texts: Is a fishing license required on a private pond?

texts:
Suppose there is a pond that is privately stocked by the pond association, a group of homeowners. The pond has no public access; town residents may access the pond through a town beach, or waterfront property owners may access the pond via their own shoreline. Marine patrol does patrol the pond, but have never heard of an officer actually asking a fisherman for his license. Fish and Game does not patrol.

Can anyone with legal access to the pond fish without a license?

I am located in New Hampshire, but I'd be interested in knowing whether there is a standard among states.


texts: What is the minimum penalty for a class A misdemeanor in the states of Missouri and Oregon?

texts:
The maxiumum jail time is listed on such sites:
https://romanolawpc.com/misdemeanor-crimes-oregon/
https://carvercantin.com/missouri-misdemeanor/#class-a
but the minimum jail time/fines are not listed on those sites.

The case in question is one of "tampering with computer data" or "unauthorized access to computer systems" and there is no damage to the company in question.

Is there a minimum or can the judge choose to not sentence jail time/fines?


texts: Is it legal to record a video browsing a website and commenting on that?

texts:
I'd like to make a Youtube video, in which I make comments browsing a website. This would be for educational content. Can I do that without asking permission?

(I'm from Hungary, Europe.)


texts: Can my lease co-signer sublet to someone without my consent?

texts:
I live in an apartment in Austin, TX, with a roommate. We're both co-signed on the lease and the lease doesn't expire until next year. My roommate told me this morning that he is moving out and someone I have never met is moving in to take his place.

But I didn't co-sign a lease with a stranger.

Since the sub-lessee is not himself a co-signer can I call the police and have him removed as an unwanted guest?

When the end of month comes, if no suitable roommate has been found and my ex-roommate (and still current co-signer) refuses to pay his share of the rent, can I sue him in small claims court?  Might it be worth my while to hire a lawyer to sue him? Rent is ~$1,600 so $800 is definitely within the limits of small claims, but I don't want to pay my rent late either. I'd like this resolved as quickly as possible, so if hiring a lawyer can expedite things I'm willing to do so.

Update: Here is the relevant section of the lease:

  Replacing a resident, subletting, or assigning a resident‘s rights is allowed only when we consent in writing. If a departing or remaining resident finds a replacement resident acceptable to us before moving out and we expressly consent to the replacement, subletting, or assignment

My (old) roommate says that he got this new person added on the lease but can they do that without my signature? Can my (old) roommate and the apartment go behind my back like this?


texts: Tennants have not been informed that the house has been sold

texts:
I rent a house that the landlord is trying to sell, and the landlord said I have 3 months to leave from when he has found a buyer.

The estate agents have found a buyer, but they have not yet informed me.

I only know the house is sold because they put a 'sold' sign up outside the house

Does that mean I have 3 months from now? or 3 months from whenever they contact me?


texts: Is is illegal to hack websites in a country considered to be an enemy of my country?

texts: I know that Hacking is illegal in any country. my question is this "is it illegal to hack enemy country website ?" e.g i lived in Pakistan, let say i hacked Indian Govt websites. is this illegal ? if this is illegal what will be fine and prison charge?


texts:
Just wanna ask is there a way to file a case to a person even though we are here in the Philippines?

Our CEO from the US put a business here and then after 3 weeks of hiring us, they shut down the business without prior notification.

Now we keep on emailing them to have our pay but they keep on ignoring us.

please help.


texts: Is truth a defense against defamation laws in Indonesia?

texts:
If so how?

I read 310 KUHP laws in Indonesia and it says that public interest is a defense. It doesn't list truth as defense.

Some says that if we have evidences, that is defense. What kind of evidences are good enough defenses?


texts: What an employer can legally ask to monitor about user activity

texts:
I work for a Belgian company as systems engineer, and I'm asked by the HR department to give them logs of a specific user's activity. This is about a concern they have when it comes to this user's activity while working from home (VPN).

I'm aware the employer can't ask to audit a user activity without him being notified (I do not know the legal process/laws for this).

We've got tools such as Netwrix Auditor that could even get us a video of user's activity if enabled (currently disabled because we are unaware of the legal aspects, plus it takes a lot of storage).

My question is : what can my employer ask me to audit/monitor ? What is the legal process if the employer want to know details about a user's activity (European/Belgian laws)? What should I sign or ask prior to begin the investigation, so I'm somewhat protected as employee ?

In the meantime, can I simply give them Active Directory logons events, from the VPN IP pool, for that user ? Or is that already too much from a legal point of view ?

Thanks for your help !


texts:
I've just received an email from a Turkish app developer who believes my app infringes on his trademark. I've done some reading and read that essentially I'm not allowed to violate any patents or outright steal the work by copying it but otherwise should be fine if portions of the apps match.
To elaborate:

I'm from Germany, the other developer is from Turkey
The app is distributed using the Google Play store (US-based)
Both apps provide the same core functionality
There are about 40 apps providing the same core functionality
The app of the other developer was published in 2015, mine in 2017.
My app was created from the ground up and doesn't use any sources of other apps (I created the layout by myself as well)
The other developer seems to hold at least some sort of copyright in Turkey: https://imgur.com/a/HWtyDh4 (blacked out)
Both have a very, very similar name. There are 40+ apps on Android alone which share this name as well. There was software prior to both apps with this name.

I admit that both apps have a similar main UI (same color, same input elements) which however noticeably differ in design choices, user experience, and scope. But apart from that (the main view), the UI differs completely.

Is there any grounds for copyright infringement, if the apps look similar, but the actual sources aren't derived from any sort of original work?


texts: Is a teenager allowed to drive a boat without a drivers license in the US?

texts:
In the United States, can any teenager (age 13-19) drive a boat without having a drivers license? Is it possible to get some type of a license through some type of course that would allow them to drive a boat? If they could, what are the restrictions if any? I'm mostly interested in the following states but a state by state breakdown would be preferred if possible,

Illinois
Wisconsin


texts: Can a roommate be kicked out for being racist towards another roommate?

texts:
I share a rental unit with two other adults. We each have individual leases. One of them (call her Jane) is racist towards the other (call him Joe). They got along fine at first. Then suddenly Jane started overtly avoiding Joe, for example if she is cooking on the stove and Joe comes into the room she runs away while leaving the stove on. Joe said he would like to speak to her and she repeats "I don't want to speak to you". Joe asked if I knew what happened and I said I would speak with Jane. I asked and Jane said she doesn't speak to foreigners. Joe heard this. Jane has repeated her position to me on several occasions. I think she has a psychiatric problem.  She herself is a "foreigner".
Can any legal actions be taken? It's hard to give specific examples but the way Jane is acting around Joe is decidedly unkind. Joe and I contacted the landlord but the landlord said there's nothing she can do if Jane is paying rent.


texts: Terminated for significant other's religion

texts:
I want to be a bit vague on specific details and names as this is an active legal issue but in the state of Utah I was terminated a few months back after a couple years of employment for my significant other's religion. To be clear, I do not belong to that religious group, the predominate religion of Utah, though my S/O does as does my former supervisor. When my supervisor dug into it and found out her religious affiliation he was heavily critical of her, and terminated me shortly after a discussion where he was quite critical of our relationship and was abusive in his thoughts on her.

I am filing with the UALD & EEOC jointly, however I am looking for some statutes and rulings relevant to this to help strengthen my argument in this case against my former employer as this case is somewhat unusual. Most notably I am not being discriminated because of the specifics of my own religion, or of not belonging to a particular religion but because I am dating someone of a particular religion while I do not belong to it myself. The more conservative members of this particular religion, as communicated to me by my supervisor, believe that they should not be in inter-faith relationships.


texts: Can the police examine the digital contents of your smartphone beyond the IMEI if you are searched or arrested?

texts: If you are arrested, can your messages be read and your contacts be retrieved by demand of the police? If so, under what circumstances and caveats?


texts:
A friend and I bought a fixer-upper house. I paid in full for it. She was supposed to pay for all repairs, and made many other promises. She said she would have income from a settlement for 7 years that would cover the repair. Because of this, I put her name on the title. Huge mistake, of course.

She has broken every promise. She lied about the income. She has started drinking and abusing drugs, which she had not done for many years (I didn't know her when she did). She also tells me she has a prison record for assault. She has hoarded out the house. And now she says that she paid for the house, and lets me live here out of pity because I'm a "cripple". (I am permanently disabled). She has started threatening me with physical harm and with having me put in a nursing home. She told me that if I try to evict her, she will get 30 days to get out, and will spend them making me wish I was never born, and it will be her word against mine. She told me she screams at me hoping I have a heart attack and die. She tells me she is going to force me out of my home. It is a complete change in personality and character. I suspect incipient dementia in combination with the huge amounts of alcohol. She is smoking marijuana, taking pills, and using LSD, which is NOT OK with me. She is 59 years old.

She has also moved an unemployed man in with her. I was not consulted, or even properly introduced. They drink huge amounts of beer. She was contributing toward expenses and food, cut way back, then paid nothing. Now she is giving me only $40 or $50 a week for all expenses for two people.

She has no proof whatsoever of anything she says, other than that she, at one point, had a sum of money almost equal to the final price of the house. I have ample proof that I paid for the house, including bank records. I have no contract with her, but I do have witnesses to her promises. I pay the property taxes. All utilities are in my name, and paid by me out of my account. I buy almost all of the food on my debit card.

