texts: Is a testator not an executor if they execute their will?

texts:
Just want to make sure I have the right terminology. The person who makes a will and testament is a testator. The executor (also known as an administrator) has the responsibility to carry out the desires of the testator, that is, ensure that the testator's property is distributed according to the details in the will.

It's also true that, from what I've seen, the testator executes his/her will when signing it in the presence of a required number of witnesses, who confirm the identity of the testator, or in the case of a holographic will the will is executed simply by handwriting the will and signing it (without anyone witnessing it).

I just want to make sure that the executing of a will when a testator signs it is a completely different thing from the executing of a will by a chosen executor. I assume that the testator executing his/her will (at the time of signing it) does not in any way become "executor" and nor should they be conflated with the "executor of the will".

If this is the case, then I assume it's just a matter of coincidence that the words used are the same. By that I mean that in English we'd say that someone who executes is either an "executer", "executor", or "executioner", but despite that when a testator executes a will they in no way become an executor of the will in legal sense, right?


texts: How long will a person be imprisoned for failing to pay red light ticket in USA?

texts:
If a person is arrested at airport or pulled over by cop for a warrant issued coz of an unpaid red light ticket, how long is the person kept in Jail ?
From my understanding he/she is kept in jail, until the court date.

But how long is the wait for court date ?
Can such a person pay the bail on arrest and never be put behind bars for such petty crime?

Looking for answers specifically for USA.


texts: If a lease provision says that a tenant has to accept revisions, how extensive can the revisions be?

texts:
This is in the state of Washington.
The lease states that

after the expiration, the lease will automatically renew for successive terms of one month each
the resident agrees to execute all revised rental agreements upon request

Prior to the lease expiring (but more than 20 days in advance), the landlords requests that the tenant sign a month-to-month lease with a substantially different wording.
What happens if the resident refuses and insists that the old wording allows them to stay on the old lease, but for month-to-month terms instead of the new terms.
Assuming that there is no change in the amount of the rent (so no advanced notice of change of rent is necessary), which of the two provisions wins out?  Does the tenant break the lease by not executing the new (substantially differently worded) lease or does the lease renew unless the landlord gives a notice to terminate?
BTW, I am not asking for a legal advise.  I am asking if there is any state law that limits how extensive a lease revision may be.
Edit: to further narrow down the question, there is currently a moratorium on landlord-initiated termination of leases, or serving of notices of unlawful detainer, issued by the governor of the state under the emergency powers.  The landlord recognizes this, and stipulates this, when making their request.


texts: Does altering a photo allow someone to use it without infringing upon copyright laws?

texts: Just curious, I am creating a cover for a song that I will be releasing soon on some streaming services and the cover I have designed is pretty simple, minimalistic, mostly original except for one part in the center which I cut out, resized, and put some effects on, from a copyrighted image. I wanted to see if I use this if I will be infringing upon the original creators rights to the work or if my alterations are enough to make it a creation of my own. Obviously, I do not want to infringe on the original creators life so if I would be at fault here I can be sure to create a piece of my own to take its spot. Any information would be greatly appreciated. Thanks!


texts: Are county clerks exempt from Title VII of the Civil Rights Act of 1964?

texts:
Under the Civil Rights Act of 1964 Title VII, employees are offered certain protections under the law.

However, section f states that

  (f) The term “employee” means an individual employed by an employer, except that the term “employee” shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer’s personal staff, or an appointee on the policy making level or an immediate adviser with respect to the exercise of the constitutional or legal powers of the office.

Yet it also states the following:

  The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision.

So are county clerks protected under Title VII or are they exempt because the position is an elected position?


texts:
A moped rider is stopped at an intersection. Behind him is a van.

Another moped with two criminals wearing helmets rushes up from behind. One of the criminals jumps off and steals the keys from the first moped and motions for the victim to get off his bike so he can complete the theft. The victim does not get off his bike.

The criminal then jumps back on his own moped as pillion presumably with the intention of returning later to steal the bike (he now has the keys).

The van driver sees what is going on and rams the criminals’ moped before they can drive off. Both fall to the ground, recover themselves and drive off.

Was the van driver committing a crime under UK law? If so is there anything lawful he could have done to interrupt the crime?

If not, at what point does an intervention become unlawful?

https://youtu.be/BoOdvvFkXaI


texts: When going to court is it typical to have multiple related claims?

texts:
I know in large legal cases you hear about in the news, the plaintiff usually has multiple torts they accuse the defendant of. For example company A is suing company B for negligence, breach of contract, fraud etc. etc.

Is this done because it costs money to bring a case to court in the first place so you might as well go for everything at once and see what sticks?

I ask because I'm getting setup to take my landlord to small claims court. There are multiple things I believe he owes me money for such as unreturned damage deposit, prorated rent, unreturned furniture, the fact that a shared space become someone's personal space etc.  Can these all be claimed at once or is this not allowed or would "look bad" and should be dealt with as separate cases?


texts: Can a suspected thief see who called the police?

texts:
I recently lost my cell phone and then saw a Craigslist posting of a cell phone that looked similar to my cell phone with the exact same model and storage capacity and color, but its screen was smashed. The location seems to be local. The poster posted on the day after I lost my cell phone. He/she said on the posting that it was bought and then dropped, thereby causing the smashed screen.

I am extremely wary about calling the police. Part of the worry comes from the fact that I shared a personal email address with the stranger. The email address does not contain any real names, but I am concerned that something may be used to track down a person's location or identity, and if that happens, I may be in danger of a vengeful attack. Part of the worry also comes from whether the police would keep whoever calls the police secret.

Anyway, I am not entirely sure how the American law system works in response to suspected theft. What does or can the police do legally? Can the suspected thief see the identity of the one who alerts the police?


texts:
I recently went to a Macado's, for karaoke night. When we went to enter, the lady said it would be a 2$ "Cover fee". I asked if it was for both of us (my gf and I), or total, and she said it was just for me because im male. I have since found out that this is common practice in bars, nightclubs, and other things to ensure a nice ratio of men to women. Still, it feels very sexist to charge more for a specific gender. From the research I have done, it seems to be a grey area or illegal but largely unenforced. I am in Virginia, BTW.

The most on topic sources I have found are here and here.

I have looked for questions on this site, but have not seen any (that closely relate) after going through several pages.


texts: Are vows not to remove rights legally binding?

texts:
Part of the GPL license is that the owner of the copyright can never take back distribution rights (un license the work).

Is  this legally valid or is it similar to any other "free promise" ("I promise to give you a million dollars" isn't binding while "I'll give you a million dollars for this car which I'm taking now").


texts: My school is doing one of those fundraiser a where you sell things. I was thinking I could make some extra money by marking up the prices, selling them at that price, then buying them at the normal price. I'm thinking that could be illegal somehow but I don't know enough about laws to tell.


texts: In the show "Designated Survivor," all Congressman but 1 are killed, and the President desperately wants to nominate a new Congress. Why?

texts: Why is it so important to the excecutive branch that there is a full Congress? Can action not be taken by the sole remaining Congressman, or is the problem that this Congressman would have way too much power?


texts: How is property in trustees' hands safe from the trustee's own creditors?

texts:
In the context of trust law, trustees are the legal owners of the property in trust. They hold it for the beneficiaries, who are the equitable owners.

Even though trustees legally own the property, what they can do with it is limited because they owe a fiduciary duty to the beneficiaries.

However, should the trustees become insolvent/bankrupt, how is the trust property protected from their creditors (for transactions not related to the trust)? If they owe lots of money to creditors and they are the legal owners of the property, why cannot the creditors grab the property? Does the fact that the equitable title belong to somebody else protect the property from creditors in any way?

I am seeking answers for any English-centric jurisdiction.


texts:
I am developing a commercial consumer product and around 90 percent
of the development is software related.

Maybe even more to be completely honest.

Some components of my software uses open source software and with this
comes the responsibility to expose credits of the source of the components
somewhere, in text, that is visible to the users.

This exposure is also called as an "acknowledgement" or "acknowledgement file.

I have a few questions regarding this, mostly about how strict the rules
and laws around this.

First I need to explain where my software is located.

The software I have developed is actually several pieces of softwares for
different platforms.

iOS app used by iOS users
Android app used by android users
Linux application pre-installed on my product

My questions are:

Can I collect all of the acknowledgements in to one single file
and expose it in one common place such as my product website, such as
inside the the Support page on the website for my product?
Do I have to expose each platform-specific acknowledgment file
inside each and every software?

For example:
The iOS app uses components X, Y and Z.
The Android app uses component A, B and C.
The Linux application uses component I, J, H.

Does the iOS app have to have the acknowledgements of X, Y and Z
and the Android app and Linux application respectively for their components,
or can I put them all in one place?


texts: Is there a difference between a "thing of value" and a "thing of benefit" to a political campaign?

texts:
There is currently a number of claims being made, on cable tv, stating that information can be considered an in-kind contribution to a political campaign because it benefits the campaign and because some information, which is not in the public domain, is often exchanged for payments by other political campaigns.

However, this view seems to make it impossible to share information with a political campaign without being compensated for it.  If the value of such information exceeds the allowed contribution limit, then this would be a direct restriction on free political speech.

So is there a legal standard which distinguishes between "a thing of value" and "a thing of benefit" to a political campaign as far as what is considered an in-kind contribution?


texts: Can I excuse my self from all IP rights and say everything belongs to my partner, since my employer "owns all my IP"

texts:
I have signed a contract with my employeer, there is a clause stating they own all my IP in that contract.

