texts: What is the origin of rule that expensive necessities are necessities for minors with proper socioeconomic status?

texts:
I have been searching in several US contract law textbooks and on the web and I am unable to find the answer to this question.

As background, I understand minors (those under 18) generally have full capacity to contract for necessities and if something is not a necessity the contract is voidable by the minor. So, a contract for food, housing, etc. is fully binding on the minor but a contract for a solid gold panda is voidable by the minor.

The books go on to say that if a minor is from a "high station" that is, from a rich family, then an expensive necessity may still be a necessity. For example, expensive clothes can be a necessity to a rich minor while expensive clothes would not be a necessity for a minor or more moderate means.

The books, unfortunately, do not refer to the origin of this rule. Is it from a case? Is it in the Restatement? Is there legislation on this point? Everyone seems to talk about it like it is a given like the sun rises in the east.


texts: Do employees have personal liability when working for a company that violates the GDPR?

texts:
I work for a company that doesn't take privacy laws very seriously. As far as I can tell, they're woefully unprepared for GDPR and don't seem to care very much.

My tasks mainly consist of software development and maintenance, with some degree of systems administration, data analysis, and reporting.  I regularly come into contact with user data (including plain-text passwords).

Am I in any way personally at risk?

To what degree is "I was just doing what I was told" a valid defense (nothing is in writing though)?

If I quit my job before GDPR applies, do I escape any such liability from that employment?


texts:
Is it a GPLv3 violation for a project to charge a fee for downloading binaries?
Concretely I am wondering about this case: http://moodeaudio.org/
The project is clearly licenced under GPLv3 as stated on the website and uses open source software in it. However it is not distributed freely. A fee of 10$ is charged for downloading. Furthermore I can not find any links to the source code anywhere on the website.


texts: Is DPF removal on Australian diesels legal

texts:
I have a second hand 2010 Subaru Outback that is having major DPF issues, I have been trying to get a definitive answer if it is legal to remove the DPF according to current emissions standards in Australia NSW.

The document I am referring to is:
https://infrastructure.gov.au/roads/environment/files/Emission_Limits_for_Light_Vehicles_Euro_2_Euro_6.pdf

This document has a footnote regarding compression ignition diesel engines which contains the following:

  The “core” Euro 5 requirements which apply in ADR79/03 require
  compliance with all the technical requirements of UN Regulation 83/06
  except that ADR79/03:

  allows the provision of PM mass emissions data based on the previous UN R83/05 (Annex 4) Type I test procedure (with a PM mass
  emissions limit of 0.005g/km) in lieu of data collected under the
  revised test procedure (Annex 4a of UN R83/06) which specifies a limit
  of 0.0045g/km);
  accepts a relaxed OBD threshold limit (80mg/km) for PM mass for M and N category vehicles of reference mass >1760kg;
  does not require compliance with the PM number limit specified for diesel vehicles in UN R83/06;
  does not require compliance with the In Use Performance Ratio for OBD systems in UN R83/06;
  does not require the NOx monitoring for petrol vehicles specified in UN R83/06; and
  only requires flex fuel vehicles to meet the Type VI test when tested on petrol (details of requirements for flex fuel vehicles to
  meet the Type VI test under ADR79/04 and ADR79/05 at low temperature
  to be determined by 31 December 2011).

Since my car was manufactured in 2010 I am unable to determine if this regulation exception applies to my vehicle.


texts: Open source idea closely related to product at work

texts:
For a while I have had an idea for an open source project. Now, I've started building something similar at work as an internal tool (so not public). So does that mean I can not go on and do the personal open source project I had in mind at first? What are the regulations for that? I mean, obviously, I can and would never just copy paste code! But concepts and ideas can be the same in some places.

Can I start this open source project even though I am working on something similar at my workplace which is not open source?


texts: In France, is it illicit to use a recorded content as a proof, when the person was recorded without knowing it?

texts:
I remember hearing more than once from unofficial sources (and from people whose main domain isn't law) that you can't use a recording as a proof at the court, if said recording wasn't taken with the person's consent (or if it isn't a public area with some clear sign of recording devices, e.g. train stations for example).

For example: if I were to hide my phone in my back in recording mode, to record someone during a conversation, while they are saying something I could sue them for.

Now I know there are some cases of exception (e.g. if people are suspecting someone might be taking part to some terrorism acts for example, but that's the extreme case).

In what condition can a recording be considered as illegal, or otherwise, when is it legal to use a recorded material as a proof, even without consent of recording?


texts:
Bylaws from A Florida CCR documentations:

  Special meetings of the Board may be called by the president on five (
  5) days notice to each Director either personally or by mail ,
  facsimile transmission or electronic mail. Special meetings shall be
  called by the president or secretary in a like manner and on like
  notice on the written request of three (3) Directors

The first sentence uses the may indicates permissiveness granting authority.   The second sentence uses the word shall, which signals to me a requirement.

QUESTION 1

Does sentence one somehow preclude other directors call for a meeting?  Why? (seeking to understand the line of reasoning).

QUESTION 2 & 3

Assume a challenge has been raised regarding the validity of a meeting that was held by a hypothetical alleged president, secretary and treasurer.   The trio verbally agreed to hold a meeting and the alleged president picked the meeting day. Does this not trigger the requirement of sentence two?  The challenge is that the treasurer called for the meeting.

It turns out that after the meeting alleged president had resigned: he is restored to the board at said meeting (though not as president).  Assume a 5 member board.

Is there any basis to adjudicate the meeting is invalid?

Why would counsel indicate that meetings can not be called by the treasurer, given the agreement of 3 members willing to meet?

BYLAWS: MEETINGS CCRs Excerpt:

  Section 7. Meetings:

  A. The first meeting of each Board newly elected by the members shall be held
  immediately upon adjournment of the meeting at which they were elected, provided a quorum shall
  then be present, or as soon thereafter as may be practicable. The annual meeting of the Board of
  Administration shall be held at the same place as the general members' meeting, and immediately after
  the adjournment of same, to elect officers for the following year.

  B. Regular meetings of the Board shall be held quarterly at such time and place as the
  Board shall fix from time to time.

  C. Special meetings of the Board may be called by the president on five ( 5) days notice
  to each Director either personally or by mail , facsimile transmission or electronic mail. Special
  meetings shall be called by the president or secretary in a like manner and on like notice on the written
  request of three (3) Directors.

  D. Meetings of the Board of Administration shall be open to all unit owners. Notice of all meetings shall be posted on the official bulletin board of the Association at least forty-eight ( 48) hours in advance of each scheduled meeting and directed to the attention of all unit owners. In case of an emergency, a meeting of the Board of Administration may be held without notice. Written notice of any Board meeting at which non-emergency special assessments or amendments to rulesregarding unit use will be considered shall be mailed or delivered to unit owners and posted not fewer than fourteen (14) days prior to the meeting date.


texts: Does anyone know if there's an equivalent to the New South Wales Property and Contract act in Massachusetts?

texts: I'm looking to see if there's an equivalent to the (Property and Contracts) Act 1970 of New South Wales in the US, specifically the part pertaining to minors.


texts:
I've had an idea stewing around of opening a history blog.
I was wondering if I could use academic sources (articles, research,books) for my own articles, provided I would attribute them to the original author in the footnotes.
In other words, would using quotes from said sources be covered by fair use and protect me from copyright issues?


texts:
I read this: "Within a reasonable time after either the
landlord or the tenant gives notice of
termination of the tenancy or before the end of
the lease term, the landlord must generally
notify the tenant in writing of the tenant's option
to request a pre-move out inspection and of the
tenant's right to be present at the inspection."

Now what happens if landlord (who is a paralegal
so knows what he is doing) fails to notify tenant of
the option to request an inspection? Tenant invites
landlord to the premises but landlord cancels in the
last minute, on checkout day.

The invitation didn't explicitly request an inspection
but it was implied in the fact that the location was on
premises.

Would tenant have a case against the landlord's
itemized list based on the fact that the inspection
was carefully avoided?


texts: If I were to lend my phone to someone that then used it for criminal purposes, would I be liable?

texts: This assumes that I don't know that the person I lend the phone to will use it for illegal purposes, that the illegal purposes are along the lines of corresponding and collaborating with other criminals and that I am based within the UK


texts: Comcast gave my social security number to a collection agency.

texts: Comcast thought I was in default on my cable/internet account. I kept telling them they were wrong, and I had proof, but they refused to listen until I got the Attorney General involved. They finally admitted it was a computer error, and eliminated the debt and called off the collection agency. My concern is that they provided my ssn to someone who I have no contact with, and no idea who they are or where they are located. This collection agency called me prior to Comcast correcting their records. When I refused to give the collection agency any information, they made a point of telling me they had my social security number. I took that statement as a threat that they would do something. Do I have any action I can take against Comcast for giving out my ssn?


texts: Visa requirements for foreign board members of US public companies

texts:
Does a foreign member of a US public company board of directors need a work visa in the USA? For example, if a large foreign company invested in a US public company and wanted board representation, would the representative need to have a work visa?

Or is there a special visa that is used for this, such as a B1?

Does it differ depending on whether the member dials in from abroad or attends the meeting in the USA?


texts: Could Puerto Rico become part of a US state?  I realise it has long been proposed as a 51st state, but that seems unlikely. So how about this alternative?


texts:
Similar to What is the liability of a person who signs as a witness? does a reference for a candidate employee have liability for what they say about the candidate?
I've seen some companies ask references to fill out a form where at the bottom they sign agreeing the information they are providing is correct and true. To my understanding lying isn't illegal. So does the fact that a reference sign something claiming they aren't lying have an affect?
For the purpose of this question assume the person acting as a reference isn't under obligation not to be a reference (e.g. from their current company's policy) .


texts:
I have a vague memory that in some cases, persistent usage of a property without any move from the owners over a long period of time creates a right to usage (is that an easement?) But I'm sure the specifics matter.