I don't feel safe here. She may attack me. She might just burn the place down falling asleep while smoking. Is there any way for me to have her name taken off the deed, and have her and her hoard (which is damaging the hoarded rooms) removed from the house, and get a restraining order due to the threats? Or do I have to pay for the horrible mistake of trusting a friend of many years?

Sorry this is so long.


texts: Charged with perjury without specific action

texts:
Suppose a person testifies, under oath, on two different occasions, as to certain events.  The two sworn testimonies are in direct and clear contradiction to each other.  For example, one time  Jane Doe testifies that Joe Smith was present at a crime scene, and the next testimony is that he was not (ever) present.

There is no independent way to determine which statement is true, and which is false.

Nevertheless, one of the statements must be false.  Can a charge of perjury be laid against Jane Doe in such a case, without specifying which actual testimony?  If a charge of perjury is impossible, are there other false statement charges that could be brought?


texts: Is one legally required to do anything if not billed for utilities?

texts:
I live in an apartment complex in California where electric and gas service are the tenant's responsibility.

When my tenancy began, I set up service with the local utility company. I went to their website today to check for this month's bill, and upon logging in I was told that my account is no longer active.

I didn't take any action to deactivate my account, and I haven't received any communication since an email notice that last month's bill had been generated.

If the utility company continues to provide service and doesn't contact me further, is there any possibility of me later being required to pay for the unbilled service? Am I acting maliciously by not informing the utility company of the apparent error? Can the utility company end service without notice?


texts: Is "republication" a defense against libel?

texts:
The New York Times published a story alleging that person A did X. You publish a piece that said, "The New York Times reported that A did X."

Later, Person A sues the New York Times and wins. Can that person then sue you for republication of the New York Times libel and win? Or is your statement that "the New York Times reported..." factual enough to defeat the suit.

Would the answer change if you published your statement after the commencement of the lawsuit? That is, would the lawsuit put you on "notice" that the New York Times' claim was disputed?


texts: The legally blind vs medical intake forms

texts:
A fiercely independent, elderly, and legally blind woman walks into a doctor's office. Since she can’t read the intake forms, she requests the staff help her fill them out. Rather then help her, the staff instead let her see the doctor without them and send the blank forms home with her.
The next visit the forms are still not filled out. The office staff express annoyance but still let her see the doctor and again send the blank forms home. They still refuse to help her fill them out.
After this happens a third time, the staff has had enough and refuse to allow her to make any more appointments.
Is the office required to accommodate this legally blind woman without forcing her to use her friends and/or family as interpreters (thus exposing her private medical information to them)?


texts: Distributing (for free) defunct software with valid license

texts:
I'm thinking about creating and distributing for free a virtual image with Ubuntu that has installed the latest original software from a defunct software provider with valid (paid) licenses.

From what I've read, the intellectual property (IP) is (might be) transferred to GoPro in this instance, but I'm not exactly sure this is the case.

Is it possible to distribute the above virtual machine without breaking the copyright or any other law? The software provider is kolor.


texts: Are text message agreements legally binding in CA small claims court?

texts:
My parents sold their house but they breached a part of the contract. As a result, the other party sued my parents in California small claims court. The court date is in 2 weeks.

We've contacted the party and arranged an agreement/compromise via text to drop the lawsuit for 2 actions: cash payment and signature of escrow papers. After the other party offered this, we agreed via text. The next day we completed half of the agreement, the signature, and we're in the process of completing the second part, the cash payment.

That same day, the other party decided to increase the payment my parents would do. All this is in text messages, both the offer and agreement on both sides, word by word, and agreement. My question is, is the other party allowed to do this even after coming to an agreement?


texts: If a company agrees to pay travel cost for a job interview, is the promise binding and enforceable?

texts:
There is a question on workplace.SE about a company which offered to pay travel costs for a job interview, but canceled the return ticket after ending the interview - Potential Employer Cancels Return Flight.

Generally, when arranging a job interview which requires the candidate to travel, it is common for the potential employer to pay travel cost and lodging for the candidate. In practice, the employer will ususally offer this, often in writing, but not write up a formal contract or similar document.

In that situation, can the employer later renege on the promise to pay costs? In particular, can they renege after the candidate has begun their journey, thus saddling the candidate with the travel cost?

My thoughts:

On the one hand, a simple one-sided promise is usually not binding, as a binding agreement requires both sides to give something (called consideration in Common law).
On the other hand, there is the notion of detrimental reliance, which appears to fit here. Also, one could argue that the candidate does provide something in exchange, namely their presence and willingness to attend the interview (basically, the company trades travel costs for having the candidate  present for the interview).

So, is the promise to pay the candidate's cost enforceable or not?

Im interested in any jurisdiction, particularly European and US.


texts: How can HelloSign claim unauthenticated electronic signature process is legally valid? (US)

texts:
HelloTech has a series of documents they want potential technicians to sign. These are delivered by an email containing a link to their documents in the HelloSign document-signing service. Clicking this link sends the potential technician to a document they can sign, but there is no authentication step to verify that the person that's signing the document is who they say they are.

Since anyone could intercept the unauthenticated email link in transit and impersonate the signer, how can HelloSign claim that such a signature is legally valid?


texts: The term "foreign national" in US immigration law

texts:
Background

In US immigration law, the term alien is carefully defined at 8 USC 1101(a)(3):

  (3) The term “alien” means any person not a citizen or national of the United States.

This definition neatly and concisely

excludes those citizens of the US who also hold citizenship of one or more other countries, and
includes stateless people, despite their not holding any foreign nationality.

By contrast, the term foreign national appears nowhere in section 1101, and does not appear to be statutorily defined anywhere else, although it does appear in a few sections of 8 USC.  There also appears to be no regulatory interpretation or definition of the term, as it seems to be entirely absent from Title 8 of the Code of Federal Regulations.

Executive Order 13,769 uses the term alien twice, once echoing the language of the statute being invoked, 8 USC 1182(f), and the term foreign national fourteen times.

Executive Order 13,780 uses the term alien fifteen times, mostly when discussing EO 13,769 or quoting the relevant statute, and it uses the term foreign national 29 times.

Question

Is there any judicial precedent establishing that foreign national is synonymous with alien?
If not, or if such precedent does not bind all US courts, what are the chances that someone could successfully argue

that foreign national includes US dual citizens, since they are also nationals of a foreign state?
that foreign national excludes stateless people, since they are not nationals of any foreign state?


texts:
We hired an LA-based PR agency to do promotion and other related activities for our incoming crowdfunding project. We have been lied to for more than a 1.5 month, constantly told that PR is ongoing while no proof was provided at all and requests for it constantly evaded. In result our campaign had to be cancelled shortly after its launch and all money and effort invested went down the drain. After sending ultimatum for either proof to be given or our fee returned ( $1500.00) we have received numerous emails from the CEO how his life was in ruins, he got separated from his wife and so on.

So, I'd like to ask for an advice on how to go best about getting our money back.

Small claims is an option, however I am left with the impression that I cannot do that from overseas. We are based in Bulgaria, EU. Another thing is that I found other people burned by those scammers and in regards to that is class action lawsuit viable option?

Will appreciate any advice. Thinking of it money is important but more important is the fact that those people arrogance continues to grow and apparently we are just the next victim in line and I do not want to leave it like that!


texts: Is it legal to upload a non-monetized movie to YouTube?

texts:
My friend says that as long as you don't monetize/gain profit from the video, it is legal to upload it, but if the owner asks you to remove - you have to remove it. My stance on this is that whether the video is monetized or not, it is illegal to upload movies on YouTube and you could be prosecuted by law.

Who is correct - me or my friend?


texts: Does printing several journal articles for a friend run afoul of copyright law?

texts:
I am a graduate student. For a fellow graduate student's upcoming birthday, I wanted to give him a collection of seminal papers in his field. The idea was to print a collection of 10 papers, totaling around 300 pages, which would then be assembled into a hardback book.

I am well aware that I do not own the copyright to any of these papers. However, would my gift fit the criteria for fair use?

In the case that this is legal, is there anything I should write in the book regarding copyright, besides attributions?

Here are several additional considerations.

I do not intend for this book to be sold. I want to print exactly one copy.
In my department, it is common for people to print out hundreds and hundreds of pages of journal articles every week. I know this because I have to wait for them at the printer. Printing this book doesn't feel so different from what my colleagues are already doing, the only difference being that I would bind the pages in a book. Are we all breaking the law?


texts: Is it normal to be ordered to leave a crime scene in Lisbon, Portugal? Must I?

texts:
I was en route from my hotel to a cafe at 3.30pm in the heart of Lisbon, when I walked up this alley (the link I provided is the exact spot) when I saw 3 cops and 5 kids in an ongoing crime scene - 4 kids were facing the wall on the left side while being watch on by one cop whilst 2 cops were questioning another kid on the right side of the street.

I stopped to watch but got quickly ordered to leave by one of the cops. He said this is how it works in Portugal - and I had a feeling I'd get arrested if I didn't leave. So I left.

Was the cop right - does he have the authority to order me to leave a public crime scene?


texts: Could the administration justify a rescission of DACA with being anti-Latino?

texts:
Let's assume that the Supreme Court will let stand the lower courts' decisions: That rescinding DACA for the bare-bones reason that it is illegal does not meet the criteria laid out in the Administrative Procedure Act.

The administration is then likely to start a second attempt, much like with the "Muslim travel ban".

I wondered whether they could be forthright and say:

  We believe that the cultural and ethnic core — the identity — of the United States is Central/Northern European and should stay that way. We ran on this platform. This is why we are in office. We simply fulfill the wish of the electorate by minimizing immigration from non-European countries. Ending DACA is part of this policy.

