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> Is it unethical to file a claim against an attorney who lied?
No. It is actually *encouraged* if the claimant can submit proof of attorney's misconduct. The grievance is to be filed in the [claimant's jurisdiction][1] rather than with the American Bar Association.
An attorney's lies may be severe enough to cons... |
Who owns copyright of a photo taken by a camera after timing set to 10 seconds? Is it the person who set the timer? But he/she didn't take any picture. A machine did.
Thank you. |
> Is it unethical to file a claim against an attorney who lied?
No. It is actually *encouraged* if the claimant can submit proof of attorney's misconduct. The grievance is to be filed in the [claimant's jurisdiction][1] rather than with the American Bar Association.
An attorney's lies may be severe enough to cons... |
Police officers are not required or expected to understand the laws as a whole, they only need to believe a crime has been committed to issue a ticket or arrest someone. From there they are expected to faithfully report the incident and detain the allegedly guilty party for review in front of a judge, who is very much ... |
Who owns copyright of a photo taken by a camera after timing set to 10 seconds? Is it the person who set the timer? But he/she didn't take any picture. A machine did. |
Who owns copyright of a photo taken by a camera after the timer is set to 10 seconds? |
Who owns copyright of a photo taken by a camera after the timer is set to 10 seconds? Is it the person who set the timer? But he/she didn't take any picture. A machine did. |
When more generic a trademarked name is, the less protection it will get. E.g. names taken from mythology and folklore (or real world cities/locations) can possibly receive less protection, but how generic a trademarked name has to be to receive less protection? (Another note: searching on the trademark database of the... |
How generic a trademark has to be to receive less protection? |
Often a party’s representative seems to be referred to in formal legal contexts as their “solicitors”, even when it appears to be a single individual who is managing the case on the party’s behalf. Why then is the representative so often referred to as their “solicitors”? |
What is the basis for the convention of referring to representative solicitors in the plural? |
§III of the complaint [Blumenthal et al. v. Trump][1] especially para 23- provide useful historical background on the Emoluments Clauses, in connection with preventing corruption, especially the practice of monarchs giving "the usual presents" to diplomats and ministers. This resulted in provisions both in the Articles... |
Lets say Bob owns a vehicle and his wife uses the car. The wife doesn't come to a complete stop at a red light and the traffic camera catches it. They issue a ticket in Bob's name as he owns the car but he did not commit the traffic infraction. Bob has proof he was not driving that day. Would Bob still be responsible f... |
Responsible for a traffic infraction commited by someone else? |
Let's say Bob owns a vehicle and his wife uses the car. The wife doesn't come to a complete stop at a red light and the traffic camera catches it. They issue a ticket in Bob's name as he owns the car but he did not commit the traffic infraction. Bob has proof he was not driving that day. Would Bob still be responsible ... |
Responsibility for a traffic infraction commited by someone else? |
I suspect this relates to the UK TV Licencing provisions as listed [here][1],
Specifically :
> Can I watch TV on my mobile phone without a TV Licence?
>
> If you’re using a mobile device powered solely by its own internal
> batteries – like a smartphone, tablet or laptop – you will be covered
> by your home’... |
The case of Rakusen v Jepson was recently heard in the UKSC. Appellant Rakusen was represented by Tom Morris of Landmark Chambers, the respondents meanwhile by Edward Fitzpatrick of Garden Court. However, the intervenor on the side of the Respondents were apparently represented by Charles Bishop and Justin Bates, both ... |
Is it common/normal for barristers of the same chambers to represent opposing sides in a case? |
Authorisation under [section 5](https://www.legislation.gov.uk/ukpga/1968/27/section/5?timeline=false)<sup>1</sup>, Firearms Act 1968 is required but only if the criteria in the [Home Office Guide on Firearms Licensing Law](https://www.gov.uk/government/publications/firearms-law-guidance-to-the-police-2012) at [Chapter... |
A couple of months ago I've read that hosting google fonts on your own server is a better but maybe slower solution as loading content from google servers is already something that the users must be informed about due to submitting your IP to google.