I'm renting a condo, and the condo came with a storage unit. I've been using the storage unit for 15 years or so. Now the Condo Board has decided the storage unit is not actually owned by the condo owner, and the question is, does my fifteen years of use count for anything in this case?

Massachusetts, if that matters.


texts: Jurisdiction Over A Crime Committed In An Airplane Flying Over U.S. States

texts:
If a woman assaults another passenger while on a plane flying over the continental United States, which courts have jurisdiction to prosecute a criminal case against her?
(This question comes up in various iterations on a regular basis on Law.SE and so I ask and answer the question based upon a recent court decision that is on point.)


texts: Course of action in a criminal case when there is no conceivable defense

texts:
I am not a lawyer or a law student; my work is in mathematics, but I like to learn about criminal law as a hobby. I have spent some time googling and searching to find an answer to my question but have found no results.

Here is what I am interested in knowing:

  Suppose a public defender is assigned a criminal case — let's say the charges are gross misdemeanor or nonviolent felony — and there is quite
  literally no conceivable defense for the client. The prosecution has compelling evidence for all elements of the crime, action, and any required culpability. At this point, what do you do for
  your client?

My best guess would be to put heavy effort into plea bargaining, but this scenario is something that is hard for me to learn about in my hobbyist pursuits because it isn't very well documented. It seems like something you learn from experience, and could depend greatly on the individual attorney and their relationships with the prosecutors in the jurisdiction. The only thing I can find that relates to my question is information about the strategies of lawyers who defended notorious murderers who were overwhelmingly guilty. I would like the scope of my question to be something less serious and less complicated than that. In most of those cases, the defenses' main goal was to keep them out of a death penalty, and the trials were long and complicated. Also, to be thorough, please feel free to note / comment on any of the following in an answer:

You know there is practically no conceivable defense for your client; how does that change your efforts in plea bargaining?
Let's say the prosecutor won't budge - not a single plea offer. You know there is practically no conceivable defense for your client - what do you do when the case goes to trial?
At any point, is it a matter of ethics to make it clear to your client that there is no conceivable defense for their case and your primary service as their counsel will be to provide guidance through the confusing and complicated legal / court process and help make sure their rights to a fair trial are upheld?
Now suppose you are not necessarily a public defender but a private attorney for hire. Someone comes to you looking to hire you for counsel on the type of charges outlined above. There is little to no conceivable defense. Do you take the case? If so, do you tell them this before negotiating a price?

I understand my question is certainly subjective. The answer could vary greatly from case to case, dependent on countless variables. I do, however, still think it is constructive and on topic because it can be answered on a high level as to how to initially assess those variables and form a strategy. I am open to feedback for how to improve my question. Please edit tags as needed.


texts: What does U.S. law expect developers to do to prevent access to web apps with encryption where export control applies?

texts: What would be considered due diligence (or whatever the proper term is) in preventing users in export-control blacklisted countries from accessing a web application that features strong encryption software (symmetric keys longer than 56 bits)? Would checking the client's WAN IP against country's IP address range lists be enough?


texts: Does Windows 10 Home non-OEM license work forever?

texts:
I'm considering buying a Windows 10 Home 64-bit (not OEM) license. Since Microsoft claims there will be no Windows 11 and at the same time this license is not tied to a specific machine, does that mean I'll be able to not pay for Windows ever again and still use it for the next 10, 20, 40 years?

I read a couple of articles about how MS will still earn on Win10 as computer producers will need to pay to MS to sell them with Windows 10 on board. But if I already have a BOX license that is not tied to a specific machine, wouldn't I be able to buy laptops/PCs without an operating system and always install the Windows 10 I bought?

This doesn't seem like a sustainable strategy for a company so I wonder where's the catch?

Link to the Microsoft Store page: https://www.microsoftstore.com/store/msusa/en_US/pdp/Windows-10-Home/productID.319937100


texts: What is the furthest point from land at sea where individual U.S. state laws apply?

texts:
I wondered to myself if there was a specific point within the 12 mile US territorial sea where individual U.S. state law ends and only federal law applies. For example, could an individual/business create an offshore site that is just outside of the local state's legal reach but still under federal law? To my surprise I could not find anything general like: "State law ends 3 miles from shore" or "State law ends 1 mile from shore". Apparently there's ambiguity.
Found a summary here:

There has been tension for decades between the federal government and the states over who has control of the waters out to the three-mile — and more recently 12-mile — limit. The tension has been largely over control of mineral rights rather than how other laws are applied. Offshore wind and state laws

Is there a line at all?
I'm confused... if it's unclear where state laws end and federal law begins how do local authorities even know when to call the feds when they find something suspicious/"criminal" offshore?
How do individuals even know which, if any, state laws apply when they are offshore? But remember that my question is about the border line(s) so saying simply that there's a list of water patrol laws for a particular jurisdiction would not (in my view) answer the question.
I found an example of a kind of border in "The Marine Unit members are also cross-certified Immigration and Customs Enforcement Officers, and are empowered to enforce federal regulations far beyond the limits of State of Florida jurisdiction." Marine Unit, manateesheriff.com. But it doesn't really answer the question.


texts: Is it a breach of contract if there are loopholes in the contract?

texts:
In our Mid Term exam we were given a question based on a short case study

  An internet software expert was needed for a breach of contract case
  between an online software developer and an internet content provider.
  The plaintiff (person who brings a case against another in a court of
  law) had developed a software based media and MP3 player that was
  available as a free internet download. The defendant purchased the
  plaintiff’s company & software. The merger agreement included a clause
  in which the defendant agreed to pay shareholders an additional amount
  determined by the average number of unique users of plaintiff's MP3
  player during a specified period, to be determined by tracking
  software. However there was nothing specified what tracking software
  technology should be implemented. The plaintiffs alleged that the
  defendants did not take appropriate steps to implement the tracking
  technology needed to count unique users. The defendant maintained that
  the plaintiff shareholders had a responsibility to ensure that
  technology was in place to make the count possible. Is this breach of
  contract or do you see any loopholes in the contract? Point out the
  flaws and state your reasons as well

Now this was the answer that was later provided as a solution

  Yes it is a breach of contract case. As it was part of contract that
  tracking software should be implemented in order to get proper counts
  of downloaders which certainly haven’t been done by the defendant so
  there is a clear breach of contract exists between them.    There are
  certain loopholes are involved as it should be mentioned in contract
  which technology to be used and who should control it. If that had
  been explicitly added, there won’t be any ambiguity regarding who is
  responsible for what.

I agree with the part that there are some loopholes but my answer differed in the main part that It was not a breach of contract because they said that they should implement a tracking software and they didn't specify any ideas that how it should be done. So for one the number of unique downloads could be one download per PC or for one it could be number of times it was downloaded regardless of the PC. So my given answer was that it was not a Breach of contract as the person selling or signing the contract should have done their best to ensure that their are no more loopholes and since they signed it I don't think they are to be favoured in court for this contract. Can someone please clarify that if my answer was right or was wrong and give me some explanation to it about what exactly is going to be the breach of contract in case of loopholes.

PS: The Course was Professional Issues in IT


texts: How do the courts distribute the details of Injuctions and Super Injunctions to media agencies

texts:
There is a lot in the UK news recently about court Injunctions which prevent media reports, to protect the privacy of some party. There are also so called "Super Injunctions" where the media are not even allowed to report the existence of the injunction. (BBC Q & A on injunctions and super injuctions)

Questions:

Basically, how do the courts publicise these injunctions to media agencies without inadvertently defeating the point of the injunctions?

Contempt of court is a serious offence - but I have never understood how these can be worked.

Is there some sort of closed channel for established media agencies where these are distributed?
How does a small scale publisher (for example an individual gossip blogger) get access to these injunctions to make sure they're not in breach?
What is to stop any member of the public registering as a blogger/publisher - just to gain access to the injunction details for the purpose of learning the very details the injunction aims to keep private (ie - the name of the party seeking the injunction)


texts: Is there any precedent for Gov. Lepage's "blackmail" allegations?

texts:
Gov Lepage allegedly "blackmailed" a Democrat in his state (Maine) by threatening to withhold government funds from a charter school unless the school board denied a prominent Democrat a seat on their board.

http://www.pressherald.com/2015/06/24/house-speaker-eves-fired-from-school-for-at-risk-youth-accuses-lepage-of-blackmailing-school/

Is there any precedent that would suggest (either way) that this is "blackmail", or "extortion", which is the word I think his critics are searching for?


texts: Company wants me to sign a general release ASAP. I said no

texts:
I got let go today but my company (based in NYC) still owes me money, about $12,000 after tax, roughly. Shortly after letting me go, the company asked me to sign a general release. This, in theory, would release them from having to pay me my salary. This seems to me to be an extremely morally suspect move.

Am I right in thinking this? How should I proceed? I am asking law friends to recommend some employment lawyers, but other than this, can I do anything else? I want to claim unemployment ASAP and start working elsewhere ASAP, but I obviously cannot afford to sign a general release and let go of my claim to unpaid salary. Any advice is greatly appreciated. Please let me know if there are any clarifying questions.

This is related to this question on Personal Finance StackExchange and this question on Law StackExchange.


texts: Can I enter a rental property without giving notice if I'm afraid a tenant may be hurt?

texts:
I rent a “Mother-In-Laws quarters” (guest area) that is on the side of my house. It has a private entrance.

