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**Disclaimer** - This is a follow on question from [the previous one I asked][1] on whether it is a crime to fail to stop. Let's say I have some sort of minor damage to my car, such as a scratch/dent from another passing car or a my wing mirror being damaged. As the cost of repairing the car is either negligable (as...
Must all accidents be reported to your insurance company in the UK?
Let's assume an employer has a use-it-or-lose-it vacation policy that allows employees to carry over 40 hours of vacation time from one year to the next. An employee ends the year with 60 hours of accrued vacation, and thus loses 20 of those hours. Given that [Massachusetts law considers vacation time wages](https://ma...
Is a company obligated to pay out vacation time lost due to a use-it-or-lose-it vacation policy?
## What does your insurance contract say? ## If the contract says you have to report it, and you don't then you have breached your policy and your insurer may be able to avoid liability for future claims due to that breach. Notwithstanding, when renewing your insurance you are required to disclose any matter that...
For example, if I waive my rights to know what you'll be doing with my internet search history, is that a knowing and intelligent waiver?
Can "agreeing not to know anything" be enough to constitute "knowledge" of a waiver?
The question is rendered moot because [Cal. Civ. §1798.100][1] declares that > Any provision of a contract or agreement of any kind, including a > representative action waiver, that purports to waive or limit in any > way rights under this title, including, but not limited to, any right > to a remedy or means of ...
In most cases, the state boundary line controls. For example, Kentucky owns the Ohio River along its border with Ohio, Indiana, and Illinois. In essence, the boundary between Kentucky and these three future states is the low point of the Ohio River's northernmost bank. This was established by a Congressionally pass...
Everywhere online this seems to be a given, no source even attempts to explain it: If the social security number is about **identifying** an individual/citizen/taxpayer, why is it not called social **identification** number? What **security** is the SSN about?
Which security is the social security number about?
My wife is doing a master in New York and we have 2 weeks here, and we found an apartment but we are confused with the way they handle the contracts. First they told us via email that pets are allowed but the contract they later sent said that pets are not allowed. After we asked about that (because we don't want to...
Suppose that a person has written a computer program that s/he wants to publish on GitHub using as its name the last name of a professor who wrote a book on a topic related to the computer program. My gut feeling is telling me, that the developer should probably try to contact the family of the professor (supposing...
In most cases, the state boundary line controls. For example, Kentucky owns the Ohio River along its border with Ohio, Indiana, and Illinois. In essence, the boundary between Kentucky and these three future states is the low point of the Ohio River's northernmost bank. This was established by a Congressionally pass...
Person A wants to sell their business, which consists of digital "virtual" property, such as a website and/or a website domain. This property is not real estate, not a corporation holding assets, doesn't concern copyright or trademark, or is physical property which requires legal documents of ownership such as a title,...
Can attorneys act as privacy proxies for a business transaction and conceal the identities of their clients?
Person A wants to sell their business, which consists of digital "virtual" property, such as a website and/or a website domain. This property is not real estate, not a corporation holding assets, doesn't concern copyright or trademark, or is physical property which requires legal documents of ownership such as a title,...
Is there a general definition for "with good manners"? Like it's used e.g. in relation to termination of employment relationship.
Is there a general definition for "with good manners"?
## Not in [tag:Germany] In general, you can name your kid how you want, but there are limits in practice, due to technical and legal constraints. Germany has a list of allowed characters in names because the Bundesdruckerei does not support every character. Format characters are not on the list, as are many other n...
## What does your insurance contract say? ## If the contract says you have to report it, and you don't then you have breached your policy and your insurer may be able to avoid liability for future claims due to that breach. Notwithstanding, when renewing your insurance you are required to [disclose][1] any matter...
Circuit splits have the effect of treating people in America differently with regards to the law depending on where they live, due to differing interpretations of the same statute. Some of these differing interpretations involve what seems like major questions of rights that such as in [these cases](https://en.wikiped...
Could the U.S. Federal government constitutionally laws that duplicate the de facto different treatment in different states caused by circuit splits?
Is there a general definition for "with good manners"? Like it's used e.g. in relation to termination of employment relationship. The Finnish employment law for example states that termination of employment relationship must be "with good manners" (it's translated as "factual"): https://www-minilex-fi.translat...
Is there a general definition for "with good manners"? Like it's used e.g. in relation to termination of employment relationship. The Finnish employment law for example states that termination of employment relationship must be "with good manners" (it's translated as "factual"): https://www-minilex-fi.translat...
With the current big tech firing frenzy I'd like to know if a US company must prefer the US citizens over working visa holders during mass lay offs? Let's say if there are 2 software developers but one is an immigrant, a working visa holder and the second is a citizen. They are both at the same level, professionally...
