texts: Seizure of automobile as a result of a judgement

texts:
I am a landlord in Pennsylvania and am in the process of an eviction of a very bad tenant. There will be a judgement for back rent and damages, however, the personal property of the tenant is pure junk with one exception.

The exception is a car that has a lien on it. The current loan holder of the vehicle has a lien and can turn off the vehicle remotely and at will.

Is the vehicle subject to seizure for repayment?

Once the property has been seized by the Sheriff, what is the procedure for the disposal of the asset according to law? (In general terms.)

For example, Would I be able to attain the right to sell the property? How would the original lien be settled? If there is insufficient asset value to properly secure the amount owed to me taking into account the previous lien, how is that settled?

I realize this seems a bit broad, however, this question should be answerable in just a few simple paragraphs. Any reference to actual PA law will certainly help to keep the answer short.

I have been going around and around looking for the answer in PA law, and so far, what I have seen pertains to Commonwealth seizure of assets in criminal proceedings and is not clear in civil proceedings.


texts: Definition of privileged information in investor law

texts: Person X makes a scientific discovery about some new metallic alloy. She then reasons that as a result of its applications, the market for some other metal will drop. Is she allowed to short the stocks of some company trading in this other metal, before she publishes her result? I would appreciate pointers on this area of legal finance.


texts: Constitutional limitations on criminalizing behavior in US law?

texts:
I'm wondering about the limits put on which behaviors the legislature can criminalize in US law. I'm wondering about things like, could clearly harmless behavior (say, lifting a pack of gum with your left hand on a Tuesday) be criminalized without the law being unconstitutional, or how much discretion does the legislature have to determine whether it wants to consider behavior harmful.

As an example, in German law the Grundgesetz starts with an enumeration of fundamental rights that get divided into liberty rights and equality rights by legal theorists depending on what the individual right protects. Art. 2 GG acts as a generic right to liberty in case any of the specific liberty rights (such as freedom of assembly, of the press, of religion) don't cover something. A law criminalizing wearing blue lipstick for example would be a clear violation of Art. 2 GG, so the legislature is limited in that sense.

Question: What constitutional limits exist for US lawmakers to criminalize behavior?


texts: Can an immigrant create a new business while their green card is pending?

texts: My fiance is hoping to form a new business in the United States, but she is wondering if she can create a new business (example, LLC) while her green card is pending?


texts: Contradictory rulings by two circuit courts?

texts:
How often do two circuit courts issue contradictory legal opinion (my layman's understanding is that they would tend to use the earlier opinion as precedent, so that shouldn't happen too often?)
If that happens, and Supreme Court doesn't get involved in the issue - for example by refusing to hear either of the two cases - what happens then with the issue as far as subsequent cases arising in legal system?


texts: Do lawyers have intentions to establish precedent?

texts:
I'm curious about the motivations of lawyers.

It's often thought that lawyers are a service, like doctors, and will take any case presented to them, regardless of subject (within their area of expertise).

Are there also communities of lawyers who have a specific motivation to influence law or establish precedent? By that I mean lawyers who only accept cases (or even those who aren't accepting cases at all and instead seeking them out on their own) on the merit of being able to argue for a ruling that would either question an existing law, force a ruling (and precedent) on an existing issue, or cause a previous law or ruling to have different guidance established? Are there conventions or discussion areas so that a layperson can learn what types of issues are important to the legal community?

Or does their bar accreditation require them to provide some sort of access requirement by the public?


texts: I live in the UK. I was awarded a prize to the value of about £50. At the time the organisation that gave me the prize believed I was the correct recipient, and I did too. However, a few days after receiving the prize it was found that I wasn't the correct recipient. I was told to give the prize to the real winner. Before I could give the prize to this person though I lost the prize. My question is, was the prize still mine due to the fact that I was awarded it in good faith? Should I morally/legally pay for a replacement to be given to the real winner?


texts: Is it legal to charge GST2 of 2.5% in Australia?

texts: I recently bought a meal at a restaurant and when I looked at the receipt later I noticed that it shows a GST2 charge of 2.5%. As far as I know there has only been one GST rate in Australia since it was introduced: 10%. Some items, like basic food, are GST-free, so effectively they have a GST of 0%. I've never heard of GST being charged at any other rate in Australia. Is this legal?


texts: Is it a bad idea to put a garden over a gas main?

texts:
I put my garden within 100 feet of the gas main (the one that supplies gas to hundreds of houses), and now the gas company is concerned about where it is. Do they have a right to be if other trees have established themselves closer to the line for many years, and it's on the neighbors property, not ours? I did investigate with the neighbor who's a real estate agent before doing anything.

Since when does the gas company have any right to say what homeowners can and can't do on their own land as long as it doesn't interfere directly with the line (i.e. digging it up, or within a foot of it)?


texts: Can the jeopardy of being judged be fought against in court?

texts:
Can the right to take people to the court be itself subject to judicial challenge?

In other words, if someone attempts to sue you, would you ever be able to successfully argue in the court to prevent them from doing so? (Let's exclude the obvious cases where a person is declared vexations / abusing the process and is prohibited from filing lawsuits).

Will the answer change if "attempts to sue" is replaced with "attempts to prosecute" — in jurisdictions where the right to prosecute is not exclusive to the state i.e. private prosecutions are allowed? Can the jeopardy of being prosecuted be litigated against?

The right to sue seems fundamental and untouchable, but what are the doctrines behind this?

(If the question is too broad, let's assume common law / English-centric jurisdictions).


texts: How did the "Wise Honest" end up at the US (and not Indonesian) custody?

texts:
Context: US seizes North Korean coal ship for violating sanctions
The relevant (US) legal document is here.

The ship was detained in Indonesia for violating local maritime laws, and the captain was convicted there. The US thinks the ship violates US sanctions, and issues a warrant. So far this is understandable. But then the US gets the custody of the ship. How was it justified? Is there a legal priority given to the United States in such a capture (vs the country where the ship is detained)?


texts: In Texas, can a single roommate sign a lease renewal that is binding for all roommates?

texts:
I am in a leasing contract that ends at the end of May. I just found out that my roommate had gone to renew the contract in March, since otherwise the rent would have increased.

The renewal is a single page document which includes the statement..

THE SIGNATURE OF ONE RESIDENT IS BINDING UPON ALL RESIDENTS

I do not wish to continue on this lease, is this renewal actually binding for me?
How can someone sign a renewal that is legal binding to me when there is no such statement that "one roommate signing is binding to all roommates" in the original lease.

Also, if it is not binding, is it legal for the leasing agency to have that statement printed on the document? Isn't it a misguiding statement?


texts:
A person lives in Germany and owns a business which is in debt. They are afraid they will lose their child and be sent to "debt jail".

Is this a real possibility?

Is there any liability protection between an individual and their business in Germany?


texts: Inter-jurisdictional arrest issues (USA, UK)

texts:
My question centers around this:

  It may harm your defense if you do not mention when questioned, something you later rely on in court.

Which is something I've heard told to arrested suspects in the UK. Here's my question.

If an American is arrested in the UK, and keeps his mouth shut despite the warning in the block quote, and (after the red tape with the consulates) stands trial in the UK, is his defense harmed, or is the simple explanation that "He is American, and treated UK officers like US officers," sufficient for the Jury?
This Question seems to imply that yes, it ought to be, as the item in the quote is for the defendant's benefit.

I'm also interested in the reverse. Suppose a UK suspect is arrested in US, and remembering the UK warning, speaks to the police. However, because he isn't a lawyer, phrases some aspects of his speech in a less than ideal manner, which the officers later use against him in court.

How, and to what extent, have the US and UK defendants harmed their defense?


texts: Do I have to pay taxes if I register the domain but the website income belongs to someone else?

texts:
If I am the registrar of the website domain name, meanwhile the website/business is running and registered in another country, who is obliged to pay taxes for the income of business, me as registrar of domain or the owner who runs the website/business in their country?
I tried to do a research but I didn't found any answer to this specific question. Would be happy if I have your help here. Thanks in advance


texts: Accident with borrowed car -- whose insurance will apply to satisfy legal requirements?

texts:
Assume my friend and I are both licensed and have insurance for our own cars, but we're (obviously) not listed under each others' insurance plans.

Let's say one of us borrows the other one's car (with permission) and has an accident.

Whose coverage is responsible at that point to satisfy the legally mandated insurance coverage? I am trying to figure out whether I would have all the insurance that I would be required to have if I borrowed another driver's car instead of using my own, and if so, who would be providing it. I assume that's only coverage against damage to others (which should go under liability insurance?) but if I'm wrong please correct me.

Is the lender's insurance supposed to cover it?
If so, wouldn't this not make sense? Insurance companies look at your driving history (& risk) when they offer you a plan, and if the borrower has a poor history, you've increased the company's risk without their knowledge, right? It would seem to open insurance rates to abuse.
Is the borrower's insurance supposed to cover it?
If so, wouldn't this not make sense? Insurance companies charge you differently based on what and how many vehicles you want covered, so wouldn't borrowing someone's Lamborghini suddenly open your insurance company to a massive risk without their knowledge again?

My guess would be that only my own insurance should matter for this regardless of what car I use, but I don't know how insurance companies do their risk modeling.

