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How is discrimination by an employer litigated in the United States? |
Legislation.gov.uk has up to date copies of many laws as they are most recently amended, but not of the Housing Act 2004. Where can an up to date version of this law be found online or in person? |
I don't know where you looked, but the [Housing Act 2004](https://www.legislation.gov.uk/ukpga/2004/34/contents) on legislation.gov.uk is up to date according to its header:
> [the] Housing Act 2004 is up to date with all changes known to be in force on or before 12 January 2023. There are changes that may be brou... |
This is a hypothetical situation for a potential story.
Let's say Bob is a minor whose parents have already pre-paid for him to attend a religious summer camp as daycare for the entirety of summer. Unfortunately, due to some assorted disagreements with the owners of the camp, Bob is no longer comfortable attending ... |
Would a summer camp responsible for caring for a child have any alternative other than refunding money if child intentionally misbehaves? |
Where can one find an up to date copy of sections 212-215 of the Housing Act 2004? |
If two parties sign an agreement and one party can prove that the other party did not demand that the terms be enforced when it could have, can the other party argue that the entire contract is void and unenforceable either because it is clearly fabricated or because the parties never intended to enforce it in the firs... |
Does a contract become null and void if some or all of its terms are not enforced by one of the parties? |
I don't know where you looked, but the [Housing Act 2004](https://www.legislation.gov.uk/ukpga/2004/34/contents) on legislation.gov.uk is up to date according to its header:
> [the] Housing Act 2004 is up to date with all changes known to be in force on or before 12 January 2023. There are changes that may be brou... |
If two parties sign an agreement and one party can prove that the other party did not demand that the terms be enforced when it could have, can the other party argue that the entire contract is void and unenforceable because the parties never intended to enforce it in the first place or due to waiver?
For example, ... |
Does a contract become null and void if some or most of its terms were not enforced by one (or both) of the parties? |
If two parties sign an agreement and one party can prove that the other party did not demand that the terms be enforced when it could have, can the other party argue that the entire contract is void and unenforceable because the parties never intended to enforce it in the first place or due to waiver?
For example, ... |
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via **1**) federal question jurisdiction or **2**) diversity jurisdiction.
Federal question jurisdiction arises from 28 USC 1331 which provides that federal... |
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via **1**) federal question jurisdiction or **2**) diversity jurisdiction.
Federal question jurisdiction arises from 28 USC 1331 which provides that federal... |
Accordingly myriad materials online including as authoritative as shelter, section 214 claims must be brought under the part 8 procedure, even where the maximum possible award would fall well within the threshold for the small claims track. What is the purpose of the part 8 claim procedure, and why must s214 claims use... |
Why can’t claims under s214 Housing Act 2004 be issued in the small claims track? |
Does a contract become null and void if some or most of its terms were not followed by one (or both) of the parties? |
Is it possible (legal) to be employed in two jobs (full time) in two different European countries at the same time?
Secondly, is it possible to have work permits of two countries simultaneously being a non-EU citizen? For e.g. now when I have started working in Netherlands and applied for a residence permit here wil... |
> Does a contract become null and void if some or most of its terms were not followed by one (or both) of the parties?
No. Parties' temporary or systematic waiver of their contractual rights does not alter the validity or terms of that contract. Parties entitled to resume enforcement of their rights anytime. A party... |
Party A sues Party B in court for $10,000 due to breach of contract. Party B denies the claim and holds that Party A owes them $5,000 due to breach of the same contract.
Can Party B counter sue Party A during the same court case or is Party B required to file a separate lawsuit against Party A for the counter suit? |
Counter suing in the same lawsuit? |
Party A sues Party B in court for $10,000 due to breach of contract. Party B denies the claim and holds that Party A owes them $5,000 due to breach of the same contract.
Can Party B counter sue Party A during the same court case or is Party B required to file a separate lawsuit against Party A for the counter suit?
... |
> Can Party B counter sue Party A during the same court case or is Party B required to file a separate lawsuit against Party A for the counter suit?
Party B should countersue. In fact, filing a separate suit is most likely to get consolidated with the court proceedings that party A initiated via his complaint.
> ... |
For instance, in the U.S., prosecution while promising the blessings of liberty constitutionally should determine rights through a precedence of innocence rather than protected classes, plea deals, sworn testimony, guilt by association, and closed source licensures in the exclusionary U.S. Patent and Trademark Office.... |
How are government actions held accountable to constitutional promises? |
Suppose Party B signs a one year contract with a binding arbitration agreement to rent commercial space from Party A. As part of the agreement, Party B agrees to pay $2,000 a month rent to Party A (the landlord) and $1 a month for each square foot it occupies to Party C (another company who occupies space in the same b... |
Can an arbitration agreement take on retroactive force? |
Suppose Party B signs a one year contract with a binding arbitration agreement to rent commercial space from Party A. As part of the agreement, Party B agrees to pay $2,000 a month rent to Party A (the landlord) and $1 a month for each square foot it occupies to Party C (another company who occupies space in the same b... |
Generally, breach of contract in New Jersey must be filed within six years of the date the cause of action accrues.