If I'm concerned something has happened to the tenant, am I legally allowed to enter the building without giving notice?

Some background: For the first time, my tenant is late on rent, and hasn't contacted me in any way which seems very unusual for her.

Yesterday I texted once to remind about the rent, and a second time asking if they are okay once I noticed there was still mail from a few days ago in her mail box right by her door with no response.

I also couldn't hear TV through the wall which I usually can, and her curtains were never opened which I notice she usually does during the day. The air conditioning also wasn't on all day, which is also unusual. She's elderly and I'm afraid she may have fallen or even worse.

I'm planning on knocking on her door on my lunch break. If she does not answer the door, I'm trying to figure out if I can go ahead and enter the property and make sure everything is okay.


texts: GDPR & EPR regards maintaining email blacklist

texts:
Note a user call YIVI had previously stated that you could store a hash of the users email address to avoid the requirements of General Data Protection Regulation (GDRP) and ePrivacy Directive (EPD). This is false as hashed email addresses are still considered personal information under the regulations as it is still may be possible for the data controller to identify the actual email address associated with the hashed value i.e. the data controller still has personal information stored of the user. Pseudonymized data is still unequivocally considered personal data under the GDPR, as noted in Recital 26.
GDPR Recital 26 states "Personal data which have undergone pseudonymisation, which could be attributed to a natural person by the use of additional information should be considered to be information on an identifiable natural person. "
Under GDPR & EPD a persons hashed or un-hashed email address can be considered personal information. GDPR & EPD require user consent before storing a users personal information.
Websites need a way of blacklisting malicious users i.e. add the users email address to a blacklist to prevent them logging into the website.
Similarly when a user deletes their account on a website their email address may be added to a blacklist to prevent another account being opened with the same email address for various security and management reasons.
Under GDPR a user has the right to be forgotten and can request that their personal information be deleted.
Are we allowed to keep the users email address in a blacklist if they request that their personal information be deleted ?


texts: Would it be considered treason to help plan the movement of a migrant caravan to the border?

texts:
Stefan Molyneaux, on Twitter, said:

If even one American is found to be one of the forces behind the Honduran ‘caravan,’ that’s straight up treason.

He is referring to the migrant caravan that originated in Honduras and that is currently on its way to the United States border.

Now, I know that Molyneaux is not a law expert and that he was not educated in the legal profession. I also know that Molyneaux is intending to be provocative and probably doesn't care much whether what he says has any legal logic. (On a personal note: I think that most of what Molyneaux says is nonsense) Despite all of this, what he said still made me wonder if there is any merit to his claim.

According to Article III, Section 3 of the U.S. Constitution:

Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

Would helping to plan the caravan be "..adhering to [the United States's] enemies, giving them aid and comfort"? Under Article III, Section 3, could the act of aiding the caravan be considered treason?


texts: What is it called when some intentionally takes property but intends to return it

texts:
I placed my ~$600 phone down to go through security, and a school offical picked it up and declared that it would be returned 2 days later. I immediately requested my phone back to no avail.

I did some research and concluded that it is not legally considered stealing because the person intended to return it eventually. However, I do not know what the actual crime is or what legal options I have.

The entire student body entered through the same door but only a bag full (1/5) of phones were stolen. I find it quite irritating because there is a significant amount of personal information on such a device along with the fact that someone boldly walked away with my property.

I got my phone back, but I'm curious about what the technical term for the crime is and any legal options I have.

Thanks in advance


texts: Are warranties held to the same laws as regular insurers?

texts:
In the case a consumer has purchased a warranty – in particular so-called "extended warranties" from a third party warranty vendor – on a vehicle (further, to be clear, I am not talking about any "lemon law" warranties), is the warranty subject to the same laws/statutes that a regular auto insurer is subject to? For example, to my knowledge almost all states detail some restrictions on how insurance settlement costs may be fairly calculated – e.g., NADA values. Similarly, some states allow consumers to pick their repair place and have independent inspections or that an insurer is liable for the degradation of value incurred by vehicles that have been in accidents are less desired.
Is a warranty held to these same policies in general?
My question pertains to the United States. I am most interested in CT law but more general answers are also appreciated.


texts: Is it really a traffic stop? Was I operating the vehicle?

texts:
I was at a gas station parking lot. The vehicle is registered under my name. My license plate is revoked in the state of Kansas for 3 years. The tags were not able to be seen due to mud covering the tag.

The gas station attendant did not see me operate the vehicle due to customer volume at the time. I returned to ask him. The people in the gas station were not familiar to me or the gas station attendant. There were several other vehicles and patrons in the gas station.

An officer pulls into a gas station parking lot and comes up to "provide a courtesy by informing you your tag is too dirty to read" and does not view the person being provided this courtesy actually operating the vehicle. No emergency lights were ever turned on and I was not in the vehicle. After I was informed my tag was dirty I thanked the officer and he left. I went inside and purchased a drink and used the restroom and came back outside to pop my hood and add power steering fluid to the vehicle. During that time, the same officer and another unit pulled back into the lot, again without emergency lights, to "stop" a vehicle that was not in operation to arrest me for "driving" with a suspended license.

Is this a "traffic stop"? And is it considered a driving offense to add power steering fluid to a vehicle on private property?


texts: Can a school prevent a child from saying the pledge of allegence "under satan"?

texts:
Lets say my body reverted back to the to match my mental maturity level and I became a kid again.  During school when everyone stands up to say the pledge of allegiance I proudly declare "I pledge allegiance to the flag .... One nation under Satan Indivisible ... etc"
I suspect some of my teachers may not approve of my modification of the pledge, but would the school be able to penalize me for my variation of the standard pledge if I argue it's in keeping with my religious beliefs?
We know the school cannot compel me to say the pledge of allegiance, but in this example I would be willingly saying a variant of the pledge.  On the other hand I probably couldn't stand up during the pledge of allegiance and start shouting random gibberish since that would be disruptive behavior which schools are free to prevent.   My pledging to Satan would likely also be construed as potentially disruptive behavior, but I would presume that would not outweigh the protection of speech/religion afforded by the 1st amendment?
If I wouldn't get protection of religion on the grounds that a belief in Satan isn't a 'firmly held belief' of mine you could always replace Satan in this example with Allah, Jehovah, Shiva, Odin, Flying Spaghetti Monster etc.


texts: Is it legal to share a script that scrapes a website and presents in a different format?

texts:
Most news sites and tech blogs provide only a summary in their rss feeds. If I write a script that scrapes their website and extracts some useful data, can I share the script as open source. Does it depend on each and every website and needs prior permission? If scraping is not allowed without permission, who is guilty, the person who wrote the script or the one who used them?

Note 1: I am not redistributing website's content, just sharing the script that helps to read the content in different form. I am specifically interested in Indian and US Law.

Note 2: The script may be specific to particular website and may access data that is accessible only with user's login credentials.

Note 3: script means a program or software application

E.g nytimes offer subscription offer at $3.5 a week for web+smartphone access. But for tablet access, it is $5.00 a week. Can I sell an app for tablet that parses the page from the web interface and converts it to tablet friendly format. The app will use login credentials from the user to login using a virtual browser to download the content and format it such that it is better readable in tablet? Do I have to get permission from nytimes to sell the app? I don't care about this special case but in general can the provider legally restrict how the content is consumed by the end user.


texts: Refusal to Accept Information in Certain Forms

texts:
A situation that I was in recently got me thinking. Let me state the question first, then give context:

  if the DVLA can (legally) say that they do not take (or give) information via email, can I (legally) say that I do not take (or give) information via the post?

The idea behind this is that I don't want to do post, because it takes so long and I don't have any proper proof of what I've sent.
That said, this is a hypothetical question, not something that I'm trying to implement -- I am merely interested in the legal nature of it!

I had previously written context here, but the first answer is focused almost entirely on the specific case and why the DVLA have that policy. I understand why this is the case, I am merely asking out of legal curiosity, not have a whinge!


texts: Is a 'motion for judgment on the pleadings' a dispositive motion?  Yes, no, maybe, sometimes?


texts: Would the acceptance of Susan B. Anthony's pardon validate the criminal proceedings she underwent due to voting?

texts:
Background
On August 18th, 2020, President Donald Trump pardoned Susan B. Anthony for voting illegally in an election on February of 1873:

Today, President Donald J. Trump issued an Executive Grant of Clemency (Full Pardon) posthumously to Susan B. Anthony, a peerless advocate for women’s suffrage, for a wrongful and unjust conviction stemming from the only vote she ever cast in an election. As we commemorate the centennial of the ratification of the 19th Amendment—known as the Susan B. Anthony Amendment—this grant of full clemency recognizes and pays tribute to the advocacy, perseverance, and leadership of a truly remarkable woman and an American hero.

In response, the Susan B. Anthony museum and house in the words of Victoria Brzustowicz appeared to decline the pardon on Susan B. Anthony's behalf, stating that it would validate the criminal proceedings she underwent in much the same way that her paying the $100 fine would validate said proceedings:

Anthony wrote in her diary in 1873 that her trial for voting was “The greatest outrage History ever witnessed.”  She was not allowed to speak as a witness in her own defense, because she was a woman. At the conclusion of arguments, Judge Hunt dismissed the jury and pronounced her guilty.  She was outraged to be denied a trial by jury. She proclaimed, “I shall never pay a dollar of your unjust penalty.” To pay would have been to validate the proceedings. To pardon Susan B. Anthony does the same.