If they think people might be riskier with different cars (e.g. maybe I'm riskier with stick-shift than with automatic transmission, I don't know...) then I could see this not automatically being the case, since suddenly I have a higher chance of having an accident and harming someone else, and they might demand more to protect against that. Or maybe the other driver's insurance comes into play too, maybe because, who knows, insurance companies might think risky people are more likely to lend to risky people.


texts: Can one legally barter services if each party declares they are donating the service?

texts:
I've read where the IRS will try to enforce the "real market value" of a service and require you to pay tax on it. I'm wondering how enforceable this is, and if you can get around it if its less than $500 in value or if you declare that it is a "donated service" on each side.

https://www.irs.gov/uac/four-things-to-know-about-bartering-1


texts: What might've spurred why default judgment can be signed against a defaulted defendant by plaintiff's claim, but not by defendant's claim?

texts:
From: Small Claims Court: Procedure and Practice (4th edn., 2017), p. 48.

'Rule' refers to the Rules of the Small Claims Court, O Reg 258/98. This post involves only liquidated claims.

  [p. 198:] Unliquidated Claims (Rule 11.03)

  A defendant who fails to deliver a defence to a plaintiff's or defendant's claim where
  all or part of the claim is for an unliquidated amount may be noted in default pursuant to Rule 11.01 However, the plaintiff may obtain a default judgment in an unliquidated claim only if all defendants have been noted in default (Rule 11.03(1)).

  [p. 208 Bottom] The clerk cannot sign default judgment in an unliquidated claim.

  [p. 267] If a defendant by defendant's claim fails to file a defence within the prescribed
  time, she may be noted in default. However, the clerk cannot sign default judgment
  against a defendant by defendant’s claim who has been noted in default. Judgment
  against a defendant by defendant’s claim who has been noted in default must be obtained at trial or on motion (Rules 10.05(2) and 11.04).


texts: Telephony Operations on Federally Enrolled U.S. Indian Reservations

texts:
Question: Are telephony operations on Federally Enrolled Native American Indian Reservations exempt from the
  Telephone Consumer Protection Act of 1991  ?

Are there any interpretations of TCPA-91; which would allow one to infer that telephony operations within the boundaries of a federally enrolled US Native Indian Tribe are exempt from the act ? For example are telephony operations "on the rez" allowed to make contacts to phone numbers on the "do not call list."


texts:
I have read on wikipedia that for every adult the (U.S) targets on average 9 children gets killed, Trump ordered a strike on Iranian Military Leader in Baghdad.

is targeted killing legal or atleast in this case?
can those who perform these operations be arrested and prosecuted?
can a new war begin between the two countries?

(https://www.google.com/amp/s/www.wsj.com/amp/articles/leader-of-iranian-revolutionary-guard-s-foreign-wing-killed-11578015855)


texts: Is it illegal to pre-check the email opt-in option for an html form?

texts:
Email opt-in and opt-out for online registration forms is subject to GDPR compliance rules.
However, I don't see any information out there about whether it is ok for an email opt-in checkbox to be pre-ticked, before a user chooses whether to opt in or out of a mailing list. A pre-checked checkbox would require a user to uncheck it, if they wish to be opted-out for emails.
My Question:
Is it illegal to pre-check the email opt-in checkbox in a registration form, forcing the user to uncheck the box if they choose not to receive emails?


texts: Creating a partnership - what is the single entity?

texts:
Question: Where or whom do I register the 'name' of a general partnership with?

I have read that a general partnership doesn't need to have any legally binding (state/federal) document stating the owners/location/name etc. (although most references signify a need for a contract between the two partners). I have also read that there needs to be a potential registration with a state (in the form of 'registering the business' or 'registering the name').

This is all in addition to creating an EIN which seemed fairly straightforward.

But as I understand it, all assets/liabilities pass through to the owners anyways so there doesn't have a be a legal entity necessarily in control.

Basically, when I read the following

If you co-own the content with other individuals,
you must form a legal entity to own and receive payments for your content.

And am asked to provide

Company Legal Name (As written on bank documents)

Does that mean something more than just creating a joint bank account & getting an EIN? Such as some sort of official registration?

More info:
Wisconsin, United States -
Software Publishing electronically

Thanks in advance for any help.


texts: Does rape really need to include a penis in England and Wales?

texts:
According to Wikipedia, rape occurs in English law when "a man penetrates another person with his penis without the consent of the person being penetrated" but any sexual act that does not include a penis is not classified as rape.

This is very counter-intuitive to me, especially since this definition seems to care more about perpetrator's body than about the victim's body (the classification changes if penis is replaced by any other object but does not change according to the orifice being penetrated). The Wikipedia page linked above also mentions the crime of "assault by penetration", which apparenty carries the same maximal penalty as rape but I wasn't able to find any data about minimal or average penalty, or about wider consequences of being charged with either crime (such as being barred from certain jobs or having to disclose one's criminal history in some contexts).

I'm trying to wrap my head around this situation. Do I correctly understand that technically a person cannot be convicted of rape in England and Wales for a sexual assault that did not include their penis? Is "assault by penetration" the same as "rape" for all practical purposes and it's just a surprising naming convention, or is there genuine differece? I'd also love to learn if this naming convention lead to any issues (e.g. rape victims objecting to not having their assaulters charged with rape, etc.).


texts: Is it possible to copyright general game character themes?

texts:
As many tabletop and also computer games have quite unique themes for characters I'm wondering there if those can be copyrighted and thus similar ideas brought to court for copyright infringement?

As example if we take a computer game like Prototype. Then the character theme would be "undead shapechanger who needs to absorb others in order to take on their shape and needs to absorb his own kind in order to increase his powers".

Going mainly there about European law, but I think US law is similar enough there.


texts: If you purchase the keys to a room/house/building, do you have the legal right to enter?

texts:
In a TV show, one of the characters buys a storage locker. In that storage locker are keys. Then he goes to the place that the keys open and lets himself in.

My question is this:

By purchasing the keys, are you also purchasing the right to enter the location?

If no, what would you be charged with? Trespassing?

If yes, why?


texts: Tenant responsible for removing a tree he planted in a rental property?

texts:
I have a tenant that is moving out after his second lease with us and he has planted a tree of unknown type within three feet of the home. He has provided notice of leaving and I'd like to be certain that he should be responsible for removing it if there is any possibility that it will compromise the slab foundation plumbing or building structure.

A secondary question is there are three palm trees that he had planted during his original stay with us over 10 years ago, not this current lease. Would he still be responsible for removing them or have I inherited this after he had originally moved out?

ATM I believe I am responsible for his original trees but he would be responsible for the new trees planted at the start of his current lease.


texts: Terms of Self Defence in public place in UK (England)?

texts:
I have question about when self-defence applies and charges are not put on a person who was hit, in English Law, in two scenarios:

Let's say John and Jane have a discussion which gets heated but no swearing and insults are thrown, also their tone/voice level isn't loud/agressive. They seem rather peaceful, but, suddenly, John hits Jane and Jane hits back.
Jack and Jill have as well a discussion which also get heated but, unlike with John and Jane, they swear at each other. Their voices are loud and agressive in this case. Jill hits Jack and Jack hits back.

What are the outcomes in both cases for these people? What consequences would be for someone under 18 or 16 and for someone over 18?

In your answers I'm particularly interested in: Legislation/Act name, explanation/brief summary, way to prove how an event happened, charges and your source of information/law.


texts: Does charging people to drive them around the city make you a taxi service in the UK?

texts:
Consider the following scenario in the UK?

I'll pick up 1-3 people unknown to me beforehand with my privately owned and privately insured vehicle
I'll drive them around the city for an agreed amount of time and drop them off at the exact point I picked them up
They will pay me an amount of money agreed to before the trip

Is this a taxi service? Do I need a commercial/taxi licence?


texts: Texas Landlord Tenant Law Billing Admin Fee

texts:
This month my landlord billed me a total of $10.66  for combined water/sewer, recycling, pest control and compactor disposal.(Not bad) However, they tacked on a 15 dollar "billing admin fee". This admin fee was not disclosed in rental quote paperwork or by word of mouth during the sales pitch.

Unfortunately, after close inspection of my lease I found this clause buried among the walls of text.

  Additionally, to the extent allowed by applicable law, Resident shall
  pay Owner’s standard Non-Refundable Billing Administrative Fee of
  $15.00 (if no amount is identified, the Non-Refundable Billing
  Administrative Fee shall be $15.00) assessed on the first bill to
  Resident charging Resident for services not included in the Rent (such
  as cable service, long distance telephone service, Owner’s standard
  trash fee and recycling fee and other services).

So my question is what is the "extent applicable by law" with regards to billing admin fees? Can it really be legal to be charged an admin fee that is almost 150% of the actual billed services?

I tried to find information in the Texas property code and the only thing i could find was this.

  Sec. 93.012.  ASSESSMENT OF CHARGES.  (a)  A landlord may not assess a
  charge, excluding a charge for rent or physical damage to the leased
  premises, to a tenant unless the amount of the charge or the method by
  which the charge is to be computed is stated in the lease, an exhibit
  or attachment that is part of the lease, or an amendment to the lease.
  (b)  This section does not affect a landlord's right to assess a
  charge or obtain a remedy allowed under a statute or common law. (c)
  This section does not affect the contractual right of a landlord that
  is a governmental entity created under Subchapter D, Chapter 22,
  Transportation Code, whose constituent municipalities are populous
  home-rule municipalities to assess charges under a lease to fully
  compensate the governmental entity for the governmental entity's
  operating costs.