Does this apply to enforcement of arbitration agreements? |
Are arbitration agreements subject to a 6 year statute of limitations in NJ? |
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via **1**) federal question jurisdiction or **2**) diversity jurisdiction.
Federal question jurisdiction arises from 28 USC 1331 which provides that federal... |
[MBTA][1] is the transit agency for Greater Boston, Massachussetts, USA.
The [website for the Massachusetts State Transportation Library][2] contains many old MBTA maps and other transit-related items. A user on Flickr has [collected a number of these maps][3], one of which is reproduced below.
[:
> ...the claimant in a **landlord and tenant claim must use the Part 8** procedure as modified by Part 56 and this practice dir... |
Accordingly myriad materials online including as authoritative as Shelter, [section 214](https://www.legislation.gov.uk/ukpga/2004/34/section/214?timeline=false) claims must be brought under the Part 8 procedure, even where the maximum possible award would fall well within the threshold for the small claims track. What... |
Is it possible for an individual to commit money laundering like a bank? |
> Are arbitration agreements subject to a 6 year statute of limitations in NJ?
Yes. Remember the precedents from NJ that [I cited in response to one of your recent posts][1]:
> a state may not "*subject an arbitration agreement to more burdensome requirements than those governing the formation of other contracts*... |
> should have paid less. Is the dispute subject to arbitration?
At the outset, the answer is no, although it ultimately depends on the exact terms of the contract(s).
A change of ownership does not merge C's non-landlord (or "extra-contractual") capacity with the landlord capacity that C subsequently attained. No... |
Is it an out if the law a person is accused of breaking is ambiguous or in any way poorly written that an accused can be set free from it?
I cannot think that every law enacted are made equally. Sometimes laws can be rushed while some party has enough power to do so, without the necessary care and thought as to the ... |
Does ambiguity in law go in favor of the defendant in a criminal case? |
https://www.cnn.com/2023/01/13/us/newport-news-virginia-shooting-friday/index.html
Assume that the six year old does not understand the concepts of life / death / murder / assault. Can the child be charged with assault or murder?
|
Can a six year old be charged? |
CONTEXT: https://www.cnn.com/2023/01/13/us/newport-news-virginia-shooting-friday/index.html
Assume that the six year old does not understand the concepts of life / death / murder / assault. Can the child be charged with assault or murder? Where are the contours that would preclude charging a child with such a seri... |
We cannot stipulate that a 6 year old does not understand the concepts of life / death / murder / assault, but that stipulation might be baked into the laws of the jurisdiction. In Washington, a child under age 8 is [statutorily incapable][1] of committing a crime. Between 8 and 12, there is a statutory presumption tha... |
The short Answer is yes, of course; why might it not be? Isn't the suggestion that it might not be, to deny the nature of laundering?
What you suggest is more than possible; it prolly happens all over the world, every day.
The main barriers are of scale, not principle.
Half the reason it’s called ‘money launde... |
> Does ambiguity in law go in favor of the defendant in a criminal case?
It can.
> Surely, there must ways of dealing with poorly written laws when a person's future is at stake?
There is a way of dealing with them:
Insist on a jury trial. The U.S. Constitution guarantees a jury trial in every criminal case... |
May I create a custom license plate myself (in Virginia) using a purchased blank plate? |
I was sexually harassed at my previous job. I filed a complaint to the company, but they downplayed and dismissed it. I've heard that workplace harassment cases are hard to win, and I didn't think I had enough proof for a successful lawsuit, so I quit. I however, contacted a few of my former colleagues to warn them abo... |
Is it illegal to warn employees about workplace harassers if the company doesn't want you to? |
Poor writing of law is never a basis for overturning a conviction. Hard-core ambiguity might be, in which case the "rule of lenity" may choose between possible interpretations of a clause. See [US v. Universal C.I.T. Credit Corp.][1], 344 U.S. 218
> when choice has to be made between two readings of what conduct
>... |
Do words that have been explained in one part of the act have to neccesary be assigned the same meaning in another act ? |
Are there any exceptions to ipc article 7 ? (Indian law) |
If a 20 year old american brings his 16 year old america girlfriend to a country where the legal age of consent is 14, and then have sex with her there, is he liable to be prosecuted back in the US? |
Can americans break american laws while in another country? |
Are there any limits to Public interest litigaion in India to how many times a decision can be appealed ? Especially a constitutional interpetation judgement ? |
Is it possible To appeal to change a supreme court's decision about the constitutionality of law ?(India) |
Are there any limits to public interest litigation in India to how many times a decision can be appealed? Especially a constitutional interpretation judgement? |
Is it possible to appeal to change a supreme court's decision about the constitutionality of law? (India) |
Is there a discipline teaching how to design either a contract, in terms of logic and real-life feasibility, not just law.