Would this

be sufficient to meet the not "arbitrary, capricious" (Sec. 10, (e)(A)(1) of the APA) requirement?
be constitutional? (The "Muslim ban" in its original form violated the first amendment which forbids discrimination by religion; but it does not seem to explicitly prevent discrimination by geography, language or culture.)


texts: Do they check ARD ZDF bill payment during de-registration in Frankfurt if a person is leaving the country?

texts:
I came to Frankfurt in Jul 2019. I lived in an apartment from Jul'19-Feb'20.
During this period, I had some amount to pay to ARD ZDF.
Eight months after moving to a new apartment (Oct'20), I de-registered from my previous contribution number and registered to my new landlord's contribution number (I live in WG apartment and owner pays the ARD ZDF bill).
During this period from (Mar'20-Oct'20), I received the ARD bill at my new address but with my old contribution number.
Now in Oct'20, I received a letter from ARD saying to pay the balance through FEB'20.
I did so, and after 3 days, I received a letter saying that my contribution number account is balanced.
I asked them the same thing on a phone call and was informed I don't have to pay anything. But somehow I am not convinced.
So my question is: while doing a de-registration, will the city office check if any amount is pending from ARD in my name?
Also, if de-registration is given to me from the city office, will that mean I am all good in ARD ZDF's books?


texts:
If a company claims that their product is superior to competitors' products and demonstrates their superiority by making an apples to oranges comparison (e.g. our product with default settings is better than competitor's product with quality settings manually turned off and contrary to default and recommended proactive) is that illegal?
What legal or other recourse is possible?


texts: What limitations can be placed on the activities of "shell" companies?

texts:
According to Wikipedia, one of the reasons for using a shell company is that "Shell companies can be used to transfer assets from one company into a new one, while leaving the liabilities in the former company." My understanding, from a response to an earlier question, is that this much is legal.
But suppose the assets have been pledged as collateral for liabilities, and there are contracts governing this process. If shell companies are used to "shuffle assets" between, say companies A, B, and C, so that the assets and liabilities are separated, is this still legal? Or can these transactions be "collapsed" so that one combined company has ownership of both assets and liabilities and the contracts that govern them?


texts: Could the Intel CEO be accused of insider trading?

texts: A few weeks back, the Intel CEO sold all the company shares he was allowed to. Yesterday, it was reported that a big security flaw existed in virtually all Intel processors sold in the last decade. Intel has known about it for several months and has informed the OS vendors so they could publish patches before the vulnerability was made public, as is the custom in these cases. This looks to my non-lawyer eyes like blatant insider trading. Is it?


texts: Is there any recourse for a medical professional if a patient sexually assaults them in a small way?

texts:
Is there a recourse for a medical professional if a patient behaves inappropriately? (I would call it sexual assault but to be honest I don't know what would and wouldn't qualify for that definition - please feel free to edit the question title as appropriate).

Specific example: female medical professional, the patient shoves his hand inside her top and into her bra, then grabs the shirt front preventing her from moving away. Assume that it doesn't repeat, only happens once with that patient.

Is there any legal remedy to be sought against the patient? Criminal or civil?
If this sort of thing happens regularly at the hospital, is there any legal remedy against the hospital?

I'm not sure if jurisdiction matters, but let's say NY, NJ or CT states in US.


texts: Can I post edited comedy images of Indian politician in social website

texts: I edited an image of an Indian politician. Added some comedy picture taken from a Tamil movie. And also wrote some thing funny about that politicians. Is that legal. Can I post that image to a social website.. Do I face any problem in future for posting such images. What does the law say.


texts: Listening to software music out of context

texts:
Suppose you purchase a CD containing some computer software (e.g. a video game) and a perpetual license to use that software. Included on the disc are songs encoded as, for example, mp3 files. These are not encrypted and can be read/copied by a standard operating system. The mp3 files form part of the software in the sense that the software contains code to play the music as part of its usage experience (e.g. as background music for a title screen or menu).

My question is whether you have an implied license to use the music out of context, such as:

playing the music file with a third party media player application (i.e. not in the manner originally intended by the software designer)
transferring the mp3 files to another device (e.g. a portable music player) for the purpose of listening to them independently of the software on the CD.
trans-coding the music from one (unencrypted) file format to another (for example, compressing the music from .wav to .mp3).

I am in the UK, but am also interested in hearing about international approaches to this issue.


texts: Does rebuilding a computer game from scratch infringe copyright?

texts: A game named Blinx, was manufactured last in 2004 by a company named Microsoft. In 2014-2015 they dropped the trademark, and so the name is usable, but the game, the intellectual material is copyrighted. If I don't use their images or their code, can I legally reproduce the game?


texts: Am I obligated to pay a mortgage if a region is annexed?

texts:
This is a hypothetical question.

Suppose I buy a house and have a mortgage. Later, the region my house is in is annexed by another country. Let's assume also that the mortgage I took out is based in the region's former owner.

As a home owner, I would love to ignore my creditors located across the border.

My question is, what could the bank do to collect payment across a border when tensions are high?


texts: Does the state have the legal right to limit city legislation?

texts:
Recently, Missouri passed a law which effectively prevents cities within the state from setting their own minimum wage. Now, I liken this to the fact that the states themselves can set a wage that is higher than the federal minimum wage (it can't be lower than the federal minimum).
Does the state have the right to prevent cities from doing this? Is there a precedence for this type of action?

EDIT

So, to clear up confusion. I know the city can't go lower than the state(or federal) minimum wage. St. Louis had set a citywide minimum wage of $15. This new law that MO passed would negate the St. Louis ordinance, and prevent them from doing so again.


texts: Why is court approval necessary to liquidate?

texts: I found this article in the news, claiming that Sears Canada will ask court for permission to liquidate all remaining stores. I can't see why approval would be necessary. Why would it be illegal to close your own stores without approval? In what cases would it be possible for permission to be denied?


texts: Is republishing social meta tag's content permissible for commercial use?

texts:
Is it legal to do the following (which Facebook and Twitter do for commercial use): embed social meta tag's public content (such as pictures) on a website for commercial use, linking back to the source and not claiming ownership of the external content?

Is this protected by fair use or something similar?


texts: How does copyright law apply to references of an existing work?

texts:
If an author were to reference an existing work of fiction in their novel, how does that interact with copyright law?
For instance, let's say a character in a novel thinks they're a fictional character, like Joker. In the universe of this novel, DC exists, and Joker is a known fictional character. No one in universe would take this character seriously as the Joker - he would more likely be considered to be delusional, and possibly dangerous.
Would something like this be legal to release? Would it require special provisions and/or disclaimers?


texts: Does paying for other party's attorney fees have a chilling effect?

texts:
I understand and agree with the fairness in the losing party having to pay the other party's attorney fees. However, won't this foster a chilling effect on the "little guys" (we, the peasants) from suing the "big guys" (big business)?

For example, if Microsoft or Apple infringe on your intellectual property, or your iPad causes you to slip and fall down 11 flights of stairs, or whatever, I'd still be hesitant to sue a company like either of these, given you could potentially have to pay their attorney fees, which amount to one gold bar per hour, give or take. Per attorney.

Is there any law or provision that addresses this or takes it into consideration?


texts: Can Derek Chauvin's due process rights be guaranteed in a jury trial - for the murder of George Floyd - if the entire country knows about it?

texts:
Due process would demand Chauvin be granted a robust defense and proper trial so that justice can be done in the death of George Floyd. But the entire country knows all the facts about the case.

How could you get an unbiased jury to try this case?


texts: Are you allowed to strike a person if they say you can?

texts:
It's my understanding if a person agrees to fight then it's legal. So if they say "hit me" does that mean it's legal for a person to hit them? What if they obviously mean it in a sarcastic way, or taunting? Is it legal for them to hit the person back if they didn't agree to get hit?

I ask because I've seen a lot of videos were reporters heckle celebrities and normal people, and when they get agitated they say "hit me" or "go ahead, take a swing". Would it be illegal if they did?


texts: Job Contract. Clarification Required for a Clause

texts: There is a clause in my contract that i need some clarification about. Specifically i want to know if the above clause means that i can resign with a three month notice or not ?


texts: Motorcycle price dropped less than a year after purchase. Can I get a refund?

texts:
I purchased a motorcycle in 2018. It was a new model. Towards the end of the year Honda launched yet a new version and to get rid of the 2018 stock dropped the price of of about 15% (£1000 from the original price).
I bought the bike on a PCP finance and because of the price drop the bike is now worth less than the remaining amount. Can I ask for compensation? Is there any rule about price drops?

NOTE FOR CLARIFICATION: I understand goods depreciate after purchase and I would be OK with a "normal" depreciation. The thing is that Honda has done something unusual.
My motorbike should be worth around £3500 now but because Honda HQ (not the single dealer) has announced worldwide a price drop of the model I purchased, my bike is now worth only £2500.

Since I purchased the bike with PCP, the finance company guarantees the value of the bike at the end of the contract.
At the end of the contract my only option now will be to return the bike, otherwise I will have to pay for a difference that is nowhere near its actual value.


texts: Credit card dispute: burden, rights, and options

texts:
I have a dispute with a credit card company.  I would like to know my rights and my options.  Here is the situation.  An Israel based group offered to sell me a language course. It was a year long course. I told the telemarketer that I was not sure I had enough free time to take such a course. The telmarketer told me that I could pay monthly and stop at any time.  After 3  months I tried to stop and was told that the agreement I "signed" on-line said I would pay for the whole course whether or not I finished it, and had no provision for stopping without paying. My credit card company, Amex, looked into the  matter and said I had to pay.  This is the first time in over 30 years with Amex that I tried to cancel a payment.  I am not happy with Amex.  Was Amex correct to decide for the Israeli company, accepting their electronic record over my statement about what the telemarketer said?  Why did my statement not satisfy whatever burden of proof that is needed? In any case, what are my rights and my options?  (For example, can I take either the Israeli company or Amex to small claims court in New York, where I live.) The amount involved is $666.00.