Now I am realizing that basically the same thing is true for conse... |
How can consent-banner as a service be GDPR compliant? |
[Wikipedia :][1]
> Charles's wife, Camilla, will be crowned alongside him as queen consort. (...) This will be the first coronation of a consort since that of his grandmother Queen Elizabeth (later known as the Queen Mother) in 1937.
In addition to this, wives of Kings of England are styled as "queen consort", wh... |
Why is there a consort coronation for female consorts but not for male ones in the United Kingdom? |
Why are defendants in trials for alleged criminal violations of the 1917 US Espionage Act, -- as, say, Julian Assange would be if extradited to the US -- not afforded the same right to an open and public jury trial that all other defendants in criminal cases are allowed? Is this patent violation of the defendant's Fir... |
Why no right to a jury trial in Espionage Act trials? |
[This answer][1] explains the difference between a void and voidable contract:
> Void means it never happened
> Voidable means someone has the right to declare it void (q.v.)
If a contract was signed due to economic duress, is it void or voidable? Can the victim choose to enforce the contract if s/he so wishes... |
Void vs. Voidable Contract Due to Econmic Duress? |
> If a contract was signed due to economic duress, is it void or
> voidable?
No.
Economic duress is not a ground to find that a contract is void or voidable. |
[This answer][1] explains the difference between a void and voidable contract:
> Void means it never happened
> Voidable means someone has the right to declare it void (q.v.)
If a contract was signed due to illegal economic duress, I understand the contract can be voided. But is it automatically void or is it ... |
Econmic Duress Induced Illegally Makes a Contract Void or Voidable? |
[Tag:england-and-wales]
Bob, as the car's registered keeper, will get a [Notice of Intended Prosecution](https://www.legislation.gov.uk/ukpga/1988/53/section/1?timeline=false) which stipulates he has to name the driver at the relevant time.
Although he cannot be compelled to name her, he commits an offence if he ... |
Rakusen v Jepson is a high profile RRO application case, in which the Applicant’s name typically comes before that of the respondent when the case is referred to. In this one, Rakusen is the name of the landlord (ie respondent party), yet their name seems invariably to be cited in front. Why is this? |
Why is Rakusen v Jepson cited in that order? |
Why are defendants in trials for alleged criminal violations of the 1917 US Espionage Act, -- as, say, Julian Assange would be if extradited to the US -- not afforded the same right to an open and public jury trial that all other defendants in criminal cases are allowed? Is this patent violation of the defendant's Six... |
[*Rakusen v Jepsen*](https://www.supremecourt.uk/cases/uksc-2021-0188.html) is a high profile Rent Repayment Order (RRO) application case, in which the Applicant’s name typically comes before that of the respondent when the case is referred to. In this one, Rakusen is the name of the landlord (ie respondent party), yet... |
Why is Rakusen v Jepsen cited in that order? |
[Tag:england-and-wales]
Bob, as the car's registered keeper, will get a [Notice of Intended Prosecution](https://www.legislation.gov.uk/ukpga/1988/53/section/1?timeline=false) which stipulates he has to name the driver at the relevant time.
Although he cannot be compelled to name her, he commits an offence if he ... |
[Wikipedia :][1]
> Charles's wife, Camilla, will be crowned alongside him as queen consort. (...) This will be the first coronation of a consort since that of his grandmother Queen Elizabeth (later known as the Queen Mother) in 1937.
In addition to this, wives of Kings of England are styled as "queen consort", wh... |
[This answer][1] explains the difference between a void and voidable contract:
> Void means it never happened
> Voidable means someone has the right to declare it void (q.v.)