A contract designed by lawyers is expected to be efficient if the parties involved have a conflict and their conflict reaches court. But what about contracts which are designed to prevent such ... |
Courts generally don't allow mistake of law as a defence but are there any cases other than insanity where mistake of law is used as a or has been used as a successful defence ? |
Are there any cases where mistake of law can be a defence? |
Are claims that Elon Musk cannot back out of buying Twitter after agreeing to buy before actually doing so valid without a full deposit in escrow? |
[tag:england-and-wales]
> It shall be conclusively presumed that no child under the age of ten years can be guilty of any offence.
>
> — [Children and Young Persons Act 1933 s.50](https://www.legislation.gov.uk/ukpga/Geo5/23-24/12/section/50?view=extent) as amended by the [Children and Young Persons Act 1963](http... |
[tag:england-and-wales]
> It shall be conclusively presumed that no child under the age of ten years can be guilty of any offence.
>
> — [Children and Young Persons Act 1933 s.50](https://www.legislation.gov.uk/ukpga/Geo5/23-24/12/section/50?view=extent) as amended by the [Children and Young Persons Act 1963](http... |
At the very end of a company's severance agreement (for laid off employees), just before the signature box, the agreement reads (emphasis mine):
> I HAVE CAREFULLY READ THE FOREGOING RELEASE, FULLY UNDERSTAND ITS
> MEANING AND CONSEQUENCES, AND **SIGN IT VOLUNTARILY AS MY OWN FREE
> ACT**.
Given that an employe... |
What does "sign it voluntarily as my own free act" mean? |
"Abuse of a dominant position" is a concept from [competition law](https://en.wikipedia.org/wiki/Competition_law). In Apple's home jurisdiction, the United States, this field is called [antitrust](https://en.wikipedia.org/wiki/United_States_antitrust_law) and the concept of abuse of a dominant position is called (unlaw... |
At the very end of a company's severance agreement (for laid off employees), just before the signature box, the agreement reads (emphasis mine):
> I HAVE CAREFULLY READ THE FOREGOING RELEASE, FULLY UNDERSTAND ITS
> MEANING AND CONSEQUENCES, AND **SIGN IT VOLUNTARILY AS MY OWN FREE
> ACT**.
Given that an employe... |
At the very end of a company's severance agreement (for laid off employees), just before the signature box, the agreement reads (emphasis mine):
> I HAVE CAREFULLY READ THE FOREGOING RELEASE, FULLY UNDERSTAND ITS
> MEANING AND CONSEQUENCES, AND **SIGN IT VOLUNTARILY AS MY OWN FREE
> ACT**.
Given that an employe... |
> What does "sign it voluntarily as my own free act" mean? What does this language protect the company against?
It secures the signer's admission that he is not being subjected to wrongful termination. It is a form of settlement with which the company could refute claims of wrongful termination, breach of contract, ... |
Various jurisdictions including [Canada][1], [England and Wales][2] and [Washington][3] have laws which state, apparently categorically, that children under a certain age cannot commit crimes or be convicted of crimes. E.g. Canada's criminal code section 13 says:
> No person shall be convicted of an offence in respe... |
Can a child be a contract killer? |
[tag:washington]
Parents have an obligation to make their children behave, to a certain extent. If the parents allow their child to engage in some criminal enterprise, the courts have broad jurisdiction to intervene, and can [terminate][1] the parent-child relationship, appointing someone else to supervise the child... |
as said if a murder was committed in a US state that had the death penalty for that offence at the time but the person who committed it was'nt caught until 45 years later(during which the death penalty for murder in that state had been outlawed/abolished)could they"upon conviction"still face execution/be executed?whata... |
It depends on how the death penalty is abolished. The death penalty was partially abolished by the state supreme court in Washington in [State v. Gregory][1] – for the third time. The court states that "None of these prior decisions held that the death penalty is per se unconstitutional, nor do we". Instead, it was fou... |
How come Alberta's driver's guide says
on a roadway outside an urban area, "[do
not park on the parking lane][1]"? Isn't such a lane used for parking? Thank you!