Update:
I called Amex and asked to speak to a supervisor.  He told me that the vendor has a cancellation policy. So, technically, they did not bill me for tuition after I told them to stop such billing. Rather the vendor billed me for a cancellation fee.  However, when I spoke w the telemarketer and gave him my credit card info I was not told about and did not authorize a cancellation fee.  The vendor sent me terms and conditions after the fact.  Amex also told me that the vendor said they have a recording of the sales call.  I have contacted the vendor and asked that they review that recording.


texts: Can I refuse to tell Settlement Conference Deputy Judge my employment or daily life?

texts:
I'm Plaintiff in Small Claims Court case in Ontario Canada. Defendant filed Defence. So  Settlement Conference coming up! I read Charter Basics | Your Right to Silence

What is the Right to Silence?
In the Canadian legal tradition, the right to silence is a subset of the larger principle against self-incrimination. It is closely related to the rules governing confessions and is also enshrined under section 7 of the Canadian Charter of Rights and Freedoms.
At its most basic, the right to silence means that absent any legal obligation to the contrary, no one is obliged to speak to the police or respond to police questioning1. For accused or detained people, this is a Constitutionally protected right. The right to silence means that a detainee has the right to choose whether or not to speak or give a statement to the police2. Regardless of what the police might say, an accused person has absolutely no obligation to assist the State with an investigation or prosecution.

In my honest opinion, Defendant's lawyer lied some parts of Defence. I looked up Defendant's lawyer at Law Society of Ontario website, and his record and history are not clean. I don't want him or public know my employment or what I do everyday. I know people have falsely accused at workplace or like debt collectors, harass you at work or employer.


texts: Can a Condominium Association Incorporate Without All Owners?

texts:
If after purchasing a property in a Condominium Association, and it is discovered that the corporation was administratively "dissolved" years ago, can that association refile Articles of Incorporation and Bylaws without 100% approval of the owners?

The association was dissolved administratively because they were not filing with the State of Washington.


texts:
I've been developing a mobile app to help players and GM in a RPG titled Anima Prime. The game itself is licensed in Creative Commons Attribution-Share Alike 3.0.

I'm no native speaker of English so I don't really grasp what the license really means. Therefore, I used this as the guideline.

Quoting from the site:

  Attribution - Share-Alike (CC BY-SA) - This allows you to use the CC-licensed work in nearly any way so long as you say where and who you got it from, and the new work is also issued under a BY-SA license.

So it means I must mention the site from which I download the rulebook and who the author is and the app I've been developing must be licensed in the same exact license as the rulebook, doesn't it?

But this wiki said that CC licenses are discouraged for software. So what license I should use for my app? I intend it to be an open-source software.


texts: Can a company in Netherlands which has an American parent company hire an Iranian?

texts:
Because of the US sanctions, there are many limitations and restrictions on some countries, and these sanctions also affected the people of those countries.
I was going to work with a company in Netherland which in 2019 acquired by an American company, and today they've told me that because the company belongs to an American company, we can not proceed and get you the work permit, but they also said if you were in Netherland now, it would be easier (and I guess they meant they could get me the work permit if I was already in the Netherlands).
1- Is there any way this company can hire me while I'm still in Iran?
2- How can they hire me if I was in the Netherlands? (like as a traveler in the Netherlands)
3- If they can hire me while I'm in the Netherlands. can they also hire me when I'm in Turkey?


texts: How does the law on "pain and suffering" differ in the UK and US?

texts:
In the UK, if someone makes a statement that "he is a cripple," or "she has problems holding her water at night," those are potential causes of action if they cause distress, even if the statement is true. (Truth is not an absolute defense.)

In the U.S. if I break your antique vase, I could be liable for at least the market value of the vase. But if it has sentimental value because you inherited it from your grandmother, I could be liable for even more, based on pain and suffering. But I couldn't be sued for libelling your dead grandmother.

How do these rules differ? Is it that in the UK, there could be "pain and suffering" independently of another tort, while in the U.S. it could take place only in connection with some other offense (e.g. the broken vase)?


texts: Contradictions in the Constitution regarding property rights?

texts:
In the fifth Amendment :

  No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In The Taxing and Spending Clause Article I, Section 8, Clause 1, it states:

  The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States;

As far as I know, money, diverse as its forms may be, is considered property in most if not all of the cultures. How do you "just"-ly compensate for the tax you have collected? A free lance programmer for example, can make as much as 5 mechanics while staying at home where as the 5 mechanics use roads, bridges and various other infrastructure on a daily basis. Even in the 18th century, it would be an extremely deviant and extraordinary claim that one will be "just"-ly compensated for his tax paid.

Did the founding fathers grow weary of their undertakings and decided to forsake due diligence and instead, wager on the possibility that no dangerous amount of people will invest their time on the fault finding in the future? If that were the case, they most certainly were right.

Is this a contradiction? If it is, what should we make of it? Repair it? Ignore it until it blows up like what we always do?


texts: When is making a subtitle file for a commercial movie legal?

texts:
For example, on OpenSubtitles, a website which offers 3.5 million subtitles we can read Disclaimer:

  These files are NOT illegal warez downloads, we only offer files that we believe we are free to redistribute.

Therefore when does creating/making open subtitles for commercial movies/TV and publishing it become illegal in First World countries?

Does it depend on the production company (if they agree or their license), format of the file (like IDX+SUB) or something else?


texts:
I was skimming the "Stack Exchange Network Terms of Service" until I came across:

Profile Content that is available via the Stack Exchange API ("API Profile Content") is perpetually and irrevocably licensed to Stack Exchange and its Subscribers under the Creative Commons Attribution Share Alike license
Profile Content that is NOT available via the Stack Exchange API ("Personal Profile Content") cannot be used for any commercial purpose, individually or in aggregate, or be republished without the explicit consent of the author of such Personal Profile Content or the explicit consent of Stack Exchange.

The thing is that I found my profile picture I use in StackExchange.com websites online from a website claiming it is in public domain. Now I am wondering if I have unintentionally licensed this public domain image to StackExchange Inc. or myself? In other words does the image on the source website stay in the public domain?
Note: I have cropped the image to use in my profile.


texts: How has James Madison's term 'infamous crime' typically been defined?

texts:
James Madison in his speech to Congress in regards to what eventually would become the 5th amendment talked about 'infamous' crimes and how they should  be handled. As far as I know he did not define what an infamous crime exactly is.

So, how exactly was term defined when the specific definition was required?


texts: Can I demand partial deposit back on a joint lease?

texts:
I am living in California. I am currently on a joint lease of a house for a little more than two years. The lease is on a monthly basis (used to be a one-year lease but continued as month-to-month).

The lease is $5000/mo and the total security deposit is $5000/mo (both tenants paid $2500 each)

I am moving out soon and want to give my 30-day notice. My roommate wants to stay and find another roommate. I want to get my security deposit back. However, the apartment has some damage.

However, the landlord says that I will not get my security deposit from him. I should arrange with whoever might move in to replace me. That is fine, but the landlord is refusing to conduct an initial inspection. He is also refusing that I get the things fixed myself.

I want to know my legal rights (with source).

Who, in this case, is liable to pay me my portion of the security deposit? My fellow roommate, the one who (might) move in or the landlord?
Can a landlord refuse a final inspection when one party on the lease leaves?


texts:
i am not sure if I posting in the correct place and i will delete if not.

I have been asked by my boss how long do we have to keep customer data for?

He is a retailer and fixes computers.
A customer will come in and book their PC in for repair.
The name and address of that customer is entered into the system.
It is saved locally on that PC BUT it is also copied and stored on a server supplied by another company.

How long does that company have to legally keep/save this data for?

thanks


texts: Laws surrounding publicly (ish) displaying decoded messages received over radio

texts:
POCSAG512, POCSAG1200 and POCSAG2400 is the protocol used by pagers to transmit information to one another. The problem I'm seeing here is that it is not encrypted, only encoded, as any broadcast has to be to be broadcast in the first place.

I decided to build a simple web page that decodes and displays local pager POCSAG transmissions I can pick up (with my $30 of radio receiving equipment and a linux vm) as a show of just how insecure it it.

However, it just feels illegal.

There is stuff here that says it is confidential, and shouldn't be shared. Considering it is a public broadcast that is not encrypted, how is it dissimilar to just yelling, in a public place, "What I'm about to say is confidential and should not be heard by anyone".

Any heads up or pointers? I've already brought this up with a friend of mine studying to be a lawyer, and he gave me an all-encompassing shrug.

(Also I'm Australian)


texts: Are the title and author of a song protected by copyright?

texts:
I am developing a platform where users can search songs by BPM and Key.
The only thing that came to my mind is: can I show songs' titles and authors after the user does a search, without violating the copyright of the song and its author?
The platform is a commercial project, so I'm earning money through users' monthly subscriptions to the website. I am not earning money from the songs themselves, since I'm showing just the title, author, BPM, and key of the song, without letting the user reproduce it or listen to it in any way.
I know songs' titles do not have copyright, but does the combination of song title + author have it?


texts:
New Zealand has an Interpretation Act 1999 with the purpose:

(a) to state principles and rules for the interpretation of legislation; and
(b) to shorten legislation; and
(c) to promote consistency in the language and form of legislation.