When I joined I had spent about 2 years working on a mobile game with some friends. I spent maybe 6-7 months after joining finishing it up.

I am allowed to moonlight. So could I not just say that all work I did on that game after I joined them, was just to help out friend X. I do not own any of it, it's all his?

They have assured me that I don't have to worry unless it competes with their company. But to me that is just empty words since they wont put that in writing (I have an email from HR saying that, since I refused to sign the contract without a written email excemting me from that clause. But not sure if that is enough). If the game were to become successfull, I don't doubt they would try to take it from me if it's "my IP".


texts: Legal Issues of publishing a book on software?

texts:
Not sure if this is the right place, but I'd like to know the process on how to  publish a book on Software that I didn't produce.  I can get the book printed, bound, and put on the market, but worried about legal issues with software.

For example, there are plenty of books written on how to use Excel, SQL Server, Windows, and they include screenshots from their respective software.

Let's say I wanted to publish a book on Windows 10 and sell publicly with an ISBN (barcode), is this legal?  I own a legal copy of the software with valid licenses, so I don't see why not.  Do I need to get written permission from Microsoft to use screenshots from their software?

Can I reference a solution on SuperUser in a book?  I'm all about giving credit, but not sure how to do this properly.

What about proprietary Enterprise software that I purchased?

As of right now, I just have the book printed with coil binding, and selling it without an ISBN on the side.


texts: Florida Home Renting - Can my lease forbid repairing my vehicle?

texts:
I received a letter by my landlord today stating that I have 7 days to vacate or remedy the situation - the situation being that I replaced the alternator I suppose in my car the other day?

The title of the letter states "Seven Day Notice of Non-Compliance (With Opportunity To Cure) stating "As per the section titled vehicles which states: 'Tenant is not to repair or disassemble vehicles on the premises'"

I'm not even totally sure how I'm supposed to go about remedying this as it's not something that's ongoing, but I'm also surprised that that's a rule in my lease, is there really absolutely no way I'm allowed to fix my own car?


texts: Referring to trademarked names for profit

texts:
I am developing a tycoon type videogame about being a Game Developer. I kind of want to tell the history of the consoles and games through the history mode but I have a couple of doubts regarding copyright.

Could I use the name of the consoles and companies in the game? Say I want to say in game that Sony created the PlayStation or Nintendo created the Nintendo 64, and also include an image of the console in question.

Also would be helpful if I could include at least the name of a handful of famous games as let's say Super Mario or Final Fantasy. And if possible include at least the image of the character in question or the cover of the game itself.

I know there are already some of these games out there and none of them uses the original names but "recognizable" names that resemble the original.

I don't know if this will make any difference but I will be charging for the game, so (hopefully) I will be making a profit out of it. Also I am based in the UK, if that matters.


texts:
Recently I've faced a business plan description, where someone suggested to start business of 3D printing. And one of the use-cases is to print models of movies, comics characters and so on.

And my question is: is it legal to print a model (model is developed by businessman himself) of such characters for sale without permission?


texts: What if a restaurant suddenly cannot accept credit cards, and the customer has no cash?

texts:
If a restaurant normally accepts credit cards, and a customer eats a meal there, then tries to pay with his valid credit card, and the cashier says the credit card system is down and they can only accept cash today, and the customer has no cash, and no easy way to get cash, can the customer legally leave without ever paying? Does the restaurant have a simple and legal way to enforce the debt?

Assume the restaurant displays signs that they accept credit cards, and gives no prior notice to the contrary. Also assume the restaurant's bank has just severed its relationship with the restaurant, so credit card payments in any form are not viable.


texts: Could I be held liable for a roommate on a separate lease subleasing without permission?

texts: My roommate and I live in a student apartment in Texas. Due to special circumstances, he wants to sublease his half of the apartment to another student for about a month. We've signed separate leases for each unit. Due to extra fees, he doesn't want to report this to management. Could I be held liable if management finds out? How bad of an idea is this?


texts: In Québec, are restaurants legally required to provide free potable water upon request?

texts:
In the province of Québec, are restaurants legally required to provide free potable water upon request?

If so, what is the name/article of this law?


texts: Can I sell an Android app by taking someone's written work that is in a public domain, and then adding some of my work to it?

texts: publishers are selling their books by taking someone’s written work which is in public domain by adding some commentary, picture and translating it, so can I do the same by taking that work, adding a picture, some my own thoughts on it (commentary), making an android app and selling it


texts: What happens if two clauses in a contract come into conflict?

texts:
This is a hypothetical scenario, but hopefully it is appropriate for this board. Suppose that two people enter into a contract which contains clause A and clause B. Further suppose that, in general, the two are not contradictory, but come into conflict with each other in a certain scenario. What would happen?

A really basic and contrived example would be contract relating to price of... well something:

Clause A - Written notice must be provided at least five days in advance of changes to price.

Clause B - Price must be changed within three days of increase in cost.

Clearly A and B can come into conflict with each other depending on the situation, but they are not always in conflict with one another.


texts: Can I serve claim by email, if defendant agrees to email back to confirm reception?

texts:
I'm actioning against a car dealer in GTA in ON. I can drive to it and serve them in person, but of course I prefer email —  I  don't want to go back to the "scene of the contractual breach and tort"!

Say they agree to email back to confirm they got my stamped Statement of Claim by Small Claims Ct. Then I email them and they email back confirmation —  does it constitute service?


texts: How do lawyers determine when the preconditions for a contract have been met?

texts:
There is a contract with four preconditions, of which the failure of any ONE is sufficient to void the contract.
Clearing the four preconditions requires the execution of ten documents, involving the actions/signatures of ten people. In theory, this could mean up to 100 executions, although it's more like 60-70, because while every person has to execute at least one document, not all ten persons have to execute all ten documents.
How do lawyers keep track of which documents have been executed, and which preconditions have been fulfilled? Do they use a grid or tallying system for this purpose? Are there "best practices" in record-keeping for many of the subject matters?


texts:
I'm trying to determine if chalking a sidewalk or road is illegal, because deep inside my soul, I'm actually a six year old, and would derive no greater pleasure in life than from rolling around on concrete in a pile of chalk and terrible drawings.

It looks like the answer isn't exactly clear, either. Some places, it seems, it might be illegal as vandalism; some places, it seems it's totally fine, and some places, it seems, are contingent upon enforcement.

Please help me, Law Stack Exchange. Is it safe to unchain my inner six year old?


texts: Is there really such a thing as "international, lawless waters"?

texts:
Are there actually places on this planet, in the ocean somewhere, where you can travel by ship and then, once you are there, there are no laws?

For example, you could lure on a bunch of little kids with candy, toys and promises of riches/fame, and then subject them to torture and rape out there in the ocean, then travel back and go free from any charge, because it was done on "international waters" and they willingly came with you?

Something tells me that's not how it works.


texts: Can someone from the United States go to a foreign country with a degree from an unaccredited college and legally use it on their resume?

texts: So under the majority of united states law, from what I understand, any corporation can call them selves "University" or "college" and give out degrees (With exception to Medical, Lawyer, ect) But nothing is stopping them for giving out a degree in Egganomics or Physcoanalysis because these aren't legally protected terms. The thinking is that the businesses and organisations can take in to a count the credentials.   But countries like United Kingdom have laws regarding what is considered a "degree". So if I had a degree from "Hudson University" with a degree in say Egg Engineering would the United Kingdom accept the United States decision for it being considered a degree? Or would they call it quackery and arrest me for fraud?


texts: Is there a law in Arkansas requiring foster children be adopted together, rather than individually?

texts:
I am currently a foster parent in Arkansas. One foster child lives with me, and the other three live with other foster parents. We're not sure yet, but it looks like the parents' rights will be terminated soon. My wife and I have expressed interest in adopting the child currently in our care, but we have recently been told that there is a "new law" in Arkansas which requires that foster children be adopted with their siblings.  We were told (by a social worker from the state) that first the children would be available to residents in the county, and if nobody adopted the children from the county after a period of time, they would subsequently open the adoption up to the whole state, followed by the whole country.

I understand the desire to keep the children together if at all possible.  However in this case, three out of the four children have special needs which make taking care of them particularly difficult.  I cannot imagine that anybody will take on the task of adopting all four of them (maybe I'm completely wrong - I hope I am).  But when I asked what would happen after, say, several years with no adoption prospects, I was told that, no, the children would still ONLY be allowed to be adopted together.

Is this true?  Would the state seriously deny adoption in all cases, even after the children had been up for adoption for several years?  It seems in this particular case that it may do more harm to the children than good - e.g. the child which we are fostering (and who we are interested in adopting) is very young, and at this point, we have had the child for nearly half of his life; he barely even remembers his parents/siblings.

Does anybody know what specific law this person was referring to?  I am curious to look it up myself and see if it is as absolute as this person was telling me.  I would challenge this person myself, but I don't want to appear rude by challenging them outright without having researched it myself.


texts: If an email I received mentions that copying or forwarding is forbidden, can I still legally do so?

texts:
If an email I received mentions that copying or forwarding the email is forbidden, can I still legally do so?

For example, here is a typical disclaimer some of the emails I received contain:

  If the reader of this message is not the intended recipient, or the employee or agent responsible for delivery to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is STRICTLY PROHIBITED.

Is that prohibition legally enforceable in the United States?

If state-specific, I am mostly interested in the case where I am located in California, New York or Massachusetts.


texts: Can UK doctors legally prescribe drugs online?

texts:
The online pharmacy Kiwi Drug claims to dispense drugs legally from their online NHS-affiliated doctors, who prescribe drugs online.