The Nature of Pardons
According to the Department of Justice Website, a pardon does not signify innocence but removes civil disabilities as written below:

A pardon is an expression of the President’s forgiveness and ordinarily is granted in recognition of the applicant’s acceptance of responsibility for the crime and established good conduct for a significant period of time after conviction or completion of sentence. It does not signify innocence. It does, however, remove civil disabilities – e.g., restrictions on the right to vote, hold state or local office, or sit on a jury – imposed because of the conviction for which pardon is sought, and should lessen the stigma arising from the conviction. It may also be helpful in obtaining licenses, bonding, or employment. Under some – but not all – circumstances, a pardon will eliminate the legal basis for removal or deportation from the United States.

However, even though a pardon does not signify innocence, I don't see any formal memorandum or court ruling that states the corollary: that a pardon signifies guilt.  Nor do I see any formal memorandum or court ruling that also states the issue in my question:  that a pardon validates the criminal proceedings of the corresponding crime. The silence on the latter issue is what prompted my question.
Question
Would the acceptance of Susan B. Anthony's pardon by the relevant authority validate the criminal proceedings she underwent?


texts: Simpler way to handle living trust/will for property than transferring into a Trust

texts:
I just completed the Nolo Quicken Willmaker.  It prints the following notification/warning:

You're done making your trust document. Congratulations!
Your living trust is not yet effective, however.
To make your living trust effective, you MUST transfer ownership of the property you listed so that it is legally held in your trust. Until you do this, your trust document has no effect on your property. Transfer the property as soon as possible after you print and sign your trust document.  Learn more about Transferring Property Into Your Trust on Nolo.com.

I really do not want to transfer ownership of the properties into a Trust. That is a major major paperwork headache for the properties.  There must be a simpler way that allows me to retain ownership of the property while making official the intentions that the Living Trust contains.
What are my options here?


texts: How to verify a ISO (9001, 27001, 14001) certification claim?

texts:
Many company websites are showing that the company is ISO 9001, ISO 27001 and/or ISO 14001 certified.

Is there any way to request, or registrar to check, the company's certificate globally and to validate the certificate's integrity and validity?


texts:
Texas Association of Realtors' Sample Lease has the following:

  B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease,
  Tenant will be in default and:

  ...

  (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be
  accelerated without notice or demand;

However, the standard Texas Apartment Association (TAA) apartment lease contract is explicitly unforgiving and unconditional, to the point of being quite unreasonable and unconscionable about the application of acceleration, something I've hardly seen on any other lease anywhere:

  11. UNLAWFUL EARLY MOVE-OUT; RELETTING CHARGE.
  You’ll
  be liable for a reletting charge of $____________ (not to exceed 85%
  of the highest monthly rent during the Lease Contract term) if you:
  (1) fail to move in, or fail to give written move-out notice as
  required in paragraphs 23 or 37; or
  (2) move out without paying rent in full for the entire Lease
  Contract term or renewal period; or

...

  14. FAILING TO PAY FIRST MONTH’S RENT
  . If you don’t pay the
  first month’s rent when or before the Lease Contract begins, all future
  rent will be automatically accelerated without notice and immediately
  due.

...

  32. DEFAULT BY RESIDENT.
  You’ll be in default if: (1) you don’t pay
  rent or other amounts that you owe on time; (2) you or any guest or
  occupant violates this Lease Contract, apartment rules, or fire, safety,
  health, or criminal laws, regardless of whether or where arrest or
  conviction occurs; (3) you abandon the apartment; ...

  Acceleration.
  All monthly rent for the rest of the Lease Contract term
  or renewal period will be accelerated automatically without notice or
  demand (before or after acceleration) and will be immediately due
  and delinquent if, without our written consent: (1) you move out,
  remove property in preparing to move out, or give oral or written
  notice (by you or any occupant) of intent to move out before the Lease
  Contract term or renewal period ends;
  and
  (2) you’ve not paid all rent
  for the entire Lease Contract term or renewal period. Such conduct
  is considered a default for which we need not give you notice.
  Remaining rent also will be accelerated if you’re judicially evicted or
  move out when we demand because you’ve defaulted. Acceleration
  is subject to our mitigation obligations below.

...

  38. MOVE-OUT PROCEDURES.
  The move-out date can’t be changed
  unless we and you both agree in writing. You won’t move out before
  the Lease Contract term or renewal period ends unless all rent for the
  entire Lease Contract term or renewal period is paid in full. Early
  move-out may result in reletting charges and acceleration of future
  rent under paragraphs 11 and 32.

Is this at all legal?

For example, if someone signs a 15 month lease, but has to move after a couple of months, are they really supposed to shell out 13 × the monthly rent prior to being able to assign the lease to someone else, and/or until some such someone else is actually found and takes over the lease?

If the provision is not actually enforceable in Texas, for example, due to damage mitigation provision, or due to the late fee statutes, why is it so prevalent in all residential leases in Texas, especially by all TAA members?


texts:
I'm interested in having some television interviews translated from French to English. I'd like to distribute a translated transcript.

Would this be an infringement of copyright law? If so who gives permission for something like this the person being interviewed or the television station that originally broadcast the interview?


texts: Why doesn't Ecuador make Julian Assange an ambassador?

texts:
Julian Assange is currently living in the London Ecuadorian embassy to avoid being extradited to Sweden.

It's my understanding that diplomats are immune from prosecution, detention, and (presumably) extradition.  While the host country can kick the diplomat out, I assume Assange would rather be in Ecuador than in the Ecuadorian embassy.  Yet I've not seen any serious discussion of Ecuador naming him a diplomat or ambassador.

Is there some legal obstacle to naming an asylum-seeker a diplomat and thereby exfiltrating them from the host country?  Does the Vienna Convention contemplate this loophole (or close it)?


texts: Is video content including an unnamed patient's face HIPAA compliant?

texts:
In a conference setting, practicing doctors may show video of their patients receiving treatment or undergoing an evaluation. The videos often include the patient's face, but are never named. These videos are shown to the audience, which includes mostly other practicing medical professionals and researchers. Under what circumstances is use of this video in this context HIPAA complaint? Is it by default, because of the scientific setting, or must patient consent be acquired? What if the lecture is recorded and offered to non-attending medical professionals? Offered to the general public?

Since I'm asking about HIPAA, this is clearly a question about United States Jurisdictions.


texts: Ethics related to representation of a person with impaired judgement

texts:
We have a family member who has hired an attorney in the state of California.
The family member is the beneficiary of a special needs trust (an SNT).
The family member wishes to break the trust, and access the cash without restrictions.
The issue is that the attorney is causing the trust significant legal costs, yet the trust is also this family member's only form of support.  The family member has no job, no apparent desire to work, and no other source of reliable support.
The family member is very clearly both "substantially unable to manage his or her own financial resources" and subject to "undue influence".  However, there is no formal diagnosis of a disability, and the family member will not permit a diagnosis to be made.  For the legal process to even get to a ruling on the merits of the capacity claims will substantially diminish the value in the trust, exhausting it to the point where it can't support the family member.
The family is concerned that the attorney is seeking profit over the best interests of his/her client.
And that this action will diminish the trust regardless of outcome, destroying the entire purpose for the trust.
Where might that ethical line exist for an attorney in representing a client with signs of mental illness intent on damaging their own interest.  Is there a way for the family to step in?


texts: How can German supermarkets get away with not following the EU regulations, which have been established long ago?

texts:
Since 2011, EU regulations on food labeling states require most foods label's to contain nutritional facts of the food.
However, as a person who has been living in Germany for a couple of months, it is quite clear to me that this regulation isn't followed in German supermarkets at all. Very few foods and drinks have their nutritional facts in their labels. Before Germany, I was living in UK, and there, everything had a label containing the nutritional facts of the food.
How can Germany, or German supermarket, get away with not following the EU regulations, which have been established long ago?


texts: Can a prisoner choose not to be autopsied after execution or is it a legal requirement?

texts:
I'm a writer so I've been trying to do some research for one of my MCs who ends up getting executed but has the ability to come back from the dead, preferably with a body intact so an Autopsy isn't something they'd desire after the execution and would try to deny that procedure from happening in the first place.
Some background information that might be necessary: My MC is executed in Tennesse by Lethal injection, in late 2019 under the Federal government (the mc was a former government spy) for the conviction of 4 homicides of other agents, treason and espionage.
Now, I have been trying to read and research prior to posting here but it's not all clear as there's a lot of contradictive answers online. Some say it's compulsory, some say that prisoners are able to side-step the autopsy afterwards, which leaves me more questions than answers.
Would this be something that they'd be allowed by choice or something that their lawyers could do for them or is it ultimately going to be overruled as a legal requirement for all executed prisoners?


texts: If someone commits an Internet crime using your Wi-Fi, how can you legally prove it wasn't you?

texts: Let's say for the sake of example, you're an 18 year old college student and your uncle's family comes over to visit. Your cousins ask for your Wi-Fi password and you give it to them, or they guess the password because it's too easy. Hypothetically, if one of them commits some sort of Internet crime, such as bullying or sexting or something else and 3 years later the police discovers it and you get sued, how can you legally prove it wasn't you behind the screen?


texts:
My understanding is that the Volstead Act implemented Prohibition after the 18th Amendment. When that was repealed by the 21st Amendment, it was assumed that the Volstead Act was no longer Constitutional and therefore not in force.

However, today the Supreme Court recognizes broad Congressional power to regulate economic activity, and in particular we have the Controlled Substances Act. This seems to imply that the Volstead Act is within the modern boundaries of the Commerce Clause.