Many other refer to this Act for basic definitions such as the definition of a person:

person includes a corporation sole, a body corporate, and an unincorporated body

It does not define what a "corporation sole", "body corporate" or an "unincorporated body" are.
For an Act that is supposed to state the rules of interpretation this seems to be a very unclear definition.
My first questions are why would this be omitted? Are they such well defined terms in law that there can be no question to whether something meets that definition?
The Australian Law Dictionary defines "corporation sole" as:

A corporate entity embodied in a single titular head whose personal identity changes as the office is vacated and a new appointment made.

For example the Governor General.
The The Oxford Dictionary of New Zealandisms says that "body corporate" is:

an association of individual owners responsible for the maintenance and administration of property held in common...

This is the definition that 99% of New Zealanders will say if you ask them.
It probably intended to mean the more general definition found in Oxford A Dictionary of Accounting:

A *corporation consisting of a body of persons legally authorized to act as one person, while being distinct from that person.

Assuming we replace persons with individual or some other term that could work.
Oxford A Dictionary of Law defines "unincorporated body" as:

An association that has no legal personality distinct from those of its members (compare corporation).

Both of these "bodies" rely on there being an "association".
The Australian Law Dictionary defines "association" as:

An entity created by the action of combining together for a common purpose; confederation, league (see incorporated association);...

An entity is... (you get the idea)
The problem with written definitions is that you need a basic vocabulary to start with so you could continue this exercise forever however I would expect the definition of person be a lot clearer than it is.
Was I combined together for a common purpose with no legal distinction from myself? Am I a person?


texts: The extent to which probate proceedings impact the timeline for payouts to beneficiaries of (ir)revocable living trusts upon the death of the settlor

texts:
In the State of Texas,
Settler creates a revocable living trust which, among other things, provides for certain GST-exempt cash payouts to be made upon her death. The trust also provides that creditors may dip into the trust to collect for any outstanding claims, but only in the instance that the remainder of her estate is insufficient to pay out the claim. Does this provision bind the administration of the trust to the probate proceedings as it relates to notice being given to potential creditors and the 4-month waiting period state law gives for said creditors to stake a claim on her estate? That is, do the payouts the trust provides for have to wait until after this waiting period to be administered? Or if it is known that no such creditors exist and the probate estate is of ample size to cover any potential surprises in terms of unknown creditors can payouts be made prior to the creditor deadline?


texts: I am a shareholder in a Private C-Corp, what are my rights?

texts: I am a shareholder in a private c-corp. I am trying to get financial records for the company and they are ignoring me. I believe this is my right as a shareholder. What options do I have? Am I mistaken about my rights?


texts: Is it legal to practice psychotherapy between different U.S. states via electronic media?

texts: Are there any laws against practicing psychotherapy across state lines via electronic media?


texts: Intellectual property in the Age of Industry 4.0

texts: I am looking for specific references describing guidance principles around the interplay between IP (intellectual property) and Artificial Intelligence algorithms. For example, Company A has a large dataset and Company B has advanced algorithmic capabilities (assume near-AI). How might Company A protect itself in a joint partnership with company B? Apologies if this SE is not the place for this - any suggestions for the right site?


texts: If the principal of a power-of-attorney agreement is the agent in another POA, does the first agent have agency towards the last party?

texts:
Asking about New York state specifically, but curious about an answer towards any state.

In one durable General Power of Attorney agreement:

Party A has agency over Party B    (A is the agent, B is the principal.)

In a second, separate durable General Power of Attorney agreement:

Party B has agency over Party C    (B is the agent, C is the principal.)

Assuming both B and C are incapacitated...

Can A make determinations for party C, acting in their B's / C's best interest? Is there a special term for this?


texts: Has somebody gotten major prison sentences in the US for simply deserting their post?

texts:
Bowe Bergdahl deserted his post in Afghanistan. Originally facing the possibility of a life-sentence, prosecutors ultimately attempted to give him a 14-year sentence.

This seems like an absolutely horrific and barbaric way to punish soldiers who, for whatever reason, felt compelled to leave their post (in this particular case, apart from suffering from a mental disorder, Bergdahl seemingly wanted to reveal some bad things happening in his unit).

My question is, has anybody ever been actually given these large sentences, simply for leaving their post?

Note: desertion to the enemy is of course an entirely different matter. Here, we are simply talking about the act of walking away, of not wishing to be part of something anymore. I would even go as far as saying that a person who does this is, more often than not, doing it in good faith, probably due to having witnessed wrongdoings and wishing to distance themselves from it.


texts: If a teenager runs away illegally but turns 18 before being found, are they still in danger?

texts: Could the police still take them back home against their will or otherwise prosecute them?


texts: Can I claim asylum inside New Zealand but not at the port of entry?

texts:
I'll head to New Zealand as I don't need a visa to travel there. I'm persecuted in my home country and after having enough (really enough) I'm leaving soon. I'll enter New Zealand by airport.

Can I claim asylum after I leave the airport in New Zealand?

I'm worried that if I file my asylum case at the airport I might not represent my case appropriately; I need legal assistance for that. Is it okay if I file for asylum once I leave the airport or must I file for asylum within the airport?


texts: My software outputs to another company's proprietary file format; legal?

texts: is there a general answer to whether it contravenes DMCA or copyright protection to have a piece of my software output to another company's proprietary file format?


texts: How do I share equity in a business run under my LLC?

texts:
There's a good chance I am thinking about this the wrong way but bear with me:

I am developing a service under my LLC. The service has nothing to do with the LLC so I'll file for a new DBA. I'd like to split the equity on the service 60/40 with a partner.

In my experience I have only ever split equity with LLCs where everyone got a percentage of ownership. What can I do to split the ownership of a service?

If this is confusing, my goal is to avoid filing for another LLC and just split revenue in a legal agreement as I'll be developing the system and expect % of profits.


texts: Can I pay less taxes because of the government shutdown?

texts:
It's my understanding that the role of taxation is to maintain a functional government. At this time, I suspect that the U.S. government is saving quite a bit of money by not paying some subset of its employees, etc., per the partial government shutdown. What I've heard in the news leads me to believe that many of those employees will not receive back-pay.

Can I pay less taxes this year, prorated against the duration of the shutdown and the proportion of the government which was not operational during that time?


texts: Is it legal for RyanAir to restrict free check-in to only 48h-2h before the flight?

texts:
Any legal basis for a complaint to a EU consumer defense organism about the new Ryan Air regulation restricting free on-line check-in window to only 48h-2h before the flight? It is clearly an abject attempt to make things difficult for passengers on two-way travels longer than two days, with no reason else than squeezing few more coins out of their pockets.

Further background:

The only remaining way to check in for free is to check in online between 48h - 2h in advance.  (And print your boarding pass unless you're eligible to use a mobile boarding pass and willing to install the RyanAir app.)
To check in online more than 48h and up to 60 days in advance, you have to select a seat; RyanAir's fee to select a standard seat is currently €4 / £4.   To check in at the airport, RyanAir's fee is currently €55 / £55.
RyanAir's free check-in window has been getting narrower for years.  In 2014 they narrowed it from 30 days to 7 days. Travel.SE question from 2014. Later it was narrowed to 4 days. Now it is 2 days.
June 2018 news articles about it: The Independent, Express, The Sun.


texts: My ex keeps coming to my house uninvited

texts:
A little under a year ago I broke up with my (ex) girlfriend because she cheated on me. I told her to get out of my life and I would stay out of hers and that was the end of it. Well for some reason this semester she keeps coming to my house uninvited and will not leave or stay away no matter how much I request it. Her response is always a long the lines of "you can't tell me what to do"

About the house:

it's owned by the college we both attend
there are 12 residents in the house, all of which say she has no reason to be here
she has been over 3 times in the past 7 days
she slept on the living room couch one night

I have tried telling her that she is on the black list we made and cannot enter the house.

How do I ensure that I can live peacefully in the privacy of my residence without her coming in whenever she pleases? We keep the doors locked but she either a) comes over with her friends who we are fine with or b) sneaks in when we have a lot of people over.

Is there something I can do legally to get the point across to her that she can not be here?

This is in the US


texts: Is a store security guard grabbing my shopping a theft?

texts:
Tonight a store security guard accosted me after leaving their store. He grabbed my bag and refused to let go. Bit of a stalemate, could have been there efor hours. Eventually sorted it out with the store manager but with hindsight I'm pondering:

What would have happened had I just let go and left him holding the bag and walked off? Apart from the comedy of leaving him with a bag of shopping that wasn't his and not being sure what he could do with it, would it constitute theft?

(I'm in the United Kingdom.)


texts:
Is it legal to require registration to obtain US Government software or data?

For example, if a government web site makes you put in an email address before you can access public data or public software, is that legal?