  Kiwi Drug provides an online doctor service through its UK affiliate,
  which is registered with the Care Quality Commission to provide
  prescriptions online.

  Prescriptions are dispensed by an NHS pharmacy regulated by the
  General Pharmaceutical Council.

  Kiwi Drug's affiliate's doctors are GMC registered. Most are
  experienced GPs. They are all trained in providing prescription
  medicine online. The doctors are individually responsible for the
  prescriptions they issue. Registered pharmacists are responsible for
  dispensing.

Assuming the pharmacy's claims are true, is it actually legal for a doctor to give prescriptions based on an online "consultation" in the UK?


texts: Using someone else's registered trademark

texts:
This seems like a very textbook and common question, but I can't find it anywhere. Here's an example of the situation:

A card game called Cards Against Humanity sometimes uses other company's names or slogans. For example, it might say something like:

  But before I kill you, Mr. Bond, I must show you...

Although James Bond is now in the public domain, let's say it wasn't yet. Would Cards Against Humanity be required to use the ® symbol like this or at all?

  But before I kill you, Mr. Bond ®, I must show you...


texts: Does ability to impeach an expert witness on science or scholarship go too far?

texts:
In court, on impeaching expert testimony: Imagine that Einstein is still alive, that he hadn't done anything since he actually died, that he was never famous (so no one in a modern courtroom except for two lawyers knows who he is), and that the world's knowledge of relativity had not changed since he actually died. At someone else's trial, he testifies on relativity as an expert. Answering questions, he explains both his special and general theories in terms a jury understands. Counsel thanks him. Opposing counsel in cross-examination asks Einstein if his theory includes a "cosmological constant". Einstein testifies firmly: "No." Opposing counsel reads to the court from an earlier publication by Einstein that there is a cosmological constant. Einstein seems urgently about to say something but the judge reminds him that he may only answer questions he is asked and no questions are pending at the moment. Opposing counsel has no further questions, counsel who brought Einstein does not seek to ask anything (perhaps because not expecting this turn of events) and the witness is dismissed. Someone searching history would find that Einstein had publicly said that the cosmological constant was the "biggest blunder of his life", but a jury is not allowed to do outside research before issuing its verdict and this is not a nonjury trial. I understand that impeachment frequently works to persuade a trier of fact to disregard impeached testimony; assume such persuasiveness succeeds in this case.

I think this illustrates an inadequacy of the system of determining the state of scholarship through expert testimony, among other reasons because it discourages bringing an expert who might ever have published a statement they would later dispute, and that would exclude most research scholars with long publication histories. Am I legally wrong about this hypothetical Einstein being easily impeachable? Does this vary much by jurisdiction of place?

I'm not opening a debate on reform, just trying to see if I misunderstand the general law.


texts: Is firing for unionizing legal? (The Office, S2E15)

texts:
In Season 2, Episode 15 ("Boys and Girls") of The Office (U.S. series), the warehouse workers in the Pennsylvania branch of the New York-based company begin deciding to unionize.
Vice President of Sales Jan Levinson learns of the workers' discussion from Regional Manager Michael Scott, who is her subordinate and their supervisor. Jan then tells the workers that the company will terminate their employment if they unionize.

Jan (to Michael): What? A union?
...
Michael (to Jan): Let's be rational here. What are the pros, what are the cons?
Jan (to Michael): The cons are that everyone will lose their job, Michael. Everyone. Office, warehouse. What do you think the pros are here?
...
Jan (to workers): Excuse me. Excuse me. I'm told there's been some interest in forming a union, and that Michael supported it. Obviously he's not a friend of yours, because he didn't tell you the facts. So let me.
Jan (to workers): If there is even a whiff of unionizing in this branch, I can guarantee you the branch will be shut down like that. (Snaps) They unionized in Pittsfield, and we all know what happened in Pittsfield. It will cost each of you a fortune in legal fees and union fees and that'll be nothing compared to the cost of losing your jobs. So I would think long and hard before sacrificing your savings and your futures just to send a message.

My understanding was that U.S. employees could not be fired for forming a union.
However, if that were so, this scene would square oddly with the rest of the series, as entire episodes are devoted to displaying that company's reticence towards lawsuits.
A. Was it illegal for Jan to state this threat to their jobs?
B. Would it be illegal for the company to carry out the promised actions?

EDIT: Clarified who the conversations were with.


texts:
I'm going to release an open source project, let's call it ABC. My project is a piece of software that is non-commercial. However, ABC already exists as a trademark for an existing company.

My project is software. This company sells a consumable product. Would I be infringing on their trademark, or is it okay because they are in completely different "realms"?


texts: Is there anything stopping US States from pirating software now, with this new Supreme Court ruling?

texts:
Recently, the US Supreme Court ruled that states can't be sued over copyright violations due to sovereign immunity in a lawsuit between North Carolina and a film-maker whose work was infringed by them.

Is there anything stopping the various States of the USA from simply engaging in widespread software piracy now? Why would, say, the local DMV bother paying for software licenses from whatever enterprise software it requires? Heck, is there anything stopping them from using Eminent Domain to forcibly take copies of proprietary software from a company for their own organizational use, posting it for free download from one of their websites, and then paying them nothing because a "fair market value" for free software is nothing?

The court specifically addressed the Fourteenth Amendment and why they felt they did not apply in this case, as well as why the Copyright Clause did not apply.


texts: What should I look for when seeking a lawyer?

texts:
The standard legal disclaimer is that someone should ask a lawyer if they really need legal advice. So how do you find the right lawyer?

How can you judge how "good" a lawyer is? How can you find what is a fair price? Are there other things you should check?

For any lawyers here, how do your clients find you, and what kinds of things should encourage someone to hire you?


texts: Are public university classrooms considered public space?

texts: This question pertains to the USA. In all public universities I'm aware of, anyone can get on campus, sit in on virtually any lecture, and enter the school's library. Does this mean that public universities are considered public space? What about within a public university classroom? Do people have an expectation of privacy when in a public university classroom?


texts: What options do I have as a renter when the carpet smells like pet urine?

texts:
I moved to AZ and was unable to personally inspect the unit prior to signing a lease. I noticed the carpets smelled like pet urine within 48 hours and noted this in the move in checklist.
I eventually got ahold of the landlord and they sent carpet cleaners to the unit but after several days the urine scent is still very present.
Am I able to break the lease if I feel the carpet poses a health risk or do I somehow need to prove it's a health risk?
What are they required to do to remedy?
https://housing.az.gov/general-public/landlord-and-tenant-act
https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf


texts: Must German job postings include "(m/f)" even in English?

texts:
As I understand it, German law requires companies posting job openings to address the gendered nature of the German language by including both the masculine and feminine forms of the job title (e.g., by writing "Programmierer(in)" for both maculine "Programmierer" and feminine "Programmiererin").  When these job postings are then translated into English, this distinction is kept by including "(m/f)" or "(m/f/d)" in the job title, despite the fact that (the vast majority of) job titles are ungendered in English, so it makes the company look like they don't understand how English works.

Is keeping this distinction in English a legal requirement, or are companies just doing it to be safe against any hypothetical legal challenges?  Has a German company ever gotten in trouble for not including all genders in a job posting in a language that doesn't gender nouns?


texts: US laws requiring US citizens to enter the country at designated border crossings

texts:
I've been able to find only one law that requires people entering the US to use designated border crossing points, which is 8 USC 1325.  This law applies only to aliens, however; both relevant subsections of the code begin with "Any alien who...."

Is there a US law that requires US citizens to use designated ports of entry when entering the US?

Is there a law requiring US citizens to present themselves for immigration inspection (or customs inspection) if they cross the border somewhere other than a designated port of entry?


texts: Patent law: What is the litmus test for 'inventive step' \'non obvious'?

texts:
As I understand it the EPC (Europe) requires 'inventive step' and the USPTO require claims to be 'non obvious'.   An electronic measurement was designed and tested.  What are the questions that one should ask when determining:

How to identify the 'inventive step' of my invention?
How do I determine if the invention is 'obvious' (litmus test)

I have read the section below: said invention requires skills from electrical engineering, system engineering, computer science and industrial engineering.

  35 U.S.C. 103  Conditions for patentability; non-obvious subject
  matter

  A patent for a claimed invention may not be obtained, notwithstanding
  that the claimed invention is not identically disclosed as set forth
  in section 102, if the differences between the claimed invention and
  the prior art are such that the claimed invention as a whole would
  have been obvious before the effective filing date of the claimed
  invention to a person having ordinary skill in the art to which the
  claimed invention pertains. Patentability shall not be negated by the
  manner in which the invention was made.


texts: Developing a video game set in a real life business. Can I get sued?

texts:
I've been developing a video game for some time now. The game takes place inside a real-life, privately owned restaurant. The game art style is more realistic than anything. Just about everything is the same, from the tables and chairs, to wall color and architecture etc. – just about an exact replica. Coming from a customer service point of view, some objectives in the game would make the restaurant look bad.

What can I do to make sure I don't get into any trouble?

PS: Based on what the game is about, I highly doubt the owners will give permission.

Should I simply give the restaurant a different name?
Should I feature the restaurant in a different city than where it really resides?

What if I mirrored all of the architecture to be backwards like how people "Mirror" copyrighted video on youtube?