Which would point me towards the charge being legal. However I am surprised I could not find any information regulating the amount of billing fees or price gouging.


texts: Irish citizenship revoked if I live abroad after naturalization?

texts:
I have been searching about Irish naturalization requirements on the internet since quite some time and I see all the usual requirements: 5 years residence, Good character, Attend a citizenship ceremony and make the declaration of fidelity etc.., where one additional requirement was Intention to reside in Ireland after citizenship is granted.
Now look at this page which mentions this:
Residing Outside of Ireland After the Grant of Citizenship

When a person submits their application for Irish citizenship, they are asked if they intend to have their usual place of residence in Ireland following naturalisation and the answer to this is always yes. There are occasions where people’s circumstances change which results in them leaving Ireland, for example due to offers of employment or family circumstances. Under the Irish Nationality and Citizenship Act 1956 as amended, the Minister for Justice has the power to revoke a certificate of naturalisation where an individual has been ordinarily resident outside of the State for seven years unless they have registered their intention to retain their Irish citizenship. This is done by submitting a Form 5 (Form CTZ2) Declaration of Intention to retain Irish citizenship by a naturalised Irish citizen residing outside of Ireland. The Form 5 (Form CTZ2) Declaration of Intention, Version 6 Jan 20
must be lodged with the INIS, or with the nearest Irish Embassy or Consular Office to a person’s location. We strongly advise all naturalised Irish citizens to file the Form 5 if ordinary resident outside of Ireland to ensure that they retain their Irish citizenship.

It is about the "intention to retain Irish citizenship" if a naturalized person has resided abroad (outside Ireland) for 7 years. If they still want to keep their naturalized Irish status, they have to fill this form so that Ireland does not assume that they no longer wish to retain it.
Most countries require residence beforehand. Some require it afterwards. The US used to require this, but that is no longer the case now. Germany does not. Ireland does, but here it seems that a naturalized person can anyway live abroad for periods longer than 7 years just by filling that form (that basically declares the intention to RETAIN citizenship).
Based on Irish law, specifically the Irish Nationality and Citizenship Act 1956, can I live abroad after naturalizing as an Irish citizen and retain my citizenship just by filling that form? Will Ireland revoke my citizenship on the basis that I left Ireland after I naturalized (while "intention to live in Ireland" was a requirement for naturalization)? If it were a country like UK or New Zealand, it would straightaway revoke citizenship by claiming misrepresentation of the intention to reside. Does Irish law require me to reside compulsorily in Ireland after naturalization?


texts: Are state marriage records publicly accessible online? Is there a database (free or subscription-only) where such information can be found?


texts:
In many movies featuring a court scene, the judge is seen pounding a wood hammer on the desk to either silence the court room, or to announce a decision.

Why do judges use a hammer? Is it only a Hollywood movie feature, or does it happen in real life? If it is the latter, what is the history behind this tradition?


texts: My employer filed a report against me and refuses to pay me

texts: I was working at a an old Mansion turned into a hotel and I had the keys for it so one night I went in after hours without the owners permission and brought some friends. We caused absolutely no damages. My boss found out and filed a police report but by the time he told me about it he said he had taken it back. That happened in August. In October I quit and when I tried to get my paycheck he told me I had an arrest warrant that he thought he took care of but apparently not. Every conversation I tried to have about getting my check he turned into my arrest warrant. Apparently he’s fixed it now and I no longer have an arrest warrant but now he’s saying I owe him $225 for the lawyers. The hours he owes me are 22 hours and I got paid 10$ an hour. I called him asking to get paid and he threatened to just put the arrest warrant back on because I supposedly owe him. I was considering going to the department of labor but I don’t know. If I do can he just put the arrest warrant back on me? If he does will I really go to jail for that? Should I just let it go? He’s also very involved with politicians here in New Orleans so he’s got friends in high places. I just don’t know the laws that could help or hurt me.


texts: Mobile home park in California charging extra fees for television service

texts:
I live in a mobile home park in California. Recently, the park announced that our TV service will be provided by the park and instead of paying the TV provider, we will be paying the park directly.
CA Civ Code S. 798.25(e) says

Any amendment to the park’s rules and regulations that creates a new fee payable by the homeowner and that has not been expressly agreed upon by the homeowner and management in the written rental agreement or lease, shall be void and unenforceable."

However, CA Civ Code S. 798.32 says

(a) A homeowner shall not be charged a fee for services actually rendered which are not listed in the rental agreement unless he or she has been given written notice thereof by the management, at least 60 days before imposition of the charge.
(b) Those fees and charges specified in subdivision (a) shall be separately stated on any monthly or other periodic billing to the homeowner. If the fee or charge has a limited duration or is amortized for a specified period, the expiration date shall be stated on the initial notice and each subsequent billing to the homeowner while the fee or charge is billed to the homeowner.

These 2 sections seem to contradict each other. Is this a violation of the first section? Or is this in compliance with the second section? Or something else completely?


texts: Why would a company choose to make a "Pledge" or "Covenant not to Sue" instead of simply licensing a patent?

texts:
In 2006 Microsoft published their Commitment not to Sue which applied to many patented specifications.

In 2014 Tesla made their Patent Pledge, which applies to every patent that Tesla has now or in the future. It specifically mentions that:

  the Pledge is not a waiver of any patent claims ... and is not a license, covenant not to sue, or authorization to engage in patented activities ...

If Microsoft or Tesla wished to allow others to implement their tech, why not simply give everyone a license to use their patents? What is the difference between a Covenant not to Sue and a Pledge?


texts: How does Australian law consider a marriage in which one person has subsequently transitioned?

texts:
In Australia:

Same sex marriage is not currently legal. This extends even to same sex marriages from other countries, which "must not be recognised as a marriage in Australia".
At both the federal and state levels, there is broad support for officially changing your gender.
There is case law affirming the marriage of a transman and a woman as valid.

But how does Australia law consider a marriage between two persons, who at the time of their marriage were officially identified as a man and a woman, but subsequently one of whom transitioned?

If they officially change their gender, and so are considered by law to be that new gender, is their marriage, which is now effectively a same sex marriage, still considered a valid marriage?

Or, in the states with civil unions, would the couple now be considered only to be in a civil union rather than a marriage? (And for the states without civil unions, would they be considered to be in only a de facto relationship?)


texts: What does "No Order on Count" mean as an disposition of a charge?

texts: I'm looking at some case histories from the Cook County, IL criminal courts, and some charges have a disposition of "No Order on Count." What might that mean?


texts: Is it illegal to reverse engineer an unsecured API

texts:
Is it legal to reverse engineer an unsecured API?

Simple REST API used in Android app
No SSL (just straight HTTP)
Passwords are sent in plain text over this HTTP API

I ran the Android app and placed wire shark in the middle of the connection with a simple man-in-the-middle attack. I could then examine how the API calls were structured, and created my own program that used the API and displayed the same data in better ways.

The API has not been explicitly released or documented for public use.


texts:
In a recent court case in NC, USA, the appeals court upheld that the trial court did not make a mistake in forcing a person to choose between counsel and testifying.

Basically, the court appointed lawyer said the client was going to lie, and the judge granted his motion to resign. As such the defendant was left with private counsel, or representing himself.

I thought there was a law against choosing between testifying and having counsel? Also the right to a public defender couldn't be just taken away?

Key exchange:

  THE COURT: Is he going to have retained counsel by then or is he going to represent himself?

  MR. CAMPBELL: I would let him speak to that, if that's appropriate.

  MR. SMITH: I'm going to make an attempt to retain counsel, Your Honor. If I am unable to, I will represent myself.

What happens is the court asks will he retain counsel or represent himself, effectively taking away the right to public counsel, at which point he says he will try to get counsel. By not offering the right to public counsel, they effectively took away his right to public counsel.


texts: If costs are always awarded to the party who offers settlement, then how'd the offering party've failed to specify costs?

texts:
Source: Ontario Small Claims Court - A Practical Guide (2011). p. 221 Bottom.

  §11.16 Of course, the Rules Committee had various options open to it in the
  event the offer to settle failed to speak to costs. [1.] One option would be to let
  the parties bear their own costs. If the defendant were self-represented, he
  would probably take for granted that each side would assume his own costs.
  This would not be an unreasonable assumption.

  §11.17 [2.] A second option would be always to give costs to the party accepting
  the offer, whether he be plaintiff or defendant.  I think that that accepting
  party would be rather surprised but nevertheless grateful if that were the
  normal rule.` [3.] A third option would be to give costs to the offering party in all
  cases, regardless of whether he were plaintiff or defendant. But that entitle-

p. 222 Top

  ment to costs would be rather unfair to the unsuspecting accepting party,
  who would argue that a failure on the part of the offering party to specify
  costs is his fault. The offering party should not be able to capitalize on his
  own mistake.

I don't understand the gray. 1. How'd such an offering party fail to specify costs?

How's this failure (on the part of the offering party to specify
costs) be his fault? What's his mistake?


texts: Impersonation - promoting contents to make it look like it's coming from someone else

texts:
We have 2 people, person A and person B.

Let's say person A decides to fabricate contents and made it look like it came from person B and promoted it to anyone and everyone.

Person A made it look to where person B was writing about himself, his family, friends, and others and has caused discord among everyone. Not only this but he was able to figure out where B lives, works, etc and continues to ruin personal and professional relationships because of the things that were spread. And as a result, ruins person B's character, his ability to work with others, and live a normal life.

What are the legal implications of all of this?

Meaning, what could person B do to pursue some sort of legal action against person A?

Is this strictly a civil lawsuit type deal or could there be criminal elements to this? I'm assuming that if person A were to illegal access person B's information somehow, that could be considered criminal, but if we just go by the first 3 paragraphs, what can be done?

Would impersonating someone with the purpose of trashing someone's name and promoting it be enough to pursue something more than a civil case?


texts: Can I record an arrangement of another composer's music and upload it to YouTube?

texts:
I'm writing this orchestral arrangement of two of John Williams' compositions (Imperial March & Kylo Ren's theme). I will use a program to create a synthesized recording and want to upload it to youtube.  No commercial use of the work will be made.

