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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... |
Say that Nathan 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 whenever they bri... |
I am selling 5 articles per month commercially (not privately) on the internet.
I am doing this on [eBay Kleinanzeigen][1] in Germany. The English translation is eBay small advertisements. It's like Vinted, Shpock or Etsy.
I already have a text for [terms and conditions][2]. I wonder if I also need a privacy poli... |
Do I need a privacy policy when selling on a shopping platform commercially? |
Related: https://law.stackexchange.com/q/78519/10458
As per the above thread, it seems like it is perfectly legal in the USA to attach arbitrary conditions of use to software licenses.
I do know that [Title II of the Civil Rights Act of 1964](https://www.justice.gov/crt/title-ii-civil-rights-act-public-accommodat... |
Related: https://law.stackexchange.com/q/78519/10458
As per the above thread, it seems like it is perfectly legal in the USA to attach arbitrary conditions of use to software licenses.
I do know that [Title II of the Civil Rights Act of 1964](https://www.justice.gov/crt/title-ii-civil-rights-act-public-accommodat... |
According to US law, if trademark 'ABC' has expired under 'Section 8/9' more than 10 years ago (2010), and has not seen any activity so far, can I trademark it?
|
Can I trademark a 10-year-old-dead-trademark? |
Exceedingly loud helicopters seem to regularly fly in the sky where I live in the London Borough of Islington, both in the day and night, and often on Sundays, when noise is supposed to even be legally restricted in the day. What methods are available for one to find out who these helicopters belong to, and what they’r... |
Suppose a shop commits unlawful discrimination by selling products to only one race or only one sex, and a court rules that this constitutes direct unlawful discrimination. Now suppose that a website practises the same policy, with respect to the same product, only online, perhaps by requiring customers to tick a decla... |
Do anti discrimination provisions apply to online as well as brick and mortar retail vendors? |
## They have a right to be *present* but can be removed under [Illinois v. Allen][1]
While in general, a person has a *right* to be present for the conviction hearing, they can be removed if they disturb the orderly process.
As a rather public example, this happened during the Darrell Brooks trial, **multiple** ti... |
Say you have an idea for which you can appreciate some intelectual and financial support. For this you may reach out to different sources, such as university professors or research institutes that also have experience in building start-ups.
For example, it can start with an email, in which the idea is not fully pres... |
When applying for a Schengen visa, an applicant is typically required to provide a proof of accommodation. Often it's a screenshot from a hotel aggregator, or an email from the hotel (if booked directly), or a letter from a friend warranting an accommodation. It may contain some numbers which may be validated on the ag... |
What is the legal basis for a Schengen country embassy to call the hotel to confirm the applicant's reservation? |
## They have a right to be *present* but can be removed under [Illinois v. Allen][1]
While in general, a person has a *right* to be present for the conviction hearing, they can be removed if they disturb the orderly process.
As a rather public example, this happened during the Darrell Brooks trial, **multiple** ti... |
When applying for a Schengen visa, an applicant is typically required to provide a proof of accommodation. Often it's a screenshot from a hotel aggregator, or an email from a hotel (if booked directly), or a letter from a friend warranting an accommodation. It may contain some numbers which may be validated on the aggr... |
## They have a right to be *present* but can be removed under [Illinois v. Allen][1]
While in general, a person has a *right* to be present for the trial and conviction hearing, **they can be removed if they disturb the orderly process.**
### Example of removal in action: The Darrell Brooks case
As a rather public ... |
## They have a right to be *present* but can be removed under [Illinois v. Allen][1]
While in general, a person has a *right* to be present for the trial and conviction hearing, **they can be removed if they disturb the orderly process.**
### Example of removal in action: The Darrell Brooks case
As a rather public ... |
## They have a right to be *present* but can be removed under [Illinois v. Allen][1]
While in general, a person has a *right* to be present for the trial and conviction hearing, **they can be removed if they disturb the orderly process.**
## Illinois v. Allen, 397 U.S. 337 (1970)
>Syllabus
>
>Respondent, who... |
Say you have an idea for which you can appreciate some intelectual and financial support. For this you may reach out to different sources, such as university professors or research institutes that also have experience in building start-ups.
