texts: Why did a landlord buy a tenant's leasehold interest in the landlord's property?

texts:
Pls ELI5. The Landlord  (Hughes) unmistakably owns the property leased to the lessee (Metropolitan Railway Co). Thus why did a Landlord buy the lessee's leasehold interest in the landlord's own property?
Why wouldn't the Landlord just authorise the lessee to breach and end the lease with no penalty, and return the property to the Landlord?

Richard Taylor, Damian Taylor. Contract Law Directions (6 edn 2019). p 92.

  However, in Hughes v Metropolitan Railway Company (1877), the House of Lords gave effect to
  conduct which amounted to a promise as to future conduct. The landowner Hughes served
  notice on the Railway Company to perform repairs on the property it leased from him within six
  months, on pain of forfeiture of the lease. The Railway Company said that it would carry out the
  repairs but, before it did this, it wished to hear from Hughes on its proposal for Hughes to buy
  the Railway Company’s leasehold interest in the property. The parties entered into negotiations
  but they did not arrive at an agreement and Hughes sought to eject the Railway Company from
  the property six months after it had served the notice of repair (the Railway Company performed
  the repairs two months later).

Paul Davies. JC Smith's The Law of Contract (2018 2 ed).  p. 92.

  But does Hughes v Metropolitan Railway Co really
  support
  the principle enunciated in High Trees? This was a case involving a waiver. A landlord
  gave his tenant six months’ notice to repair the premises, the lease being forfeitable if the
  tenant failed to comply. During the six months, the parties entered into negotiations for
  the sale of the lease to the landlord and, with the landlord’s concurrence, no repairs were
  done while the negotiations were in progress. The negotiations failed.

O'Sullivan & Hilliard's The Law of Contract (2018 8 ed). p. 114.

  5.77        Denning J was here referring in particular to the case of Hughes v Metropolitan Railway
  (1877). There, a landlord served a notice on his tenants to carry out certain repairs to
  the leased property within six months. (The lease provided that the tenants were responsible
  for repairs to the property and that the landlord was entitled to terminate
  (‘forfeit’) the lease if the repairs were not performed in accordance with the notice.)
  The tenants replied saying that they would carry out the repairs, but wondered whether
  the landlord might be interested in buying out their leasehold interest and suggested
  that the repairs might be deferred pending any negotiations. The landlord entered into
  negotiations and, while these were going on, the tenants deferred the repairs. After negotiations
  broke down, the tenants began the repairs but they were not completed within
  the initial six-month period, whereupon the landlord attempted to forfeit the lease.


texts: I would like to sell web design services, but I don't know where to begin with the legal details. Is there anything that I have to look out for? Do I have to pay taxes? I am 17 years old.


texts: How does changing a name FAIL to protect against a libel suit?

texts:
In the answer to this question, someone convinced me that changing Paul dePodesta's name to "Peter Brand" in "Moneyball, was enough to signal a "disconnect" between Mr. dePodesta and "Billy Beane's assistant."

Yet, this tactic didn't work in the Red Hat Club case. The author changed the name of Vicki Stewart to Susu and yet was found guilty of "libel." Apparently, part of the problem was the "backstories" (the story before the story) of Stewart and Susu were very similar, while the forward-going "stories" (fictitious and real) were wildly different.

Was that because changing the name signals only a "slight" alteration of the facts, e.g. in "Moneyball" whereas the novel was a "major" alteration?
Was it the lack of consistency between the (slight) alteration of backstories and the (major) alternation of the main stories? Or was something else at work?


texts: Can a professor patent and license a technology if the development used software with non-commerical license?

texts:
Suppose a professor or student at a university uses software like Rosetta (a protein folding software) for their research.  Rosetta has free academic licenses as well as paid commercial licenses available.  The professor or student uses an academic license for their research.

Now, suppose eventually that professor or student discovers a new technology (e.g. they design a new medically useful drug using Rosetta).  Is the professor or student allowed to patent their discovery and license that patent (or start a company that uses it)?

In other words, does the use of the non-commercial software license mean that any technologies developed using that software couldn't be monetized?  Or does it just mean that nobody working for a commercial organization can use the software (a weaker constraint)?  If the latter case, what would prevent companies from using small nonprofit proxy organizations to do research under the noncommercial license, only to then patent and transfer the patented technology to the main company?


texts: Legally, what agreement is entered into when posting a letter (in Germany)?

texts:
I am interested in what laws, either explicit or implicit, cover the delivery of a letter in Germany.

I would imagine that if I accurately address a letter that contains content which is permitted, I add the correct postage, and the the letter 'enters' the postal system (more on that below), then some 'agreement' to deliver the letter is formed between myself and the postal service.

Specific questions:

Does posting a letter create any 'legal' agreement between myself and the postal service? Is there any obligation to deliver a letter?
Assuming that an agreement is formed, at what point in the process? When the letter entered a post-box, when it was picked up from the postbox, or later - perhaps when a post-mark is added by the postal service?
What commitments beyond the happy-path described above exist? Is there any commitment to attempt to deliver a letter with a less than perfect address (e.g. missing out the postal-code)? Or to offer the recipient the chance to pay the additional postage owed on a letter without enough postage?

Although I am most interested in Germany, if there are any relevant international postal regulations then I am also interested in how these apply.


texts:
"0. Definitions" section of GPLv3 says that:

To “convey” a work means any kind of propagation that enables other parties to make or receive copies.

Is it also included to "any kind of propagation" if I transfer or share a link which directs people to download page of a software. I mean with the "download page" of software producer's download page. E.g. https://www.dillo.org/download.html


texts:
If I wanted to build software to support electronic money entities (as far as I know, a Bank without credits) in Europe. Where could I find the list of requirements to follow?
By requirements I mean things like.

Send money transfer report twice a day
Data security policies
Formats of data I should process or send

Is there any book on how to do the accounting of these kind of entities?
For me it is hard to find information on this subject as I come from a very different background.
Thank you very much!


texts: Does allowing a police officer into your house implicitly waive your Fourth Amendment rights?

texts:
Suppose a police officer knocks on your door and tells you there was a robbery in the neighborhood and asks if he can ask you some questions about it, but really what he wants is to collect evidence against you for an entirely different case.

You invite the officer into your house and answer his questions. Suppose there’s a drinking glass of yours in plain sight on the table. What he really wants is a sample of your DNA, so when you're not looking, he takes the glass.

Can the officer (or, more likely, lawyers for the prosecution) argue that this seizure was legal because you did invite the officer into the house (believing it to be for another reason)?


texts: Is it legal for an oil company to charge customers a different price per gallon for the same oil?

texts: I found out recently that my oil company is charging me and some of my neighbors almost twice as much as other neighbors for the same type of oil. The difference is per gallon so the amount shouldn't be a factor. Is there any legal recourse we can take or any protections against upselling a utility? Or should we just try to use this information to negotiate a better price next time?


texts: Am I obligated to decrypt lots of data for GDPR requests?

texts:
I am providing a B2B service where customer data of businesses are stored in an SQL table.
As I never need to query for this personal data, the data at rest there is asymmetrically encrypted with the associated businesses public key.
Since the information is encrypted, I cannot query for any personal customer data.
Example of the customer table:
------------------------------------------------------------
| business | firstname     | lastname      | private-data  |
------------------------------------------------------------
| 12345    | xXencryptedxX | xXencryptedxX | xXencryptedxX |
------------------------------------------------------------
| 12345    | xXencryptedxX | xXencryptedxX | xXencryptedxX |
------------------------------------------------------------
| 12345    | xXencryptedxX | xXencryptedxX | xXencryptedxX |
------------------------------------------------------------
| 12345    | xXencryptedxX | xXencryptedxX | xXencryptedxX |
------------------------------------------------------------

For a GDPR information request I would need to fetch every single entry (tens of millions), associate the private key of the linked business, decrypt every single entry and do a string comparison search for every entry.
Given the enormously high cost of processing the data, am I obligated to do so as per a GDPR information request or could I argue that this would be a disproportionate effort as per Article 14?
After all, I am demonstrating my willingness to ensure high effort security by voluntarily only storing it encrypted.


texts: Husband is in Jail and wife has the posession the car in his name, how can he remove his name from title/registration in NJ

texts: I know someone who is in jail and his ex-wife has the possession of the car which is registered in his name in the state of NJ and car is paid off. How can he remove his name from title/registration while he is in the jail. He does not have any contact with the ex-wife.


texts:
Texas v. White is generally regarded as the case that established that US states cannot unilaterally secede.  The majority opinion stated that the union between Texas and the other States could not be dissolved:

  . . . except through revolution or through consent of the States.

How is "revolution" distinguished from secession and civil war?  Did Chief Justice Chase ever elaborate on this, or did any other case ever examine this detail of the ruling?  Is a "revolution" simply a militarily successful secession?


texts: What're the drawbacks of uniformising the names of Canada's Superior Provincial Courts?

texts:
Source: Introduction to The Study of Law (8 edn, 2016), p. 103 Top.