Any suggestions would be appreciated. I've put a whole lot of time into this project.


texts: Are these unsolicited seed packages illegal?

texts:
I recently came across an article with the headline "Some mystery seeds illegally sent from China identified." It struck me as odd because obviously sending unsolicited junk mail isn't illegal, and I didn't think there was anything illegal about sending seeds internationally.
Is there anything illegal about this?


texts:
Can I fly a rocket of any size with just an FAA waiver?

Could I fly a rocket on an orbital trajectory, like the SS-520? (Although for that I realize there are FCC and NOAA licenses on the satellites.)

Also what licensing would I need to actually build a rocket of that size (like LEUP) and to transport it to the launch location?

Lastly what kind of launch site/rocket inspection and launch oversite/NOTAM and other notices would I need?

Just to be clear: I am talking about experimental rocketry within the realms of Copenhagen suborbitals and CSXT, and I am not talking about NAR, tripoli or model rocketry.

I would be using ammonium perchlorate, aluminum powder, and iron oxide for solid. And liquid methane/LOX for an autogenous pressurization closed cycle gas generator engine.

I have already checked my townhall for applicable fire ordinances.


texts: Disabled fiancée is harassed by her father and I'm a witness. Am I an accomplice from not helping?

texts:
Quick context summary:

I've been with my fiancée for years. Although we call ourselves as such, we are not legally married nor recognised as a couple.
We're living around 500 kilometres/311 miles away from each other, but we always call each other on Skype every week-end.
She's suffering heavy physical disability, which means she's sitting in a wheelchair and can't move much. Travelling requires a special car, as well as caregivers (or her parents) to provide cares when needed.
In France, apart from yourself, only a family member (or your legal partner) can fill a complaint about physical or verbal harassment. If you're a friend or an acquaintance, you can't do anything.
In France, if you're witnessing someone being in a dangerous situation (e.g. someone's getting mugged in an alley for example), you need to do what you can to help without putting yourself in danger (such as calling for help, or fighting if you believe you can save them). Otherwise, you will be considered an accomplice.

~~~~~~~~~~

In-depth story:

My fiancée's father is an alcohol and drug addict. More than once, he pretended that he would get cured, when he actually didn't follow the instructions.

When he's sober, he's quite calm (almost a decent man). But most of the time, he's drunk or drugged up (or both simultaneously). When he is, he would harass my fiancée and his wife. It's mostly verbal harassment (calling them by names, insulting them, telling them how useless their effort is), although sometime he would physically harass my fiancée too (although not sexually, but only her because she's stuck in a wheelchair). Once in a while (approximately once per month), she would call me on Skype, crying, morally broken, desperate. Sometime, I could hear him during our call session too.

My fiancée's mother called the police once, but all they did was keep him a few hours before releasing him because he wasn't much of a trouble. Then he kept doing what he's been doing all this time again. They didn't even bother meeting with my fiancée, despite being one of the 2 victims.

Now, my fiancée has been thinking about filling a complaint more than once. However, because of her heavy physical disability, she can't go to the police station herself. Her mother isn't motivated enough to do so (I don't know why, maybe she ain't got the time; plus the father would stop them), and since they're living in the middle of nowhere, nobody can help them.

When I told my law teacher about it, he told me I had to help her. Although I'm her fiancé, I can't fill a complaint for her either, because we're not legally recognised as a couple. Either she or her mother has to go to the police station, but:

She can't travel by herself.
Her mother can't leave her alone at home like that either.

Right now, I'm a witness of what's happening, but so far there's nothing I was able to do to help them except looking for information (which isn't helpful).

Am I an accomplice if I don't actually try to help?


texts: Were the American strikes on Syria legal?

texts:
On the recent American strike on Syria, Leeds University, UK writes:

  Demonstrates Trump is willing to go it alone and conduct illegal air strikes if needed by appealing to the moral necessity to do something.

My questions are:

Were the strikes legal?
If they were illegal, what are the potential legal consequences? (We can ignore political consequences for this question)


texts: Are there any laws in Australia that would stop someone having a doorbell that captured fingerprints

texts:
Technology to capture fingerprints is becoming common. One could imagine a doorbell that logs and stores fingerprints of every person who uses the bell.

Are there any laws in Australia that would prevent a doorbell like this being used?


texts: Is this (seeming ageism) legal in Switzerland?

texts:
I am a freelance software developer. I have just received an email describing a possible position in Switzerland. Among the requirements, all others for technical knowledge & skills, was this:

Graduated in the last 5 – 10 years

Is this legal in Switzerland? My first thought was ageism, but then I realized that they (cleverly?) do not explicitly say that.
Perhaps they think that anyone who graduated before 10 years ago might not have been taught the necessary skills? (and, they don't care if they have acquired them in industry, rather than university)
It certainly smacks of ageism to me, but I wonder if someone could actually succeed with a discrimination case in a Swiss court.


texts: What are "cooperation in perfecting rights" and are they enforcable?

texts:
Bellow is an example "Perfection Rights" provision from a employment contract. To me it seems to be saying 1) you agree to do paper work we may need you to do, even after you are no longer working for us 2) if you're not able to, we can do the paper work for you. Is either 1) or 2) enforcable? I'm guessing 1) isn't based on the answer given in this question.

Cooperation in Perfecting Rights to Proprietary Information and Innovations.
I agree to perform, both during and after my employment, all acts
deemed necessary or desirable by BigBucks to permit and assist
BigBucks, at BigBucks’s expense, in obtaining and enforcing the full
benefits, enjoyment, rights and title throughout the world in the
Proprietary Information (including improvements thereof) and
Innovations (including derivative works, improvements, renewals,
extensions, continuations, divisionals, continuations in part,
continuing patent applications, reissues, and reexaminations thereof)
assigned or licensed to, or whose rights are irrevocably waived and
shall not be asserted against, BigBucks under this Agreement. Such
acts may include execution of documents and assistance or cooperation
(i) in the filing, prosecution, registration, and memorialization of
assignment of any applicable patents, copyrights, mask work, or other
applications, (ii) in the enforcement of any applicable patents,
copyrights, mask work, moral rights, trade secrets, or other
proprietary rights, and (iii) in other legal proceedings related to
the Proprietary Information or Innovations.
In the event that BigBucks is unable to secure my signature to any
document needed in connection with any of the actions specified in the
preceding paragraph, I hereby irrevocably designate and appoint
BigBucks and BigBucks’s duly authorized officers and agents as my
agents and attorneys-in-fact, which appointment is coupled with an
interest, to act for and on my behalf and instead of me, (i) to
execute, verify and file, prosecute, register and memorialize the
assignment of any such documents, (ii) to execute, verify and file any
documentation required for such enforcement, and (iii) to do all other
lawfully permitted acts to further the purposes of the preceding
paragraph, all with the same legal force and effect as if executed by
me.

Here are more examples.


texts: Access device contact but show names as they exist from an app' servers

texts:
Someone has created an app that asks users if it can have access to their contacts from their smartphone. If the user grants this access the app uploads the email addresses and telephone numbers of their contacts to a function on the server to work out which of their contacts also use the app and display those users only to this user in the app.
The same approach is taken by WhatsApp and Signal. The contacts are not stored, they are simply checked against known users of the app to provide the user with a list of their own contacts that also use the app only.
However, what this business intends to do is show the username of the user's contacts as it appears with the app rather than the name the user has stored in their phone's contacts.
For example:
If a user has a John Smith stored in their contacts on their phone with a telephone number of 888-888 then when they allow the app to access their contacts, the phone number 888-888 is uploaded. This number is a user of the app but under the name of Joan Smithe. Rather than show John Smith, the client wants to instead show the name as recorded in the app's servers - so Joan Smithe would be that contact's name in the app to the user that uploaded their contacts.
Is that legal? Is that GDPR legal?


texts: Can an employer monitor employees off-premises?

texts: Can an employer monitor employees off-premises or during activities not in course of their employment? Can they fix what people can do in their day to day life and activities in any way? For example, an employer dictating what brand of products may be used in the employees' day to day non-working life.


texts: Are UK accounting laws compatible with South African accounting laws?

texts:
My mother is in South Africa. She has British Passport and would like to return to the UK.

At present, she is a bookkeeper in South Africa but as I understand it, different countries have different laws (financial/accounting).

Would she be able to come to the UK and work without having to complete some training to be able to practice?


texts: Has the SC ever overturned a decision twice?

texts:
The nation's high court has overturned 236 rulings in its history, some of which marked sea changes in American society and rule of law.

Well, has it ever overturned a decision which itself overturned a previous decision?  Thus has case C overturned case B which overturned case A?


texts: Can a deposition be held without filing a lawsuit, going to trial, or absent any other court proceeding?


texts: Has anyone ever won a lawsuit against oneself?

texts:
The legal blog Lowering The Bar has a list of lawsuits where both the plaintiff and the defendant were the same person or legal entity.

Some of the examples are:

"Utah Court Says Woman Can Sue Herself", Lowering the Bar

  You might not consider Utah the most progressive state, but it has
  become the first to grant its citizens a controversial right that many
  have long been denied, proving that the law does evolve. Utah has now
  become the first state to officially allow its citizens to sue
  themselves.

  As the Salt Lake Tribune reports (thanks, Mark), a unanimous panel of
  the Court of Appeals ruled on February 15 that Utah law allows a
  decedent's heir and the personal representative of his estate to sue
  the driver who allegedly caused the accident that killed him. That
  wouldn't be unusual except that in Bagley v. Bagley, those are all the
  same people.

"Woman Seeks Damages for Damage Caused by Woman", Lowering the Bar

  "I think I can safely say this is a very unusual claim," said Shari
  Moore, the city clerk of St. Paul, Minnesota. Moore was talking about
  Megan Campbell's claim against the city for damage to her car caused
  when a city vehicle crashed into it. Driving that city vehicle: Megan