Is this legal?


texts: Why do legal documents often have a place next to the date?

texts: I am talking about Switzerland. So why is there often a line for the place next to the date? Is it for some historic reason, to be easier to archive or is it to prevent fraud? Does anybody know more since when this is done and why?


texts: What would count as reasonable grounds for refusal of a pet?

texts:
I'm currently renting a flat and have been for 6 months now. The tenancy agreement states:

  Not to keep any domestic animals or birds in the Premises without the prior written consent of the Landlord or his local office, such consent not to be unreasonably withheld, delayed, or withdrawn unless subject to the terms of the headlease.

Is there anything I could do to plead my case? And would they still be able to find reason to deny permission?

Thanks


texts:
In at least the US and UK lots of items that are sold in multipacks come with a notice on them that often reads:

  Not for individual resale

That always strikes me as slightly odd - it looks like it's intended to be a contractual term that I can only see after opening the outer packaging and in a situation where I wouldn't expect any terms to apply other than between myself and the retailer/wholesaler.

If I were to choose to ignore that and split multipacks to sell them later would the manufacturer of the product in question have any recourse against me? (In either of the aforementioned jurisdictions)


texts: Should I settle with a car insurer (Uber) and reimburse a medical insurer after car accident? (subrogation)

texts:
I was a passenger in an Uber ride, and there was an accident. I had medical treatment, paid with my medical insurance from work, and now they want to get a reimbursement (subrogation). This is totally understandable.

Now, the two car insurers (from Uber and the other car's) have agreed to pay for the expenses, but apparently they want to settle with me directly. So, I would have to take their money, and then transfer it to the medical insurer. Is that how these things work?

I am a bit surprised because apparently I should mediate between the different parties: the car insurers would give me money to pay the bills, and then I would transfer the money to cover the medical expenses (subrogation). Does it make sense at all?


texts: Copyright of a children's song with no author or date information

texts:
As a follow-up on Copyright of children's folklore songs, artist A wants to use the melody of "Five little ducks". The song is not on the list of public domain songs. A sound recording of the melody and the score are on Wikipedia; the lyrics and an animated video are on a US government website. Even so, Artist A cannot find author or date information.
How can artist A assess whether a melody such as this one is copyrighted or in the public domain?


texts: Can I publish a DJ mix that uses Creative Commons-licenced music with the No Derivative parameter?

texts:
If I record a DJ mix (in which songs are synced, layered and faded in and out) that contains Creative Commons-licensed track with the "No Derivative" parameter (for example, CC BY-NC-ND 3.0), am I allowed to publish it to download on a website like the Internet Archive? Am I even allowed to publish it for streaming on a website like Mixcloud, like I would with a mix using standard "all rights reserved" music?

My example is this mix I built from all CC-licensed tracks taken from the Free Music Archive. I assume it is fine to put on Mixcloud as they seem to respect legal imperatives, redistribute royalties and do not allow downloading the recording. But does this mix actually constitute a derivative, and does a CC licence that includes "ND" allow for even less than a standard "all rights reserved" track?

Is it any different to a podcast which includes a CC-ND track (potentially with some fading, and even some talk over) and allows to download it?


texts: Terms and Conditions for websites often include provisions pertaining to Copyright Law. To what extent can those Terms and Conditions, as a contract, alter standard copyright law and Fair Use? Can they be more protective than copyright protection? If the terms and conditions give permission to use some information, but then later the terms and conditions change, could that be an infringement of copyright law?


texts: What is the proper way of handling non-USPS packages for long-gone tenants?

texts:
I moved into a rental home around 2 years ago immediately on the heels of a previous tenant. I experienced the usual "mail overlap" period of a few weeks, during which I was happy to pass letters & small packages either back to our carrier. These trickled away and I felt like things had settled.

Then, the first "big box" came.

It seems the previous tenant works in sales/marketing, and about once a month I've gotten large packages from various marketing firms. Most of these are shipped via non-USPS carriers (UPS & FedEx are most prevalent here, though I've occasionally seen DHL as well). Initially, I tried taking these to our property managers, but they informed me that they had no forwarding info for the previous tenants and that I should follow up with the delivery folks instead. Our landlord was similarly stumped regarding getting in touch with the former tenants. I spoke to a couple drivers and was told that they could take them, but that they would likely be redelivered. I tried this and had the packages redelivered multiple times by different drivers before giving up.

I called both UPS & FedEx and was told that I could hang onto the packages for the tenant or destroy them (I got this from both different companies twice - I didn't believe it the first time, either). FedEx offered me the option of adding a special rule that packages addressed to the previous tenant would not be delivered here, but there's a further complicating factor - we share almost the same name.

Whereas I'm "Kyle Robins" (pseudonym), the former tenant was "Kyle Robinson" (also pseudonym - but really, the similarity is kind of creepy). So when I suggested taking advantage of the "don't deliver to this person" feature, the rep was kind enough to warn me that there may be some missed mail due to name confusion. I do a significant portion of my business online and a few missed packages could translate to "can't pay my rent this month", so that's a pretty big concern for me. Ultimately, the same rep informed me that I could hold or destroy the packages.

I tried calling some of the companies listed on the package return addresses, but most of them are just printshops and couldn't give me any info about specific ordering companies I could call to try and rectify the situation. A few suggested I open the packages to get more info, but honestly opening a package not meant for me scares me more than just throwing the whole box out uninvestigated.

After over a year of having these poster-sized packages accumulating in a corner, I tossed the lot of them into the bin. Since then I've received others and done the same, but it worries me more every time I do so. I'm approaching the 2-year mark with no contact from the former tenant, and I'm curious: is there a proper way to handle this situation? Does the US Code mentioned here apply to non-USPS vendors as well? I feel like I've done everything I could be reasonably expected to so short of buying a shed to store "other-Kyle"'s boxes for him, but I don't want something important to slip by for both of our sakes!

As a clarifying point: These are all large, mostly unmarked boxes - nothing hand addressed or customized. There were some similar packages left in the attic when we moved in full of pamphlets/foldouts/posters, leading me to believe these are the same sorts of things. Anything obviously personal has come & gone via USPS - I suppose I would just hold an obviously personal package or Amazon delivery from another carrier indefinitely.


texts: Is it legal to rewrite a Java (OpenJDK) library into another programming language under GPL?

texts:
Is it legal for me to re-implement a Java library in another programming language under the GNU General Public License (GPL) version 2 (text)?

I would mimic their exact API (package, class, and method names) except replacing the trademarked word “java”.
The source code taken from the OpenJDK project for Java SE 8 would be used as a guide to write the equivalent as closely as possible line-by-line in the other language.
All of this would be made publicly available easily on a source-code sharing site such as BitBucket.com or GitHub.com. These files would include the necessary prominent notices and licenses statements as required by the GPL.

As an example, the source code from java.util.HashMap.

The Gnu.org FAQ, What does the GPL say about translating some code to a different programming language? says that translation to another programming language is treated like other modifications, acceptable if all terms of GPL are met.

I would have thought the GPL’s very purpose is to allow such freedom. My confusion stems from the Oracle versus Google appeal ruling  of 2014-05-09 by the United States Court of Appeals for the Federal Court. That ruling upholds copyrightability of an API, which I can understand. What I do not understand is why that copyrightability issue is relevant given the source code is available under the GPL.

I suppose their are two core parts to my question:

Is the GPL rendered impotent if the original publishers decides to pursue a claim of copyright violation against anyone forking or imitating their GPL-licensed work? How can Oracle claim damages from infringing copyright on code published under the GPL?
Is there any other restriction beyond the terms of the GPL that would bar me from producing an open-source rewrite/translation of a Java (OpenJDK) library in another programming language?


texts: Does a subsequent signed version of an amended contract/offer override previous signed versions?

texts:
In the USA, suppose party A offers a contract to party B, who signs and returns said contract to A. The contract is a single document that has a few "sections" that each have a place to sign to show acceptance of that "section".

Now suppose that before any material action is taken by either party to proceed with the contract, A offers B what is essentially the same contract but with some minor amendments (e.g. change of start date), which B then signs and returns to A. Fullfilment of the contract proceeds on both sides using the amended terms (eg the actual start date of the contract is the start date as per the amended version).

Does the signed copy of the second version of the contract override/replace the first completely?

More specifically, suppose B initially opted to approve/accept a particular section in the first version, but decided not to opt for that section in the second version and so did not sign that section and further suppose that A did not notice the change in acceptance. Much later, after a lot of work has been done and delivered by both parties, A asks B to comply with the particular section, but B points out to A that B didn't accept that particular section in the second version and B refuses to comply.

Can A compel B to still accept the terms of the particular section because it was accepted in the first version and that section of the contract didn't change?

Or does the issuing and signing of a second version open the door to B accepting the sections differently, especially given that the behavior of both parties aligned with the second version - both A and B started fulfilling their obligations on the amended start date.

The section is question does not affect the way in which the main part of the contract is fulfilled. For example, it might be the notice period required to terminate the contract without penaltya, or similar "exit" terms that wouldn't be realized until B wanted to leave the contract.


texts: Can a California county restrict redistribution of its GIS products? (even if I FOIA the data)

texts:
Alpine County, CA makes a Parcel Map available for a certain fee. Many other counties make this data available for free but Alpine County charges some $1.3k to acquire it. This part is fine, and I imagine that if I FOIA'd (or CPR'd) the data it would still come out to be that sum of money. I don't mind paying this, except that I'd want to be able to redistribute this public information.