SUPERIOR PROVINCIAL COURTS
  The key to the Canadian court system is the superior court of general
jurisdiction in each province. The name of this court varies from province to
province. In Ontario it is called the Superior Court of Justice. In
Saskatchewan, Alberta and New Brunswick it is the Court of Queen's Bench.
In the other common law provinces it is the Supreme Court, the trial division
being originally distinguished from the appellate division. In Quebec it is the
Cour Supérieure. This court is the court of justice in each province, not in the
sense that it hears more cases or affects more people other than courts. It does
not. It is the court in the sense that it is the general court with unlimited juris-
diction and unlimited powers to administer the law except insofar as a statute
specifically gives exclusive jurisdiction over some particular subject-matter to
another tribunal. It is this court that is the successor to the eighteenth-century
courts of common law and equity. All other courts, above and below, have been
added later.
  Over the superior court of original jurisdiction in each province is an appel-
late court, called the Court of Appeal. In Ontario there is also a court called the
Divisional Court which sits in panels of three judges of the Superior Court to
hear certain kinds of appeals and to review decisions of administrative tribunals.
The judges of all these provincial courts are appointed by the government of
Canada.

Exclude Québec. I know that this isn't the most urgent legal hitch in Canada, but what are some other reasons for not uniformising the names of the Superior Provincial Courts? Like Superior Court of [Province/Territory name]?
Laypeople usually confuse Supreme Court of B.C. with Supreme Court of Canada.


texts: I was wondering if you are able to call an Android Application after a name of a film. I have tried researching online and have found information regarding character names and graphics etc but couldn't find anything about the names of films. I am not planning on using any graphics or sounds from the film simply just the title. I have created the application myself and am planning on putting it on the Play Store soon with both a free and paid version being available. I was thinking as I will be earning money from it maybe it then does become an issue.


texts:
Let's say, I want to make a computer video game that is based on some book.

As far as I am concerned, to make such game a reality, I need to acquire the rights.

How can I achieve that goal? Should I contact for such issue book publisher by email?
Or there's some government entity which processes such inquiries?

I'm interested in specific case, when author of the book died long ago.

I understand that I probably didn't do enough research on that topic, but I really like to have any advice, at least where should I start my search.


texts: Is dubbing a YouTube video in another language illegal?

texts: If I download a YouTube video, dub it in another language, and reupload it on YouTube, can I be prosecuted by law (or can YouTube remove my video) for  infringement?


texts: How would I claim an abandoned car I found on my property I want to restore?

texts:
I do not own the title or have any registration but it’s been sitting in the woods for at least 5 years. I want to restore it but I don’t want to invest money and not be able to own it.
This is in the US state of Oregon.


texts:
The discussion around how to prove you sent a letter, or someone received it, has already been discussed to death on the internet. But I can't find anything for the other way round; how to prove someone else sent you physical mail.

Hypothetical scenario: A Tenant wishes to serve notices to a landlord but the landlord has not provided an address in England an Wales as specified by section 48. The landlord provides the tenant with a fake address. The tenant then starts proceedings against the landlord to this fake address, and wins a court case by default. The landlord then claims the address that was sent in the letter, isn't his address, and that the tenant fabricated it. Can the tenant do anything to prove the landlord did in fact send that letter?


texts:
https://abcnews.go.com/US/white-georgia-sheriffs-deputy-beating-black-man-viral/story?id=72981224
A Lyft/Uber is pulled over for a broken headlight.  Why is the passenger compelled to produce identification to law enforcement?  Are identification rules uniform throughout the US or does it vary widely from state to state?


texts: Credit card debt after the death of the cardholder

texts:
Question pertains to United States: California. I am including as much information as may be pertinent.

My mother died a few weeks ago. I was estranged from her as my parents divorced when I was a child and grew up with my father.

Because of the estrangement I knew nothing of her finances, and only by going through paperwork to clean out her apartment did I learn any financial information. Because she rented an apartment there is no house to be considered. Her vehicle was stolen a few months before her death so no assets there. To the best of my knowledge/research she had no land ownership.  She did have an IRA from her employer before she was let-go/fired/no-longer-employed. I am listed on the IRA account as beneficiary. Outside of the IRA there is, that I know of, 1 account with her name on it.

She left no written will or living trust, that I know of, and no Power of Attorney (PoA) paperwork. As living descendant (I'm assuming I become defacto estate executor) I called all financial institutions and CC numbers I could find and informed each of them that she is dead. A few weeks have passed since calling and so far one Credit Card (CC) company has called about estate payment. As CC are unsecured debts does the balance, ~$1,000 for this card, die with her?

PS: Anything I ought to be aware of and know? Never done this before and prefer to know legal rights/requirements.


texts: Is hiring based on appearance as well as skills allowed?

texts:
Suppose I run a Japanese restaurant business, and I would like to hire a live-kitchen chef who would be making food in front of the customers. Of course I would like to get a chef who is very skilled and knows how to make the best sushi in the city.

However, to increase the visual and cultural feel of the restaurant I would like the chef to have a (...it might sound funny but just for example):

Japanese accent
Japanese facial traits
Serious face
etc

Would it be discrimination not to hire a person just because he doesn't look the way you want your chef to look?


texts: What are my privileges, as opposed to my rights

texts:
This question pertains to limits on government action in the US. It is commonly said that driving is a privilege and not a right. Washington state statutes are a bit murky, but RCW 46.20.001 (entitled "License required—Rights and restriction") states that

  (2) A person licensed as a driver under this chapter: (a) May exercise
  the privilege upon all highways in this state; (b) May not be
  required by a political subdivision to obtain any other license to
  exercise the privilege

and at various other points, it is referred to as a privilege (especially in dealing with out of state drivers). 42.20.065 however speaks of "an applicant's right to receive a driver's license" and 42.20.095 addresses education regarding "Bicyclists' and pedestrians' rights and responsibilities". (The latter suggests that there is an right to walk down the sidewalk or cross the road, the former suggests a confused view of rights v. privileges but perhaps there's a subtlety that I'm missing).

I do not understand the legal distinction between a "right" and a "privilege", especially, I don't understand what actions are "by right" versus "by privilege". The Bill of Rights does spell out a few specific rights such as bearing arms, being tried by a jury, not testifying against myself and so on. From what I can tell, there is no articulated constitutional right to walk down the street, so walking down to the corner store to buy a quart of milk would appear to be a privilege, not a right. (I exclude the distinct concepts of "privilege" meaning "private communication", also the sense "immune to normal rules" as in executive privilege).

This distinction does not directly impinge on understanding what actions are allowed or prohibited, it pertains to the question of whether the government may restrict you in a particular way. The question is: is there any way to know in advance what actions you have a legal "right" to (the government has limited capacity to restrict your action), as opposed to actions that are simply "allowed" (the government has greater capacity to restrict you). To be very concrete, do I have a "right" to walk down the (public) sidewalk and cross the street, or is that just a "privilege" – and how would I know? I know of the 9th Amendment, also the 10th.


texts: GDPR and speech recognition of text spoken into an App's microphone

texts:
In one of our Apps we use a Java-Class called "SpeechRecognizer" for doing some speech control. Technically, it is up to the settings of the smartphone (operating system) if the speech from the microphone, which is processed by the SpeechRecognizer class, is processed locally without ever leaving the phone, or if it is sent to some Cloud Service operated e.g. by Google or a third party.

Generally, is in such a scenario the smart phone user, who defines the settings of the operating system, responsible for such data (text spoken into the microphone)? Is the smartphone user the controller for this data?
Has this to be mentioned in the privacy policy?


texts: Can a retail marijuana shop bank from a locally owned bank outside of their state?

texts: Retail marijuana stores have to deal in cash, as most major banks refuse to deal with them. This causes a very dangerous situation for the store owner, and stories are already circulating about the vulnerability of having so much cash on hand. However, it doesn't seem to be illegal for the banks to accept funds from cannabis shops, but these banks can be expensive and burdensome. Can a retail marijuana shop bank from a locally owned bank outside of their state to handle credit card transactions? In other words, can a retail store in Colorado bank with Maps Credit Union in Oregon, or even within a state that hasn't legalized recreational use?


texts: authentication of electronically signed documents

texts:
Documents can be signed using electronic signatures. Key factor here is authentication of both parties, signing the document.

Companies, such as Adobe Sign, offer knowledge-based, social and phone verification of ID and lastly using digital certificate.

Knowledge-based authentication is only possible in US and therefore useless in international business. Having a digital certificate seems unlikely in the small business owners and is "killing" business. Therefore, social and phone verification seem to be the fastest and most business friendly option.

Does social and phone verification stand a chance at the court of law?

I can see many potential exploits. In the case of phone verification, signer of the document may buy a fake SIM card and try to prove that he/she didn't agree to the the terms of contract, because the phone number does not belong to him. In the case of social verification -> the signer of the document may create a fake social account. So does these two authentication offer any reliability? Can they successfully be used on the court?

To put things into practical terms. 2 parties who never met and do not know each other want to make a copyright licence agreement. Client sends the contract to the copyright owner, who signs it using social or phone authentication. Is such a contract of any value? What can be done if the copyright owner fakes its social or phone ID and later files a copyright lawsuit?


texts: Is it against the law to attempt gaining other person's banking information?

texts:
This is a purely theoretical question. For example burglary is a crime. An attempted burglary is also a crime, but not as severe as a real one.