  Campbell.

However, all of the lawsuits listed appeared to have been thrown out or in progress. There was also a recent report of a man suing himself and winning, but the article was sourced from a satirical news site.

Are there any examples of such cases of autolitigation where the plaintiff was awarded damages of some kind, as opposed to the lawsuit being thrown out?


texts: Can an NDA be legally valid if there's agreement to not disclose real information?

texts:
Say two parties agree to an NDA, but the NDA has a special addendum that tells the other party that they cannot reveal real information about the first party (the provider) to anyone, including the general public, media, news outlets, etc. Most NDAs are about keeping some information hidden, but is it legally valid if such information pertains specifically to one's identity and personal characteristics (such as name, location, age, height, physical features, and etc.). Will the party still be under penalty?

In other short words, can an NDA be legally permissible and in effect if it pertains to personal info?

An example could be someone operating in business under a different name (not illegal); someone who would suffer financial loss if a business or general public knew some info about them; or someone who has faced public scrutiny (i.e., false criminal punishment) and cannot, at least in good public image, disclose or have someone disclose their identity outside of private business matters.


texts: Can I shoot my homemade bow and arrow in my backyard in Beaverton Oregon?

texts: I have a PVC homemade bow in my backyard that I want to shoot. Can I shoot it at a target that is up against the fence? I will put cardboard around it, but I have neighbors on three sides of my house and a road on the 4th. I will be shooting down but I might miss. Do I need to get the neighbor's permission and if I do is it still legal?


texts:
In the 2004 German movie The Edukators, part of the characters motivation revolves around a damage reparation:

  "Jule is a waitress struggling to pay off a €100,000 debt she incurred a year ago when she crashed into a Mercedes-Benz S-Class belonging to a wealthy businessman named Hardenberg"

Around the world, specifically Germany, US and Brazil, I'm wondering how realistic this would be. In particular if the responsible party had car insurance with reasonable (but not infinite) coverage for third party.

In practical terms, let's say I have car insurance, which covers around 50k local monetary units in damages to third parties. Then I hit a very expensive luxury car, say a Ferrari, which for the purpose for this example is worth ten million local monetary units. Totaling 8 million in repairs costs. I readily call my insurance to reimburse the Ferrari owner. If taken to court, how much could I actually be charged in each of those countries?

My assumption is that I've made my precaution for paying any third party a reasonable amount (50k should pay the repairs for any regular car). After a certain amount, the owner of the Ferrari should be aware that he cannot reasonably expect that a regular person would or should have the means to repair his damages, hence after some amount it should be his problem.

In that case, for each of these countries, would I have to spend the rest of my life with debt? Would the insurance let me walk free of any further headache? Or would there be a reference amount I should pay on top of the insurance coverage?

Edit: For clarification, only property damage is assumed, no injured people.


texts: How important is the © symbol in copyright notices?

texts:
Many years ago, probably some time around 1990, a lawyer was sent around my employer (in the UK) to brief all the programmers about the need to include a proper copyright notice at the top of every source code file, including the "©" c-in-a-circle copyright symbol.
We programmers tried to explain that the ASCII character set did not include the copyright symbol, and hence our practice was to use "(c)" c-in-brackets. The lawyer replied that this was not acceptable, it had to be a proper c-in-a-circle, and it was up to us techies to figure out how to do it. Needless to say we let him go on his way and carried on using "(c)" because there was nothing else we could do.
According to Wikipedia the US Copyright office has always accepted "(c)", but it says nothing about other countries. And there are still some countries that are not signatories to the Berne Convention.
These days of course putting the proper symbol in source code is not a problem as long as your programming tools can handle Unicode. But I have always wondered: why was the © symbol so important then, and is it still important now?


texts:
The lease agreement for my rental home clearly says that the landlord is responsible for paying for garbage services. However, after asking why I hadn't received our garbage bins yet, the leasing company told me that there was a typo on the lease and that I am responsible for all utilities (citing advertisements for the house which said as much).

Who is legally responsible for paying for the garbage utilities?


texts: What protects Glenn Greenwald from liability under U.S. law for his role in the publication of classified materials provided by Snowden?

texts:
Edward Snowden leaked classified U.S. government materials to be published by Glenn Greenwald.

Chelsea Manning leaked classified U.S. government materials to be published by Julian Assange.

Now,

Manning has been successfully prosecuted in the U.S.
The U.S. government has made clear its intention to prosecute Snowden if it can get its hands on him.
Julian Assange is the subject of a criminal investigation, and has been successfully scared into hiding in an Ecuadorian embassy.

However, Greenwald appears to enjoy immunity from prosecution for his role in the publication of Snowden's materials.

What is the basis of immunity, and why does it not extend to the other three?


texts: Can a Resident Assistant be told to ignore a lawful order?'

texts:
Today I have an interesting question involving Police, Fire and university administration.

A little bit of background: for the past few years, my University has been involved  in a small, awkward cold war with local emergency responders over expectations on live-in Residential Assistants during emergency situations. Specifically, the biggest flashpoints are fire alarms and wellness checks on residents.

Within the dorms, we have been told that both Campus Police and Local Fire Departments have been provided keys to all rooms in case an emergency (fire or safety) is reported. We have also been told that we are, under no circumstances, to assist Police or Fire with entering a room (to which we have keys as Resident Assistants, for lockouts and the like) until we have received permission from several layers of (on-call) department administration.

The heads of the Residential Services Office insist that this is to protect the department in the case of a privacy complaint on behalf of a resident who we let police into the room of, and to avoid liability from ordering (by policy) RAs back into a potentially dangerous building under alarm.

Police and fire, meanwhile, never seem to have the keys. Thus, for the safety of the building or the resident, they will order us to open up the door for them, right now.

Which brings us to the issue: Police/fire wants us to open a door, and gives us what I believe is a lawful order do so. Meanwhile, Residence Life policy wants us to call up to our supervisor and follow a whole procedure, directly countermanding the orders of the officer or firefighter on scene.

Must I open the door, legally speaking? And is my department's policy of refusal illegal/unenforceable?


texts: How can I protect my, and my partner's, work?

texts:
I'm a web developer looking for a partner on the "ProgrammerMeetDesigner" community.

Working with a stranger may be tricky, as he could steal my work and I could steal his work (not that I would do it, but you get the point).

What is the most convenient and efficient ways to protect each other's work from each other?


texts: How do 'suicide pacts' relate to the US Constitution?

texts:
Justice Jackson's dissent in Terminiello v. City of Chicago, 337 U.S. 1 (1949):

  This Court has gone far toward accepting the doctrine that civil liberty means the removal of all restraints from these crowds and that all local attempts to maintain order are impairments of the liberty of the citizen. The choice is not between order and liberty. It is between liberty with order and anarchy without either. There is danger that, if the Court does not temper its doctrinaire logic with a little practical wisdom, it will convert the constitutional Bill of Rights into a suicide pact.

A ELU user  explained it:

  The phrase "The Constitution is not a suicide pact" contends that the civil rights guaranteed under a constitution (the U.S. Constitution specifically, but I suppose it could apply to any constitution) should not be construed in such a way as to enable the destruction of the society it governs.

But I still don't understand the relevance or metaphor of 'suicide pact'. What/Who metaphorically has agreed to suicide? How've they agreed? What is the  'suicide'? 'Destruction of the society' isn't necessary suicide, e.g. if it's something not agreed that destroys (e.g. civil war, nuclear weapons accident).


texts: Hosting 3rd party videos on my own website

texts:
I did some research and I can't really work out if it is okay or not to host videos from 3rd party websites.

Because embedding YouTube video is okay, but embedding another videos which you don't have any rights as well as YouTube video does not seem to be legal.

As example, there are hundreds of videos posted online and hundreds of websites showing full movies etc. But is it legal to actually have the video embedded which was not uploaded by yourself on your own website? If not, how come there are so many websites doing so?


texts: Family law protections offered by EU Citizenship

texts:
As a United States Citizen living in an EU country, would I be offered any additional protections in family law cases if I became an EU citizen?
What if my EU citizenship was of a neighboring country, but not the one I was residing in?
For example, if an bitter ex-spouse came after me to take full custody of our children without cause. As a US citizen, I feel like I would have the odds against me and perhaps not offered the same legal support as an EU citizen would have. Or am I paranoid?


texts: What methods do lawyers use to find hidden property and assets during divorce

texts:
When divorce attorneys are helping clients, what methods do they have at their disposal to find assets and property that has been hidden by their opponents clients?

Is there a proper phase for this kind of research and investigation? Or should the client try to find out as much before filing?

What if one spouse creates a corporation and transfers assets into it before the divorce? Can a person create a corporation completely anonymously without any trace going back to the person?

What happens in court when one spouse refuses to identify any assets, or pay alimony or provide any kind of spousal support at all?


texts:
I'm representing my wife in a minor legal case (I'm more comfortable with the formal aspects than she is), but I'd rather avoid describing myself as the husband of the accused.

Is there a more formal word to describe this? I'm not sure if "legal counsel" is accurate/allowed, and I definitely can't say I'm her attorney (I'm not a lawyer).


texts:
Defendants are punished for exercising their right to trial - the State advocates for the harshest possible punishment unless the defendant enters into a plea bargain which requires the defendant to, under oath, waive their constitutional right(s).  Further, the trial adds several months of delay to the adjudication of her case.  So, the punishment is further multiplied.

Finally, how is it ethical for the State to conspire with a defendant to create and perpetuate a lie?  Plea bargains are lies - both the defendant and the prosecution know that the plea is something other than the truth yet they conspire to a falsehood and then go before a Judge swear that falsehood is truth under oath.