I know developers and data providers like to have people register because they would like a way to contact people if there is a problem with the data or software, but I'm guessing it needs to be opt in, not required.


texts: Am I legally allowed to build my own rocket and fly to space by myself?

texts: Let's say I have all the technology, knowledge, materials, money and time to build my own homemade space rocket. Am I allowed to fly to space with it?


texts: Why is a discretion in name only, because it can only be exercised one way?

texts:
Source: pp 51-52, The Rule of Law (2010) by Thomas Bingham

  But some exercises of judicial power are usually described as discretionary.
  For example, while some remedies, notably damages,
           may be claimed as of right if liability and resulting damage are proved against a defendant,
  others, notably an injunction,
           are discretionary in the sense that the judge is not bound to grant an injunction even if liability is proved. He has a discretion
           whether to grant one or not. But rules have grown up to direct the exercise of this discretion.
  If the defendant’s conduct is shown to be unlawful,
  and
           to be likely to cause harm to the claimant for which he will not be adequately compensated by damages,
  and if the defendant
           appears likely to go on doing whatever it is that the claimant complains of and gives no undertaking to desist,
  the judge
           is virtually bound to grant an injunction restraining the defendant from acting in that way. He has a discretion, but it is
           a discretion in name only because it can only be exercised one way.

I do not understand the bold; why can the judge's discretion be exercised only one way? Discretion can imply granting or refusing a request for an injunction?


texts: Wrong corporate name on employment agreement

texts:
I signed an employment agreement 6 years into a 7 year term. On the 7th year, they decided to not renew our agreement. When reviewing  my agreement I noticed the corporate name was incorrect and wasn't the complete name. Does this mistake make the agreement invalid? They are trying to hold me to the non compete in the agreement.
I was also given 10% shares of the company for starting the business for them. We did a redemption agreement for a specific amount and they never paid me. Are employment agreements for employees valid for share holders and officers of the company or should there have been a different one.

Thanks


texts: Is it legal to give money to the Federal Government to fund specific projects?

texts:
Some time ago, a few people set up a fundraiser to solicit private people to give money to fund a government project that was not meant as a gift to reduce the debt of the public. The campaign went sideways (embezzlement and fraud in the inducement are alledged), but I am more interested in the original idea, which I heard was illegal or even unconstitutional:

Why can't the federal government (the executive!) take the money raised by private citizens to fund a project they started? or phrased differently: What's the law that regulates it?

What is the legal difference between such a campaign (private citizens wanting to gift money to the government to fund a program) and war bonds?


texts:
After some google research, many (1, 2, 3) points of view that suggest that rights come with responsibilities are related (bottom line) to "community" and/or "feelings". So, if you apply rules in school, condominium... although they tend to mirror the "Rights" that you have, they are more about local rules and the responsibilities related to those rules.

So, since I'm not North American but I follow some of those discussions especially in the political context, I tend to favor the short straight answer some people would throw right in the beginning of the discussion:
"There is nothing in the Bill saying 'Freedom of speech as long you behave responsibly'".

So, in terms of law, how would that proceed? Is there implicit or explicit ways to relate Responsibilities to Rights?


texts: Can someone explain what Japanese law says about my medication?

texts:
I have a mild form of autism. To treat this I take one 60mg pill of Biphentin every day. Biphentin is "Methylphenidate Hydrochloride", being in the same category as drugs like Ritalin and other methylphenidates.

Knowing the above, and that I live in Canada; what about Japanese drug law would I have to understand and obey if I wanted to visit the country without being arrested for possession?

How much can I bring? How long can I stay with it? What can the police ask of me? If I must disclose information to authorities, what must I disclose and how? Do I need any kind of paperwork? And if so, who would need to see it?

Japan's drug laws are notoriously strict, showing zero-tolerance, with almost zero exceptions, especially for tourists; with up to date information being vary scarcely available; thus, I want to be quite careful and thus, understandably, I ask.

Sorry if this is more for USA or EU law; but I hope ya'll can help me! :)


texts: When does a mortgage rate bait and switch become fraud?

texts:
I'm currently in the process of buying a house. Once the price was negotiated and agreed upon, I solicited quotes from various mortgage brokers.  One offered a lower rate than the others, so we picked them.  I signed a loan agreement, submitted all my documents, and last week signed a rate lock agreement.

Yesterday (two weeks out from our targeted close date), the lender called to inform me that they could no longer offer the rate on the lock agreement, and offered a much worse deal instead.  There were no new revelations in the intervening time.  The reason they cited was that I've only had my current job for three months, but they've known that since I began the process, and certainly they knew that before I signed the lock agreement.

Now I have to decide whether to take the crappier loan, or to go back and find another lender and risk not being able to close on time.  I might lose the house.

This seems like a clear case of bait and switch to me.  I picked these guys because they offered a certain rate, and once I was far enough along to make it hard to go with someone else, they switched it out.

Is it legal?
Do rate lock agreements have implicit 'out' clauses?
Do I have any recourse?

Location: Texas, USA


texts: Sue the government for damages caused by retaliation over non compliance?

texts:
Lets say you're a college student with a passion for amateur chemistry. Your going to school to be a chemist. As such, you make legal purchases online for equipment over several years. At some point, the government finds your purchases suspicious. Federal agents come over to your home to investigate. During their interview, its mentioned that they would like to search your home. You object and they threaten to tell the university and your work place that you are a "person of interest" in a criminal investigation.

If they were to follow through with their threat and you suffer damages in the form of getting kicked out of school and/or losing your job. Is it possible to sue the government? How would this be done?


texts: Moving into an apartment early as a rent concession

texts:
I've been negotiating with a management company to get a rent concession on an apartment in their building. I originally asked for a 1.5 month rent concession, instead they came to me with the following arrangement:

1 month rent concession in the lease
Move in early (June 15th)
Lease and rent collection starts July 1

It's effectively still 1.5 month free, but the management company prefers this arrangement to giving a 1.5 month rent concession. I don't know why. Are there any red flags with this arrangement or things I should be aware of?


texts: When are "entire agreement" clauses invalid?

texts:
Contracts often include an "entire agreement" clause (a.k.a. "integration" or "merger" clause) like this:

This contract contains the final and entire agreement and understanding between the Parties and is the complete and exclusive statement of its terms. This contract supersedes all prior agreement and understandings, whether oral or written, in connection therewith.

This sounds like it would limit litigation regarding such an integrated contract to only (a) interpretations of the contract language or (b) factual questions of performance of the contract terms.
However this review claims:

[U.K.?] case law has established four specific limitations to entire agreement clauses:

Implied terms are not excluded
Liability for misrepresentation is not excluded
Mistakes can still be rectified
“Estoppel by convention” can still be invoked

Is this a complete and correct list of exceptions that apply to integration clauses in U.S. jurisdictions?


texts: Can a clause be added to a terms of use that forbids use of the service if the terms of use would be illegal in the user's jurisdiction?

texts:
Can one add a clause stating

Do not use this application if the terms demanded cannot be provided by law

For example, let's say one term of use states that information collected may be retained forever, which is not possible in countries subject to the GDPR.  In this case, users would be required not to use the application.


texts: Can I use a cancelled trademark if the owner is still manufacturing the product?

texts:
I recently stumbled upon a product patented in the 1950's--let's say it's a beard comb called the "Drongle"

After the patent expired, another company trademarked "Drongle" in 2006 and began selling the beard combs.

In 2013, the new manufacturer's "Drongle" trademark was cancelled--although they still manufacture and market their beard combs under the same name.

Two questions:

*Is it permissable to manufacture beard combs and market them under the "Drongle" name?

*If so, should I file for a trademark on the name "Drongle?"


texts:
If I tell a lie about my US citzenship (I am actually not), but not to a governmental agencies, I get no benefits, and I don't have the purpose to get any benefits from it, what code will specify the consequence? Am I removable?

To be more clear, is the sole action of lying illegal, or does lying must be accompanied with benefits in order to be deemed illegal. For example, in US I've heard that forging documents (such as ID) is not always illegal until you actually use them.


texts: Is there a list of SCOTUS decisions by "side"?

texts: Is there a source that lists all SCOTUS decisions for, say, the past 25 years, which names justices in the majority, versus dissenting justices (even better, separated by written opinion so that separate opinions "on the same side" can be found)? Something quicker than me reading every decision.


texts: Canadian consumer law. Invoiced for a fee I didn't agree on

texts:
I signed a contract with lawyer. In this contract, some fees were specified to be paid at agreed conditions. Any other fees, beyond the scope of a contract, were to be negotiated and agreed on in a separate agreement.
At some point, lawyer suggested that he could perform some action on my behalf (let's call it "service"). The service was outside of the scope of the agreement. He did not inform me about fees, costs, anything. I agreed. After the service was successfully done, he demanded a substantial fee for the service and he sent me an invoice.
This is of course, the short story. I talked to him about this, but it seems that we've reached a impasse, at which point I received an invoice.
Do I have to pay the fee that I wasn't informed of, and didn't agree on beforehand?
I know this is not really a place to ask this question, but perhaps someone can point me in the right direction. And, if possible, be so kind and use english-english, not law-english, as it is not my native language.


texts:
The Endangered Species Act of 1973 forbids the trade of products derived from animals and plants defined as endangered tautology seems the only way to state this.

However, products created before this date are often exempt. What are the regulations for such products and how does one create documentation for such artefacts in family possession where no provenance has ever been needed ?


texts:
Related: Is a lawyer allowed to stop representing his client?
In the event that a lawyer stops representing the client, and the client openly has told the lawyer that they have committed a crime, would it be legal for the lawyer to testify against them?


texts: Trying a foreigner in the United States - praticalities

texts:
I am reading this press release of the U.S. Attorney’s Office for the
Northern District of California.
The attorney states that:

Mason Sheppard, aka “Chaewon,” 19, of Bognor Regis, in the United
Kingdom, was charged in a criminal complaint in the Northern District
of California with conspiracy to commit wire fraud, conspiracy to
commit money laundering, and the intentional access of a protected
computer.