Getting other person's banking information (the number of accounts, the total amount) is a crime. But is an attempt also considered a crime ?

For example, if I work as a realtor. Can I call to my client's banker, and ask  questions about my client's banking info (total savings, liquid assets)  ? Is this legally okay ? Or do I violate any law by attempting to get this info ? The banker will most likely not share this info, but is my attempt considered illegal ? If yes, then what article of what law am I violating ?


texts: Is Google's privacy policy compliant with GDPR for the data processing agreement between a controller and a processor?

texts:
If for your job you use any Google services, chances are you are sending them a lot of personal data of your clients in emails, documents, etc. So technically you are the controller, and Google becomes one of your processors. Is Google's current privacy policy compliant with GDPR and also valid as the data processing agreement (DPA) between a controller (you) and a processor (them)? If not, then I guess it's illegal to use Google's services for professional purposes. If it is compliant, then I'd like to know what parts of their policy actually make it a valid DPA.

Edit: I just noticed that GDPR and DPAs are mentioned in the privacy policies of some of their products, like G-Suite and Google Cloud Platform, but I don't think this is valid in general for the privacy policy of all of their services, especially their free services. I'm sure there are millions of people who use at least one of Google's free services as part of their jobs, by the way.


texts: If a judge constructs arguments for the prosecution in judgment is that grounds for appeal?

texts:
I recently read a judgment in which the judge constructed arguments that normally one would have expected the prosecution to make. In fact, the defense in the case argued that the prosecutor failed to demonstrate their case by not arguing certain points that they should have. This seemed to create no problem for the judge who just "remedied" the situation by making the arguments that the prosecution should have made in her judgment.

My understanding is that judges are supposed to weigh the merits of the arguments put before them, not make new arguments to repair or strengthen the case for one of the sides. I thought that the judge's tendency to bolster the prosecution's case with such arguments smacked of judicial bias in favor of the prosecution.

Is it grounds for an appeal to complain of judicial bias if a judge makes a de novo argument in their judgement, assuming that argument would have been necessary for a conviction? If so, what are the relevant precedents in United States case law?

(PS is there a technical term for the rules concerning the "role" of the judge in a court, what they supposed to do, and not supposed to do?)


texts: Assignment of all Intellectual Property on an Employment Contract

texts:
I recently got an offer from a company and my contract includes the following. (I have not signed it yet)

It's a soft. dev job and I do a lot of hobby coding. And company is aware of that.

  You shall give the Company full written details of all inventions and
  of all works embodying IP Rights made wholly or partially by you at
  any time during the course of your employment which relate to, or are
  reasonably capable of being used in, the business of the company or
  any associated company. You acknowledge that all IP rights on
  creation, best in the company absolutely. to the extend that they do
  not vest automatically, hold them on trust for the company. you agree
  promptly to execute all documents and do all acts as may, in the
  opinion of the company be necessary to give effect to this clause.

My fear is that I might end up writing something that then company may claim. Because it clarifies as my employment period and not my working hours. So I feel like it can be used to claim any of my hobbies outside of work as well.

What do I do about this? Should I talk to the company and ask for more clarification in the contract?


texts: is it an offence to remove someone else's hat?

texts:
Is it an offence to remove or knock off someone's hat without consent?

An example would be
A civilian removing a policeman's hat without using any force.

A civilian removing another's baseball cap without any force.


texts: Intellectual Property of Stack Exchange posts

texts:
I sometime post code to StackExchange sites like StackOverflow or CodeReview. To meet the requirements of the site you often have to post full code to get help. This is often code I would like to later publish to certain sites for sale.

When I do this I am always quite worried that my code is now visible to millions of people that could simply copy/paste my code into a notepad file and have the same product as me, completely devaluing mine.

As far as I know once your idea/product is made public in a timestampable way it is considered intellectual property. But how does that hold up when you freely post it to a knowledge sharing site like this that you cannot include licenses on. Even if it were determined that it were your own intellectual property would it be a worthy cause to fight for when the code might make you a few hundred dollars if anything?


texts: Can non-lawyers help people study law and do small claims?

texts:
Can a self-taught enthusiast in an unrelated occupation, without a law degree, without any sort of formal legal education nor bar admittance, help other people study law?  What would be the limitations?

For simplicity, let's assume an honest person who makes it clear that they're not a lawyer: can they volunteer as a first step in informing another person of their possible legal options (e.g., in landlord-tenant disputes), such that a person is more knowledgeable in case they do decide to contact or retain a lawyer?

Can such an enthusiast accept fees and/or gifts directly from someone they help study law, like a beer or lunch, for their help/suggestions in navigating the law?  Can they casually mention that if the person wins their case, and thinks that such an enthusiast helped them do so, that a payment would be welcome?  What would be the limitations?

Likewise, what about Small Claims Court?  Although I know that in other courts you generally can't represent another person unless you have been admitted to the bar, Small Claims Courts in California don't actually admit any lawyers who aren't parties to a dispute.  So, can a volunteer enthusiast help represent someone else in a small claims court, in either California or Texas?

If an enthusiast helps prepare certain documents on behalf of the plaintiff for Small Claims Court in California or Texas, or, for example, even the demand letter that would have to be sent before a small claims action could be started in Texas, could they negotiate with the plaintiff for a certain payout of the money recovered?


texts: Copyright law and distribution terms for public versions or derivatives

texts:
The present question is a special case of Can one take BSD licensed code and distribute it under GPL?.

Looking recently at OpenBSD's LibreSSL, I've noticed that SSLeay that it traces its roots to (through the OpenSSL lineage), has had the following addendum to what otherwise looks like the standard 4-clause BSD licence:

http://bxr.su/o/lib/libssl/src/crypto/objects/obj_dat.c#52

 *
 * The licence and distribution terms for any publically available version or
 * derivative of this code cannot be changed.  i.e. this code cannot simply be
 * copied and put under another distribution licence
 * [including the GNU Public Licence.]
 */

Is it or is it not a NOOP, considering the possible answers from the prior question?  (Alas, the prior question has completely conflicting answers at this point!)
Why is GNU Public Licence specifically mentioned; isn't GPL already incompatible with the 4-clause BSD licence that precedes the above comment, due to the advertisement clause?


texts: If someone sells something associated to a famous quote from someone or something, how would they ensure that they are within the law to be able to do so? I'm very curious about how this would work out as I have recently seen a lot of tattoo artists' that offer bespoke designs for their clients who request such things...


texts: Do I have the right to sell my lecture notes?

texts:
I believe my question to be reasonably succinct,
Am I able to sell other students my lecture notes?
There may well be conditions attached which I am unaware of, though I would not be including any copy pasted material from textbooks or university notes. This is likely a grey area, though I would like to know if this would be possible without breaching copyright law.


texts: Can you defer capital gains tax with margin trading?

texts:
Assume I bought 1 bitcoin at $0 and it's now worth $100k. I am worried that the price will drop soon, so I sell my bitcoin. Bitcoin does indeed drop and comes down to $10k, where I then decide to buy back in. Selling bitcoin (even if I'm buying back in) is a taxable event, which means I would be due capital gains tax on the $100k gain.
Could margin trading be used to defer this gain to when I actually spend my dollars, and instead allow me to reinvest my profits back into bitcoin without paying CGT now?
The logic behind why I think this is the case is as follows...
Rather than selling my bitcoin for $100k, I borrow an additional bitcoin (using my original bitcoin as collateral), and then I sell that bitcoin instead (shorting). I close my short when bitcoin hits $10k, using the profit to buy back into bitcoin at $10k.
Indeed I would have to pay capital gains tax on the profits made from shorting, but presumably I can defer the capital gains tax on the original $100k gain from when I held bitcoin initially?
Also, should bitcoin go up in price I might decide I actually want to get back into bitcoin because I no longer believe it will go down. I could now safely close my short (take a loss), without ever paying capital gains tax on that initial bitcoin investment, and actually I will incur a capital loss which I could use to offset any of my other trading gains.
Is my reasoning correct? Answers for any jurisdiction would be useful. Obviously one would have to pay interest on these loaned assets, but whether that is worth it or not would be a separate question.


texts: Are there any cases in which click fraud is legal?

texts: I recently had an idea for a small cryptocurrency in which instead of paying with real money, you pay with clicks on pay-per-click ads and a portion of the revenue that the website makes off of that single click goes back to the user who clicked it. Apart from that the cryptocurrency works just like every other one so any user could essentially convert those "ClickCoins" back to a real currency (USD) and essentially make money by clicking. Upon researching this idea I stumbled across a term called click fraud (Wikipedia) and was wondering whether that applies to this and if not, is there a way to do this in a legal manner?


texts: Is it legal to create a non-profit organization-style for-profit organization in the US?

texts:
Non-profit organizations can establish some rules by its members within the organization, for example, how members elect administrative officials such as the president, and the procedure to change rules. This, as far as I know, is not quite true in for-profit organizations, whose major decisions lie in owners of these organizations.

Is it legally possible to create such type of for-profit organizations with these non-profit organization features in the US? If so, is there a real-world example?


texts:
I have had a Google AdSense account for a while. In 2013, Google started requiring to fill out tax information. I was an idiot and decided to claim that I lived in another country and that had no activity in the U.S to avoid having to pay taxes on that income. It was not much money so I assumed it wouldn't be a big deal.