For example, it can start with an email, in which the idea is not fully pres... |
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... |
## They have a right to be *present* but can be removed under [Illinois v. Allen][1]
While in general, a person has a *right* to be present for the trial and conviction hearing, **they can be removed if they disturb the orderly process.** SCOTUS also offers to have him fined again and again (only works if the accused ... |
User Dale M. wrote the following response on SE:
> An arbitration agreement in a contract is severable I.e. it is an
> independent contract and remains valid (assuming it is valid) even if
> the primary contract is **void** or **terminated**
We know that an arbitration agreement can be enforced even when the un... |
Sentences of "15 years to life", "25 years to life", or "life with mercy" are [called](https://en.wikipedia.org/wiki/Life_imprisonment_in_the_United_States) "indeterminate life sentences". What's the minimum of time that an indeterminate life sentence may have in the US? In the 3 given examples, it's 15 years, but I wo... |
What's the minimum of time that an indeterminate life sentence (e.g., "25 years to life") may have in the US? |
> For example, sentences of "15 years to life," "25 years to life," or "life with mercy" are called "indeterminate life sentences" [(Wikipedia)](https://en.wikipedia.org/wiki/Life_imprisonment_in_the_United_States)
What's the minimum of time that an indeterminate life sentence may have in the US? In the 3 given exa... |
Alberta's driver's [guide][1] says "when turning right from a two-way road onto another two-way road, stay centred in your turning lane, and no more than 1 metre (3 feet) from the curb or edge of the road. However, it then says "If it is safe, complete your turn by turning into the first available traffic lane on the r... |
## in general the first named number
Depending on the case, one might get a different sentence of the three. That's the time that is to be served at the minimum and which is needed to determine when parole shall happen: Shall it be after the parole request time of a 15-year, 25-year or life-long sentence's parole date... |
I find myself wishing to download a copy of the Equality Act 2010 in order to study it when lacking internet access. Of course legislation.gov.Uk offers a PDF kings printer version, but I fear this is out of date.
Meanwhile I also fear that it will somewhat not be as navigable: can you click links in the contents to... |
What laws have amended the Equality Act 2010? |
Say you have an idea for which you can appreciate some intellectual and financial support. For this you may reach out to different sources, such as university professors or research institutes that also have experience in building start-ups.
For example, it can start with an email, in which the idea is not fully pre... |
When, where, how, and why did the doctrine that courts must have regard to the entirety of the infinitely ever growing corpus of judicial decisions that came before that sub judice and align their ruling to those that are comparable?
And why are prior judges’ powers of interpretations automatically seen to be more c... |
What is the origin and basis of stare decisis? |
> For example, sentences of "15 years to life," "25 years to life," or "life with mercy" are called "indeterminate life sentences" [(Wikipedia)](https://en.wikipedia.org/wiki/Life_imprisonment_in_the_United_States)
What's the minimum time that an indeterminate life sentence may have in the US? In the 3 given exampl... |
What's the minimum time that an indeterminate life sentence (e.g., "25 years to life") may have in the US? |
I'm about to go crazy due to the amount of information I have explored on this matter and still I have no answers. Anyone with at least some knowledge, please share it.
My case is very simple (I think), I create a small software application and want to sell licenses for it from my own web-site, taking payments using... |
The underlying idea has been implicit in law for over a millenium in England. The term dates back at least to Sir Matthew Hale who cites his doctrine of *stare decisis* in [Hanslap v. Cater][1] (1673). Blackstone in *Commentaries of the laws of England* [Book 1 section 3][2] explains that the laws "receive their bindin... |
I assume you are asking about horizontal *stare decisis*: a court following its own previous holdings or those of courts of coordinate jurisdiction. I say this because your incredulity does not seem to extend to the notion that appellate courts can bind lower courts.