If a contract was signed due to illegal economic duress, I understand the contract can be voided. But is it automatically void or is it ... |
This has been a topic of debate in recent years, as memes often include images or videos that are copyrighted. Some argue that sharing a meme constitutes fair use, as it is typically used for comedic or satirical purposes. However, others argue that sharing a meme is no different from sharing any other copyrighted mate... |
Can a person be held liable for copyright infringement for sharing a meme on social media? |
Under Florida law ([316.0083][1]), an officer can view the infraction and issue a notification of infraction "to the registered owner of the motor vehicle involved in the violation". Thereupon, the owner has the right to remedies under [§318.14][2], which include arguing that the owner did not commit the infraction. Th... |
> If a contract was signed due to economic duress, is it void or
> voidable?
No.
Economic duress is not a ground to find that a contract is void or voidable.
(For clarity, this answer was written before the question was edited.) |
Is evidence of rumours of a defendant's racism unhelpful in a defamation case involving accusations of cheating? |
> Can a person be held liable for copyright infringement for sharing a
> meme on social media?
Unless some other exception applies, yes. There is no specific exemption from copyright law for sharing a meme on social media.
Generally speaking, since sharing a meme on social media involves publishing the entire wo... |
> Can a person be held liable for copyright infringement for sharing a
> meme on social media?
Yes, unless some other exception applies.
There is no specific exemption from copyright law for sharing a meme on social media.
Generally speaking, since sharing a meme on social media involves publishing the entir... |
> Can a person be held liable for copyright infringement for sharing a
> meme on social media?
Yes, unless some other exception applies.
There is no specific exemption from copyright law for sharing a meme on social media.
Generally speaking, since sharing a meme on social media involves publishing the entir... |
Economic Duress Induced Illegally Makes a Contract Void or Voidable? |
Here is an example of a first tier tribunal case reference number: BIR/00CN/LVE/2012/0001.
The case being Scriven & ors v Calthorpe Estates & ors.
In the reference, the first section appears to be Birmingham, apparently the tribunal’s geographic division in which it was heard, while the penultimate section appe... |
How are first tier tribunal case reference numbers formulated? |
Can I use a common meme that contains a celebrity for advertising purposes without the celebrity’s permission?
For example, the Jim Halpert Whiteboard Meme. This is a very common meme.
Can I use this meme in the format “X is a problem, and My Company is the solution” as an advertisement for my company without Jo... |
Can I use a celebrity’s likeness in a meme for advertising purposes? |
> If a contract was signed due to economic duress, is it void or
> voidable?
No.
Economic duress is not a ground to find that a contract is void or voidable.
> is it automatically void or is it voidable by the victim if they
> choose?
Some kinds of conduct do give rise to a duress defense to a contract... |
> If a contract was signed due to economic duress, is it void or
> voidable?
No.
Economic duress is not a ground to find that a contract is void or voidable.
> is it automatically void or is it voidable by the victim if they
> choose?
Some kinds of conduct do give rise to a duress defense to a contract... |
[Wikipedia :][1]
> Charles's wife, Camilla, will be crowned alongside him as queen consort. (...) This will be the first coronation of a consort since that of his grandmother Queen Elizabeth (later known as the Queen Mother) in 1937.
In addition to this, wives of Kings of England are styled as "queen consort", wh... |
> If a contract was signed due to economic duress, is it void or
> voidable?
No.
Economic duress is not a ground to find that a contract is void or voidable.
> is it automatically void or is it voidable by the victim if they
> choose?
Some kinds of conduct do give rise to a duress defense to a contract (... |
> Could the Federal government say that if you are not vaccinated
> against Covid then you lose your welfare benefits? Would it be
> constitutional?
>
> What I am asking is, would a federal law (passed by congress)
> requiring people on welfare to be vaccinated be constitutional?
For the most part yes. Arguabl... |
A case this year (2023) addresses this:
> Shah v. NYP Holdings, Inc., 2023 WL 266511 (N.D. Ill. Jan. 18, 2023).
From the court's ruling:
> Shah’s claim raises an interesting question: who should hold copyright
> in a photograph when the photographer only takes the photo upon being
> asked? The law, with stri... |
A case this year (2023) addresses this:
> Shah v. NYP Holdings, Inc., 2023 WL 266511 (N.D. Ill. Jan. 18, 2023).