Over the years that income started to become significant and I became concerned. Last week I decided to properly fill out my W-9 and to start reporting that income.

I did the math and I should have had paid a total of $3,200 in taxes from this income between now and 2013 (25% tax bracket every year plus 15.3% self-employment tax).

Yes, I understand that I'm an idiot, that I did a horrible thing, and that I can get in a lot of trouble. I also understand that I should amend my taxes for those years, but let's assume I just let it go.

In how much trouble can I get exactly if the IRS finds out? I understand that there's a 6 year statue of limitation on criminal charges and no limitation at all on fraud. Is this considered fraud? I'm assuming not. Practically speaking, would the IRS go all the way and file criminal charges considering the amount of money I owe? Assuming the statue of limitation clock started ticking last week, how much would I have to pay in penalties and interest if this gets brought up at the very last minute of the 6 year mark? Practically speaking, what's the worst case scenario?


texts: In a T intersection, does an unmarked crosswalk exist between the intersection and any sidewalk on the other side of that intersection?

texts: Suppose I approach a T intersection but am on the road that doesn't have a stop or yield sign and I do not intend to turn. There is a sidewalk on the other side of the intersection and a seeing pedestrian, but no marked crosswalk. Does he have the legal right of way?


texts: Is it breach of contract if dismissed before starting work?

texts:
I've been dismissed by a company I was due to start a job with, just a few days before the job was meant to start. They have no intention of providing me with any compensation despite the fact I handed in my notice as my previous job, moved to the other end of the country, and signed a lease at a new property to take this job.

For more detail here is a timescale in which I'll use the abbreviation BCE to mean Before Commencement of Employment.

7 weeks BCE received and signed contract of employment with start date.
At this time I handed in my notice to my then employer and landlord.
I had little contact with the company or agent who hired me until 3 weeks BCE when the agent called me to check that everything was on track with my move.
1 week BCE I managed to secure and sign for a lease on a property in the city the new job was located in. I had to make multiple journeys and incur considerable costs to view properties and find somewhere to live.
3 days (1 working day) BCE the agent called me to inform me that the company would no longer be able to hire me because of financial difficulties.
1 day BCE I received email confirmation from the company they would no longer be able to hire me and that they were not expecting to compensate me.

It may be of note that I am UK based (I moved from the South coast to Scotland for the job) and although there was a probationary period specified in the contract I am under the impression that that would not have started at the point the employment was terminated.

Are there grounds for a breach of contract here?

RESOLUTION:

After giving the company one last chance to compensate me for the notice period (which they refused), I got in contact with my local Citizens Advice Bureau. They recommended I send a Notice of Intent to Sue to the old company, with a detailed breakdown of damages.

In the letter asked the company for reimbursement for my notice period, all moving costs, and first month of rent as damages for the breach of contract. To my relief, they agreed to pay this amount in full, rather than challenging it in court.


texts: Standing in court to collect based on "assignment of judgment" not filed in Court of Origin

texts:
Can private counsel or a collection agency "Register" a California state judgment in Federal Court for collection, and use an affidavit of "assignment of judgment" as proof of standing to collect on a California state judgment by filing in a California Federal Court, when:

The "assignment of judgment" was never filed with the California Superior Court of Origin, and there is no known "Assignee of Record".
The assignment does not state how much is being assigned, nor the nature of the debt underlying the judgment, and the nature of the debt is in question.
The generic judgment did not appear to have any Federal Subject matter and there is no existing copy of the California Court Summons and Complaint.
The assignment of judgment does not show the last known address of the alleged Judgment Debtor, the Judgment Debtor had a common name, and no records exist in the Superior Court to show who the Judgment Debtor was, and no existing copy of the Proof of Service exists.
The private counsel did not serve notice of the "Registration of Judgment" in Federal Court to any Judgment Debtor, nor was the Judgment Debtor given notice of the "assignment of judgment" because no one is sure who the Judgment Debtor was.
The generic judgment, dated as "entered in June 1992", was "registered in Federal Court" in October 1999, using an "assignment of judgment" document which was never filed, and the 1992 judgment only exists on Microfilm without any evidence of the "docket" or any other supporting documents.


texts: Form I-130: Does a sponsor having a medical marijuana dispensary on their employment history risk rejection?

texts:
Simple question, will my sponsor having employment history with a medical marijuana dispensary cause her application to be rejected?

Follow-up: Will the sponsor be required to take a medical examination or just me?


texts: California: "For quality assurance, this phone call is being recorded"

texts:
In California, it is illegal to record phone calls without the consent of all parties involved.

However, when you call corporate phone number, you often get a message to the effect of "For quality assurance reasons, this call is being recorded."

Isn't this illegal, if you are calling from California? What can be done to prevent the company from recording (other than hanging up - let's assume there's a reason you needed to call them)?


texts:
When is a trial considered to have happened vis-a-vis double jeopardy? In other words, at one point is a person considered to be tried for an offense and cannot be tried again? At the arraignment or at the judgement?

To be more specific, if a person has been arraigned, can the prosecutor abandon the case and then indict the person again later for the same offense, or are they considered to be tried after the arraignment occurs.

If the double jeopardy only becomes effective when a judgement is rendered, then a prosecutor can theoretically start a trial, abandon it, then try the person again, abandon it again, and so on indefinitely. Is that how it is?


texts: Can contract have a clause that changes the contract

texts:
So there is a noncompete that I may have signed, but I don't feel the noncompete will be held up in the courts due to it being unreasonable in its restrictions.

Here's the Kicker. There is a clause that says this...

  Agreement to Modification of Restrictive Covenants: While the restrictions in sections 1, 2 and 3 are considered by you and the Employer to be reasonable in all of the circumstances as of the date of this Agreement, it is hereby agreed that if any one or more of such restrictions shall be judged to be void as going beyond what is reasonable in all of the circumstances for the protection of the interests of the Employer, but would be valid if part of the wording thereof were deleted or the period thereof reduced or the range of activities covered thereby reduced in scope, the said reduction shall be deemed to apply with such modifications as may be necessary to make them valid and effective and any such modification shall not thereby affect the validity of any other restriction contained in this Agreement.

Basically saying if a judge says something else would have been reasonable, that the contract will now reflect that terms instead of the voided term. Is it legal to basically have a clause that rewrites the contract?


texts: What is the purpose of the Tort Claims Act?

texts: Generically speaking and presuming federal and state are essentially the same;  What is the plain language purpose of the Tort Claims Act aka who does it cover in what capacities, etc?


texts:
Follow up question to Can an employer be forced to allow an employee to bring a gun to work (Washington State)?

It appears that an employer can limit employee concealed carry.

(It would also seem that if the employee had a firearm in an appropriate gun safe in the vehicle, the employer would have little or no control over it.)

This leaves the employee at risk traveling between the office and the vehicle. It seems reasonable as well that as the employer prohibits the employee's self defence, they would be responsible for the employees defence between office and some safe location (in this case, the vehicle).

Can an employer be required to provide an escort from office to vehicle?

The original question specifies Washington State, but I would be interested in answers for any US state.


texts: How public a speech be so that it's in range of Indonesian anti blasphemy laws?

texts:
http://indonesiaatmelbourne.unimelb.edu.au/why-is-ahok-in-prison-a-legal-analysis-of-the-decision/

Ahok is convicted of insulting religion by saying people may use certain quranic verses for dishonest goals.

The thing is, not one people that hear his speech claims that he is offended by Ahok's speech.

However, his speech is videotaped. Some people claimed they are offended after watching the video.

That leads to the question.

How public your speech can be for Indonesian anti blasphemy laws to kick in? Say you talk in private to someone about religion. Say that someone record that. Say someone that watch the recording get offended. Does that count?

And if so, where in the law is that written?

A little background:

https://steemit.com/ahok/@freeross/who-is-ahok-and-what-is-his-problems-in-indonesia

Ahok is a very effective governor. With much less budget he can make rivers clean, fix all roads, give universal healthcare, and funds the poor's education. Oh, he also eliminates corruption due to his ebudgeting. And he is very popular. Duh.

So, his political opponent use anti blasphemy laws to bring him down. Whether he blasphemes or not is very politically controversial. Not one that listen to him. So someone would seek his video, pretend to get offended, and sue him in court.

Hence, the current question. How public your speech should be to get jailed by this rubber flexible law. If you say something privately, and someone record it, and publicly show it, will you be jailed? If so, should you not talk bad about religion anywhere privately?