I have found no law that explicitly repeals the Volstead Act, except in part the Cullen–Harrison Act. It is not clear to me from the text of The Volstead Act itself that it ceases to be effective after the 21st Amendment. Has the Volstead Act been repealed?


texts: Taking a picture of a parking offender while still in the car

texts:
I occasionally see car drivers parking on the bike lane that I am using. Usually I take a picture of the car and send if off to the city, they issue a parking ticket. These days I had a case where the driver was still sitting inside of the car while I took the picture. He has approached me and vehemently insisted that I delete the picture as I have no right to take the picture. After I didn't do that, he took a video of me while telling me to delete the picture. And he went quite out of his way to insult me with quite low blows.
From my knowledge of the law during that situation I am allowed to take pictures in public, but not publish them without the person's consent. If it is in a crowded location, say the cathedral in Cologne, I don't need permission from everyone as it is a crowd.
I read a couple of things today and saw that it is not permissible to take pictures of a single person in public. So if I took a zoom lens like a private detective and took pictures, that would not be okay. In this particular situation I did not mean to take a picture of the person, but just the car. Incidentally the reflection on the windshield is so strong that one cannot see the inside of the car anyway, but I didn't know that in the situation.
He thinks that he parked legally and that I have no right to take a picture of him. I think that he parked illegally and that I may take a picture, just not publish it. My research leaves me with the impression that I may be on the wrong here and I must not have taken this picture.

It is legal to take such pictures. quora.com
It is not legal to take pictures of anyone without consent. finanzfrage.net
It is not legal to take pictures of offenders, but if one is the one victim (in this case fence owner), it is an exception and allowed to take such pictures. But as I am just a third party in this situation (it is city vs. parking offender), and it is the city's job to prosecute this, this exception does not apply to me. haufe.de
Taking the picture to send to the city administration is fine, but publishing is not. advocard.de
One needs to take personality rights into account (but they don't specify what that means). autozeitung.de
As parking offenses are just misdemeanors, there might be issues with the privacy rights of the offender. (Also not specified further.) anwalt.de
License plates should not be published. It does not say anything about people, though. rp-online.de

It seems that it actually is against the personality rights, even if I do not publish the picture and just send it to the city. I am annoyed that my city is so inactive regarding parking offenders, and it seems that I cannot report cases where the person is visible on the pictures? How does this actually work in the German law?


texts: Which clauses of the Magna Carta are still in force in Canada?

texts:
In an answer to another question, it is mentioned that the Magna Carta has legal force in Canada but does not have constitutional status, and can therefore be modified by subsequent legislation.

There are three clauses of the Magna Carta that are still in effect in English law. Many other clauses were repealed by the British Parliament. Some of these repeals extended to Canada, namely those passed before the establishment of the Dominion in 1867, and those passed after 1867 but before the Statute of Westminster in 1931 unless the bill in question was stated not to apply to the Dominions. Other clauses would not have been repealed by the British Parliament, but may have been repealed by the Canadian Parliament at some point.

Is there a list somewhere of which clauses of the Magna Carta are still in effect in Canada?


texts: Does the President of the United States really have powers of arrest, as per "Designated Survivor"?

texts:
A scene in the TV show "Designated survivor" shows the President (Kiefer Sutherland) arresting a state governor for treason.
Is this really a thing?  Can the POTUS really arrest citizens for crimes?  And are there limits on this?  Is it (as with Presidential Pardons) something which applies only to federal/serious crimes, or can Trump arrest a teenager for jaywalking if he feels like it?


texts: If two gunmen are in a standoff, can either of them kill the other and claim self defense in the USA?

texts:
Because of recent news about the Kenosha shootings, and people claiming the shooter might walk free because he can claim self-defense, I've started wondering this question. I've seen pictures of another person having been shot in the arm, holding a gun. To me it seems like, if that person who got shot in the arm would have killed Kyle Rittenhouse, he could just as easily have claimed "self defense".
This brings me to the question: if person A gets provoked / threatened by person B, causing A to shoot B in legitimate self-defense (regardless of if this was the case in the Kenosha shootings), if this then makes person C feel threatened, if then A and C end up in a standoff aiming their gun at the other, would then both people have a legitimate case if they claim self-defense for shooting the other, or not?


texts: Nature of the Preliminary Articles of Peace of 1782

texts:
http://avalon.law.yale.edu/18th_century/prel1782.asp

The Preliminary Articles of Peace at the URL above appear to be identical to the peace treaty usually said to be dated 1783 and ratified in 1784.

Since they are verbatim the same, what is the difference between the "Prelimary Articles" and the "Treaty"?  Why is one document considered merely preliminary rather being called a proposed treaty to be submitted for ratification by both countries?


texts: Could I make a duplicate drivers license that has accurate information?

texts:
My state does not issue duplicate licenses.

I am in need of a duplicate license for traveling and misplacing issues.

Would it be illegal to make a duplicate license with 100% accurate information?


texts: What's the tiniest modification necessary to convert a bilateral, to unilateral, sales contract?

texts:
While trying to modify as little as possible, how can I make the bilateral sales contract in Practical Example 1 unilateral?
What if I copy and paste Practical Example 2 and modify like it this?

  Daniel [Alex]  offers (or promises) a free watch [a bicycle] to anyone who three tokens from the packets of cereal he manufactures, together with a cheque for £5 [pays him £150].

But then doesn't my edit become a bilateral contract?

Poole, Shaw-Mellors. Contract Law Concentrate (4 ed 2019). p 5.

  The key distinction: bilateral and unilateral agreements

  Broadly, agreements will be one of two types:
  • bilateral
  • unilateral.

  Definition

  Bilateral agreements: by far the most common in practice and consist of a promise in
  exchange for a promise. Bilateral means both parties are bound on the exchange of promises,
  although there has yet to be any performance of those promises.
        A typical sale of goods agreement is bilateral.

  Practical example 1

  Alex offers (or promises) to sell his bicycle to Becky for £150 and Becky accepts, thereby promising
  to pay £150. (We will use this as our example of a bilateral agreement and look at variations and additions
  to the facts throughout this chapter.)

  Definition

  Unilateral agreements: consist of a promise in exchange for an act. It follows that only one party is
  bound at the outset by a promise. The other’s acceptance is the performance of the requested act.
        For example, a typical unilateral agreement will involve an offer of a reward and may be
  phrased as an ‘if’ contract: I promise to pay £50 to anyone who finds and returns my lost dog.

  Practical example 2

  Daniel offers (or promises) a free watch to anyone who returns three tokens from the packets of
  cereal he manufactures, together with a cheque for £5. Emily accepts by returning the three tokens
  with her cheque for £5. (We will use this as our example of a unilateral agreement and return to this
  example later in the chapter.)

p 6.

  Making the correct distinction.

  It is not possible to accept a unilateral offer by promising to
  find and return the lost dog or by promising to collect and return the tokens and the cheque. By
  comparison, the agreement to sell the bicycle cannot be unilateral. Students sometimes suggest
  that a simple sale contract is unilateral by interpreting the act of paying for the bicycle as the
  requested act. This is incorrect since, as long as it is possible to accept by promising to buy (which
  it is in the example), the agreement will be bilateral.


texts: How does the WTO ‘Dispute Settlement Body’ enforce ‘binding’ decisions?

texts:
As far as I can tell the WTO does not rely on the UN Security Council to enforce any binding decisions, which is the only international body I’m aware of that has the authority. I’ve not yet found a plausible explanation even with all the discussion around the current blockage of the WTO appellate court.
There’s a lot of arcane international trade law documents out there, accessible at wto.org, yet the enforcement mechanism seems at most to be authorized retalitary tariffs.
The obvious issue is that the countries involved in a dispute can counter-retaliate and continue escalating until a declaration of war, at which point the WTO would both de facto and de jure have to rely on the UN Security Council, contrary to the purported seperate nature of these organizations.
Although this hasn’t happened yet, after the first occurrence and given the ‘UN supremacy clause’ that all member states agree to, the precedent would be set leading to the WTO becoming, at least de facto, a subordinate organization of the UN.


texts: Is it possible to register a vehicle with original title, death certificate, and bill(s) of sale?

texts:
I'm looking at buying a used vehicle in undrivable condition.  It's what you'd call a classic car, and I'm looking to restore it to roadworthy condition.  I'd like to be able to register it as a normal roadworthy vehicle when the project is complete, but the following circumstances are unusual.

The previous owner (hereafter Owner B) purchased the car at auction from the estate of the original owner (Owner A) upon Owner A's decease.  Owner B obtained the title (signed by executor of the estate, but never by Owner B), bill of sale, and a death certificate.

Upon purchasing the vehicle, which had transmission issues and was not drivable, Owner B did not register the car or sign a title.  It has essentially been in storage since the purchase, and has not been taken off Owner B's property.

If I purchase the vehicle from Owner B with the paperwork mentioned, is it possible to register the vehicle?

To my knowledge, the car has lived its entire life in the state of Missouri, which is where all future work and titling would be done.


texts: What happens if I buy a stormwater basin from a property tax auction?

texts:
I've recently been reviewing property that is available either at auction or for immediately for purchase from the various counties in the state of TExas. Most of them are simply what you would expect, lots of little value or that are not worth developing.

However, I've noticed that a large number of lots available appear to be stormwater basins for the surrounding communities and business. It looks like they were issued a completely separate deed and then simply stopped paying the property taxes. In some cases, it has been like this for 20+ years. Some of these appear to be deliberate construction and others are natural low lying areas.