So the defendant appears to be located in the UK and is being charged in the US.

How would the trial work out? The guy would appoint his US trusted lawyer to defend him?
What if the guy wants to testify? He would flee in the US or Zoom would work out?
Suppose the guy is sentenced to 40 years in prison. How would it work out? The FBI would fly to UK, take the guy, force him into the plane, flight back to US and put him in prison? Or the guy would be sent to a UK prison?


texts: Would judges need to recuse themselves if they own shares of index funds?

texts:
I understand that there is some requirement or expectation for judges to recuse themselves from cases where they would have a financial interest in the outcome. Index funds were said to represent ~20% of mutual fund assets in 2014, and I imagine this proportion has only increased since then. But the holdings of those funds is predictable. If a judge's retirement were in ITOT shares, for instance, 5.48% of her wealth would be in Apple stock.
Is this taken into account with conflicts of interest? “The judge has $1 million invested in index funds” sounds very different from “The judge owns $50,000 of Apple stock,” but it actually works out to the same thing financially.
(This question doesn't need to be about index funds specifically; I just use that as an example because it's an increasingly popular sort of mutual fund, and the composition of the fund will always be predictable.)


texts:
I've reading:

https://gdpr-info.eu/art-20-gdpr/

It says:

  The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided..

I don't understand this. It talks about "personal data concerning him". What does that mean, not all data?

I'm looking for a directive that says we must be able to get ALL data in a portable form so that we can transfer it.


texts: Arbitral agreement vs amicable settlement

texts: What are the similarities and differences of arbitral agreement and amicable settlement?


texts: Prior to a divorce, can a spouse prevent the use of any saved assets?

texts: Lets say Bob and Mary are about to get separated and divorced. Bob has a 401K and a savings account that Mary can not access. To prevent having to give Mary half when they divorce, Bob decides he wants to go a luxurious vacation and spend his hard earned money. Can Mary legally prevent Bob from spending his money?


texts: "Enforcement" of 4th amendment absent exclusionary rule

texts:
Background: I am a lay person with some passing interest in the law.

The Supreme Court recently decided Utah v. Strieff, 579 U.S. ___, in which it held that the attenuation exception to the exclusionary rule was satisfied by the discovery of an arrest warrant following an unconstitutional stop. After reading the opinion, and especially Justice Sotomayor's dissent, I went looking for the various ways in which the 4th Amendment is applied in criminal cases. As pointed out by Justice Thomas in his opinion, the exclusionary rule requires that "its deterrence benefits outweigh its substantantial social costs," Hudson v. Michigan, 547 U.S. 586, 591 (2006). As I see it, this prevents the exclusionary rule from being a legal remedy to police misconduct: it seems that simply showing that the evidence was obtained illegally is not sufficient to guarantee suppression, but that the courts can weigh the costs and benefits of individual applications of the exclusionary rule on a case-by-case basis.

Moreover, the correctness of the exclusionary rule itself seems to be a matter of contention among judges: Scalia was a notable opponent of the rule, contending that modern "police forces across the United States take the constitutional rights of citizens seriously," and therefore "it is not credible to assert that internal discipline, which can limit successful careers, will not have a deterrent effect." Hudson, slip op. at 12.

There are statutory provisions for civil suits against the police for violation of these 4th Amendment rights under 18 U.S.C. 1983; however, they are unable (I assume) to overturn convictions obtained by such illegally-obtained evidence. Seeing as such evidence may lead to very severe sentences despite stemming from egregiously unconstitutional police misconduct, I doubt I'm alone in thinking that this is a rather unsatisfactory result for the criminal defendant; even more so considering as damages awarded may easily not be enough to noticeably impact the police department: for instance, I imagine the Department of Justice has quite the fiscal buffer against cases like this. Moreover, simply losing a civil suit does not (as far as I know) guarantee that any police force, no matter how corrupt, will be persuaded to police their use of searches and seizures to what is constitutionally permissible.

So, seeing as the appropriateness of the exclusionary rule is a matter of contention, and civil action seems to be the only other remedy that I could find, what are the prevailing opinions of the legal community as to either's effectiveness as a deterrent? Having a constitutional right mostly applicable in criminal cases have a civil action as its primary set of "teeth", with its procedural dentures becoming more and more limited in scope, seems odd. The 6th Amendment, for instance, allows for the vacation of a conviction based on violations of its guarantees; is the 4th Amendment significantly different in modern American law?

Clarification, as requested: Is there a recognized, fundamental difference between the rights and protections granted by the 4th Amendment and the rights granted by the rest of the Bill of Rights, such that the 4th Amendment's power over criminal proceedings is captured only by a rule which the Supreme Court as described as only "deterrent" in nature?


texts: Does a Defendant LLC that is getting sued under two business names get named and served as Defendant once or twice?

texts: Let's say "CompanyName" LLC is being sued for its business activities under the business names "FirstAssumedName" and "SecondAssumedName". Does a Plaintiff name and serve the "CompanyName" LLC once or twice for each business name?


texts: Can patent applications be written in plain English?

texts:
While doing a patent search I've come across a lot of legalese. Is there any benefit to transforming the plain English that I would use to describe my invention into the type of legalese that is found in so many patents?

In other words when writing a patent application can I just use plain English? Doing so would make my patent application different than all the ones that I've looked at which is what concerns me.

I've seen some that are so full of legalese that the true subject matter is almost incomprehensible. If nothing else I'm confident they could be explained more clearly without the legalese.

So is the use of legalese necessary? Is it a cargo cult situation? Can I ELI5 the entire application except the parts where it's necessary to use bigger words?


texts: Who is responsible if a minor drinks alcohol leftover by a restaurant patron?

texts:
Let's say you walk into a restaurant and order a meal with some alcoholic beverages. At the end of the dinner you pay for your meal and exit the restaurant, leaving some leftover alcoholic drinks on the table. Right after you leave, a teenager approaches the table and drinks the remaining alcohol.

In this scenario, who will be responsible for supplying alcohol to a minor? The person who ordered the meal? The restaurant itself? The teenager, for "stealing" the alcohol?


texts:
I hear all the time that something is in the 5th circuit or the 1st circuit of [INSERT STATE HERE].

What exactly are the different circuits?
How is law applicable based on the circuit?


texts: Open transactions: how to get open transaction treatment in US tax law?

texts:
In tax law class we said that getting open transactions is highly unusual; there are sophisticated ways of estimating future revenues so a truly indeterminate stream of revenue is not likely. But I asked my professor what's an example of something that would qualify for open transaction status today. He did not have an answer.

Any ideas?


texts: Any chance of getting back money I lent?

texts:
A few years years ago I lent 50,000$ to a friend in financial trouble and we agreed he'd pay me back when he was able to (though I have no evidence of this other than the bank transaction).
We had an argument a while ago over his gambling addiction, and we stopped talking. A few days ago I discovered he won 900000$. I asked him if he could pay back the 50000$ I lent him, and he said no because "I didn't believe in him".
I mentioned him that we agreed he'd pay me back when he was doing ok financially, and he clearly is, but he insists I agreed the money was a gift.
Is there anything that can be done legally in such a situation, or is that money gone?


texts: Will applying for a foreign passport affect my US residency status?

texts:
I'm currently a US permanent resident and wanted to travel abroad. I never received a passport from my country of origin. According to https://www.uscis.gov/ I need a foreign passport, permanent resident card, and drivers license/ID. If I apply for my passport from my country, will this affect my resident status here in the US?

I can't wait 1+ year for citizenship in the US as I plan to travel in a couple of months.


texts: Can prosecutors change or add additional charges once you plead guilty?

texts:
Suppose you are charged with theft of trade secrets. If you decide to plead guilty, can the government add further charges or change the existing ones after seeing that you've pleaded guilty? For example, because you've pleaded guilty, can the prosecutors add counts of unlawful possession of trade secrets, or lying to federal agents, or obstruction of justice, or other charges?

Once they add those charges, and because you pleaded guilty to the first, are you now also considered to be pleading guilty to the additional charges?


texts: Is "I know it when I see it" an "exception that proves the rule"?

texts:
US Supreme Court Justice William T. Goldberg is quoted in Wikipedia's I know it when I see it as follows:

  The expression became one of the best-known phrases in the history of the Supreme Court.

    I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description, and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.1

1378 U.S. at 197 (Stewart, J., concurring)

and Wikipedia's Exception that proves the rule begins

  "The exception that proves the rule" (sometimes "the exception proves the rule") is a saying whose meaning is contested. Henry Watson Fowler's Modern English Usage identifies five ways in which the phrase has been used, and each use makes some sort of reference to the role that a particular case or event takes in relation to a more general rule.

Question: I don't mean to invoke the exceptio probat regulam in casibus non exceptis usage, but instead would like to know if Justice Goldbergs words above have been used as an example of something that while it seems to have worked in this case, is an argument that generally shouldn't be used in rulings.

In other words, a scholarly version of "don't try this at home".

I'm looking for citations and examples of scholarly works or other works of law for examples, and definitely not asking for users' opinions as answers.

Note that Justice Goldberg also qualified that (re-quoted from the same source):

    This simple phrase, embedded in a plurality opinion, carries with it many of the conflicts and inconsistencies that continue to plague American obscenity law. In effect, “I know it when I see it” can still be paraphrased and unpacked as: “I know it when I see it, and someone else will know it when they see it, but what they see and what they know may or may not be what I see and what I know, and that’s okay.”