My concern is a hypothetical case. Say I talk something about religion. And I talk to a few people. Yet the talk is recorded and then latter people that want me death for totally unrelated reason use a youtube video and claim they are offended. If this is the case, then the law effectively prevent people from talking about religion in any place even when it's not public.


texts: Can I print t-shirts with logos of foreign national parks and sell the shirts online?

texts: I'm in the U.S. and considering printing t-shirts with foreign logos of national parks on them.  The shirts would be sold online.  In many cases, it's difficult to determine if these logos are trademarked.  I can't see that these shirt would damage the parks in any way or compete with them.   I'm also considering putting logos of various departments of foreign governments (i.e. Republic of South Africa's Arts and Culture Department).  Is this use of any of these logos legal?


texts: Is stealing a key equivalent to stealing whatever it unlocks?

texts:
My understanding is that if a person commits a theft, the theft is considered more or less 'severe' depending upon the value of the item(s) burglarized. If this is true, how would that work for an item like keys, whose extrinsic value I'd assume is somehow related to what it unlocks? If a person stole:

keys to an empty house
keys to a safe containing 1MM USD
keys to a new car
keys to a recognized sensitive area (police evidence locker)

would these be considered the same 'levels' of crime or is there some consideration of the value attached to what the key secures? Or would there be additional charges layered on that differentiates the value of what's being protected?


texts: What options does a lawyer have if a client admits he is guilty but doesn't want to admit it to the court?

texts:
This question is inspired by this question. If a client tells his lawyer he is guilty of the crime but does not want to admit it to the judge, what options does the lawyer have? Must the lawyer admit it to the judge or is he not allowed to do so, and still must help the client?

For example, if someone is a suspect in a shooting and he hires a lawyer and says, "that gun they found was the one I used to shoot the victim, what can you do to get me out of this?", what options would the lawyer have?


texts: Is it legal for a restaurant to limit the amount of a certain type of bill?

texts:
The restaurant I work for has started a new policy that a server's bank (cash payments made by guests that I owe the store) may only turn in a maximum of $20 in one dollar bills. I had an issue with this today, as I had a customer pay for a $48 check in all ones. The manager on duty refused to accept my bank at the end of my shift and required me to keep the ones and break bills I already had.

Is it legal for the restaurant to do this? Technically, my bank is considered a debt to the store so they can't refuse a payment. If that had been my only cash check, what could I have done but give them those ones.


texts: Requirement to disclose information during jury selection

texts: During jury selection and you are a potential jury member, are you required to answer the question if asked whether you own a firearm or are a member of the NRA?


texts: UK Employment law: differences between furloughed, laid off, and redundant

texts: In UK employment law what are the differences between being furloughed, laid off, and made redundant?


texts: Is is legal to include a bot software into an installation by explaining to the user?

texts:
I made a bot program which only visits some websites automatically (not a virus, worm, trojan and etc) and I'm planning to install it as an additional program near main program.
I know it is illegal but if I wrote some information about this bot in the usage statement which people should accept that before installing the main program, would it be legal?


texts: Is there a fully legal way to pay EU customs as a recipient without post handling fee?

texts:
Note: I'm not sure this belongs to this site, so feel free to point me to where I can investigate or migrate the question.

I live in Belgium, Europe. I often order items from outside the EU, because of wider choice. However, when the item is above 22 euro custom duties are due which I would understand if they did not take 20 euro (25$ or so) as "handling fee" (which to be honest I don't know how it justifies such a premium), plus obviously EU VAT (20-22%). As a whole this makes items under 100$ cost the double of the price, also given the shipping (for a reason I really can't understand) makes up part of the item value.

I know delivery companies can someway pay recipients' customs fees upfront, basically paying 0 as a handling fee and potentially (just guessing here) a lower VAT.

Is there a way to not pay the handling fee or get a reduction by paying upfront - on the recipient side, not sender - whatever is due to customs for a certain product shipped to EU from a non-EU country?


texts: I mean, they host a lot of illegal content. I do not understand why they are not being taken down. Any idea?


texts: Character, Record and Associations = Evidence?

texts:
As I understand it, the prosecution must establish a motive, means and opportunity before a person can be convicted of a crime. However, none of these are considered evidence.

To put it another way, motive, means and opportunity can help an investigator "frame" a crime and identify suspects even before any evidence is gathered.

Now consider three other factors: character, "track record" and associations. For example, imagine a suspect who is widely regarded as sleazy - an operator in the porn industry - for example. He's on record as having lied and used drugs, even though he was never charged with any crimes in that respect. He is known to be good friends with some corrupt politicians and has business dealings with members of the local chamber of commerce, giving him political connections.

Can personal character, associations and a person's or organization's prior record (whether it includes legal convictions or not) be used in a courtroom? Also, can any of these three things be classified as "evidence"?


texts: I know that land sale contracts, for example, have to be in writing in most jurisdictions. What other kinds of contracts legally have to be in writing to be enforceable? (US jurisdictions preferred but any jurisdiction acceptable).


texts:
Suppose that five people (A, B, C, D, and E) are being tried for breaking some law. What B did is slightly worse than what A did, what C did is slightly worse than what B did, and so on...

Suppose that A and E are tried first, and that A is found not guilty and E is found guilty.

If the remaining three are tried in the order B, C, D, then B will likely be found not guilty since what they did is similar to what A did, and C will likely be found not guilty too since what they did is similar to what B did. We don't know about D since their action is similar to both C (who was found not guilty) and E (who was found guilty).

However, if the remaining three are tried in the order D, C, B, then D will likely be found guilty since what they did is similar to what E did, and C will likely be found guilty too since what they did is similar to what D did.

This means that C is more likely to be found guilty if the cases are tried in the order D, C, B than the order B, C, D.

Obviously, a system where the order in which people are tried determines the outcome of the trial isn't fair, so why does it make sense to give any value to legal precedent when determining whether someone is guilty or not?


texts: What crimes are senators and representatives immune of?

texts:
Art. 1 Sect. 6 Cl. 1 of the Constitution states that

[Part 1] The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the United States.
[Part 2] They shall in all cases, except

treason,

felony

and breach of the peace,

[Part 3] be privileged from arrest during

their attendance at the session of their respective Houses,

and in going to and returning from the same;

and for any speech or debate in either House,

they shall not be questioned in any other place.

Formatting mine
I am having a little bit of trouble understanding exactly what parts 2 and 3 are saying.
From what I understand, Part 2 is saying that a member of Congress cannot be arrested, unless they commit "treason", a "felony", or a "breach of the peace." Part 3, though, is really the part that I find confusing.
Is Part 3 essentially saying that a Senator or Representative may not be arrested except for treason, felony, or breach of the peace anywhere, or is it for a specific place?
Also, are there any real examples of a Senator or Representative committing a crime other than those outlined above?


texts:
I am a master's student in Germany, and I live in a private flat share of 5 people for the past three years. I am not a native German and MAINLY NEITHER OF THE FLAT MATES OR MYSELF OWN A TELEVISION OR RADIO. I recently got an enforcement letter from my city asking me to pay 356 euros from January 2013 till June 2014 (letter sent to them by ARD).

The problem is, the people with whom I used to live are not here anymore. There are new people in my flat and how can I pay that amount by splitting it with the newcomers? How can I pay for the others who are not here? I don't have so much money to pay either.

And I guess they have specified that they will visit my apartment in one week's time. What is the worst I can expect? What will they do by visiting my apartment?


texts:
I am considering applying for a trademark. The trademark I would like to register is the product name of a product that I am importing and selling. The name is an invented word (e.g. something to the effect of Bubbaloobaloobaloo), which is obviously neither descriptive of the product's character, depending on what you consider to constitute its character, nor its function. However, after first reading the Canadian Intellectual Property Office's Trademarks Guide, and then quite a bit of the Trademark Act, I am still uncertain as to whether or not the trademark is even registrable. Depending on the interpretation of a few particular clauses, I may be wasting my money if I apply.
With respect to filling out the application, the Trademark Act states in 30(2)(a) and 30(3), "The application shall contain a statement in ordinary commercial terms of the goods or services in association with which the trademark is used or proposed to be used; The goods or services referred to in paragraph (2)(a) are to be grouped according to the classes of the Nice Classification, each group being preceded by the number of the class of the Nice Classification to which that group of goods or services belongs and presented in the order of the classes of the Nice Classification." In addition to that, the Trademarks Guide provides the following example,
"Statement of goods and services
"Class 25
"Blouses, sweaters, pants, skirts, socks, underwear and pyjamas.
"Class 35
"Operation of an online retail clothing store; operation of an online retail jewellery store."
In the example, every single "ordinary commercial term" listed under 'Class 25' is provided the Nice Classification system, whereas only bits and pieces of the "ordinary commercial terms" listed under 'Class 35' can be found in the suggestions provided by the Nice Classification system. In light of all this, I am led to believe that "ordinary commercial terms" should be at least loosely interpreted for the most part as 'terms provided by the Nice Classification system', but I cannot be absolutely sure...
Now on to the real issue.
Under the section 'What You Can't Register' of the Trademarks Guide, the examples it provides for 'Words in Other Languages' with respect to section 12(1)(c) of the Trademark Act entitled 'Registrable Trademarks' are as follows, "You would not be able to register the word 'gelato' (Italian for 'ice cream') in association with frozen confections; 'anorak' (Inuktitut for 'parka') in association with outerwear; or 'wurst' (German for 'sausage') in association with meat." The legislation merely states, "A trademark is registrable if it is not the name in any language of any of the goods or services in connection with which it is used or proposed to be used."
The big question presents itself: Does the product name or the corresponding "ordinary commercial terms" provided by the Nice Classification constitute the "name of the goods"?
I would really appreciate another perspective. Can anybody weigh in on this?


texts: "Like Facebook, only better" - Can I legally use this in marketing?

texts: "Like Facebook, only better" - Can I legally use this in advertising for my website. Is it possible to do so without getting sued?


texts: Risks of requiring payment acknowledgment when requiring release without payment

texts:
Suppose Acme Co does something which damages Bob, and Bob files suit.

