
> In the legal system, it is bad for a judge's career to be overruled > too often on appeal. An arbitrator can in some cases be overruled by a > follow-up lawsuit. Is this their incentive? No. It is virtually impossible to appeal an arbitration award on the merits. It is also next to impossible, absent an outr...