    — William T. Goldberg


texts: How does the "Plain Meaning Rule" intersect with persons and corporations

texts:
The Plain Meaning Rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
If a law is written and uses only the word "person" (or "persons"), and the law lacks a definition for the word "person", and the law does not use the words "natural persons", then does the law include a corporation as a person under the Plain Meaning Rule?
Thanks in advance.

If needed, here is some example text. In the example text, it is not clear to me whether corporations are included or excluded because (1) "person" is not defined; and (2) the words "natural persons" was not used.
The best I can tell, the conduct would include corporations because the courts have interpreted persons to include corporations via hundreds of bastardizations of the 14th amendment (like the Citizens United v. FEC case).

(a)  A person may not follow another in or about a public place or maliciously engage in a course
of conduct that alarms or seriously annoys the other:
(1)  with the intent to harass, alarm, or annoy the other;
(2)  after receiving a reasonable warning or request to stop by or on behalf of the other; and
(3)  without a legal purpose.


texts: What types of websites must respect the Web Content Accessibility Guidelines in the United States?

texts:
I wonder what types of websites, if any, must respect the Web Content Accessibility Guidelines in the United States?

I am especially interested in the application of a minimum contrast.


texts: Car broke down within 30 days of purchase. Recourse?

texts:
I live in Omaha Nebraska. I financed a car (2001 Mercury Sable) through a "buy here pay here" lot located in Council Bluffs Iowa. The car was sold "as is, no warrenty". The car was acquired less than 30 days ago.

Exactly 16 days after purchase, the car will not start. I believe the starter is bad.

Is there any recourse I can pursue? The Iowa lemon law does not seem to cover previously titled vehicles. Are there any other regulations that would allow me to receive some compensation or perhaps a replacement part or vehicle?


texts: Where is it legal to buy and inhabit a dilapidated house?

texts:
I'm a young person interested in buying a sub-$10k home for myself on auction almost anywhere in the US.

I understand that buying a cheap auction home can come with all kinds of hidden costs: liens, overdue taxes, and legally mandated renovations.

My question is just about the last point.

Where can I find counties or cities that will legally let me live in a house in very bad condition? In other words if I (theoretically) don't mind black mold, rotting roof, and other health hazards, how do I find which jurisdictions will actually allow me to live in such a home?

Obviously I'm not actually planning to live in an unsafe environment but I want to see where I can buy a home that will allow me to judge my own safety.


texts: Why does the legal system allow lawyers to give purposely confusing instructions to jurors?

texts:
I just read this answer to a popular question here, where it explains why lawyers aren't allowed in juries most of the time; here's an excerpt:

  If a lawyer is in the jury, that person will undoubtedly be able to
  explain exactly what the law requires for a finding, or exactly why a
  certain finding should be had. They will advocate one way or another;
  this is undeniable. The instructions are purposefully confusing. The
  reason is this: when we fight over jury instruction, inherently, one
  of us will want an instruction that is hard to understand, for a lay
  person. This is because we want them to apply the law as it is
  commonly (mis)understood, not as it truly is, because that's not good
  for our case.

And a comment sums the answer up nicely:

  tl;dr jury trials have become a theater where attorneys on each side
  will try to confuse the poor laypersons on the jury into voting in
  their favor. Lawyers will typically see through that and negate all
  the showmanship that the attorneys will do.

This is the first I've heard of this, and it seems unethical, unjust, and deceitful, all words that one would expect never to be able to use when talking about the legal system.

Why is this allowed? Why doesn't the law ensure that jurors, laymen and experts alike, are given clear and concise instructions?


texts: Is it good legal strategy to consider public opinion (USA)?

texts:
I read an article in which the police asked for information about a motorist. The motorist had run a motorcycle off the road, although after the motorcyclist decided kick their passenger side door.

The video was included in the article, and around half of the comments indicated that people generally felt it was justifiable self defense, while the other half agreed with the police and felt it was assault with a deadly weapon.

Would it be a good idea as a prosecutor to weigh the divided public opinion in the matter before deciding what charges to file?

My thought is this: Even if by the letter of the law the motorist committed a crime, the prosecutor knows from the comments on the video that around half of the people who see this video will decide that the motorist was justified. That seems like an uphill battle to avoid a hung jury.


texts: Small claims court jurisdication over international employment agreement?

texts:
I am a US citizen originally residing in state S.
I entered into an employment agreement with a company headquartered in country C1 (not the US), with physical offices in another country C2 and US (more specifically in California).
The employment agreement specifies that I will work in country C1 and C2, so I left state S for C1 and C2 to work for the company for some time.
There is a written promise in the agreement not fulfilled (or fulfilled too late) by my employer and in the process causing me to lose some money, around $10,000 directly, more indirectly.
The agreement did not contain anything specifying which laws should be applied in case of dispute.
The employment relationship has since ended.

Small claims court, or possibly mediation by a third party, is the venue I am leaning to for the concerned amount is relatively small. I'm not trying to ask for legal advice, but I'm not even sure in which location I should start looking to find lawyer consultation.

Without considering whether my claim itself has merit or owed amount realistic:

Who has jurisdiction in such case of violation of contract? The court in country C1/C2, state S, or California?
If California courts might have jurisdiction, will a small claims court have jurisdiction? I.e. does the fact that this involves a foreign controlled company, even though it is also incorporated in the US, change anything?


texts: In the past, how did lawyers learn the academic side of law?

texts: In the past, I have read that lawyers simply 'read law' on their own or in an office, before passing the legal (bar) exam. But if they only indentured and never went to law school, then how did they learn jurisprudence or the academic theories of law?


texts:
Many judges often wear robes in the courtroom, but sometimes, they also wear it outside of the courtroom. Where did the robes originate, and why do judges (and lawyers) wear them?

For example, the first image shows justices of the Canadian Supreme Court, the second shows justices of the Supreme Court of the United States, and the third shows a british judge.


texts: How can I check a UK company's public documents?

texts: I am interested in the articles of association and shareholder's agreement of a UK company. Where can I find them?


texts: Do you need a gambling licence to create a website where you stake virtual items?

texts:
In the game Counter-Strike: Global Offensive you have virtual items (skins) which have a community market value in most cases, in other cases it has a perceived value outside the market (if the item value exceeds the limit of the market).

Would you need to apply for licences with the gambling commission if you created a website that used skins in place of a monetary amount, while also using the skins' value to influence the games odds much like a high monetary stake?


texts: Is a judge paid by the state allowed to hear criminal cases?

texts: In my case the other party is the state. The judge also receives local judicial benefits from the state which is a party appearing before him. Like in my case it's my name verse state of Washington. And state of Washington has paid my judge $795,000. And I feel like that could be a little conflict of interest since the judge is supposed to be impartial. The code of judicial ethics in Washington state also says that both parties must be aware of any economic interest the judge has and I was never notified.


texts: Setting up and running a limited company (UK) remotely (EU)

texts:
I would like to ask what are the potential pitfalls of setting up and running a limited company from a different country. In particular, the company would be incorporated in the United Kingdom, and I would be the director/sole shareholder/only employee running it from continental EU (Czechia, to be concrete).

I am a software developer and I am more comfortable reading legal documents in English than in my native language. The other reasons why I chose the UK are

I have good experience with an unnamed mail forwarding/scanning service that offers a 'registered office address'.
It consistently ranks among the top 10 in the 'Ease of doing business' index

I can see two potential problems:

The Companies House needs to be informed about the location of the company records unless they are at the registered address. They may object to them being located outside the United Kingdom.
The mail forwarding service and all its competitors cease their operations. I suppose it would be possible to wind up the company even without a registered office address. I can travel to the UK if necessary.


texts: What is a difference between Pro Se and Pro Per?

texts:
What is a difference between Pro Se and Pro Per, in the United States legal system?

From my understanding, both terms mean a party representing themselves.

I read on https://www.avvo.com/legal-answers/what-is-the-difference-between--pro-per--and--pro--45336.html:

  Pro Se is usually used in federal court.
  Pro Per is usually used in state court.

If the statement is accurate, why, and is there any other difference?


texts:
An unlikely scenario but one I've always wondered about:

Let's say that a murder was committed. There is a pair of identical twins. Both twins had means, motive, and opportunity for the murder.

It has been proven beyond reasonable doubt that one of them committed the crime. A witness actually saw one of the twins stab someone, to death but he can't tell which one. The knife has been found, and has the twins' DNA on it. Of course, their DNA is identical, so it is evidence that one of them did it, but tells us nothing about which one. Neither twin has been able to establish an alibi.

Am I correct in assuming that a conviction is impossible, because either twin could argue that the other did it? What if one twin established an alibi, would that be sufficient to convict the other?


texts: When does ownership get transferred in a store?

texts: When somebody buys property in a store, is that ownership transferred when a successful payment is accepted at the till? Or does it not transfer until the buyer leaves the store?


texts:
If ny state vehicle statute declares it to be a misdemeanor for failing to update ones home address marked on the drivers license, punishable up to 250 dollar fine and or 15 days imprisonment, after more than 10 days of address change- does it violate the federal 4th amendment against unreasonable search or seizure of one's person.

It seems that to me if it weren't for the fact that one takes physical action to acquire the drivers license it would be in contradiction to the 4th amenent.

So if say this law applied for non drivers license, requiring one to have a valid ID, as well as current address, then this would be in violation, as given no other premises than the existence of a person and no further physical action a person would automatically be in violation and thus in plainest assumptions a person is not protected from seizure.

I understand that though the Constitution is a legal document, it's wording should be able to correctly navigate law given basic reasoning and logical rules that the layman can use.