"On a roadway outside an urban area, do not park:
on the roadway, parking lane or shoulder of a primary highway except where:
- your vehicle ... |
Suppose that one night foreman A of assembly line AA takes parts meant for a different assembly line BB for A's own crews to use, thereby fulfilling A's own production quota to the detriment of foreman B and his crew. Is A liable in a civil action or a criminal charge? Both A and B and their crews work for the same org... |
I get consent from user for some operation. While consenting user can check "remember consent" option and this is handled as below:
1. Consent is saved to db
2. Some action is done and consent is deleted from db
But problem is at step 2. If user cancel HTTP request that give us consent after the consent is saved i... |
> 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 ... |
My car was Towed out of Seattle and into Burien, the Seattle website listing maximum fees a towing company can charge says "From private property in Seattle", am I correct in reading that as the Seattle maximum applies and they aren't allowed to have charged me three times that amount for towing my vehicle?
As a side ... |
My car was towed out of the city to another county, do city laws apply to maximum fees? |
I'm sure you know that a 15 mile drive in Seattle can easily take 2 hours, which incidentally is not limited to driving time. The Seattle towing ordinance is [here][1], with a more user-friendly explanation [here][2]. Nothing in the ordinance addresses the distinction between "within Seattle" versus "from Seattle". Bea... |
Say Adam the accuser is taking Dave the Defendant to court. If Dave loses in his local district, I've heard that he can appeal the decision and be re-tried in a higher court (all the way to the Supreme Court, theoretically). But it the opposite also possible? I.e. if Dave is acquitted, is Adam allowed to re-try him in ... |
If someone is found guilty, they can usually appeal to a higher court. Is the opposite also allowed? |
Say that Nathan the nutcase is on trial for 100 murder charges. He already knows his life is over, so every time they bring him into court, he starts screaming expletives out of turn. They charge him 1000 times over for contempt of court. But even if they gag him, he can still flop around like a fish out of water whene... |
Is it required for a defendant to be in court? |
The point of this question is about how double-jeopardy could potentially be abused.
Say that Bob is suspected of murdering Mary. If he is tried for this crime and found not guilty, then he can't be tried again for this case due to Double Jeopardy (if I'm not mistaken).
But what if Ivan the Incompetent was in cha... |
Does double jeopardy apply if the prosecution did a terrible job? |
Does double jeopardy apply if the prosecution did a "terrible job"? |
The point of this question is about how double-jeopardy could potentially be abused.
Say that Bob is suspected of murdering Mary. If he is tried for this crime and found not guilty, then he can't be tried again for this case due to Double Jeopardy (if I'm not mistaken).
But what if Ivan the Incompetent was in cha... |
The point of this question is about how double-jeopardy could potentially be abused.
Say that Bob is suspected of murdering Mary. If he is tried for this crime and found not guilty, then he can't be tried again for this case due to Double Jeopardy (if I'm not mistaken).
But what if Ivan the Incompetent was in cha... |
Alberta's driver's [guide][1] says "when you intend to use the first available exit, approach the circle (even though you are already in the circle, intending to exit ...) using the right lane. It also says "when you intend to leave at any other exit, approach the circle (you are already in the circle, but the guide te... |
[Tag:England-and-Wales]
In England, the absolute age of criminal responsibility is **10**, so in the strictest sense your answer is that a child aged 11 or 12 who commits a murder (or series of murders) would be held responsible and charged with murder. That case would escalate from the Youth Court to the Crown Cour... |
The prohibition of double jeopardy is about each sovereign getting only one chance at conviction. If the sovereign handles their chance incompetently, they don't get another attempt.
You ask whether "Bob ends up getting off innocent and can no longer be prosecuted over it due to double Jeopardy"?
Yes, but only by... |
The prohibition of double jeopardy is about each sovereign getting only one chance at conviction for the same offence. If the sovereign handles their chance incompetently, they don't get another attempt. (The only "exception" discussed in [user6726's answer here][1]: bribery of a judge such that there was no actual jeo... |
Various jurisdictions including [Canada][1], [England and Wales][2] and [Washington][3] have laws which state, apparently categorically, that children under a certain age cannot commit crimes or be convicted of crimes. E.g. Canada's criminal code section 13 says:
> No person shall be convicted of an offence in respe... |
The prohibition of double jeopardy is about each sovereign getting only one chance at conviction for the same offence. If the sovereign handles their chance incompetently, they don't get another attempt. (The only "exception" discussed in [user6726's answer here][1]: bribery of a judge such that there was no actual jeo... |
The prohibition of double jeopardy is about each sovereign getting only one chance at conviction for the same offence. If the sovereign handles their chance incompetently, they don't get another attempt. (The only "exception" discussed in [user6726's answer here][1]: bribery of a judge such that there was no actual jeo... |
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