Acme Co’s attorney Allen approaches Bob in person, admitting that Acme is liable and offering to pay $X as well as take steps Y and Z to address Bob’s concerns, without having to wait the extra months required for the court process to complete ($X, Y, and Z being similar to the likely court outcome), on the condition that Bob first sign what Allen describes will be a simple, limited release settling the claim.   In this conversation, Allen presents himself as a reasonable person and repeatedly asserts Acme’s trustworthiness, how much they keep their word, and how they will do so here, despite Bob’s past experience.

Allen then sends Bob an extremely broad release form to sign. The release form cites amount $X but makes no mention of Y or Z, and buried in there is language that the undersigned (as marked under the line, Bob) acknowledges having already received $X and gives up any rights to ever pursue any related amounts in the future.

If Bob signs, Bob loses all rights to the claim and Acme does not even have to pay $X, because it can point to Bob’s signature acknowledging that he had already been paid in full.  Given the complexity of the document, it is unlikely that unsophisticated, pro se Bob will notice this.  Even if he notices the words, it is likely that Bob would sign anyway based on Allen’s previous verbal assurances that $X, Y, and Z would happen, combined with Allen’s efforts to appear reasonable and convince Bob to trust Acme.

If Bob does not sign, Acme similarly does not make payment because Allen had previously established the signature as a precondition to payment (“Acme policy.”).  Bob retains the right to pursue the claim and even if he later wins a similar judgment against Acme, Acme gains the full benefit of the delay, at Bob’s cost.

Allen’s deception strategy seems most likely to have a big payoff if it is successful in fooling Bob, and a small payoff if it is not.

Is there any way this strategy could, in practice, significantly backfire?
If Bob were "playing" optimally, what, if anything, could he practically he do to make it backfire?
If nothing, why is it not commonly taught in law schools as an effective way to win over an adversary and best protect a client’s interests?

Continuation: If Bob signed, and gets annoyed at Acme's failure to follow through on $X, Y, and/or Z, Acme's strategy is to present the signed release (perhaps calling special attention to the acknowledgement of payment received) to the Court, blocking Bob from pursuing that line of inquiry any further.

In the unlikely event that Bob manages to overcome that block and figure out + execute all the legal steps needed to reach an evidentiary hearing about whether or not payment was made, Acme's strategy is to cause the finder of fact to believe that Bob had stated a preference for cash payment and Acme conceded to Bob's wishes, underscored by the clear evidence that Bob signed acknowledging receipt of the funds.

Assume that Allen presents himself to the Court as a reasonable person, that Acme is at least a locally powerful institution that many assume to be credible, and that Allen's role as an attorney further strengthens of the assumption of credibility that others in the courtroom apply to Allen in representing Acme, particularly in contrast to non-attorney Bob.  As a result, any claim Bob makes about Acme contrary to a statement Bob himself signed is likely to reduce his own credibility more than Acme's; Bob and Allen both know this.  Acme's strategy also includes privately pointing this out to Bob beforehand to try to convince Bob not to raise his challenge.


texts: Can someone compelled to testify intentionally ruin the credibility of their testimony so long as they don't perjure themselves?

texts:
Lets say that Vic is on trial for murder, and Bob was present when Vic made some incriminating statement or action which implicates Vic and Bob's testimony is crucial to convincing a Jury of Vic's guilt.  Bob is friends with Vic and doesn't wish to testify against him, but the court subpoenas him and compels him to testify.  Bob is not going to perjure himself or otherwise break the law for his friend, but wishes to minimize the harm to Vic his testimony may cause.

Can Bob intentionally make himself look like a non-credible witness, to greatly limit the degree that the jury trusts Bob's testimony?  I'm referring to something like showing up for the trial drunk and disheveled, speaking in slang and broken English, tossing out random/irrelevant statements or acting confused, Saying things like, "The police told me they thought I witnessed the crime, who am I to argue with the police?" or, "They threatened to throw me in jail if I didn't say I saw Bob do that so I'm here to say I saw it." (I.e., something that is accurate but may leave jury wondering if the pathetic Bob is just saying what the police want him to).

Assuming the police could prove intentional attempt to ruin one's own credibility would any, or all, of the above be illegal?  What options would a lawyer have at trial if a less blatant example of someone showing up disheveled and acting incompetent, where the lawyer suspects it's intentional but it's not so blatant to cause a mistrial, to address the attempt to do something like this?


texts: Is the US officially not a member of the WHO now?

texts: The USA's President Trump has announced that the country is "terminating our relationship" with the World Health Organization. But I haven't been able to find any information on what the legal consequences of such an action are. The WHO constitution lays out the process for joining the organization, but not for leaving. Can the US be said to officially no longer be a member, or is this some unprecedented legal gray area where there's no formal definition of what it means to be a non-member?


texts: Are visitors affected by family law of UAE and Qatar?

texts:
Does the family law of UAE and Qatar apply to people who transit the airport, or who stay for not more than 1 day and enter the country for that purpose?
Especially laws about child custody.
UAE (Dubai, Abu Dhabi) and Qatar have quite big international flight hubs. The family law in these countries is quite different. As far as I'm informed, women have the sole right and responsibility to care for a child there. And men have the right to determine where the child is supposed to live. For that reason men can also impose a flight ban on a child.
Does all this apply to those who transit through the airport or other short term visitors?
For example:
Assume a mother lives with the child in Poland. She has sole custody and parental responsibility (but only in Poland). She flies to the Maldives for holiday with the child. She transits through Dubai.
Assume the father lives in Spain. Can the father issue a "flight ban" in the Dubai airport for the child? Can he prevent the child from transiting? Can he make the child to be held in UAE and to be disallowed to leave UAE until the child comes of age? Can he pick-up the child or otherwise arrange for the child to be transferred to Spain, because in the UAE he has the right to decide where the child shall live?


texts: Can private schools in CA require a uniform?

texts:
California has what's known as Leonard's law that protects free speech when on a private school campus, whereas the rest of the country says private schools can control speech on their campuses.

I'm asking specifically about a Lasallian school which is a religious school and Leonard's law says that the school can restrict speech if it is against the religious tenets of the organization. Now I don't think school uniforms fall are part of the tenets of Catholicism, so why can private schools enforce dress codes?


texts: What would be Julian Assange's expected punishment, on the current English criminal law?

texts:
Currently, the only charges form the British side against him are, that he avoided the criminal procedure (he was, on the British law, a fugitive) by his "visit" on the Ecuadorian Embassy.

Meanwhile, the British police has spent £11million.

Now consider the case if he wouldn't be extradited to the U.S on some reason, and any other "extra-judicial measurement" (for example, "committing suicide"  in his cell) wouldn't happen.

What is the punishment for that in English law?

Update: he got 50 weeks, what nears the 1 year maximum. There is no news from financial punishment or extradition.


texts: Can an individual form a Party Wall agreement with themselves?

texts:
I own two adjoining properties (I wish). I intend to instruct a builder to carry out works (to designs by others) to one of them (which happens to be the one I inhabit), and which would ordinarily require serving notice on the neighbouring owner.

Is there any logic in issuing a party wall notice to myself?

Under these circumstances, can the separating wall even be recognised as 'party', given that the properties either side are under common ownership?


texts: Are user-space programs designed for modified Linux kernels considered derived works under GPLv2?

texts:
The Linux kernel is distributed under the GPLv2 and it seems generally accepted that "user-space programs that use the standard
system call interfaces aren't considered derived works" as stated by Linus Torvald on "Re: Linux GPL and binary module exception clause?". The Linux kernel COPYING file does indeed have this preamble, right before the GPLv2:

  NOTE! This copyright does not cover user programs that use kernel
   services by normal system calls - this is merely considered normal use
   of the kernel, and does not fall under the heading of "derived work".

What is the situation for user-space programs that use modified system call interfaces?

For instance, if I have:

a user-space program that requires very specific constraints regarding the layout of the memory; and
a purposefully modified version of the linux kernel that implements these constraints

Can I still distribute the user-space program under a proprietary license along the modified kernel (under GPLv2)? Or is this a situation where the modification of the kernel implicitly creates a dependency that turn the the combination of the user-space program with the modified kernel into derived work?

Does it make a difference if:

the kernel modification is only used for that specific user-space program or if it is a widely used public patch?
Does it make a difference if the kernel modification only modifies the implementation without modifying the interface?


texts: Can you run a Patreon and collect money on behalf of someone else?

texts:
Say a guy creates a Patreon for his brother who is a video game designer. A lot of people love his games and he's popular in the community. The guy does not imitate his brother, but instead claims that money donated will be split with him -- however, his brother has no agreement/idea with this.

The Patreon owner would not be stealing from his brother per se since the money sent is to be shared with him whether he knows it or not -- and there's no copyright infringement/intellectual property issues/etc. Given these specifics, would it be illegal to collect Patreon money on behalf of another person's work expectancy, regardless of whether they choose to accept or even know of it?


texts: Legal Name and/or Pseudonym and Record Keeping

texts:
Q re U.S. Copyright registration:

I understand that by leaving blank the space asking for an author's (legal) name but indicating the author's pseudonym that the two names won't be linked and thus the correlation will not be made publicly available online or otherwise. That's what I understand.