Seems shoddy.


texts: Is it illegal to restore a car in my own driveway in Orange County, CA?

texts: Long story short, I live in Anaheim, CA. I can't find any mention of laws regarding this, so here goes.  My father has had a classic Camaro in our driveway since the 90s. It has been parked and rusting away.  It is insured and registered as inoperable, since it doesn't run.  I now have the means to fix it for him, so I've been working on it here and there in the driveway.  The city came to my home and gave me a warning that I need to either finish and get it running, or they'll tow it away?  If I just cover it up with a car cover will I be fine?  Or, do I seriously need to get this thing running in 3 days?  Are they even allowed to do something as extreme as take the car from us?


texts: Can a Renter Display Construction/Road Signs on a Rental Property?

texts:
Can a renter install highway or road signs on a rental property?  And I mean like drilling right into the side of the house, which is stucco.

I'm in California and have a new problem neighbor who has done just this.  I don't know what he does for a living, maybe he works in construction and has free access to them.

He has drilled different-sized highway/construction and road signs on the one side of the property he's renting.  It looks God-awful now.

Is this legal?  What can the property management company and/or the property owner do about this?


texts: Who is legally responsible for my lost package?

texts:
I ordered a package through AliExpress a few months ago. It has since been lost, and it is impossible to get anyone to take any kind of responsibility.

I ordered from AliExpress.
Seller is Xiaozhufeifei All Magnets Factory Store.
The product left China on March 13.
The product arrived at PostNL (Dutch company) on March 16.
The product was forwarded towards Denmark, where I live, on
March 17.

All of the above is confirmed from all parties included. What happens next seems to be unclear:

March 19, the tracking information on AliExpress claims the package has arrived in country of destination. This is the last tracking update from AliExpress.
PostNL also says the package arrived in Denmark at March 19.
PostNord (Danish) has March 16 as their latest update on their tracking info, and claim to never have received a package.

Now, both PostNord and PostNL says that I have to contact the seller because it is their responsibility, and that they cannot do anything.

The seller, however, says I have to go to the local post office and request them to find my package, as that is what they have been told by the shippers. Now when I try to contact the postal service company, they simply say that they have never received the packages in their system, like they have said before. When I relay this information to the seller, they pretty much just repeat what they have said before.

I have contacted PostNL again as well, as they are the last company which without doubt has handled my goods, but they just repeat that they are a gateway company, and they have no responsibility, and I have to contact the seller...

So now I am confused. This was a semi-expensive package, so I would really like to find out who is really legally responsible in this mess.


texts: Can US Supreme Court justices / judges be "rotated" out against their will?

texts:
In last night's US Presidential Debate, candidate and US Senator Bernie Sanders asserted the option of being able to "rotate" Supreme Court judges / justices to other courts.  As quoted in The Hill:

  "I do not believe in packing the court," Sanders said during the second of the first two 2020 Democratic presidential debates. "We’ve got a terrible 5-4 majority conservative court right now. But I do believe constitutionally we have the power to rotate judges to other courts and that brings in new blood into the Supreme Court and a majority I hope that will understand that a woman has a right to control her own body and that corporations cannot run the United States of America."

For background, Article III, Section 1 of the US constitution is in full:

  The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Article II, Section 2, states in part:

  [The President,] by and with the advice and consent of the Senate, shall appoint ... judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for...

Is Sanders' claim (in bold above) correct?  Does the US President, or anyone else for that matter (other than a Supreme Court justice choosing to retire from their position on the Supreme Court) have the power to "rotate" those judges to other courts?

Consistent with Sanders' claim, this question is asked under the current US constitution assuming no amendments; just about anything is possible via amendment.

Also, while a bunch of folks on Law.SE might be able to speculate or find persuasive arguments posted in answers below, who would be able to authoritatively decide the constitutionality of such a question, with all Supreme Court justices having clear conflict of interest on the matter?

A couple law professors posts proposals here (and in more detail here, reviewed here), one for a rotating panel of appeals court judges to serve on the Supreme Court, and another for a 15-justice Court with 5 appointed by each party and 5 picked unanimously by those 10, without the ability to hear cases if those seats are empty.  There is also a proposal circulating for 18-year term limits followed by remainder-of-lifetime service on a circuit court.  If any of those, or other strategies, appear constitutional at present, an explanation of why would be a great answer, as would be an explanation of why any proposal involving rotation consistent with Sanders's quote would not be possible under the current constitution unamended.

Note: The question framing intentionally excludes consideration of any person or military force who might have the physical firepower to remove Supreme Court justices in a way that would leave them unable to serve as a judge in another federal court.  That's not "rotating" off.


texts: What did Samuel Alito (SCOTUS) mean by "super-legislative" power?

texts:
In Obergefell v. Hodges (the recent gay marriage ruling), Samuel Alito writes in his dissent (p. 73 of this PDF containing the electronic opinion):

  This is a naked judicial claim to legislative—indeed, super-legislative—power; a claim fundamentally at odds with our system of government.

What does he mean "super-legislative" power (as opposed to mere "legislative power")? Or is he engaging in mere rhetorical flourish?


texts: Am I legally obligated to get a driver's license after moving?

texts: I recently moved from Arizona to Washington, and I had to get a Washington Driver's License to be able to register my car (the AZ registration was about to expire).  However, pretending I didn't need to do that, do I legally have to register to drive in the new state?  I would have preferred to keep my Arizona license, which didn't expire until 2051 (AZ licenses don't expire until you turn 65, if you weren't aware).  I'm fully aware that you have to update your voter information, but I'm specifically wondering about the Driver's License.


texts: What jurisdiction does an IP address fall under?

texts:
What is an IP Address?

  An Internet Protocol address (IP address) is a numerical label
  assigned to each device (e.g., computer, printer) participating in a
  computer network that uses the Internet Protocol for communication.
  An IP address serves two principal functions: host or network
  interface identification and location addressing.

Who manages IP Addresses?

  The Internet Assigned Numbers Authority (IANA) is a department of
  ICANN, a nonprofit private American corporation that oversees global
  IP address allocation, autonomous system number allocation, root zone
  management in the Domain Name System (DNS), media types, and other
  Internet Protocol-related symbols and numbers.

What is a Regional Internet Registries?

  Regional Internet Registries are components of the Internet Number
  Registry System, which is described in IETF RFC 7020. The Internet
  Assigned Numbers Authority (IANA) delegates Internet resources to the
  RIRs who, in turn, follow their regional policies to delegate
  resources to their customers, which include Internet service providers
  and end-user organizations. Collectively, the RIRs participate in the
  Number Resource Organization (NRO), formed as a body to represent
  their collective interests, undertake joint activities, and coordinate
  their activities globally. The NRO has entered into an agreement with
  ICANN for the establishment of the Address Supporting Organisation
  (ASO), which undertakes coordination of global IP addressing
  policies within the ICANN framework.

So IANA is a department of ICANN. On October 1, 2009 the U.S. Department of Commerce gave up its control of ICANN. In 2013, the NSA spying scandal has led to ICANN endorsing the Montevideo Statement.

  The Montevideo Statement on the Future of Internet Cooperation was
  released on 7 October 2013 by the leaders of a number of organizations
  involved in coordinating the Internet's global technical
  infrastructure. The statement was signed by the heads of the Internet
  Corporation for Assigned Names and Numbers (ICANN), the Internet
  Engineering Task Force, the Internet Architecture Board, the World
  Wide Web Consortium, the Internet Society, and the five regional
  Internet address registries (African Network Information Center,
  American Registry for Internet Numbers, Asia-Pacific Network
  Information Centre, Latin America and Caribbean Internet Addresses
  Registry, and Réseaux IP Européens Network Coordination Centre). In
  large part, the statement is seen as a response to the ongoing NSA
  surveillance scandal. The leaders made four main points:

  They reinforced the importance of globally coherent Internet operations, and warned against Internet fragmentation at a national
  level. They expressed strong concern over the undermining of the trust
  and confidence of Internet users globally due to recent revelations of
  pervasive monitoring and surveillance.
  They identified the need for ongoing effort to address Internet Governance challenges, and agreed to catalyze community-wide efforts
  towards the evolution of global multistakeholder Internet cooperation.
  They called for accelerating the globalization of ICANN and IANA functions, towards an environment in which all stakeholders, including
  all governments, participate on an equal footing.
  They also called for the transition to IPv6 to remain a top priority globally. In particular Internet content providers must serve
  content with both IPv4 and IPv6 services, in order to be fully
  reachable on the global Internet.

What jurisdiction does an IP Address fall under if a crime is committed using it?

EXAMPLE: Lets say that someone hosts a website similar to The Silk Road in the Principality of Sealand. They use TOR so they have obfuscated their location online and do not use any common TLD. What country would have jurisdiction to try and shut down the site? What if the location of the server hosting the website is in the cloud, similar to The Pirate Bay?


texts: Someone opened a mortgage in my name, fraudulently. Can I stand to benefit from this?


texts:
When my sister got married, at the rehearsal the celebrant said he had to be careful what he said and when because if he said 'too much' they would end up married sooner than they planned. Although this was a year or two ago a question has lingered: at what point in a ceremony, taking place in England and Wales, does the marriage become official?

I'm not concerned with wedding scenes for TV and film because there are precursor steps leading up to the ceremony that would prevent an 'accidental' marriage.  I'm also like to know if there are any  differences between marriage and civil partnerships.

All the results my searches have returned are related to what conditions make a marriage legal rather than the point it becomes legal.