Is a US company obligated to lay off visa holders first over citizens?
Generally speaking, Congress does enact uniform federal laws, and there may be some constitutional boundaries and limitations on enacting local laws (as noted below with respect to bankruptcy court costs). But there isn't a hard and fast rule permitting federal law to be different in different states or on some other g...
Is it legal to use a scanner or camera to digitize a copyrighted book if it's only for personal use? I own the book, and I have no plans to sell it or give it away. If so, once the copyright expires, can I share my copy, or do I have to scan it again?
Is it legal to scan a copyrighted book for personal use?
With the current big tech firing frenzy I'd like to know if a US company must prefer the US citizens over working visa holders during mass lay offs? Let's say if there are 2 software developers but one is an immigrant, a working visa holder and the second is a citizen. They are both at the same level, professionally...
Person A wants to sell their business, which consists of digital "virtual" property, such as a website and/or a website domain. This property is not real estate, not a corporation holding assets, doesn't concern copyright or trademark, or is physical property which requires legal documents of ownership such as a title,...
I thought of this when reading the Meta case regarding negative testing. Say a state has a law regarding data-retention of log files for banks. A manager instructs an employee to wipe drive of logs. The employee is knowledgeable enough to know that this log, it is for data-retention, but they do not know any laws...
Could the U.S. Federal government constitutionally enact laws that duplicate the de facto regional differences caused by circuit splits?
I'm working in an office space where i don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers). We had a power outage due to a snow storm, resulting in ~2 hours without electricity. In those 2 hours i took my 30 minute mandatory pause. When it see...
If a party applying for a court order alleges that another party has 'wrongly detained' goods, how can/should this be interpreted. It was written in the context of: > Given that defendant has wrongly detained the goods, the court should order... My initial reading is that wrongly detained implies that the goods a...
With the current big tech firing frenzy I'd like to know if a US company must prefer the US citizens over working visa holders during mass lay offs? Let's say if there are 2 software developers but one is an immigrant, a working visa holder and the second is a citizen. They are both at the same level, professionally...
> Is it correct to interpret 'wrongly detained' as meaning held > unlawfully? Are there any other interpretations likely possible? Retaining possession doesn't have to be wrongful prior to the point at which a person with a superior right to possession demands that possession be transferred to them. For example,...
> Is it correct to interpret 'wrongly detained' as meaning held > unlawfully? Are there any other interpretations likely possible? Retaining possession doesn't have to be wrongful prior to the point at which a person with a superior right to possession demands that possession be transferred to them. For example,...
I'm working in an office space where i don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers). We had a power outage due to a snow storm, resulting in ~2 hours without electricity. In those 2 hours i took my 30 minute mandatory pause. When it see...
Background: I work in Maryland I am a salaried employee, however I am required to fill out a time card in order to specify which hours are worked on which contract, and am required to work a minimum of 40 hours a week. Recently we had a mandatory company wide meeting over lunch, that covered some internal company tr...
Buying a car for temporary use outside of my home state?
I read on https://www.thefirstnews.com/article/wrongly-accused-pole-gets-eur-286-mln-in-return-for-18-years-in-jail-19684: > Komenda will receive PLN 811,533 (EUR 181,000) as compensation and PLN 12 million (EUR 2.68 million) as redress for the 18 years he spent in prison. The ruling can be appealed. What's the d...
What's the difference between compensation and redress?
Warhol made screen prints from Lynn Goldsmith's photograph. Those prints have earned millions of dollars. If SCOTUS finds that Warhol infringed, who owns copyright to the Warhol prints? If they are not transformative enough to qualify as fair use, does Goldsmith own the copyright to the prints? Or does Warhol own them ...
Who owns a copyright of a work that is found to be infringing? For example Warhol case that SCOTUS heard
For example, can one party only share the name (or even just a nickname/pseudonym/online name) and the other party has to share full legal name, address, phone number, email, etc? Or both parties have to share the equal amount of information to each other.
Do contracts have to be equal in terms of the amount of information shared?
Is there a general definition for "with good manners"? Like it's used e.g. in relation to termination of employment relationship. The Finnish employment law for example states that termination of employment relationship must be "with good manners" (it's translated as "factual"): https://www-minilex-fi.translat...
**Company office or co-working space?** If the workplace was provided by the company, the answer by [gnasher729][1] applies. You were not even required to take your break at that point, if it wasn't the normal lunch time. These days some workers are working either from home or from a self-provided offices, which ...
IP addresses are personal data according to GDPR as far as I know. Whenever customer registers, I log IP address, date stamp, other details which are given by the customer such as name, address etc. After that, when customer logs in again with the same IP address, do I have to log that login with new date stamp? If I ...