From the court's ruling:
> Shah’s claim raises an interesting question: who should hold copyright
> in a photograph when the photographer only takes the photo upon being
> asked? The law, with stri... |
A case this year (2023) addresses this:
> Shah v. NYP Holdings, Inc., 2023 WL 266511 (N.D. Ill. Jan. 18, 2023).
From the court's ruling:
> Shah’s claim raises an interesting question: who should hold copyright
> in a photograph when the photographer only takes the photo upon being
> asked? The law, with stri... |
A case this year (2023) addresses this:
> Shah v. NYP Holdings, Inc., 2023 WL 266511 (N.D. Ill. Jan. 18, 2023).
From the court's ruling:
> Shah’s claim raises an interesting question: who should hold copyright
> in a photograph when the photographer only takes the photo upon being
> asked? The law, with stri... |
I was reading [this blog post][1] which states:
> The good news is that the courts classify the eviction process as a
> “summary action,” meaning that it is about as quick a legal process as
> can be. There is no discovery allowed, and the tenants do not have
> the opportunity to submit an answer and/or counterc... |
Can a Tenant File a Counterclaim in Summary Eviction Proceedings? |
The facts are not described clearly, but the bottom-line question is "was the rent actually paid?". For example is the total over-paid rent is equal or greater to the amount owed for the current month, then the tenant is not in arrears. It is s defense to an eviction that you do not owe money. As explained [here][1], i... |
ipc 375 relates to rape. which says
[ A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the... |
what does the term "makes her to do so with him or any other person" mean in IPC section 375 and in what contexts is it used? |
ipc 375 relates to rape. which says
[ A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the... |
ipc 375 relates to rape. which says
[ A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the... |
ipc 375 relates to rape. which says
[ A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the... |
## Voidable ##
[tag:australia]
[Duress][1] must be “illegitimate” pressure by one party on another and can include illegitimate [economic][2] pressure.
> Historically in Australia and other jurisdictions, the concept of economic pressure was not considered a legitimate basis for common law duress. This changed... |
IPC 375 relates to rape, and says
> A man is said to commit “rape” if he—(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the v... |
IPC 375 relates to rape, and says
> A man is said to commit “rape” if he—<br>(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or<br>
(b) inserts, to any extent, any object or a part of the body, not being the penis, in... |
Defendant accuses Plaintiff of cheating in a competition. Plaintiff sues Defendant for defamation.
Plaintiff has heard rumours that Defendant is racist. **Assuming these could be substantiated in some way:**
1. Plaintiff did not actually bring it up in the lawsuit. Would it have been unhelpful for Plaintiff to ... |
Indian penal code defines "force" as
[ A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s b... |
how is "force" in Indian law interpreted based on section 349 of the Indian penal code? |
Indian penal code defines "force" as
> A person is said to use force to another if he causes motion, change of motion, or cessation of motion to that other, or if he causes to any substance such motion, or change of motion, or cessation of motion as brings that substance into contact with any part of that other’s b... |
Generally speaking, the TOS of social media platforms have in common that they do not give the user the right to any "due process." If the platform wishes to cancel, block or suspend the user, they can do so with impunity. The platform can exercise its sole discretion and the user has no right to due process or a fair ... |
Are social media TOS invalid because lack of due process and mutuality creates an unenforceable illusory contract? |
Generally speaking, the TOS of social media platforms share certain common features.
They do not give the user the right to any "due process." If the platform wishes to cancel, block or suspend the user, they can do so with impunity. The platform can exercise its sole discretion and the user has no right to due proc... |
Generally speaking, the TOS of social media platforms share certain common features.
They do not give the user the right to any "due process." If the platform wishes to cancel, block or suspend the user, they can do so with impunity. The platform can exercise its sole discretion and the user has no right to due proc... |
Defendant accuses Plaintiff of cheating in a competition. Plaintiff sues Defendant for defamation.