texts:
Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 6.

  On a slightly diﬀerent tack, but in a similar vein, Judge Richard Posner has written:17

    Suppose I sign a contract to deliver 100,000 custom-ground widgets at $.10 apiece to A, for use
    in his boiler factory. After I have delivered 10,000, B comes to me, explains that he desperately
    needs 25,000 custom-ground widgets at once since otherwise he will be forced to close his pianola factory at great cost, and oﬀers me $.15 apiece for 25,000 widgets. I sell him the widgets
    and as a result do not complete timely delivery to A, who sustains $1000 in damages from my
    breach. Having obtained an additional profit of $1250 on the sale to B, I am better off even
    after reimbursing A for his loss. Society is also better off. Since B was willing to pay me $.15
    per widget, it must mean that each widget was worth at least $.15 to him. But it was worth only
    $.14 to A—$.10, what he paid, plus $.04 ($1000 divided by 25,000), his expected profit. Thus the
    breach resulted in a transfer of the 25,000 widgets from a lower valued to a higher valued use.

  17 R Posner, Economic Analysis of the Law (8th edn, Aspen, 2011) 151.

Pls see the emboldenings. Whence did the $1000 hail?
Whence did the 25,000 hail? This is B's quantity demanded, not A's?


texts: Dissenting justices' views on second question in Obergefell

texts:
Obergefell v. Hodges was a recent case in which the Supreme Court ruled that same-sex marriage was a constitutional right. The Court considered two questions:

Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?
Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

The Court ruled 5-4 that the answer to both question is yes (a yes answer to the first question essentially makes the second question moot). Each of the four dissenting justices (Alito, Roberts, Scalia, and Thomas) wrote an opinion.

Is there any indication (for example, from their opinions) of how the dissenting justices would have voted on the second question?


texts: Liability from selling car if buyer does not complete title transfer : California

texts:
Suppose one sells a car (California registered) to a person (suspected after the fact to be an illegal immigrant) who does not complete title-transfer. Suppose that the seller completes and submits the "Notice of Transfer and Release of Liability" https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome . Then, what risks does the seller incur (if any)?

PS: The websites https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome and https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/nrlfaq say:
"Reporting the sale or transfer of a vehicle or vessel to the DMV does not constitute a transfer of ownership. The record is not permanently transferred out of your name until the DMV receives a completed application for transfer of ownership and payment of appropriate fees from the new owner." and "NOTE: In the case of a suit or complaint, the court is responsible for determining if you have complied with the law and are exempt from civil and/or criminal liability." and "NOTE: If any of this information is missing, the department may be unable to update the vehicle record and/or these conditions may disqualify your liability exemption."


texts: What practical confidentiality protections can BSA offer to software piracy whistleblowers?

texts:
This question refers to a form for reporting software piracy.  That page has an FAQ question:

  If I report software piracy to the BSA, will my name be kept confidential?
  Your name will never be revealed unless required by law. We take all appropriate measures to ensure your confidentiality at all times.

The top of the form says "Your report is confidential."

In most jurisdictions, wouldn't the party accused of violating copyright be entitled to get that information, "required by law" under a discovery process?

For purposes of this question, assume it's a well-founded valid report that BSA does not dismiss.

For clarity purposes from the link above:

  WHAT IS BSA | THE SOFTWARE ALLIANCE?

  BSA | The Software Alliance (BSA) is the leading advocate for the
  global software industry. Its members are among the world's most
  innovative companies, creating software solutions that spark the
  economy and improve modern life.

  With headquarters in Washington, DC, and operations in more than 60
  countries, BSA pioneers compliance programs that promote legal
  software use and advocates for public policies that foster technology
  innovation and drive growth in the digital economy.


texts: Not wanting to be recorded on phone conversation

texts:
In Canada, if you phone someone, is there a way to make it illegal for them to record the call? For example if someone says they don't want to be recorded, can a company still legally record the call?

I ask because if someone misspeaks (or makes a mistake) on a call can it be held against them in court? For example if someone says "I was sick in bed on the 21st so I wouldn't know of Bob was in the area at the time" but then realize you were sick on the 22nd.

If relevant, this is a work related call to a government agency.


texts: Suppose someone bought a home that was listed as a two-family property by a real estate broker.  That is how the listing read.  However, the house was no longer a two-family property when the purchase was made because it was not grandfathered in when the owner did not start renovations within a certain time period.  Wht laws, if any, did the seller or agent violate? Has the purchaser any recourse?


texts: Statutory authority to order business to close their doors

texts:
In Maryland, Governor Hogan just ordered with "the full force of law" all restaurants, bars, movie theaters, gyms, etc. to close their doors to the public starting at 5 p.m.

What is his statutory authority to do this? I've read the MEMA code (§ 14), and read some of the health code. I'm not seeing it.


texts: Asking for the unencrypted version of a file in an open-source project?

texts:
Let's say that an open-source project, such as a GNU GPL one, uses git-crypt and has added private, encrypted files, such as ssh private keys to the committed git repository.

Wouldn't John Doe be in his right to ask for the unciphered, plain-text, private key?

In other words, isn't adding encrypted files to GPL project a liability that one would not have with an MIT license?


texts: Apartment roof keeps leaking in the same spot even after it's been "fixed"

texts:
My roof keeps leaking in the exact same spot every time it rains even when it has been "fixed", meaning the roofer was called to patch the leak and patched the resulting holes in the drywall and painted. When it rains the patch work reverts itself and the same holes result. It leaks every time it rains and the holes come back after every heavy rainfall, which also results in not being able to use the bathroom, that where the leak is. This is the 6th time a major leak resulting in holes has happened.

What legal action can I take?


texts: As a website owner, what's my legal requirement to ask for SIN number

texts:
We have a job recruitment system that we installed which includes a public website where people can apply for jobs directly on the internet. One of the fields is SIN number that displays by default. The vendor is not willing to mark it as optional. Their explanation is since all required fields are marked "required" under the text boxes,  it implies the rest of the fields are optional and they don't have to mark SIN field exclusively as optional which would confuse the applicants.
They have a point but I am concerned.

Is the vendor's explanation correct?


texts: US regulations on launch-to-orbit provider refusing to launch a competitor's payload? Do common carrier concepts apply?

texts:
Here is an example scenario:

Teslarati's SpaceX president teases Starship’s game-changing Starlink launch capabilities provides several links, including CNBC's article and discusses the difficulty of other companies deploying large constellations of satellites anywhere near the same cost per satellite as SpaceX can for several reasons.

It seems that one of the key reasons is that SpaceX has dramatically decreased the cost of launch to orbit by making rockets (almost) routinely reusable, and it's newest rocket Starship (currently under development) both quickly reusable and capable of deploying 400 Starlink satellites into orbit at a time.

In Space Exploration SE back in February 2019 I asked Regulations preventing SpaceX from saying “no” if OneWeb asked them to launch their satellites?. It's way too late to migrate, and so far there have been no answers. When it was suggested that I ask here in May 2019, I demurred.

On the question of SpaceX's ability to say "no" to OneWeb's request to put its constellation into orbit for them, I wrote in that question:

  But since SpaceX operates in a highly regulated niche within the already highly regulated transportation industry, would they be able to simply say "no, your money's no good here" or are there regulations that would requite them to treat all potential customers in a similar way?

In the extensive comments there an interesting one draws a parallel to another industry:

  there are industries where you aren't allowed to arbitrarily say "no" to potential customers. For example, FedEx and UPS are considered common carriers and are required to carry any package presented to them unless there is a compelling reason not to.

So I'd like to ask:

Question: In the US is launch to orbit service similar to common carriers? Do regulations say anything about a launch-to-orbit provider refusing to launch a competitor's payload?

A potential example can be SpaceX being both a launch provider and Starlink satellite constellation developer being asked to launch it's competitor OneWeb's constellation.


texts: Tax Implication of COVID-19 Induced Remote Employment

texts:
A U.S. company has instructed it's employees to work from home for a period extending 4 weeks following city and state guidelines as a necessary precaution in response to COVID-19. Subsequently company workers have set up makeshift offices at home in. What if anything at all about the "makeshift office" is tax
deductible for the 2020 tax season ( -next year).


texts: Is it illegal to possess a counterfeit national ID card without actually using it?

texts:
I just came across a lost counterfeit French national ID card on a bus with my name, photo and correct personal details. I am fairly sure about who created or ordered it (without my permission)

My question is: is it illegal to simply possess this card (which is a travel document) as a "souvenir" without ever bringing it with me, let alone using it? To clarify I am NOT a French citizen, my real identity card (what I actually use) is Swedish, and I live in Switzerland.


texts: Strict laws on using raised funds for specific reasons as opposed to any reason?

texts:
Are there any strict regulations in the U.S. when it comes to raising money through any means, AKA normal solicitation or using a third-party platform like Kickstarter, but using the funds NOT for specified purposes? I mean if there is no way to verify that funds raised were used on what we claimed, it can't be enforced/illegal -- and given the transparency of today's means this is getting easier to pull off.

So is raising funds for non-intended purposes (i.e., claiming to use money to start a business but using it to actually buy one a new car) actually truly illegal, i.e. something actually enforceable easily?

Because with the transparency and middle-man/proxy thanks to the internet, and easy means of getting around guaranteed proof of specified fund usage, it seems this is hardly truly illegal.

I mean, yeah, this can clearly be considered fraud or such, but enforceable-ness seems difficult.


texts: Paid sick leave for full-time employee in DC

texts:
According to the District of Columbia’s Accrued Sick and Safe Leave Act, both full- and part-time employees to be paid sick and safe leave for use under certain circumstances.

I'm working as a regular full-time employee for a company, that has the only office in Washington DC.