You ask:
> why are prior judges’ powers of int... |
Consider only Canada law:
1. Suppose someone **has no** amateur radio license, can he build a radio transmitter?
2. Suppose someone **has** amateur radio license, can he build a radio transmitter?
3. If people want to build a radio transmitter by their own, what to do/get first?
I do not find a single piece of in... |
Can people build a radio station/transmitter without amateur radio license in Canada? |
[GDPR][1] article 6(1) makes it legal if
> (e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
An embassy is exercising official authority, and the fact that it is located outside the EU does not really mat... |
## What is actually regulated?
The [Amateur Radio Operator License FAQ][1] for the [Amateur Radio Operator License][2] indicates that...
> the holder of an Amateur Radio Operator Certificate may install and operate transmitter equipment capable of producing an RF output of no more than twice (3dB) that authorized b... |
## What is actually regulated?
The [Amateur Radio Operator License FAQ][1] for the [Amateur Radio Operator License][2] indicates that...
> the holder of an Amateur Radio Operator Certificate may install and operate transmitter equipment capable of producing an RF output of no more than twice (3dB) that authorized b... |
A tenant A and landlord B sign a tenancy agreement. The agreement obliges B to serve A a copy of B’s privacy notice, while noting that the privacy notice is also available on B’s website. B in fact never served A the privacy notice, nor was it apparently ever available on B’s website. The tenancy ended 20 months ago. ... |
what remedies are available for non performance of unappraisable contractual obligations? |
Suppose, for example, that a business screws up in a way that harms a customer, and the customer is told that they need to return after 11am on the following day when they will be able to have the problem rectified. The customer returns, but is then rather told that they must return again in two days and the business w... |
What is the correct venue in which to claim for one’s own needlessly wasted or lost time? |
I assume you are asking about horizontal *stare decisis*: a court following its own previous holdings or those of courts of coordinate jurisdiction (e.g. courts at the same "level" in the judiciary). I say this because your incredulity does not seem to extend to the notion that appellate courts can bind lower courts.
... |
In legal fillings wherein a side’s legal argument or reasoning is laid out, one often finds the phrase “further or alternatively” delineating separate arguments. How would one’s position be different if one instead in these places simply said “furthermore”?
I suppose that the idea may be to ensure that the second le... |
What advantages are gained by use of the phrase “further or alternatively”? |
Do anti discrimination provisions apply to online as well as brick and mortar retail vendors?
**Yes**
There is nothing in the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) in general - nor in the definitions of *Prohibited Conduct* found within [Part 2, Chapter 2](https://www.le... |
Do anti discrimination provisions apply to online as well as brick and mortar retail vendors?
**Yes**
There is nothing in the [Equality Act 2010](https://www.legislation.gov.uk/ukpga/2010/15/contents) in general - nor in the definitions of *Prohibited Conduct* found within [Part 2, Chapter 2](https://www.le... |
I assume you are asking about horizontal *stare decisis*: a court following its own previous holdings or those of courts of coordinate jurisdiction (e.g. courts at the same "level" in the judiciary). I say this because your incredulity does not seem to extend to the notion that appellate courts can bind lower courts.
... |
Can I use a pseudonym in the Impressum of a non-commercial website? |
I bought a pair of boots in the US. They were advertised as being waterproof, but after some [reasonable] use they ceased to be waterproof. I called the company, and their response was basically:
>The boots should have been waterproof, they weren't. We're sorry, we'll give you a brand new pair.
They kept thei... |
How many times must a warrantied product be replaced? |
Alberta's driver's [guide][1] says "when turning right from a two-way road onto another two-way road, stay centred in your turning lane, and no more than 1 metre (3 feet) from the curb or edge of the road." However, it then says "If it is safe, complete your turn by turning into the first available traffic lane on the ... |
Alice wants to get a divorce from Bob. Bob is an upstanding member of society. There is no credible case against Bob for any crimes or impropriety (no abuse, infidelity, etc). Bob does not want Alice to divorce him. Alice and Bob have no prenuptial agreement. Alice has asked Bob to leave their shared house, but he refu... |
Alice wants a divorce but Bob does not. What can Bob do to stonewall the process and what are the consequences of doing so? |
> What's the minimum time that an indeterminate life sentence may have
> in the US?