What happens if I go buy the deed to one of these lots? I'm aware there is no way I'd conceivably ever get an actual construction permit to build anything on the property. I'm also not talking about doing anything to sabotage the drainage, like plugging the drains that feed it with cement.

I'm specifically concerned about the state of Texas, as otherwise I feel this question is way too broad. A few distinct cases I have considered are

Can I use the land for hiking?
Can I use the land for tent camping?
Could I park an RV on the land?
If the drain exits became blocked by no action of my own (perhaps an animal carcass is plugging the drain), could I charge someone a reasonable fee to enter my property so they could fix it?

I'm aware that in all cases I'd be subject to flash floods, but this would now be me on my own private property.


texts: Can a mover indefinitely delay the delivery?

texts:
I made a cross country move recently from OH to WA. Moving of household items were contracted to a company and they subleased the job to a mover based out of IL.

It has been more than two mo this now since the items were picked up and I still don't have them. Every time I call, I am told that it would be on the next truck to WA and refuse to provide any information on when that would be.

My question is:

Are moving companies allowed to delay the delivery indefinitely like this?
Is there anything I can do legally?
Can I complaint to Police?

[ I know that FMCSA complaint is an option. But that doesn't guarantee anything.]


texts: Since when is CAN bus mandatory for new vehicles?

texts:
The CAN bus Wikipedia page states that:

  CAN bus is one of five protocols used in the on-board diagnostics
  (OBD)-II vehicle diagnostics standard. The OBD-II standard has been
  mandatory for all cars and light trucks sold in the United States
  since 1996, and the EOBD standard has been mandatory for all petrol
  vehicles sold in the European Union since 2001 and all diesel vehicles
  since 2004.

The OBD Wikipedia page further states that:

  2001: The European Union makes EOBD mandatory for all gasoline
  (petrol) vehicles sold in the European Union, starting in MY2001 (see
  European emission standards Directive 98/69/EC).

  2003: The European Union makes EOBD mandatory for all diesel vehicles
  sold in the European Union

  2008: All cars sold in the United States are required to use the ISO
  15765-4 signaling standard (a variant of the Controller Area Network
  (CAN) bus).

Except the 2008 date these quotes primarily talk about the OBD/EOBD. How is the OBD and CAN exactly related? Is CAN a mandatory protocol for OBD-II/EOBD? In case it was I see a conflict in the 1996 and 2008 dates for United States...

My final question is simple - are there certain dates since which all cars sold in particular markets have to use CAN bus for the internal communication between car's electronics?

The reason I am asking this is I want to reverse engineer the signaling from various vehicle sensors (steering angle sensor etc.). If I knew something like "all European cars since 2004 use CAN for the internal communications between electronic parts" that would help me a lot.

EDIT:

Obviously the CAN bus is somehow mandatory since 2008 in the US at least. However, I do not know to a what degree in detail - usually there are CAN bus pin-outs on the OBD-II connector. However, there may be multiple CAN buses present within a single vehicle - one for critical functions like ABS, ESP etc. and another for infotainment like radio etc. I wonder if any of these buses has to be connected to the OBD pin-out...


texts:
My mother abandoned me when I was 4 years old and since then I have lived in the street or in temporary shelters, I want to change my life, I have survived 43 years working honestly without vices without legal problems, I want to stop being a ghost, we live in Chicago.

How can person without a birth certificate attain one?

I have read this but it is very complex and it seems that it does not solve anything and you are stuck in the system. https://law.stackexchange.com/a/18857/21428

can not find more information related to my question, any suggestions to begin to formulate a more appropriate question on the subject?


texts:
Say there exists some individual who is in danger of prosecution for federal crimes, though it's not yet certain what the exact charges will be, nor even whether the indictment will be made at all.  An outgoing president wants to ensure this individual remains protected, even after he leaves office, and so considers issuing a blanket pardon to this individual for any and all crimes they may have committed (similar to how Ford pardoned Nixon). However, the president knows that such a move would be wildly unpopular and so wants to mitigate the risk of tarnishing his own reputation and legacy.
In such a scenario, could the president issue a pardon in the presence of witnesses who agree to hold it confidential, and then not publish it?  Copies of the pardon would be given to the individual in question, and maybe also to the soon-to-be-ex-president and the witnesses.  The individual does not disclose the pardon unless and until they are actually charged with or indicted for a crime, thus sparing the president any embarrassment in the event that the charge or indictment never happens.  The authenticity of the pardon can be confirmed, if necessary, by checking with the ex-president and/or the witnesses.
Is there any law which prevents this scenario from playing out?  If so, would it invalidate the pardon itself, or would it just constitute a separate crime for those party to its clandestine issuance?


texts: Are online stores supposed to state the true "order cost"/value of an order on the package/envelope for the customs?

texts:
I bought an electronic device for about £200 (GBP) from a UK online store to a nearby country where I live. When the package finally arrived, a few weeks later, it stated "£20" for the value for the customs/anyone to see.
Is it common practice to slash 10x off of the price for the customs to not add various fees? Isn't that illegal?
I will not start any problems for the store and certainly have no interest in paying any extra fees myself. Just asking out of curiosity.
Of course, they can claim it was a mistake if ever found out, but if they do it consistently, that seems difficult... Not to mention there must be electronic proof of how much each order actually cost the customer?


texts: Is uploading game cheats to YouTube an infringement upon copyrights?

texts:
Is it legal to upload videos that show how to cheat in games?

For example: Using Game Guardian or Lucky Patcher or decompiling the APK with APKTool and changing it.

I want to do that, though I think it may be a problem because cheats are kind of against copyrights I'm guessing.


texts: What is "wilful act" and "gross negligence" under UK's law?

texts:
Is a "wilful act" an intentional act that can never exist without the agent's intention (e.g. similar to "dolo" in Spanish)? Or can an act that I didn't desire the outcome, but that I performed consciously, be considered an "wilful act"?

By the same token, is "gross negligence" necessarily an omission, or can an act performed without due care be considered grossly negligent (similar to "culpa" in Spanish, in the strict sense)?

In case it makes a difference, I'm asking this in regard to contract-law liability.

Thank you very much!


texts: If a person defaults in a lawsuit the facts alleged in the complaint become true.  My question is can those uncontested facts now be used against the same party in a related lawsuit?


texts: Is there any report card/accountability for Judges, Police Departments, and Officers?

texts:
I am looking for an independent way to evaluate:

Ruling bias
Transparency
Sanctions, warnings, etc
...?

for government agencies, police departments, and any other entity that has the ability to infringe on a private citizens right to privacy.

For comparison, I use Charity Navigator to identify publicly supported non profits, and gauge their effectiveness.

My goal is to leverage the independent evaluations of trust and effectiveness to prevent an abuse of power with my software.


texts: Where is the "fantasist" defense taught?

texts:
I have noticed that in order to discredit a witness, instead of simply saying someone is a liar, the defense will call the person a "fantasist".

This brings to mind some child-like person going on adventures with their imaginary friends. Basically they're saying they're crazy.

Personally I've never met a "fantasist" in real life. I wonder do lawyers really think that a person is crazy or is this just one of their arguments in their itinerary to discredit a witness.

I mean unless someone is completely insane they surely have a reason for lying. Even a fantasist can surely separate real life from their fantasies? And if they were really insane wouldn't they be in a mental institution?

Is this a common defense to use on an accuser? Is it taught in law school to use this defense?


texts: As an official translator, I need to be loyal to the text in such a manner that no words are omitted. In translation of title deeds there’s a section which specifies the metes and bounds of the property in question. In this very part, the specifications of the parking space has been mentioned in to the bargain where there are TWO words meaning “ entangled parking”. To be more specific, there are some old buildings with the capacity of 4 parking space. These four cars, particularly the ones which have been parked ahead, cannot leave the parking since there are two other cars parked behind them! Now how can I translate this?


texts: Section survivability on violated licenses

texts:
Let's say there's some material licensed under X. X has section A, which states that it survives termination. But X was applied to material, parts of which can't be licensed under X in the first place. What happens with A?

Does it survive? Is it like it was never applied? Is it applied only to licensable parts? Does it depend on local laws?


texts: Remotely working from France for a US company

texts: I'm French, I live in France and I'm considering applying for a remote job in a US company. Are there any legal issues that would prevent me to do so? How would the time spent working in a US company affect my future retirement plan? What about the things any French employer contributes to such as "la sécurité sociale"? Can I lose some benefits in France by paying my taxes to the US? Are there any tricky things I should know about this situation?


texts: Can a charter school ask me to work more than 30 days on a 30 substitute permit?

texts:
I'm new to teaching and want to get my feet wet as a substitute teacher before committing to a credential program. There's a well-known charter school that would look amazing on my resume, but they're asking me to cover the same classroom for a 3 month period.

The problem is that I have a 30 day substitute permit, which states that I can work for the same teacher for no more than 30 days, consecutive or otherwise (http://www.ctc.ca.gov/credentials/leaflets/cl505p.pdf). What do I do? Is there really a penalty for me if anyone finds out?


texts: What is the law that requires Vancouver residents to pay for non-replanting of trees?

texts:
Recent news highlighted that landowners wishing to remove trees from their property need to pay to ensure that the trees are replanted.

Where is this law defined?

I've heard there is a similar law in Toronto.  Does anyone have the link to each?

Is this a precedent that exists across other regions in Canada?


texts:
If a person or business gets searched and the police do not provide the owner of the place with a copy of the warrant, then the searchee has the problem of determining what court or judge issued the warrant in order to contest the warrant or get a copy of it. How can they determine this?