There is an internal document in the company, that states that

  In accordance with the District of Columbia’s Accrued Sick and Safe Leave Act, special full-time exempt, part-time and temporary employees are
  eligible for up to five (5) days of paid sick leave.

  ...

  Regular
  full-time employees are not eligible for paid sick days under this
  policy. Instead, they may take any accrued PTO for any reason,
  including illness.

Is it legal, or this statement is misinterpretation, and I'm also eligible for paid sick leave?


texts: What determines the pertinent regulations on the sale of products and services to passengers in international flight?

texts:
I hope someone can help. I am conducting research and have been looking at the Chicago and Tokyo conventions with respect to which convention governs the sale of goods and services to passengers when in international flight. Specifically I am interested in what determines which countries rules regulate the provision of alcohol or internet services inflight, which would determine the suitability of sale of the service / the permissible age of purchasers, and the ability for the airline to provide the service throughout the duration of an international flight as the plane moves through different national airspaces and therefore differing national rules for those services / products.

I am not sure which is the governing convention, is it the Tokyo Convention and as such the regulation of the country of plane registration (flag), or is it the Chicago convention and as such the country of overflight unless in international airspace when the Tokyo convention applies, or a completely different regulation? I have also seen reports that the governing rules could be those of the country of takeoff or landing. There seems to be confusion in the market on this, with airlines believing they are able to make their own rules, with most following their flag countries rules, but not all. In relation to alcohol and the age of consumption the practice from airlines seems to be that the Tokyo Convention applies with the age of consumption reflecting the law in the country of plane registration.

I suspect that the Tokyo convention applies with respect to these services and products once the plane is in the air as otherwise airlines would not be able to provide a consistent continual service, is that correct?

I would be very grateful for your clarification as to which are the actual pertinent rules please. Many thanks for your assistance. Mike


texts: copyrighted midi files vs public domain midi files under public domain or creative commons

texts:
Here's a scenario. Let's say I use the public domain midi files to make professionally produced sheet music/tablature for teaching purposes.

I know I can sell these because I can do whatever with public domain. Also with various creative commons, I can do the same with a proper attribution.(except the "no commercial/no dreivatives version", right?)

Now there seems to be 2 types of copyrighted midis.

Copyrighted midis of copyrighted music.
Copyrighted midis of public domain music.

And this is where it gets confusing for me.

Well, the case 1. I think it's clear, that I can't produce sheet music/tab and sell these without proper license, which can be difficult to obtain. So here's the question 1.

Question 1. Can I, as a private music transcriber, take on a client who wants me to transcribe a copyrighted music using a midi file for their personal use at home, for the purpose of education?

Question 2. Can I do the same thing with the copyrighted midis of public domain music, as in serve as a private music transcriber for a client?

Added bonus discussion.

Many of the works I'm interested in are classical music composed centuries ago, yet there are midi files that are copyrighted. What is the reason for this? Is it because it takes work to produce the said midis? What's stopping me from making my own midi from old copies of the sheet musics and copyrighting the midis I produce?

Let's say I were to do take, then can I produce the sheet music and sell them online? And then use the midis for making electronic recordings or music videos or other derivative works to upload to video hosting sites like youtube and others?

Any help is appreciated


texts: My landlord is using the storage space to keep his stuff

texts:
I rented a flat in London and it has two storage cupboards in the hallway. But those cupboards are occupied by landlord's stuff so I am unable to use those spaces that I am paying for. It has been three months since we moved in and I have constantly been asking the agency to ask the landlord to remove the stuff. My argument is that if the landlord is renting out his place, he can not continue using the storage space to keep his personal stuff.

But the agency says that the landlord is refusing to remove it. The landlord is saying that the house was furnished and that means his personal items that he is keeping in our storage space is part of it. I find that argument utterly stupid and have never heard furnished apartments to mean this.

Since the agency and the landlord refuse to help us, what are my options?


texts: Can a business keep funds it has collected if it cannot complete an order agreement because the paying party proves unreachable?

texts:
In this context, I have in mind a typical business transaction, not a complex contract with explicit terms and so forth.

Suppose a business receives an order from a customer, and payment for the order is received in whole or part, but the business has issues with delivering on it's end because of circumstances outside of it's control, like a bad receiving address, or a bad email (often used as the customer's gateway to access virtual products). The business surely has a duty to attempt to contact the customer to complete the order, but what if the customer proves unreachable based on the means available to the company (phone, email, mail, etc.)? In other words, you call, but they never call back, or your only contact method is email, but it bounces back.

If the order was placed via a credit card, the business can easily issue a refund despite the inability to contact the customer. Even with payment by check, the business can send out a refund check to a mail address, assuming there's been no evidence of a bad receiving address. The question is, does this business have a legal duty to any such actions? I know credit card companies will typically not process refunds for transactions older than 60 days, so is there a time limitation after which the company may assume the order "complete" and retain the funds?

I'm concerned only with US Law. Specifically, the business I have in mind is in the State of Idaho, but most customers are not Idaho residents.


texts: GDPR vs. Copyright for a recommendation letter

texts:
Spurred by a discussion on academia.se: suppose prof. X writes a letter of recommendation for her student mr. Y, and sends it to university Z through an on-line system. Then, the student mr. Y writes an official letter to university Z asking to see all the personal data stored about him. University Z is in Europe, so GDPR applies.

The letter contains some of mr. Y's personal data (his full name, for instance). On the other hand, the letter is a text written by prof. X, and she retains full copyright over it and can prevent further redistribution.

What should University Z do in this case? Do they have an obligation to show the recommendation letter to the student? Is there a solution that does not infringe anyone's rights?


texts:
Currently, there is no publicly available technology which would permit one to time travel.

However, assuming one were to create such technology, is there any laws prohibiting time travel? I am interested in the various jurisdictions within the United States, but answers based on other jurisdictions would be interesting to read as well.


texts: Can a gym ban me without actual proof of me taking a picture?

texts:
TL;DR I have a gym membership that allows me to use multiple locations. Another location told me I'm allowed to visit only 10x per month. I pulled out my phone to write down the name of the employee. The manager has now banned me for taking a photo which I didn't do. What recourse do I have?

I have had a gym membership since 2016 with planet fitness. I go to the gym at least 5-6 times a week. I have a black card gym membership which allows me to go to other locations that are not my home gym.

My home gym is in San Diego where I work Thursday - Sunday. On Monday - Thursday, I attend school in Los Angeles (LA) and go to a gym there. I have been going to both places since August 2018.

Today I go to the gym in LA and a worker tells me that I can no longer go to this gym because I reached the 10x per month visitor limit. This caught me off guard because I have been going there for about 8 months.

I ask to speak to a manager and she tells me the manager isn’t in yet, but they will be in at 6 AM (40 minutes away). I tell the employee that I can’t wait and  ask for the employee's name. I take out my phone to type in her name in my notes. I have to ask her to spell it for me twice before I get it right. I say “okay thank you” and I leave.

Fast forward to this afternoon around 1 PM I get a call from the assistant manager saying she heard about the incident and that they reviewed the camera footage. The assistant manager is claiming that I took a picture of the worker and that there's a zero tolerance on their policy so I am banned.

I tell her I didn’t take any pictures and that I simply wrote down the worker's name. She continues to say that they have camera footage of me taking the picture so I just say okay and hang up. I've never had a problem like this in the 8 months I’ve been going there AND I just paid my annual fees and month payment. Is there anything I can do legally? I’m being accused of something that I didn’t do and in the end I’m losing money because of it.


texts: If someone does not comply with law because of lack of rescources or lack of ability?

texts: If a person in general is required to do a complete task A or a bussiness is required to provide a service to its customers under the law . There is no specific law being refered to but all this is general . If the person or business is unable to comply because of lack of funds or inability or lack of skill to perform the test given or the task A will they be punished ? Assume they caused no serious harm in the process and the punishment included imprisonment and fine ..


texts: Passport for adopted American w/o birth certificate

texts:
I was born on a now closed military base in Germany and am an American citizen living in Oregon. I've had two passports in my life, both of which have been lost for quite some time. I have no idea where my original birth certificate is. To complicate matters, my mother and father divorced when I was young, and I was adopted by my mother's second husband, changing my last name.

I can't get an Oregon driver's license without a birth certificate or passport as proof of identification. I'd like to get both my Oregon driver's license and a passport. What are my options?


texts: Using Nintendo copyrighted Pictures in a booklet

texts:
Me and a colleague of mine are planning to do a Pokèmon Go guide - but we are held off because all of the screenshots/graphics would of course be copyrighted material.
A few days ago i saw such a guide booklet clearly containing copyrighted graphics.
My question as a law noob is now: Am i allowed to use such copyrighted content if the major part of my product (such as textual information) comes from me?


texts: Is it legal to sell files that were uploaded by the users?

texts:
Is it legal to operate a website that works like this:

User 1 registers, uploads some file, sets its price and description
User 2 buys the file, money goes to website's bank account
Site takes its cut, sends money to User 1

The main point of interest are copyright infringing files - obviously the site would remove bad files on first notice and try to prevent such files from being uploaded in the first place.