Plaintiff has heard rumours that Defendant is racist. **Assuming these could be substantiated in some way:**
1. Would it have been unhelpful for Plaintiff to bring this up in the lawsuit (given that Plaintiff did ... |
The Instanbul documents states:
> In 1999, Russia was one of the signatories of the Charter for European Security, which "reaffirmed the inherent right of each and every participating State to be free to choose or change its security arrangements, including treaties of alliance, as they evolve."
I have heard that... |
What legal character does the Istanbul document have? |
The Instanbul documents states:
> "We reaffirm the inherent right
of each and every participating State to be free to choose or change its security arrangements,
including treaties of alliance, as they evolve. "
I have heard that the Instanbul document is a declaration of intent, not a treaty. What is the lega... |
I live in the UK and an renting out a flat in Netherlands, my tenant gave me the deposit but the agreement states he has to pay one month in advance. Two weeks have passed since we signed contract but still no money.
**If the tenant hasn't moved into the property yet is there a way to terminate contract on the s... |
I live in the UK and am renting out a flat in Netherlands, my tenant gave me the deposit but the agreement states he has to pay one month in advance. Two weeks have passed since we signed contract but still no money.
**If the tenant hasn't moved into the property yet is there a way to terminate contract on the s... |
I'm watching Better Call Saul right now and I'm at the bit where Jimmy is suspended and Kim gets in a car accident and it got me thinking: if someone were disbarred, would it be legal under US law for them to do act as a disabled lawyers eyes or hands, or would this in effect be practising law without a license even if... |
Can someone who has been disbarred act as a scribe for a disabled lawyer? |
[Wikipedia:][1]
> Charles's wife, Camilla, will be crowned alongside him as queen consort. (...) This will be the first coronation of a consort since that of his grandmother Queen Elizabeth (later known as the Queen Mother) in 1937.
In addition to this, wives of Kings of England are styled as "queen consort", whi... |
I'm watching Better Call Saul right now and I'm at the bit where Jimmy is suspended and Kim gets in a car accident and it got me thinking: if someone were disbarred, would it be legal under US law for them to do act as a disabled lawyer's eyes or hands, or would this in effect be practising law without a license even i... |
> Can a person be held liable for copyright infringement for sharing a
> meme on social media?
Yes, unless some other exception applies.
There is no specific exemption from copyright law for sharing a meme on social media.
Generally speaking, since sharing a meme on social media involves publishing the entir... |
> Could the Federal government say that if you are not vaccinated
> against Covid then you lose your welfare benefits? Would it be
> constitutional?
>
> What I am asking is, would a federal law (passed by congress)
> requiring people on welfare to be vaccinated be constitutional?
For the most part yes. Arguabl... |
What's the legality around using a parimutuel betting format for events in general (i.e., outside of horse or greyhound racing)? I haven't seen any references where a parimutuel betting system is used for political or economic events. It's not clear whether this is due to 1) technology constraints, 2) legality or 3) pu... |
What's the legality around using a [parimutuel betting](https://en.wikipedia.org/wiki/Parimutuel_betting) format for events in general (i.e., outside of horse or greyhound racing)? I haven't seen any references where a parimutuel betting system is used for political or economic events. It's not clear whether this is du... |
Many times, in UK legislation, the structure is of numbered sections, like 1., 2., 3...
Sometimes a subsequent act will insert sections that append lettered suffixes to the numbered section identifiers that precede their placement position within the act being amended, so that you might easily end up with sections 1... |
Why are inserted legislation sections often preceded by a "z"? |
> Are there any examples where Judicial Review has not been the process used to deem an act unconstitutional?
Any and every time a jury nullifies an act, law or edict intended to prosecute a fellow citizen on grounds of unconstitutionality, with or without a rationale given in the verdict. Also when Congress acts wi... |
Why are inserted legislation section identifiers often preceded by a "z"? |
Sometimes one finds a reference to section 8zb of a law, and proceeds to refer to the law on legislation.gov.uk, only to realise that there is apparently no section 8zb there. One then has to google section 8zb uksi YYYY/NNNN, and then if one is lucky, they may find the law that effects section 8zb's insertion to the f... |
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