There are two ways to answer this question. If there is a specific procedure or method for finding out which judge/court issued a warrant for Massachusetts, then that would be a direct answer. Note: "ask the police" is not an answer. Assume for the purpose of this question that the police are either unavailable or refuse to say anything about the warrant, as is their right.

The second way to answer the question would be to identify all the judges that could issue the warrant. This is an answer because if the searchee knows all the courts that could issue the warrant, then they can simply go to each one and ask them if they issued the warrant in question. So, if you can describe how to determine what courts can possibly issue a warrant for a particular place, then that is an answer.


texts: Is it legal to sell something that uses another product as one of its ingredients?

texts:
In example:

If someone sells homemade ice cream where they have crumbled oreos and mixed in to make homemade Oreo ice cream, but generically named "Cookies & Cream"

or

If someone uses Great Value knockoff of M&Ms in their homemade cookie dough, and sells it as something like "Rainbow Chip Cookies"

Assuming someone has the basic business licenses (to sell food):

Is this legally ok to do with just the basic business licenses?

If not, what would it take to be in compliance?

Per fetweet's comment, I've added his questions which may help to answer the initial basic question.

What are the guidelines per the FDA, for food related ideas? Does the FDA have anything to do with non-food ideas?
Does a branded product that is used as an ingredient have to be listed as an ingredient with its branded name? What about in non-food ideas? What's the procedure for legally listing these branded products as ingredients with their branded names? Couldn't the branded ingredient be bypassed in being listed in the main product by using the ingredients listed on the branded ingredient instead?


texts: Legal syntax question in the Canadian Copyright Act

texts:
I have a question about legal syntax. This is a segment from the canadian copyright act. It seems to me that a notice can be sent to a person described in (a and b) or to a person described in (a and c)
Am I correct? It can not be sent to a person described in just (a)

41.25 (1) An owner of the copyright in a work or other subject-matter may send a notice of claimed infringement to a person who provides
(a) the means, in the course of providing services related to the operation of the Internet or another digital network, of telecommunication through which the electronic location that is the subject of the claim of infringement is connected to the Internet or another digital network;
(b) for the purpose set out in subsection 31.1(4), the digital memory that is used for the electronic location to which the claim of infringement relates; or
(c) an information location tool as defined in subsection 41.27(5).

If my assumption is correct then why does this next section refer to a person described in (a) or (b). Does this mean that a notice can be sent to a person described in just (a)

41.26 (1) A person described in paragraph 41.25(1)(a) or (b) who receives a notice of claimed infringement that complies with subsection 41.25(2) shall, on being paid any fee that the person has lawfully charged for doing so,
(a) as soon as feasible forward the notice electronically to the person to whom the electronic location identified by the location data specified in the notice belongs and inform the claimant of its forwarding or, if applicable, of the reason why it was not possible to forward it; and
(b) retain records that will allow the identity of the person to whom the electronic location belongs to be determined, and do so for six months beginning on the day on which the notice of claimed infringement is received or, if the claimant commences proceedings relating to the claimed infringement and so notifies the person before the end of those six months, for one year after the day on which the person receives the notice of claimed infringement.

Here's a link to the sections I'm referencing:
http://laws-lois.justice.gc.ca/eng/acts/c-42/page-22.html#h-56


texts: Can other party sneak in new contract terms via termination notice?

texts:
My friend's business applied for a credit card processor company's service. When signing up for this service the only document they asked her to sign was Application Form. Also, their sales person verbally promised that she can try their service risk-free for a month (ie she would not have to pay any Early Termination Fees if she would decide to switch back to old credit card processing company).

However, once she decided not to do business with this new company, they tricked her and sent her template of Termination Notice that sneaked in new terms that state that she has to pay $840 in early termination fees (contrary to original agreement that stated that their service has risk-free trial period for a month). Unfortunately, she did not read this Termination Notice template carefully, signed it and sent it back to them. Other people are complaining about the same fraudulent activities from this company on BBB and YP that they try to alter original agreement and include ETFs etc - of course when it is too late already.

Now, this company has already automatically charged her these $840 from her bank account, because they had access to her bank account. Is there anything she can do to dispute liability to pay this ETF because it was not disclosed at the time she signed up for service?

What would have been the correct way for her to terminate service in such case? What, would happen if this company would reject to accept her Termination Notice that does not mention this $840 ETF?

If there is nothing she can do anymore because "Termination Notice" is already signed by her, could in theory my friend have tried to secretly sneak in new terms in the termination notice as well? For example, to charge this company PoS terminal storage fees (PoS terminal was theirs)? I understand that hard part here would be to get this company's signature on termination notice, because termination notice is typically signed only by one party, but what are the chances to sneak in new terms from our side and make new liabilities for this other company?

I understand what I ask is morally disgusting. However, I am not sure if it is or isn't legal. If it is illegal, then I think she should get back her $840. If it is legal, then why not screw with this company and try to get back even more money via PoS terminal storage fees?


texts: Without sub judice rules, as exist in almost every other English-speaking jurisdiction, how can due process be assured?

texts:
I have watched the media circus surrounding the arrest of a 21-year-old male on suspicion of having murdered nine people in Charleston.

Vast amounts of information are spewing forth from the news media, some of which will undoubtedly be true, some of which will have been entirely made up by newspapers to sell copy, and the rest of which will be somewhere in between.

How is it possible without rules of contempt to ensure that due process is unfettered? How can a jury be impaneled that has not already read so much about the case that they have preconceived ideas as to guilt or innocence?

In the early stages of the search police officials declared it was a hate crime. How exactly did they know this? And couldn't its widespread circulation affect the outcome of the case?


texts: Is threatening to commit a war crime itself a war crime?

texts:
Reportedly, U.S. President Trump has threatened to attack Iranian cultural heritage with no military value, which would constitute a war crime.

This Stack Exchange answer cites an offline document on the individual responsibility in war crimes (emphasis mine):

  Those personnel who commit a war crime may be held individually responsible. In addition to the individual, others may be held responsible, such as the commander, those who aided and abetted an offense, and those who conspired with them to commit the crime—and even those who conspire to commit a war crime that does not occur.

Does threatening to attack cultural heritage constitute conspiracy to commit a war crime, even if the war crime does not occur?  Does that make such a threat itself a war crime?


texts:
I work in Minnesota which is an at will state at a nationwide banking institution. I was hired in June and was told I would be doing the work of what I now know to be a site in a different state. To make matters worse they changed my job title to something I feel as a former talent recruiter as less employable. My manager has even told me that they hired me knowing that the role as well as the title
Would change. Is there anything I can do other than look for a different job ?


texts: Kirtsaeng and books from the UK marked "not for sale in the U.S.A."

texts:
Many older books printed for the UK market (most notably The Great Gatsby) had text on the back cover resembling the following:

  For copyright reasons this book is not for sale in the U.S.A.

Under Kirtsaeng v. John Wiley, I'm pretty sure this has no legal meaning in the US any more, but I have some questions:

What was the historical basis for this notice?
Is this notice indeed legally void in the United States under Kirtsaeng (assuming the book was lawfully acquired in the UK or its territories)? In other works, could I legally sell such a book in the US?


texts: How can jurisdiction be limited if platform does not provide geoblocking?

texts:
If we are allowed to upload content on to a site but the site does not provide any way to georestrict it, are we still capable of stopping countries we do not target from enforcing or claiming extraterritorial jurisdiction on the fully original educational content.
Assume India is the home jurisdiction.


texts: Are there any European Commission decisions on the duration of the non-compete clause?

texts:
Do you know any examples of European Commission decisions on the duration of the non-compete clause/obligations in corporate law? I mean contracts when this non-compete clause was too long according to the European Commission.
I don't mind about the market (from oil delivery contracts to employers -  mine was 6 months in the UK).


texts: What license considerations are there when reproducing Soviet art?

texts:
I've found some impressive Soviet propaganda posters and I intend to have them printed and hanged in the living room.

This is for personal use but it got me thinking. Let's assume I wanted to start a poster business and sell reproduction material from the era: What is the copyright situation with art that was commissioned by the Soviet government for the purposes of public display?


texts: Possible and likely court actions in case of non-payment of child support.

texts: What can a court (in Georgia) do if a parent does not pay the child support that is mandated by the court decree that ended the marriage?  What do courts usually do in such a situation?  Is the court response likely to be different if it is the mother rather than the father that owes the child support?


texts: Is it legal to cross the channel in a private rowing boat or sailing boat?

texts:
To go to France, you have to show your passport. I don't know how exactly that works if you swim across... but in any case, if you can (physically) swim across, then rowing or sailing across must be (relatively) easy.