In addition to the federal criminal code (Title 18 of the United States Code) and every U.S. state has criminal offenses set forth in a criminal code. The federal government and many U.S. states also have criminal offenses that are ... |
My friend is planning to sell a vehicle to an out of state buyer. We were having a debate about the process and neither of us are absolutely certain about the process. The vehicle in question is located in California and registered there. It does not have any lien on it. There are multiple buyers that are interested an... |
What is the procedure for selling California registered vehicle to out of state buyer? |
Prior to 2010, New York was the last state to have only fault based divorce. [In 2010][1], the fault based grounds for divorce were retained, but a no fault ground for divorce was added and has become very popular.
In a no fault divorce:
> All that has to be proved and stated in your divorce papers is that
> the... |
Suppose that there is a piece of classical music (let's say written by Bach in 1726) and there is a recent arrangement of that piece which was made available through Creative Commons Attribution-Share Alike 4.0 license. Am I allowed to perform this arrangement in public?
Would I be required to give attribution to the... |
Suppose that there is a piece of classical music (let's say written by Bach in 1726) and there is a recent arrangement (sheet music) of that piece which was made available through Creative Commons Attribution-Share Alike 4.0 license. Am I allowed to perform this arrangement in public?
Would I be required to give attr... |
> how do we know that it can be enforced even when the primary contract is expired?
Enforceability follows from logic.
For context, your citation about "void *ab initio*" originates from the last paragraph in [this answer][1]. That last paragraph posits, *as implication*, the enforceability of an [arbitration] ag... |
"what purpose does this language serve?"
One way of looking at this is it allows the employer to place the employee in a [Double Bind](https://en.wikipedia.org/wiki/Double_bind) situation.
The first injunction of the Double Bind is often implied but not stated.
> Sign this severance agreement, or you will be p... |
If he has simply brought a printout of an advert setting out the sexist promotional pricing scheme, could his claim still have prevailed?
In other words, if a black man photographs a soign hung outside a business stating “no blacks, no dogs, no Irish,” would he have standing as a discrimination victim? Or must he ac... |
What significance did Dr. Bower’s (failed & successful) attempts to actually buy Brewdog’s Pink IPA have to his claim? |
Any information page on the protections of the equality act 2010 will list age among the protected characteristics, which it clearly is.
But a host of provisions seem to make exceptions to this characteristic, such as to largely defang and neuter it.
From section 28, to [this][1], age discrimination in many sce... |
When is age discrimination actually illegal? |
Any information page on the protections of the equality act 2010 will list age among the protected characteristics, which it clearly is.
But a host of provisions seem to make exceptions to this characteristic, such as to largely defang and neuter it.
From section 28, to [this][1], age discrimination in many sce... |
Could [his claim][1] still have been successful if he had only presented a printed advertisement showing the sexist promotional pricing scheme?
To put it another way, if a black man took a picture of a sign outside a business that said "no blacks, no dogs, no Irish," would he have the right to claim discrimination,... |
What was the importance of Dr. Bower's attempts to purchase Brewdog's Pink IPA, both successful and unsuccessful, to his claim? |
What remedies are available to tenant A for the landlord B's breach of contract in not providing a copy of their privacy notice, nor making it available on their website, when the tenancy ended 20 months ago? Would a county court order specific performance of the obligation by B in this case, or award A pecuniary dam... |
What legal remedies are available for the non-performance of contractual obligations that cannot be appraised? |
If foreman A of assembly line AA took parts meant for a different assembly line BB for their own crews to use, which would help them meet their production quota but hurt foreman B and their crew, could A be held liable in a civil action or criminal charge? Both A and B and their crews work for the same organization. |
Could an employee be held liable for taking parts meant for another assembly line? |
What remedies are available to tenant A for the landlord B's breach of contract in not providing a copy of their privacy notice, nor making it available on their website, as the contract required, when the tenancy ended 20 months ago? Note that B likely still holds A’s personal data making them remain a data controll... |
Any information page on the protections of the Equality Act 2010 will list age among the protected characteristics, which it clearly is.