GDPR: Do I have to IP log "every" login for a customer?
My contract states the below: I assume this means, even things i make in my personal time would belong to the company? I wonder how enforceable that really is as that would suggest that they would be preventing you from fulfilling personal desires/projects? > All works embodying Intellectual Property Rights ma...
GDPR means that **if** you handle personal data, **then** you need proper procedures and a valid reason for doing so. Customer consent is one valid reason, but not the only one. - Do you have a technical or business reason to preserve records of every login, including the IP? If not, just don't do it. Data without a...
GDPR means that **if** you handle personal data, **then** you need proper procedures and a valid reason for doing so. Customer consent is one valid reason, but not the only one. - Do you have a technical or business reason to preserve records of every login, including the IP? If not, just don't do it. Data without a...
I have been offered a job, but while looking over the contract I found a paragraph that concerns me. I don't want to lose the right to any software that I write or develop outside of the company that I am hired at. For example, if I make a game. Is this a valid concern? The Paragraph: > "Employee acknowledges and...
I know that a petit (trial) jury in a criminal case requires 12 jurors and I understand why the number 12 was chosen. But why does our U S Constitution, which is modeled after the Magna Carta, require 23 members of the grand jury when the Magna Carta only required 12 members of a grand jury? Why was the number of me...
Why are there 23 members of the grand jury?
Say the borrower agreed to a loan contract of repaying $250 for a $200 in 10 days. Obviously, that is a very high annual interest rate, and illegal in many places. First of all, did the lender just commit a crime in signing that contract with the borrower? Now, the borrower decides to not repay the loan, and this ca...
Loan contracts with very high interest: are they even legally binding?
> I assume this means, even things i make in my personal time would > belong to the company? Not exactly. If you build a bookshelf, that remains your personal tangible property. It only addresses intellectual property rights, for example copyright and patents. Interpreting the clause itself is challenging. >...
Can attorneys act as privacy proxies for a business transaction and conceal the identities of their clients? Is this a form of power of attorney? Or attorney-client privilege? Are two attorneys even needed for this kind of transaction? Could Attorney A complete this transaction while representing both Person A and ...
I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers). We had a power outage due to a snow storm, resulting in ~2 hours without electricity. In those 2 hours, I took my 30 minute mandatory pause. When it se...
I am working with a contract company in the UK (I am in the US) and we need to terminate our contract with them. We have provided written notice on Feb 2, 2023 stating we would like to end service on April 3. They have replied stating that we are in contract with them until July of 2023. Below is the clause stating dat...
## Generally, there is no federal law that limits the interest rate that a credit card company can charge. (Consumer Finance Protection Bureau, *Ask CFPB: Is there a law that limits credit card interest rates?*, July 7th, 2017) > In its brief, the lawyers argue that two plaintiffs, Myra Brown and Alexander Taylor, w...
It is over the [legally allowed interest rate][1] in Washington. It might be a crime, under the [Criminal Profiteering Act][2], specifically extortionate extension of credit which is a felony. The requirement for conviction under that law is that the following must be true: > (a) The repayment of the extension of cr...
Background: I work in Maryland I am a salaried employee; however, I am required to fill out a time card in order to specify which hours are worked on which contract, and am required to work a minimum of 40 hours a week. Recently, we had a mandatory company wide meeting over lunch, that covered some internal company ...
Can salaried employees be forced to attend meetings without being able to charge the time?
I requested through text message that they send me a copy of every document that I signed. They have not responded yet. In this situation, they have added $1300 of additional repair costs onto my original estimate. They never notified or called be before going on with these additional repairs. Nevada law states that an...
Is a auto body shop required to send me a copy of documents that they said I signed?
When a motion to compel arbitration is denied in a lower court and the defendant files an appeal, does that automatically stay proceedings in the lower court? Since the rules and laws can vary from one court to another, the question is in relation to Special Civil Part (eviction) in NJ. Based on my understanding,...
If a lender loans a borrower say $150 for the borrower to repay $250 in 3 weeks (very high/illegal interest rate) via PayPal G&S, and it turns out that the borrower refuses to repay the loan, what will PayPal do? The lender can obviously file a chargeback/dispute saying Item Not Received, but will PayPal give the re...
Are loans protected by PayPal Goods & Services?
From my understanding of the contract law, I know that in a two person contract, there has to be a form of exchange, e.g. a promise of a future payment for a service being done. If three people (A,B,C) sign a three person contract 1) does every of them have to provide something to both remaining two? or 2) ...