However, the compulsory license agreement they require from me to get it restricts such use. Is it legal for them to restrict access even if I FOIA/CPR'd this data from them? I'd prefer to just buy it from them normally but if I have to pay that amount to FOIA it, I can do so too. The key is I want to be able to give it out for free like the other counties do.


texts: Legal to dock pay for (alleged) damage to merchandise?

texts:
I got a temp job to make some money.  I quit, as they were docking my pay so much that I made no money.  I can't imagine this is legal.

First, the backstory.  This Virginia toy reseller purchased 20,000 light up necklaces to sell to a theme park.  They received the shipment from a distributor in China.  When they came in, they realized the breakaway clasp was way to tight.  It was extremely hard to snap and unsnap.  Essentially, they weren't breakaway.  They felt this was a danger, as if the necklace was around someone's neck and it got caught while on a ride, it could be a serious hazard.  They found if they used a specific tool, they can shave down the plastic and make it easy to breakaway.  That's where the temps come in.

Three temps came in to do the work.  It was independent contract work and they were paying $0.19 per piece.  If a piece was damaged, they were charging $3 per piece, as that is what they were selling it for to the theme park.

We settled into an assembly line, where I was unpackaging the necklaces.  The next person was shaving them down and the next was getting them ready to be repackaged.

We did 1684 in 2 days.  At $0.19 per piece, that's $106 per person.  Today, they said, 96 of those were unusable.  That's a 94% success rate.  They said they were charging us the $3 per piece, split amongst the 3 of us.  That $288 split three ways, docking us each $96.  However, I didn't damage any of the pieces, as I was just unpacking them.

Today, we switched to everyone doing their own work.  I did 75.  Out of those 75, 72 were good, making me $13.68, but losing me $9.  A 96% success rate, netted $4.68. At that point, I realized there was no money to be made and I quit.

In roughly 2.5 days of work I made $14.68.

I asked to talk to the president of the company.  I explained the situation and he said those were the rules.  I told him I didn't damage any of the first 96 and that with only 3 bad today, I still made no money.  He said he "understood where I was coming from."  Really?  Thanks.  I said I would check with a lawyer to see if this was legal.  His lips trembled at this.  It obviously hit a nerve and he got upset and was close to yelling.  He still said that he owed me no more than the $14.  However, due to his reaction, I have a feeling he can't be charging us $3 per piece and he knew it.

So I have two questions:

Can they dock $3 per piece?  I'm sure they didn't buy it at that rate, that's what they are selling them for.
Can I be held responsible for the 96 damaged pieces that I didn't damage?


texts:
Context:
Location: Colorado, USA

I was renting with a lease agreement but I needed to leave early and break the lease. The landlord withheld my security deposit and correctly notified me with an itemized list of reasons and associated costs. The single largest item is a "re-rental fee" (this was a 4 digit dollar amount).

Looking at Colorado law, the landlord can withhold some or all of the security deposit only for specific reasons including things like damage and:

  "reasonable costs of re-renting, such as advertising"

I'm sure a "re-rental fee" is not a "cost" that they incurred. I helped them find their new tenants which moved in promptly so there was no advertising or outstanding rent. "Cleaning" is listed as a separate line item.

Colorado law also states:

  When tenants move out before the end of their lease term, they remain
  responsible for rent until the property is re-rented or until the
  lease has expired, unless they have another agreement with the
  landlord.

It would be a simple case since the property is re-rented, except my lease does include the "re-renting fee" in case of early termination.

Question:

Is this clause in the lease invalid because the law does not allow for any such withholding of the security deposit?

Where can I find similar legal cases which have already been resolved to show a precedent?

Simplified Question:

Can a lease specify reasons for withholding a security deposit beyond what the law lists as allowable.

Supporting documentation

The related text from the original lease agreement follows:

  If the tenant moves out prior to the natural expiration of this Lease, a re-rent Levy of $[4-digit-number-redacted] will be charged to the Tenant.

Quotes from 38-12-101 - (7):

  Any provision, whether oral or written, in or pertaining to a rental agreement whereby any provision of this section for the benefit of a tenant or members of his household is waived shall be deemed to be against public policy and shall be void.

and 38-12-103 - (1):

  Nothing in this section shall preclude the landlord from retaining the security deposit for
  nonpayment of rent, abandonment of the premises, or nonpayment of utility charges, repair
  work, or cleaning contracted for by the tenant

Reasons for withholding...

  Reasons for withholding security deposits ...
   - Nonpayment of rent
   - Abandonment of premises
   - Nonpayment of utility charges
   - Nonpayment of repair work or cleaning contracted for by the tenant


texts: If the US Supreme Court were to hold a US President in contempt, what could happen next?

texts:
What happens if the President defies a Supreme Court decision? Can he be found to be in contempt? What happens then? What enforcement actions can be taken, and who can take them?
I am asking because the President usually enforces judicial decisions, and because this President has often been at odds with the courts.
Are impeachment and elections, two political processes, the only remedies in such a case?


texts:
Not sure it is the right place to ask this question. Feel free to migrate if appropriate.

Suppose there is a piece of state legislation I am interested in. Is there an easy way to obtain a record of the debates that led to its adoption?

For instance : I would like to know what motivated legislators to adopt https://www.tncourts.gov/rules/rules-civil-procedure/4703 and in particular Rule 47.03, amended by order filed February 1, 1995, effective July 1, 1995; and by order filed January 31, 2003, effective July 1, 2003.

Any chance I could easily

get my hand on some material explaining the motivation for the rule and its two amendements?
Find out what the two amendements changed with respect to the rule formerly in place?


texts: Can someone sue me as a customer service representative?

texts:
I'm new to this job and it seems that a company that I work for sued a lot of customers and also many customers sued it. Some customers say to me if you didn't do it now, we're going to sue the company. My reply is like I should follow the instructions of the company and you should wait for few days. So I just follow the instructions regardless of what the customers will do as a consequence.

Today, a customer told me that he will sue me personally as a part of the company. He was also recording my voice to have an evidence. I had to flow the restrictions and the instructions of the company as usual. My question is: Can someone really sue me because I'm an employee in a company? I'm not the owner. I'm just a representative. I'm an intermediate stage between (the owners, the managers, and the different departments) and (the customers).

Let's make things more complicated. I'm not responsible only for delivering the correct message. In the beginning, I said to the customer wrong info because I made a typo while entering his ID into the system (the software). Then, I realized and corrected the info. Now, he has the recording that contains both wrong and correct info. Can he sue me for saying some wrong info to him in the beginning?

I'm giving this case as an example but I'd like to know what happens to something like that in general. I deal with customers from different nationalities so I'd like to know what the international law says about this kind of cases or what most of the laws in the world say bout them. Answers from different countries are accepted as well especially USA.


texts:
Are silver dollars (Morgan/Peace) legal tender coins or just collectible items?
Is a fake Morgan/Peace dollar counterfeit currency?


texts: I will have problems if I name my app like an existing company?

texts:
I'm doing a crossplatform software, for now unreleased.

I have created the software (is a backup platform), the website, the logo and everything else anyone should have for making a successful application.

Worth noting that all is unreleased, and exist for now only on my PC.

Surfing the web searching for a good web domain to register I've found that a Dutch ISP has the same name of my application, and it's site (off course) has MY-WANNA-BE-APPLICATION-NAME.nl.

At the end of the site's footer theres:

MY-WANNA-BE-APPLICATION-NAME 2017 ©

I've not released all my work yet, so I could easily change it. But I would be very sad, cause I like a lot that name.

I really don't know anything about trademark or copyright so I'm asking: can I have issues if I use that name to release my application on various store (NB: there's no "conflicting" app with the same name) and/or if I want to protect/register my application/application name legally speaking?


texts: GDPR - Storage and processing of student email addresses

texts:
I'm writing some software for use in a school. An essential function of the software is to email students using their school provided email account.

My question is, does GDPR apply to the storage and processing of solely student email addresses?

The email addresses are of the format <student-id>@<schooldomain>.sch.uk.

I will not be storing any PII that can link the email address to any particular individual, further than their student ID number, and this will be accessible only to individuals (teachers) who already have access to full student records in other computer systems.


texts: Heraldic Law and Jurisdiction of armorial assumption

texts: In countries where armigers (persons or corporations bearing a coat of arms) must prove their entitlement to such (eg. most legal traditions within the UK, Canada, and other Commonwealth realms) what laws govern armigers bearing foreign arms (eg. a German, French, or American armiger in the UK)?


texts: Property rights on product for specified region

texts:
Company A has developed product incorporating owned intellectual property. Can Company A sell intellectual property rights for this product for Company B just for defined geographic region (for example Vietnam)?  Is it relevant if Company A is an EU entity?