I also understand that it is not wise to copyright solely under a pseudonym, as it can get rather tricky to prove that I (the legal 'I') am the author should any legal issue arise.

Now, if I were to use my legal name as the claimant do have my cake and eat it too, or are the terms 'claimant' and 'author' looked at as two separate things?

In other words, If my legal name is Bob Roberts and I leave blank the author name but say that the work is pseudonymous and use the name Bill Williams as the pseudonym, will my using Bob Roberts as claimant make it clear that my legal self is, in fact, the author?


texts: can I be extradited to Manchester if I am from Manitoba, Canada and commit a crime in Manchester?

texts:
Now this is hypothetical, but let's say I visit Manchester, UK, but I live in Winnipeg, Manitoba, Canada.
While in Manchester, I set a building on fire, or I murder someone.  Greater Manchester police figure out that I did it, and find out I'm in Winnipeg.
Can I get extradited to manchester even though I was born and raised in Winnipeg, or would I be charged in Winnipeg despite the fact the crime happened outside of Winnipeg and Canada's jurisdiction?  What would have to be done if I could get extradited to manchester to ensure my arrival in Manchester, given that Winnipeg to manchester involves an Inter-continental flight?


texts: Answering "Do you have anything to declare?" to customs in the absence of any explanation of the question

texts:
On some occasions, when a traveler goes through US customs, there are electronic self-serve kiosks or paper forms with detailed customs questions about what you are carrying (currency, goods, food, etc.), and there are statements warning about penalties for not answering truthfully.
On other occasions, there is none of the above, and no explanatory signs posted, and the customs officer simply asks, "Do you have anything to declare?" (this happened to me recently when traveling from a US territory to the US mainland) so it's not obvious what they are asking, or that there are penalties involved. Suppose somebody should have answered "Yes" but they answered "No" because they didn't understand the question, or they have never travelled before, or they didn't know or didn't remember all of the items that should be declared. In this case, it sounds like ignorance of the law could be a reasonable defense. Is it?
If customs wanted the question to be legally enforceable, in the absence of any accompanying written explanations, shouldn't they say something more like, "Do you have anything to declare under US customs code, section blah blah blah? Not answering truthfully can carry penalties and fines. If you don't understand the question, please ask."
Update:
For those wondering where my customs interaction occurred, it was at the STX airport in St. Croix, US Virgin Islands (a US territory). It's an international airport, but most outbound flights are to the US mainland. Technically, travelers leaving USVI are already in the US, but air travelers leaving the territory have to exit through US customs and immigration. Possibly it's because the USVI's borders are extra-porous so they are monitoring for illegal immigrants, and/or because USVI has certain restrictions and duties for goods going to/from the US mainland.
US Customs and Border Protection in STX used to hand out Customs Declaration forms, so it was easy to understand what to declare. Now they just ask verbally, either in some detail ("Are you carrying any food?") or as a broad question ("Do you have anything to declare?").


texts: Use an image under GNU/GPL in a commercial application

texts:
We are currently developing a commercial application. We found some images(icons) which are under GNU/GPL license.

I'm not an expert in this kind of things, but I was wondering if it is legal to use the image inside our commercial application(which is definitely not under GNU/GPL license).

For what I read here, some obligation are induced when we modify the file. But in our case, we use it in a bigger application.

So:

Is it legal to use it?
Is there something we should absolutely do?(Like indication in the license of our application that some parts are under GPL/GNU? Or indicate where this icon is coming from?)


texts: Why did double jeopardy not apply in the O.J. case?

texts:
On 1995 O.J. was found not guilty in the famous murder case. This was in criminal court and after that he was tried for the same thing in civil court - except this time it was called wrongful death rather than murder. He was found "responsible" and ordered to pay $33.5 million in damages. How is this not double jeopardy? After being tried and found not guilty he was tried for the exact same thing in a different court.

This source says:

  The catch is that the second trial involved civil charges, not
  criminal charges. The penalties are different -- imprisonment or even
  death for guilt in the criminal charge of first degree murder, but
  only financial penalties for the civil charges of being found liable
  for a death.

Just because you call it a different name doesn't mean you aren't being tried for the same thing. If this is an actual loophole, doesn't it allow resourceful adversaries to lock their victims into court battles indefinitely?


texts: Can US citizens be denied entry to the US?

texts:
This question includes multiple hypotheticals that may have seemed inconceivable a year or two ago, but now that we've shifted to debating about how they might be implemented, consider the following campaign promises of the current US President, which cannot be trivially dismissed:

"a total and complete shutdown of Muslims entering the United States"
a registry of Muslims in the United States

Also suppose:

A US citizen is in that registry as Muslim
That same citizen travels internationally, e.g. for a conference, business meeting, or tourism
In version B of the question, the citizen is attempting to re-enter the US from a "terror-prone country" from which entry might be even more restricted.

Can that person be denied entry to the US, if strict policies like those noted above are adopted?

Possibly useful links:

This question on Final Gear Forums;
Glenn Greenwald's post about a case where two US citizens were denied re-entry, without court process or criminal charges.


texts: 13 y/o Sexual Harassment -- What will happen?

texts:
I am the parent of a 13-year-old. He has recently gotten involved in sexual harassment. He iMessaged a girl some very, very inappropriate messages (eggplants, inappropriate cussing, etc) at school ~1 month ago. We just now got a letter that we need to attend an Intake Conference on the 25th.

Details:
-- We are in Oklahoma (Norman)
-- He had confessed and took it upon himself to right an apology letter to the girl.
-- He has no previous history of this, other than asking some girls sexual questions that they allowed him to ask & a history of porn.
-- He barely knew the girl.
-- The age difference was roughly 4 months.
-- We pulled him out of his public middle school and put him in an online school.
-- This is his first legal offense ever. (Other than drug possession, but there wasn't enough evidence from the school to warrant them to charge him)
-- We have gotten him psychologically tested for sleep issues and because of this. No results yet, but the psychologist stated he wasn't a danger to society. She also gave us a notice stating that he had attended.
-- We have gathered his med. records, school records, and other requested documents. We do not have his social security card.

My Questions:
-- Whats the difference between a charge and a referral?
-- What do they do at an intake conference?
-- Do I need an attorney?
-- Will they (NPD) need to forensically investigate his electronics?
-- What is the sentencing for Sexual Harassment?
-- Is it sexual harassment? On the referral it states "Threat / Harass.".
-- What will they already have on record?
-- Can he be arrested if the intake officer deems the family or him unfit for society?

My lawyer has stated I can fully disclose this information without legal   consequence. I'd appreciate as much input as possible. Thank you.


texts: I need to know if you can sue someone for pain and suffering after being secretly audio taped in North Carolina.


texts:
I have been creating a rpg system for the past few years, and I wish to put it online for the world to see, use freely, propose modifications and create with it as an inspiration.
As I wish to later publish it commercially, with additional content on the side, I was looking on a way to license it in a freely but not to freely way.
The CC By-NC-SA seems like it fits what I'm trying to do, but I have a few questions.

As the person imposing the license, could I still at a later date publish that work commercially?

If yes, could I include the modifications that were proposed by others to that publication (with citation of the person's name and the way they helped, of course)

If I'm having a company publish that work for me, how would the license affect it?

I'm aware that this question has similar answers already, but what I found did not make things clear for me.


texts: Acts passed in the UK affecting criminal justice under Blair

texts:
What is the best repository for researching acts that were passed in the UK under a certain government that affected a specific area of legislature? Is it necessary to trawl through all acts passed within the specific timeframe, or is there a more efficient method / are there any such catagorised listings available anywhere?

As an example, please see the title.

To generalise, can this be done for the US / other countries?


texts: Whose misconduct? Only the prosecutor's, or the prosecutor and the cop?

texts: A court tells the prosecutor and the police not to tell the jury that the defendant has a prior arrest. Then the prosecutor asks the witness "Officer, how did you find out where the defendant lived, so that you could go there and arrest him?".  The officer has of course been ordered to answer the questions and tell the truth, and so replies: "I found out from the record of a prior arrest."  So there's prosecutorial misconduct.  But is it misconduct on the part of the witness?  Should the witness have declined to answer?  And if so what would the witness say as a reason for refusing to answer?


texts: How is parental authority, as opposed to physical custody or visitation, enforced under the Hague Convention (28)?

texts:
Under the Hague Convention (28), can parents request assistance securing Rights of Custody under Article 21's provision for assistance securing Rights of Access?

It seems "non-sequitor" that parents can request assistance securing Rights of Access, but not Rights of Custody, (in cases where neither Wrongful Retention nor Wrongful Removal are relevant).

Is there jurisprudence regarding this?

  Hague Convention 28: Convention of 25 October 1980 on the Civil Aspects of International Child Abduction

    Article 21 - An application to make arrangements for organising or securing the effective exercise of rights of access...
    Can an individual request assistance securing Rights of Custody  under this article?