From my understanding of the contract law, I know that in a two person contract, there has to be a form of exchange, e.g. a promise of a future payment for a service being done. If three people (A,B,C) sign a three person contract 1) does every of them have to provide something to both remaining two? or 2) ...
From my understanding of the contract law, I know that in a two person contract, there has to be a form of exchange, e.g. a promise of a future payment for a service being done. If three people (A,B,C) sign a three person contract 1) does every of them have to provide something to both remaining two? or 2) ...
I am working with a contract company in the UK (I am in the US) and we need to terminate our contract with them. We have provided written notice on Feb 2, 2023 stating we would like to end service on April 3. They have replied stating that we are in contract with them until July of 2023. Below is the clause stating dat...
> Is a auto body shop required to send me a copy of documents that they said I signed? During court proceedings there is a phase known as *discovery*. That is where parties obtain evidence, such as the paperwork you mention, that previously was unavailable due to an adversary or non-party being uncooperative. Alt...
Assume a criminal offence occurred in the past (for example 2015), before a new law was passed at a future date (for example 2016). What law would be referred to by the judge when it comes to sentencing the offender? I think there is a legal term for this in Latin but I cannot find it. My question is focusing on...
What happens when the law changes?
In an employment agreement, can a company own intellectual property created off the clock unrelated to your their core business? Specifically if their core business is in a narrow domain of software, can they claim to owning all intellectual property created by the employee at all times outside of that domain but wi...
Can a company own intellectual property created off the clock?
In an employment agreement, can a company claim intellectual property created off the clock unrelated to your their core business? Specifically if their core business is in a narrow domain of software, can they claim to owning all intellectual property created by the employee at all times outside of that domain but ...
Suppose a FINRA-regulated financial institution is notorious for littering its service agreement with purportedly binding arbitration clauses, but then exercises a policy that amounts to depriving a customer of their assets without any lawful basis. As their line of business is heavily regulated by statutes and regu...
Here’s a hypothetical scenario: A customer drops off a vehicle at the vehicle manufacturer’s service center for some repair to the body of the car (let’s say a broken bumper). While dropping off the car for repairs, the customer tells the service advisor not to update software on the car (and has informed them in wri...
Which statutes cover a customer’s rights to not upgrade software in an automobile?
Many places have a max legal interest rate, and the loans on those subreddits surely exceed those rates. For example, a borrower might say I will repay $150 in 10 days for a $100 loan, and some lender will agree to that. So if the interest is illegal, then are all those lenders committing a crime on those subreddits...
Are the loans on subreddits r/borrow and r/simpleloans even legal?
What type of human being can help? Which one specifically?
I bought a bottle of spirits from a local supermarket, when I got home I noticed the [BottleLox][1] anti-theft cap hadn't been removed. I paid for my shopping (including the bottle!) at a self-service till, and the shop-assistant verified I was over 18 to purchase alcohol, however she didn't remove the tag, and noth...
I bought a bottle of spirits with the security tag intact. Have I committed theft?
It seems that the [Diversity Clause](https://www.law.cornell.edu/constitution-conan/article-3/section-2/clause-1/diversity-jurisdiction-overview) of the US Constitution, which give jurisdiction to federal courts to hear cases between citizens of different States, was included by Framers to avoid a State court to favor ...
Can a State exploit the 11th Amendment to bypass Diversity jurisdiction?
So its all over the news that China have sent a balloon over America. Some say its a spy camera and some say its a weather balloon. Does China break any American or in international laws, like spying or trespass ?
Is the China balloon breaking and laws?
It is assumed that the balloon is at "about 60000 ft", which defines the upper boundary of [US-regulated airspace][1], thus it is "uncontrolled" w.r.t. FAA regulations. [There is no international law][2] limiting vertical sovereignty. Thus there is no prohibition against intercepting the balloon. [1]: https://en...
Alice sees John attempting to steal her car. For some reason, instead of calling the police, she says "I'll give you $1,000 tomorrow if you don't steal my car." John agrees. ## Scenario 1 Alice gives John $1,000 and he doesn't steal the car. Has either of them committed a crime (e.g. extortion)? ## Scenario 2 ...
Is "not committing a crime" sufficient consideration?
Here’s a hypothetical scenario: A customer drops off a vehicle at the vehicle manufacturer’s service center for some repair to the body of the car (let’s say a broken bumper). While dropping off the car for repairs, the customer tells the service advisor not to update software on the car (and has informed them in wri...
Here’s a hypothetical scenario: A customer drops off a vehicle at the vehicle manufacturer’s service center for some repair to the body of the car (let’s say a broken bumper). While dropping off the car for repairs, the customer tells the service advisor not to update software on the car (and has informed them in wri...