Assuming that such a sailor (a British citizen) were not doing anything (else) illegal, would he be permitted to travel to France in his private boat? Can he land on any old beach, or does he have to go to a port to identify himself?


texts: Could Apple legally steal a leaked design and claim it as their own?

texts:
Almost every year, millions wait in anticipation to hear about what new products will be announced during Apple's scheduled launch events. Weeks and days before, the press publishes photos obtained from secret sources of what they claim will be revealed during the event. Most of the "leaks" turn out to be made up fake rendered CAD models. A few, however, are good enough to fool many into believing it came from Apple's industrial design group.
Consider, for instance, Apple likes one of the fake designs so much, it secretly appropriates it for an upcoming product. Let's say they go even further and legally claim it as their own design.
Does the original designer of the fake have a legal claim to their own work, especially after falsely purporting it belonged to Apple?  Moreover, could Apple subpoena the publication the fake appeared in to testify against the designer's claim? What about the protection of the press? If the designer loses in court, could Apple turn around press charges against them for theft? Could the publication sue the designer for selling them a fake story?
In summary, would it be wise for the designer to seek a claim on their work even if millions of dollars were at stake?


texts: Can the copyright status for unreleased musical work expire

texts: This may be an iterative of a common question, though I feel the specific scenario justifies asking. Is there an established guideline regarding the longevity of copyright protection status for an unreleased piece of music? Assuming a musician has written a musical passage which went unrecorded and unpublished, would its copyright as an unreleased work still stand forty, fifty years on, assuming the author has not taken further steps to copyright its contents during that time? Would a third-party who produces a derivative of that work for commercial or personal gain five decades after its authorship be liable for damages to the author? Could damages be claimed in a personal use case? (ie: re-recording the work and publishing it electronically at no cost?)


texts: Title IX and the "Dear colleague" letter

texts:
According to this article in the New York Post:

  the Obama administration, which in 2011 issued a “Dear Colleague” letter that detailed certain disciplinary processes universities must use to adjudicate sexual assault complaints. These processes lowered the standard for finding a student guilty. They encouraged colleges to keep students who hadn’t been found guilty away from their accusers. They made it harder for accusers to defend themselves by banning direct cross-examination of accusers and they allowed accusers to appeal not-guilty decisions.

Emphasis mine

This surprised me (I let out an audible "what the...") because what is described above seems like a clear breach of due process, guaranteed by the Fifth Amendment.

This prompted me to read the actual letter, found here; however, I could not find any mention of appealing a not-guilty verdict, which—I think—is not allowed by the Double Jeopardy clause, also in the Fifth Amendment.

Where are the laws that affirm what is bolded in the quote above?

Edit

This is the actual letter: https://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf


texts: Regarding the Constitutionality of Ranked-Choice Voting

texts:
I'm just starting to get into law studies as a highschooler, and here in the USA, in the state of Maine specifically, they have a system of voting called "Ranked-Choice". Now, from what I can tell, ranked choice works like this:

Say we have 3 candidates running for an office, John, Jane, and Joe. John gets 23% of the votes, Jane receives 35% of the votes, and Joe receives 42% of the votes. Keep in mind these votes come from the first choice of all the voters. Since no one candidate has a majority vote, what happens next is that the candidate with the lowest amount of votes--in this case, John--is put out of the running. At that point, any voters who voted for John have their ballots recounted, and their second choice vote gets added to that candidate's total. Now, from what I can see, this violates the "One person, One vote" precedent set by SCOTUS, as the people who voted for the lowest minority effectively get a second vote.

I may be right, I may be wrong, but anyone who can offer me some clarification would be appreciated, as after about 2 weeks of my own research, I am thoroughly stumped.


texts: I live in Bulgaria. Should I worry about a patent that has been granted in the USA?

texts: I want to implement, in my app, a technique that has been patented in the USA. I live in Bulgaria. Do I need permission from the patent owner?


texts: To what extent can I use a song for a published production?

texts:
There's a particular song that I applied so many effects to that all of the lyrics and specific melodies are beyond recognition, but, if you were to listen to the two songs side by side, still has the overall same mood or tone, though not much more.

Am I allowed to use that in a production? I wouldn't be using "all" of the song exactly, but I would be sampling from the range over most of the altered version of the song. I know there are laws on directly sampling from a song and copying melodies, but I don't know what addresses altered versions of a song.


texts: Can adult citizens carry knives in a school zone in NH

texts:
My understanding is that there is no federal legal distinction between concealed and open carry of knives. Also, NH doesn't prohibit the carry of knives for most people. Some felons are prohibited.

Can most adults in NH carry knives in cars while driving through a school zone? Can most pedestrians in NH carry a knife on a sidewalk through a school zone?


texts: The ORGVSM f*ck tee is very explicit, and against many powerful luxury brands. One would think this was commercial disparagement (and perhaps other crimes besides, such as using the brand-name of other companies without permission in a commercial product) and they would end up with a whole bunch of lawsuits, but I can't find any evidence they did. Can anyone make, for example, "F*ck Gucci" t-shirts?


texts:
I have a question regarding copyright law.

Take this for example: Company A owns the copyrights of Picture A. Some designer came across this picture and proceeded to save the picture into his computer. He then began transforming picture A by adding drawings or words to the picture. Ultimately, he managed to bring about an entirely new expression of his own to Picture A. He then proceeded to upload his transformation of the picture on his personal website, and attempted to sell it for profit.

In this scenario, does his picture constitute a new, original work, or does it constitute a derivative work? And ultimately is there any copyright infringement?


texts: Would it be copyright infringement to use a name of a D&D spell/creature in an unrelated game?

texts:
If I were to create a video game with mechanics and a story that are divorced from D&D, but still used a name like "Eldritch Blast" for an attack move, is this still infringing on WoTC's IP? Furthermore, how different does a creature have to be in order to be considered a unique entity? Could I call a creature in this hypothetical game a "beholder", give it a unique illustration inspired by the source material, and still be infringing?

Basically, are these concepts broad enough to be used in other works, or are they untouchable and need to be renamed for use by other creators?


texts: Can an customised open source prject be protected by IP law

texts:
My designer created a logo for me using an open source design (with slight change). I wasn't aware of it uptill I visited colombia and saw a merchant selling T-shirt with the same design.

Now I want to know if I can get this logo registered as as a Trade Mark?


texts: One child gets the heritage 40 years later?

texts:
I have a question about how to deal with the following issue:
There's a family with two kids. The family property is 2 houses (same value, one is home to the family and the other is empty).
The older kid gets married, the dad gives him the empty house, and he says the younger one will get the common house when they die.
The younger kid gets married too, but since there are no more empty houses, he has to buy a house from his own earnings.
20 years later the father realizes the worth of the two heritages is not equal and he wants to take action about it (he estimates he will live 20 more years).

What could be a correct solution here?
Is there a common practice to handle situations like this?
Any suggestion?


texts: What options are available after sentencing, when attorney-client privilege is broken at a sentencing hearing?

texts:
Suppose a defendant and his attorney were meeting before court and were completely alone at the time of the discussion and the attorney asked her client if he would pass a drug test if the judge desired one.

If the defendant answered, "No," and the attorney then gave that information to both the D.A. and the judge, and the client received adverse action sentencing resulting from that information, does the defendant have any recourse pursuant to attorney-client privilege?


texts: If no licence is distributed with an application/source code, what license applies by default if any?

texts:
If no license is distributed with an application/source code, what license applies by default if any from a legal standpoint?

Edit:
If bob makes source code. And bob has never placed any license in any code, or released applications. Are people legally in the right to dis-assemble/reverse engineer it? Furthermore If they obtain the source code, do they legally now own it for lack of license or does bob still obtain copyrights over said code/applications. In both situations assuming the code/application was obtained both legally, and illegally, please and thank you.

PS: bob has never uploaded any source using GIT or anything else, they only exist on bobs computer, and places bob has released them by hand.


texts: Why does Title IX not apply to single-sex colleges?

texts: Does Title IX specifically exempt single-sex colleges like Wellesley? In 1990 the US Department of Justice sued the Virginia Military Institute for discrimination for not admitting women; does this provision only apply to public institutions, and not private ones?


texts: Can a private company refuse to sell a franchise to someone solely based on being black?

texts: This question was a result of a recent conversation regarding Chick-fil-A only selling their franchises to Christians. I thought that was discriminatory, but was told a private company can do anything they want because they are privately owned. I find this very hard to believe is the case in 2021. Can anyone shed some light on this subject?


texts: Can I make An App Which Uses Data From Other Apps?

texts: Google Hangouts is closing down soon and I want to make a messaging app which lets you import your Hangouts conversations into it via Google Takeout. I'm not sure if this is legal though, since Google Hangouts is a trademark. I'm not making money off their app, because I won't charge users for use nor place ads. But something about this feels like it would violate some sort of law. Keep in mind that Hangouts is closing anyways, and this is just a source of redemption. I'm not going about any sneaky business to get to your Hangouts message information, since Google lets you download it directly through Google Takeout. Is this legal? Do I have to sign some sort of agreement with Google?


texts:
For example, I've heard before that it's actually illegal to swear at a police officer (I've also heard that's true in the U.K. as well, although that's not my question).

However, what counts as "swearing" is a very subjective thing, and clearly there are plenty of contexts where no word is off-limits (because, thankfully, free speech is a thing here), so it seems like a difficult thing to enforce. I've also never heard of anyone actually being prosecuted for this.

So, the three parts of my question are:

When is it illegal to swear, if ever (I'm guessing this probably varies a lot by state, so I'd be okay with just a federal law answer)?
What actually counts as swearing (under each law / circumstance)?
What penalties would I be facing (under each law / circumstance)?


texts: Is American citizenship automatic when born on US soil?

texts:
The US constitution states that

  All persons born or naturalized in the United States, and subject to
  the jurisdiction thereof, are citizens of the United States and the
  State wherein they reside.

Does this mean that anyone who is born in the US is automatically a US citizen, whether they want it or not? Or does this amendment just offer the possibility of requesting citizenship?

In other words: is there an action to be made in order to become a US citizen when born in the US (and therefore one is not before this action is performed)?

Note: this question is different from another one which deals with the "and subject to the jurisdiction thereof" part. Mine is about the automatism (or lack of) of the acquisition.


texts: Can doctors make patients sign contracts?

texts:
Hypothetical:

You're waiting in your doctor's office for your provider to perform a medically-necessary procedure.  In walks a coordinator who requests you sign a contract for your upcoming procedure.  The contract satisfies the usual elements and contains a hold-harmless clause.

Does signing the contract reduce or eliminate the doctor's liability in tort?