UPD. Looks like I need licensing for defined region. Actually company B is asking company A customize product that company A is developing in general according regulations in specified region. Company B is planning to buy this product from A. I need to create development agreement for this purpose in which I'm planning license IP to company B. Would you help me with sample agreement or any other resource that could help me describe section regarding IP in this document.


texts: What are the basic legal requirements I have as a website owner?

texts: Let's say I run a basic website with no special legal concerns. What legal issues does every website have that I should know about?


texts: Could my parents change my birth name without me knowing?


texts:
What happens, or what remedies are offered to a plaintiff, when a defendant in a civil action does not provide complete discovery?
Suppose:

The plaintiff requested discovery of "all emails sent by defendant pertaining to subject X"
The plaintiff actually has an authenticated copy of at least one of the defendant's emails pertaining to subject X
The defendant did not include that email in discovery

In this scenario the plaintiff has evidence (#2) that the defendant failed to provide complete discovery.
If the plaintiff raises the missing evidence in court then the defendant could say, "Sorry, that was an honest oversight.  We reviewed our material and believe that's the only thing missing from our discovery."  (An astute plaintiff might have held another relevant document in reserve, and could now produce that one, and the defendant could respond, "Oops, I did it again.  Honest mistake." Etc.)  I don't see any way for a tribunal to distinguish between honest mistakes and intentional withholding of adverse evidence.
The plaintiff could argue based on a single relevant omission, "The defendant concealed material evidence. Falsus in uno, falsus in omnibus."  Does that apply?  For example: Does the plaintiff then get a presumption that all facts that could have been supported in discovery are sustained?


texts: Protection of a person from the laws of the country (marriage in Israel)

texts:
If a person is a citizen of the country that prohibits or limits his right to marry, what are the legal ways for this person to protect his/her rights to marry?
An example is Israel that prohibits marriage of a non-jew to a jewish person.
Is there an international law to protect his/her rights to marry to a person of his/her choice?


texts: Is there a legal definition of an "annual report"?

texts:
When a statute talks about an annual report of an organization, is there a way to know what that means?  Is there a dictionary definition of an annual report that you can point toward?  Or if the definition of an annual report is unspecified, can the report writer come in at the last minute and write "annual report" in crayon on a napkin and legally call that an annual report? (I'm being dramatic with that example, but in general...?)

Example:

The Director has the following duties/functions:

K. To prepare and submit to the commissioner an annual report of the office's operations, activities and goals;

http://legislature.maine.gov/legis/statutes/10/title10sec8003.html


texts:
Are there any legal problems that could arise in changing my legal first name that I may not consider?

For example, I'm a US citizen and how difficult would it be to get my passport and social security card changed? Would this legal first name change affect me negatively in other ways in regards to the law?

I'd like to change my legal first name from something like "David" to "Dave". I have good reasons for this; live in Washington State and know the process; and my family has always called me "Dave" (even my parents), never "David". I've also signed many non-government forms (both paper and online) with my "Dave" nickname.

Any words of advice from people that have actually changed their legal first names would be appreciated.


texts: Is parodying a logo (e.g. film logo) legal

texts:
Alot of graphic design tee shirt sites take images in popular culture and use them. An example of one using design elements and similar layout to Jurassic Park at the below link (it wouldn't let me attach an image)
https://www.qwertee.com/product/rawr
Is this legal without seeking permission from the rights holder of the logo? A grey area? Or are you able to parody logos like this and profit off them?


texts: I am paying a girls bills who has a restraining order against me, is it stalking/harrasment to pay her bills when she won't contact me?


texts: What can I do if my CCPA request is being ignored?

texts: I’m a California resident and requested to inspect my data with a certain tech company using their online form. That is now over 3 months ago. Two weeks ago, I followed up with them by email. So far I have not received any acknowledgment or confirmation that my request has been received. I read somewhere that companies have 45 days to respond to such a request but that they can also get an extension. In any event, I’d like to know for how much longer I should wait and what I can do if my request is not responded to?


texts: Can a woman deny a man information on what stands on a potential child of his birth certificate?

texts: If a man request information on whether he has been legally declared the father of a child by a mother, can the woman deny him this information? Talking about US jurisdictions.


texts: can police accept my guilt in a state of shock?

texts: can the police legally take my admission to a car crash when I am in a state of shock in the middle of a car crash? and if not under what act?


texts: Threat to remove company from a crowdsourced website

texts:
I belong to a service very similar to Glassdoor (much more smaller) for a niche in Europe. In this case Portugal. So, the people can:

Review companies
Review interviews
Add new companies

After two years, today we receive the first threat to remove a company from the platform. In our terms we explicitly say:

We disclaim any liability to users of the site, employers listed on the site or any other party, in relation to any claim for loss or damage.

We have a snapshot in wayback machine of our terms page since 2018 to prevent this scenario too.

Also, for instance, Glassdoor say they don't remove any page in any circumstance. They claim the law on their side.

This project is currently mainly an hobby, but growing, so in future I am expecting more similar requests.

My question is if I should worry or just ignore the threat .

If we start removing companies soon many companies will request the same treatment.


texts: Is it legal to read leaked classified documents (Wikileaks, ..)?

texts:
Is it legal for a random citizen to read classified documents that were publicly published by actors such as Wikileaks ?

Or should a citizen, once he knows that the document is classified, legally have to immediately stop reading, close the browser tab if the reading is done in a browser, etc ?

I'm asking this from the standpoint of a Belgian citizen. The question applies to :

can I legally read such documents that belong to my own country ?
can I legally read such documents that belong to the U.S.A ("allied nation") ?
can I legally read such documents that belong to North Korea ("hostile nation", probably less agreements between our nations)
bonus : can a U.S.A citizen legally read such documents that belong to the U.S.A government ?
bonus : can a U.S.A citizen legally read such documents that belong to an allied nation, such as Belgium ?

Thanks alot ! :)


texts: Are there any legal precedents regarding the enforcement of a country's laws on its citizens abroad?

texts:
I'm asking about the United States specifically but it would be valuable to hear about other countries as well.

Are there legal/constitutional arguments against the application of US laws on US citizens while they are abroad?

For example, marijuana is illegal by US law. Suppose an American travels to Canada where (starting next week) marijuana is legal, and smokes to his lungs' content. Can he be charged under US law for possession and consumption of an illegal substance? Would this be constitutional?

There are countless similar examples. Suppose an American moves to Saudi Arabia and marries 5 wives concurrently. Can he be charged for violating polygamy laws?

To summarize, does US law travel with its citizens wherever they go, or does leaving US soil remove US legal obligations?


texts: Is it legal to upload a photo from a public place without the subject's permission?

texts: For example, a buddy of mine recorded or captured a photo/video of someone let us say fighting or just talking in a public place such as the public road. It is legal to post it in social media even though that buddy of mine has no permission from the subjects in the photo/video?


texts: How do you obtain evidence for GDPR violations?

texts:
What happens when say company EvilkorP sends untrue information and/or information that it is not entitled to share to company Y, and EvilkorP asks company Y to mention some fact about the victim (you) that is only known by EvilkorP?

What do investigators do?


texts: Is a corrupt Attorney General able to quash any and all Federal investgations?

texts:
(I'll try to ask this in as non-biased way as possible)

If an Attorney General is part of a corrupt administration, would he or she be able to quash any and all Federal investigations related to that corruption as a way of protecting that administration?

For example, William Barr has been widely criticized for what some see as his acting more as Donald Trump's personal defense lawyer than as "the people's lawyer". Concurrent with this is the news that Rudy Giuliani, one of Trump's actual personal lawyers, is under criminal investigation by Federal prosecutors from the Southern District of New York. Some view this as a possible threat to Mr Trump.

Is the SDNY free to pursue the cases they want or do they need approval of the AG? If the latter, is it possible that a corrupt AG can "shut down" a case if it threatens their special interests?


texts:
Suppose there is a group of people being contacted by an outside agency at the business they are working at.  The outside agency is lying about a particular employee's behavior and convincing this group the person is not mentally well.  Would the outside agency be slandering the employee's reputation?  Thus altering opinions and behavior of other employees against the individual?  Even encouraging the group of employees to take action against the particular employee.
Would this constitute a slander lawsuit against the group of employees and outside agency?


texts: Can a government's open data license include a provision to not allow use that damages the "honor or reputation" of their agency as a moral right?

texts:
Moral rights are protected under CC BY 4.0 license and some countries are unable to revoke these rights in a license even if they want to.

However, the provision to not allow reuse in a way that dishonors the original data producer, misleads, etc. seems awfully vague. So vague, that a government could use such a clause to terminate somebody's right to use data simply because they do not agree with the way it was used.

Is this a protected moral right that can be included in a government's open data license and still fully meet the open definition?


texts:
I live in Denmark, and someone sent me an invoice of a work they did, they charged me for the job more than I expected, when I take a look at the CVR information online, it shows they have apparently the wrong category, since it says:

"702200 Company consultancy and other advice on management"

What they did was some cleaning job.

So what I'm wondering is, is this legal?.


texts: Selling equity out of a subsidiary not yet formed

texts:
Sorry if wrong stackexchange, not quite sure where to post this.

Background

We're setting up a self-organizing, horizontal and open company where ownership is (de facto) defined by dynamic shares (DS), which are created when a worker contributes towards the company. The legal implementation of this involves a company (C later on) that forms contributors agreements with the workers and acts as a portfolio buying the DS off the users.

Involved parties

A: An investor, individual, both wealthy enough to be concidered an accredited investor and falling in "friends or family" category, so probably no blocking regulations.

C: Company that de facto acts as a holding company buying the "dynamic shares" off the workers. De jure this is implemented by an elaborate contractual framework, where the contributing users are essentially contract workers. The contractual framework is somewhat complex, but we have that mostly figured out and it is not the topic of this question. The company has not yet been set up, but will be located in Ireland.

K: Placeholder limited liability company located in Finland. Has ended up doing things not directly related to C as well.

J: Main developer that needs money immediately to buy food etc.

What is happening de facto

A pays J money on a monthly basis for exchange of the dynamic shares he has created during that interval.

Planned legal relations

1) J<->K

J works for K as a freelancer. J gets paid. K gets the DS created by J during that time.

2) K<->C

Shareholders agreement etc documentation is set up so that C gets the DS owned by K and in exchange K gets a monetary equivalent of C's shares.

3) A<->C

A buys the shares of C from K. The interval between A giving K money (eventually enabling J to buy food) is estimated to be between 6 and 24 months.