But a host of provisions seem to make exceptions to this characteristic, such as to largely defang and neuter it.
From section 28, to [this][1], age discrimination in many sce... |
Any information page on the protections of the Equality Act 2010 will list age among the protected characteristics, which it clearly is.
But a host of provisions seem to make exceptions to this characteristic, such as to largely defang and neuter it.
From section 28(1)(a), to [this][1], age discrimination in ma... |
When one goes into a police station (okay, when one is brought in for a recordable offence), one is fingerprinted and identified against big databases of identities. Even if this doesn’t happen, there is still a degree of record checking and matching.
For example, “do we have anyone in the system with this date of ... |
What is the legality and practicality of conducting litigation under a pseudonym? |
A sues B. Court awards A £5000. Who decides how this balance may be settled? And what is most common? Bank transfer? Cheque?
Can A insist on cash settlement? |
How are civil judgments most typically settled? |
For instance Valve has a policy that recreating fonts/typefaces from their games (that are not protected by copyright) is a breach of the Steam Subscriber Agreement (SSA). But as far as I know the SSA does not apply when the user has never used Steam, and these font(s) can be obtained from the websites of the respectiv... |
## What damage did they suffer as a result of the breach? ##
When either aggrieved party makes a claim, they will need to clearly state the monetary damages they seek and on what basis they suffered that loss. It is difficult to see a clear basis for how loss might have occurred.
## Courts do not hear moot cases ... |
## None ##
Choice of linking words in stating a case is pretty much a matter of style and is largely irrelevant to the outcome. If you prefer "Furthermore" rather than "further or alternatively", you do you.
## Alternative positions ##
I don't know what sort of judgements you are reading but alternative positi... |
In the U.S. Supreme Court's case, ['Monasky v. Taglieri][1]', an opinion was rendered regarding how jurisdiction findings related to 'Habitual Residence' under the Hague Convention are determined.
Could parties who have lost previous cases appeal their cases given the new standard if the standards applied in their... |
Can you appeal a case after a higher court renders a favorable opinion about a law? |
Prior to 2010, New York was the last state to have only fault based divorce. [In 2010][1], the fault based grounds for divorce were retained, but a no fault ground for divorce was added and has become very popular.
In a no fault divorce:
> All that has to be proved and stated in your divorce papers is that
> the... |
Prior to 2010, New York was the last state to have only fault based divorce. [In 2010][1], the fault based grounds for divorce were retained, but a no fault ground for divorce was added and has become very popular.
In a no fault divorce:
> All that has to be proved and stated in your divorce papers is that
> the... |
[tag:canada] [tag:british-columbia]
The appellant would still be expected to file within the required time limits (30 days in British Columbia, for example). A judge of the Court of Appeal has the discretion to extend time, but this is subject to established criteria, recently reviewed in *Morden v. Pasternak*, 2022... |
[tag:canada]
The appellant would still be expected to file within the required time limits (30 days after the would-be appellant's judgment in the lower court). A judge of the court of appeal has the discretion to extend time, but this is subject to established criteria. For example, the criteria British Columbia ar... |
Suppose I'm using an amateur radio transceiver in my car. I'm not breaking any traffic laws, but I am talking in a secret code, which is illegal under the FCC regulations. Can a state or city police officer pull me over and detain me or write a ticket for my violation of the FCC regulations?
I'm using amateur radio ... |
Can state or city police officers enforce the FCC regulations? |
Since the UN charter is amendable easily. What is stopping nations from amending it to have less UN obligations? |
## Is this arrangement protected by copyright? ##
There is no doubt that the original Bach composition is public domain - that is, it is not protected by copyright. Whether a modern arrangement is a copy and therefore not protected or a derivative work therefore protected depends on how substantial the change is fro... |
Specifically, the user of the User Generated Content platform, according to the services Terms of Service is expected to defend the service in the event that a third party makes a claim involving infringement by the user of the third party's intellectual property.
How can anyone be expected to go to the defense of a... |
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