Actual questions

1) seems pretty trivial and just the matter of handling things right in the contributors agreement.

2) seems again something that could be a bit tricky, but something that should be completely arrangeable based on my limited legal understanding.

What I'm wondering is what is the correct way to handle 3)? This shouldn't be that different from a run-of-the-mill company forming a subsidiary and selling equity out of it before it has been incorporated.


texts:
There is a company that I have run into that had a sudden review surge. In each of these 20+ reviews, they, as in individual accounts, review a combination of the  same places having reviewed by an advertising company who has reviewed all of these businesses as well. It appears that companies around the area are hiring this advertising company who then creates many reviews, even some local government services appear to be using this advertising companies service.

Is there anything illegal about this kind of practice?

Who would be the point of contact to mediate this?

Is this fraud if they haven't received the services?


texts: Copyright ownership rights of modified software

texts:
Say that I buy a ready-built marketplace platform that is a script sold on codecanyon, re-make that platform more than 60%, and basically make it work entirely different than what it was originally.
Would this classify the platform as my creation since most of the functionalities of the platform would be coming from the changes and new code I made to and not what the original developer made it like?
Simply put: would the original developer still have some significant copyright left on the matter?


texts: In the USA, can treason be protected by the First Amendment?

texts:
Mildred Gillars was convicted of treason September 10, 1948.  As I understand it, first Amendment protects unpopular speech, but is confined and not unlimited.  The classic example is that one can not yell "fire" in a crowded movie theatre and incite a panicked exodus.
I imagine free speech as a box: if the speech is within the box the content is protected by the first amendment.  Using the box analogy, Why is the Gillars radio broadcast not protected under the first amendment? How exactly did the Gillars broadcast "cross the line"?


texts: Faking your own death for taunting purposes

texts:
Suppose you cause it to be falsely reported that you have died, and your purpose is only to see your enemies gloating over your demise at your funeral and then being disappointed to learn that you are alive.  During the rite, you sit up in your coffin and sing an aria.  (Suppose the aria is not subject to copyright.)

Would there be legal consequences?

(A character in a certain novel claimed to have done this. I think he said the aria was from the opera Jesse James.  I don't think that opera exists in reality.)


texts: Changing mind about agreement before taking effect

texts:
If two parties A & B both agreed to sign off on a development program document on x date, where the development program document states the agreement will take effect on Y date, however A changes their mind and sends notification in writing to other party B stating they reject the program on date C, prior to/ before agreement takes effect on Y date

Does A have to continue to accept agreement or does it become null and void?


texts: Can intentionally providing climate change disinformation known to be false be construed as fraud?

texts: Can intentionally providing climate change disinformation known to the provider to be false be construed as fraud? Initially I was thinking that this might be consumer fraud by tiny little news outlets.


texts: Is this an infringement of their patent?

texts:
This company has a patent for a bath flower.

However, on Amazon I noticed that there are other sellers selling something similar, but with 5 or 7 petals, not 4 petals.

Are they infringing on the patent? Or is it perfectly legal to sell a product with a modified design?


texts: Does whistleblower protection apply to very minor violations?

texts:
This is a hypothetical example of the kind of minor violation I'm talking about. This is not an actual situation.
Suppose a company has the rights to use some music videos, so a boss tells an employee to use a grabber app to download the videos from YouTube. The employee says "Although we have permission to use the videos, it is technically still a violation of YouTube's licensing agreement to download them, and therefore I cannot get them this way." The boss fires the employee for refusing to do the work, and the employee alleges that this is wrongful termination/whistleblower protection because they were following the law.
Is there a possibility the court could say something like "This is a technicality that millions of people violate every day, and even Google seemingly doesn't really care. You should have just done as you were told." Or would they be more likely to say "The law is the law no matter what, and the employee was right to refuse to break it."


texts:
I am looking at leasing a commercial property, but one problem with it is that it has two parking lots, front and rear and the only way to get to the rear lot is by a very narrow passage that is about one car-width wide. Because there is no visibility, it is easy to see an accident happening there, one car coming in and another going out and hitting each other.

The reason for the narrow way is that a corner of the building on the property comes up against the lot line very closely like this:

The building is the tan thing above and the lines show the two abutting lots. Each side of the square is 100 feet, so you can see the gap is only about 8 feet wide. Both of the abutting lots are state lands which are dry but connect to a marsh, so they are held as "open space" by a state parks commission. I would like to get a small easement on these abutting lands to widen the parking lot at the corner so that two cars may pass by in safety.

Obviously I can request an easement from the state parks commission, but I am wondering if I have any legal grounds in Massachusetts to get a court-ordered easement for reasons of safety which would not require the cooperation of the parks commission.


texts: What legal action for auto shop cheating me?

texts: I got a coupon for a free service, went to the repair shop in the chain to it have it done. The guy told me I need to pay extra. I was shown an itemized list which seemed to list things that should be there in the covered service already. It seemed too fishy to me, as there was a banner outside stating the price (which was lower than the coupon value). I declined the service, and went to another shop in the chain later. Here, they gladly accepted the work with no extra pay demanded. Then, I was told the coupon was already claimed when they tried to process it. The sketchy first place must be the one doing it. This chain is a franchise, and shops are managed by local owners. What can I do in this c to ase to this cheater? The guy second shop I went to is really nice. I got the printout stating that the coupon was claimed. Thanks.


texts: Can an improperly drafted contract be invalidated?

texts:
Suppose that I hire a lawyer to draft a formal contract with another party.  (I, the lawyer, and the other party all reside within the U.S.)  The terms that I would like in the contract are well documented in written communication between me and the lawyer, and the lawyer agrees to put these terms into the contact.  The lawyer then drafts the contract, which is by nature long and complex (think hundreds of pages of dense legalese, such as in a venture capital funding deal or complex real estate transaction).  I do my best to read through the contract and discuss it with the lawyer, but ultimately must trust that the lawyer has done as we agreed.  I sign the contract and the other party does too.

Later, it turns out that some of my terms were not included or were misrepresented in the contract.  Do I have any recourse for invalidating all or part of the contract?  Would a successful suit against the lawyer for malpractice or negligence make any difference?  What is best practice for avoiding a flawed contract like this in the first place?  (For example, is it typical to hire a second lawyer to check the work of the first?)


texts: Use of non-commercial image benefiting someone else

texts:
My daughter is in a musical theater program that sells tickets for its end-of-term production. Can I use a CC-NC licensed image to promote the production on my social media accounts? I am not affiliated with the program and am not promoting it on the program's behalf.

Argument for: I am not compensated in any way if the program sells more tickets and I have no commercial benefit.

Argument against: My advertising of the production does have a clear financial benefit for the program itself as it sells more tickets.


texts: How fast can lawmakers go from ideas to laws?

texts: How fast can the idea for a law become a law?  What's the theoretical limit?  Assume that everyone is in agreement.


texts: Employer wants to know who isn't contributing to charity

texts:
My employer is asking every employee to donate to a specific charity via an online form. This seems reasonable. However, they are also requesting that those who don't contribute will still fill in the online form expressly indicating that they are not willing to contribute. They are really pushing this.

Is anything fishy with that?

Edit with additional info:

This is a US company
The online form link is emailed to employees, and also on the employee home page.
The online form is hosted by the charity itself, and not the company
The word "required" isn't used; phrasing is "please donate..."
I haven't asked HR about this


texts: Isn't the distinction between trial judges' oral vs. written decision specious?

texts:
Source: Representing Yourself In Court (CAN): How to Win Your Case on Your Own (2015). p. 187 Top.

       The judge (or jury) has made a decision, which was either:

  From the bench. This is an oral decision. Once the judge makes  an order orally, that is the law. It is effective immediately (un-  less
  the terms of the order or Court Rules specify otherwise).  There will
  also be a written copy of the judge's order.
  In writing. Usually, you will have received a copy in the mail.  This is usually effective when it is "entered" into the case docket.

Even if the judge didn't write, the stenographer would transcribe the judge's speech. So the judge's oral decision is still written by someone. A stenographer's transcription can differ from the judge's speech: but this wariness of stenographers appears  unreasonable: why trust stenographers at all?
If judges utter, before later writing, their decision, then the decision is both oral and written. But shouldn't the decision still be considered written because  the written decision would prevail, especially if the trial court's audio isn't recorded?


texts: What happens if debtor pays before enforcement hearing?

texts:
This is a hypothetical scenario.
I had an order which the debtor was not following. He paid me just before the enforcement hearing. What do I need to do to cancel the hearing, or should I attend and just say I was paid? For example what's the difference between a notice of withdrawal and an acknowledgment of payment? What is meant by "in full satisfaction"?
Also, the debtor paid me too much. He sent it by e-transfer with no explanation. Am I obligated to ask if this was a mistake?


texts: legal recourse against a company with no contact information

texts:
I have an online account with a company that provides no contact information. The company is charging me for services I don't want and is providing no way for me to cancel the services or get in touch with it. I could cancel the credit card that the company has on file but the company also holds property of mine (it is the registrar of my domain name) and I don't want to lose it. I am at the point where I am looking for legal solutions to this problem as I don't see any alternative.

Is there any legal requirement in the US for a company to provide customers a means to dispute charges or otherwise contact it? Is there any legal recourse I can take in this situation?


texts: Can my neighbor post signs on my side of the fence?

texts:
This is about a friend and not myself.  The situation takes place in Alberta Canada.

A friend of mine moved into his new home and the next-door neighbor demanded he pay for half the fence (Which was already existing) that separated their property.  My friend obviously declined such an obnoxious demand.

This caused somewhat of a feud between them which im my opinion certainly constitutes harassment, however the latest act was that the neighbor has reached over the fence to install a custom made "private property" sign that says:

"NO USE OF FENCE; no attaching, climbing, pushing, pulling, leaning or bouncing of objects.  NOT A BOUNDARY LINE"

The neighbor did pay for the fence and it is (supposedly) on his property, but it  feels questionably legal for him to be reaching into my friends property to post signs like this.

Is it legal?


texts: Can I pay an ex-relative not to use my family name and make it stick

texts:
I would prefer that my ex-daughter-in-law not use my family name as hers.  The divorce decree says she may do so.  She is motivated by money, so may be interested in changing her last name for a price.

My question is, Will it stick.  Is it possible to structure a legal arrangement with her to forbid her from changing her name back after a short (or long) time has passed?  (This is in the state of Georgia, in the USA.)

A monetary penalty will not be effective, since she has no funds and already has various creditors, some with priority.


texts: Question on Soliciting Positive Online Reviews in Exchange for Goods/Services

texts:
I was hoping someone more knowledgeable would be able to help.  I left a very honest three-star review online for the boarding facility where we have taken our dog several times.

It wasn't an overwhelmingly negative review being only three stars, but I did mention something that was very concerning to me.  They keep forgetting to document our dog's rabies vaccination, which makes me wonder how well they are keeping vaccination records with all the other dogs that stay there. I simply made a note of it in the review, which again was just an honest summary of my experience.

Anyway, a mere few hours later, they call my husband regarding the online review.  They asked him to ask me to update the review to five stars and basically retract everything I said.  In exchange, they would offer us two free nights of boarding.

There's no way this is legal, right? I can't seem to find a lot on the internet in regards to a business actually asking you to update a review in exchange for goods. I've had businesses offer an incentive for leaving a review, but in those situations they did not specify whether the review needed to be positive or negative. I was also aware of the incentive prior to writing.

In this case, I am being offered free services that are contingent upon me changing (read: lying) and updating my review.  Not only does that feel gravely wrong to me, but it really sounds alarms in regards to their boarding practices.   I think they are concerned that I brought up their lack of vaccination record keeping.  I don't know the legalities surrounding boarding facilities and what they are required to have, but their reaction to my review makes me think they are NOT engaging in legal business practice, and perhaps it is worse than I thought.

Does anyone have any more information on businesses soliciting customers to not only leave reviews, but to update negative reviews to positive reviews in exchange for goods or services?

Additionally, does anyone have any suggestions on taking further action? I am now genuinely worried that they are letting dogs stay there with zero vaccination records which is obviously a huge liability.  I feel like I am in a position where I should do the right thing and pursue this further.  I would want to know about this if I was any other customer here.

It's also important to note that the conversation regarding the exchange of goods was over the phone, so unfortunately I do not have written proof of this conversation.

Thanks in advance for your help!


texts: How do I convince google to take down this page which contains people's leaked e-mails and passwords?

texts:
Out of curiousity, I googled my own e-mail to see what kind of results would show up. To my surprise, I found a website (blogger) that contained people's e-mails and leaked passwords for a service. For obvious reasons, I won't disclose the link or what service. The author of the blog also has a bunch of other shady shit that seems related to pirating.

I used this link and followed these steps:

My request relates to blogger/blogspot
I would like to report the disclosure of private information or private nude images
I put my e-mail address, legal name, the url of the blog, "Other" as the type of personal information, and then translated the date to English (as the blog is not in English)

I sent this request a few weeks ago. Page is still up. Received no e-mail from google.

The remove content form seems woefully underwhelming and I suspect they ignored my request because I chose the wrong option. However, the form doesn't allow me to report it for copyright infringement if I say I'm not the copyright owner. "We are sorry, but we are unable to process your request at this time."

N.B: This is not related to Ashley Madison.


texts: Does allowing bets between people require a gambling licence?

texts:
Suppose that an app allows users to make bets among themselves. Based on the outcome being bet on, the winning party will receive payment from the losing party. Is this legal? Would this require a gambling licence?
If not, what are some things that would make it require a gambling licence?


texts: Keeping a user's agreement to service terms after the account was closed?

texts:
When new users sign up on my software as a service platform they have to agree to the terms and conditions. That they did so is stored in a database record along with the revision of the legal documents that are in effect at the time of the sign up.

When a user requests the deletion of the account I obviously should delete all data I have about the user.

However, my gut feeling says that I should at least keep the email address – this is how users identify themselves on my platform – as well as the database record about the agreement to the terms and conditions. Just in case I get sued.

This means I would keep some personal data of the user after the account was closed. Do you know any restrictions in Germany – where my business is located – or from any other jurisdiction that don't allow me to do so?


texts: making a contract that includes video licence

texts:
The best way to sign a contract online with international signers is to go with DocuSign or Adobe Sign being the witness to the contract signing.

if the contract is about granting licence for a video, than the video must be referenced unambiguously within the contract. And this is where the problems arise.

Unfortunately, electronic signature providers do not offer functionality of placing videos inside the contract. They do not offer anything, but the most simple text documents and images. basically, if it can't be printed, you can't place it in the contract. That includes zip files.

How do you make a contract including video license permission then? Adding a link of the video is a terrible idea, because web is dynamic, and the content to which the video is pointing may easily change over time.


texts: Can school send advertising messages through emergency notification text/automated calls?

texts:
I have been receiving calls and texts from my school, using their "emergency" notification service, advertising school events recently.  I provided my number to them in order to receive notifications of school closures or major emergencies, but without consent to use it for marketing purposes.

Is a school (as a governmentally run institution) exempt from the TCPA and other FCC regulations prohibiting marketing robocalls?  Or, is it legal due to the fact that they are not technically selling something (there is no cost to these events)?  Are there any legal hooks to pull on here to prevent them from abusing the emergency notification system for such reasons, or am I limited to solely political ones?


texts: Is it legal to discriminate in employment based on needing future sponsorship?

texts:
Currently I have work authorization to work in United States and I am actively looking for a job.

I was contacted by a recruiter of a "too big to fail" company and they asked whether I am authorized to work in USA without sponsorship now and in the future. Since I have my work authorization I am authorized to work but in future I would require visa sponsorship. I replied, "Yes, I am authorized to work in the USA but in future I would require sponsorship."

Within an hour the recruiter notified me that the interview was cancelled because the company does not sponsor visas for entry-level jobs.

The following paragraph appears in Form I-9:

  ANTI-DISCRIMINATION NOTICE : It is illegal to discriminate against
  work-authorized individuals. Employers CANNOT specify which
  document(s) they will accept from an employee. The refusal to hire an
  individual because the documentation presented has a future expiration
  date may also constitute illegal discrimination.

So is the failure to consider my candidacy for this reason illegal? I may need a visa sponsorship in future but I don't need any sponsorship to accept and start the job if offered.


texts:
We're creating an app and want to name it generically, like Calendar.

Calendar is already trademarked for alcoholic beverages except beers.

We want to make sure we're doing our due diligence in choosing a name.

What else should we consider beyond:

Corporate Entity Names
App Store Names
Trademarks
Internet Domain Names
Social Media Usernames


texts: Got a ticket in Quebec for violating pedestrian red light. Name spelled wrong

texts: Last year, I got a ticket from the police for violating a pedestrian redlight signal. They issued the ticket to me but spelled my name wrong. I emailed them to fight it in court, and now they have just sent it to my address for a hearing date. Should I go? Since the ticket is not issued in my name, I feel that it is not applicable to me.


texts: Issues with taking unofficial money from girlfriend when paying mortgage

texts:
Country: The Netherlands

Let's assume I have a girlfriend and want to buy an apartment. I take a mortgage completely on my own name and start living in the apartment with my girlfriend. Now I have several questions in case we would break up:

Let's assume I pay for mortgage on my own, but she buys some furniture, paints walls, etc. Does she have any rights on my apartment, or not?
Let's assume that officially I was paying for mortgage myself, but she is generous so she sends me 50% of my monthly mortgage payments to by bank account as an unofficial help. I don't think there is anything illegal with that. However, now if we would break up, she could go to court, show transactions and say that she was paying part of my mortgage. Is it possible that court would say that now part of the apartment belongs to her, or there is no way for her to prove that I was using that money as mortgage payments?
Similar situation in 2nd question, but additionally, I would like to note that in The Netherlands banks usually will not allow you to rent out apartment if you still own bank and are paying a mortgage. How would I prove to the court or bank that those payments were not her monthly rent payments to me?

When I say 'girlfriend', I mean completely unofficial. I am not sure how much would situation change if she would become my wife after me buying an apartment.


texts: Would dodging, or otherwise itentionally avoiding, being shot by the police be considered resisting arrest? Mainly regarding U.S. law, but interested if any other law adresses this.


texts: What methods exist to provide relief in criminal cases where the state refuses to prosecute?

texts: In this question it was shown that it is not possible to bypass the States Attorney before the grand jury.  But what relief exists in cases where Prosecutorial Discretion might be used to protect people who are powerful, influential, and/or friends of the Court?


texts: Can a state stop implementation of a bill passed in the parliament?

texts:
Yesterday Indian parliament passed citizenship amendment bill which seeks to provide citizenship to religious minorities which have to come to India before Dec 2014 as a refugee due to their persecution in Pakistan, Bangladesh and Afghanistan.

I know it can be challenged in Supreme Court if the President of India signs it which he is most likely to do.

Today Kerala Chief Minister said that he would not allow it to be implemented in his state.

So does a state in India has power to stop implementation of a bill unilaterally?