  Quebec Central Authority - ... notes that ... Hague application[s] for access will be considered under Article 21 of the Hague Abduction Convention and that issues such as the respect of ... parental authority or rights of custody are not necessarily part of considerations under Article 21.  (Received via U.S. Department of State, 2017-08-22.)

Is there precedent for Quebec's interpretation? Is this clearly understood from Article 21?


texts: Is a landlord attempting to collect on a debt covered by the Dodd-Frank Act

texts:
If a landlord alleges that a former tenant owes money for damages caused to the house during the tenancy, are the landlord's actions while attempting to collect the alleged debt covered by the Dodd-Frank act?

I ask because, in the Consumer Financial Protection Bureau's bulletin on the act, says the act covers original creditors, but it refers to the debtor as the "consumer".  I am not sure whether this act then only covers consumer debt (i.e. store purchases etc.).

Thanks!


texts: Can I sue my friend for stealing money from my personal bank acct.?

texts:
My best friend of many years and I went into business together. I bought a franchise for him and I. In the Franchise agreement it is required to submit a bank acct. that is currently open, active etc.. I submitted my personal bank acct. to the franchiser to enter into the contract. With that being done my business partner/friend had access to this bank acct. information being it was in our mutual contract. We use this bank acct until "we" open a business bank acct.. My partner decided to open a bank acct. at the same bank my acct. was at. I discovered he was doing telephone withdrawals to his new acct. The way I knew it was his he used my address for his bank correspondence, knowing I would not open his mail. I later found out he did this to keep his girlfriend from knowing of this money. We are no longer friends and were getting out of our business.
What are my legal rights to get my money back? Of course he denies everything. He stole 20,220.00.
Thanks A.B. Ford


texts: Breach of fiduciary duty for poor management of endowment?

texts:
If the board of trustees of a private university keeps investing the endowment through an expensive firm run by their friends, despite substandard performance, could a case be made for breach of fiduciary duty? The economists employed by the university have long urged the board to invest in index funds instead.

I know I would need to consult a lawyer specializing in this area, but I'd like to know first if I would be laughed at or if this is a reasonable question.


texts: Can an untraceable license be enforced in court?

texts:
I have been asked to provide the license details of all the software libraries used in a software. It should have been an easy task since the customer provided the full sources for them.

Unfortunately, among others I've noticed that Highcharts sources (version 2.1.4) do not contain any license.

All I can find is:

/**
 * @license Highcharts JS v2.1.4 (2011-03-02)
 *
 * (c) 2009-2010 Torstein Hønsi
 *
 * License: www.highcharts.com/license
 */

Now, I will contact the company to know what the license was back then.

But that made me wonder: can such unstated, untraceable and mutable contract be enforced in a court?

I mean, whatever license Highcharts had back then, the resource pointed by the url may have been changed by the company, hacked by an attacker and so on...

There is no way (that I can think of) to prove that the license was a particular one, just like there is no way to prove that the a page referenced by a particular URL had the same content it currently have.

Obviously, Highcharts still reserves the copyright so that probably it does not change much from a legal perspective, but this might impact other open source project depending on Highcharts (as the software in question) that could not prove all their dependencies are actually good for a specific application.


texts: Is reading obscene written material online illegal in the UK?

texts:
I am quite confused by what seems at the outset to be a very simple question in the UK's obscenity laws. Suppose a person puts an obscene story on a website (we'll call them the Writer) and another person reads the story (we'll call them the Reader).

Is the Reader guilty of 'publishing' the material and therefore in breach of the 1959 Obscene Publications Act?

In the normal sense, 'publication' is defined in an online context as

"to submit (content) online, as to a message board or blog: I published a comment on her blog post with examples from my own life."
according to www.dictionary.com (emphasis added is mine).

In the context of the Obscene Publications Act, the word 'publishes' seems to have been redefined, appropriated to become a piece of legalese that no longer reflects the original meaning of the word. The wording of the Act states (emphasis mine) -

(3)For the purposes of this Act a person publishes an article who—

(a)distributes, circulates, sells, lets on hire, gives, or lends it, or who offers it for sale or for letting on hire; or

(b)in the case of an article containing or embodying matter to be looked at or a record, shows, plays or projects it [F1, or, where the matter is data stored electronically, transmits that data.]:

. . . F2

What does it mean to 'transmit' that data? Regina vs Waddon has shown that transmission is said to have occurred when the data is uploaded to the Website by the Author or downloaded from the Website by the Reader. In both those instances, the Author was deemed to have 'published' the article. (The reason it mattered was that although the Website was hosted abroad, the UK-resident Author had still broken the UK law when the material was downloaded in the UK so he could therefore be prosecuted).

But what about the Reader? ... This nebulous wording seems to imply all manner of things.


texts: Is statement of objectives of a bill considered part of the law?

texts:
I want know if the law is just the clauses and sections of the constitution or does it also expand to the statement of objectives of a bill as well.
I am asking this with regard to the recent unrest caused after the introduction of Citizenship Amendment Bill of India which has now turned into an Act.
The government has said that this bill is supposed to grant citizenship to illegal immigrants who have been persecuted and belong to certain minority communities of their original country. But the act never uses the word "persecuted" or anything related to persecution is mentioned. However, persecution is mentioned in the statement of objectives of bill as it was introduced in the parliament.
So if for example an illegal citizen is to be granted citizenship as per this Act would they be required to prove their persecution as it was mentioned in the statement of objectives.


texts:
When does the manufacturer warranty for a car start?
I was told that it starts when the car was built and the built date is considered to be January 1st of the year of the model, so that it would be January 1st 2020 for a Camry 2020. Is this true?
I don't wanna sell cars to customers not knowing if the manufacturer warranty is no longer valid and tell them otherwise.


texts: What body is the US Department of Homeland Security (DHS) accountable to for aviation security functions?

texts:
The United States House Transportation Subcommittee includes:

transportation safety (except automobile safety and transportation security functions of the Department of Homeland Security)

Which bodies of the US government provide oversight of DHS Aviation Security functions?


texts: The corporate tax rate in Delaware is 8.7%. The federal corporate tax rate, which startups likely don't have the faculties to avoid paying, is 21%. If I'm a startup incorporated in Delaware, and I raise $100,000 on a $1,000,000 valuation, do I have to send $29,700 of that to the IRS and Delaware Department of Revenue?


texts: Do lawyers advise not to pursue legal action?

texts: If a person is thinking of taking legal action, if they consult with a lawyer do lawyers ever advise "your chances of winning are so low you shouldn't bother pursuing this"? On one hand it may be good advice, but wouldn't that be counter productive to the lawyers business? Presumably the lawyers want a client so can it be a conflict of interest? Can it somehow be guarded against?


texts: Is "time served" applied to bail as well as jail?

texts:
It is not uncommon for "time served" in jail awaiting trial to be credited towards any sentence of incarceration for a defendant ultimately convicted of a crime.  (I haven't been able to determine whether this credit is a matter of policy or discretion; any information on that question would be welcome.)

However, many defendants are permitted to await trial on bail.  The conditions of bail are similar to the conditions of "probation."  A term of probation is often a part of the sentence of a convict.

Is "time served" on bail ever or often credited towards a term of probation imposed during sentencing?


texts:
I'm developing some apps that rely on RSS feeds for it's contents, these apps never store the feed data, and always pull the fresh atom xml from the server. I limit the char count to 100 chars, so it won't display all the post content on the listing, and then redirect the user to a webview with the content owner's site open, so they receive their visit as they should.

My apps main sell points are the opportunity to favorite posts on the app, and the notification when new posts arrive. Other than that, it is a RSS reader, as many other, that is subscribed only to one feed.

The site owner asked me to remove the app as they didn't like it. I contested them saying that it is fair use, and refused to remove. I do have banners on it, but just on the listing screen and favorites screen, and the content is displayed bannerless.

What you people think? I'm in trouble? As I don't "republish" it, just merely display, nor I store their data, am I safer?


texts: Is altering the manufacture date of anything a fraud?

texts:
Today I bought a cordless drill from Amazon. I immediately noticed something weird: on the label, under the inevitable "made in china" text, there is what looks like a manufacturing date. However, it's wrong because it reads "2018-12". Assuming the possibility of it coming from the future is unlikely to say the least, it might have been made on purpose.

Why would they do that? I think it could be in case they weren't able to sell that unit, so that they could pretend it is newer than it really is. This might be unpleasant for the customer, expecially considering the aging that the included lithium batteries are subject to.

My question is: is this behaviour by the manufacturer illegal? What should I do now?


texts: Can I compel city authorities to disclose a fact in case of a lawsuit?

texts:
Here's the scenario. I was recently walking with my six-year-old on one of San Francisco's popular pedestrian streets. At some point, a teen-aged man rode by on a rented (or stolen) electric scooter at, by my estimate, 40 mi/h -- a speed that would very likely cause serious injury to the child, should they have collided. In fact, they nearly did.
I would like to send a letter to the City of S.F. compelling them that in case they, or any 3rd party, like Lime, are sued for personal injury in a similar situation, the plaintiff be notified of my willingness to testify on their behalf. Is there a legal procedure for me to follow in this case?
By my thinking, such a lawsuit would allege the City's negligence in allowing this type of motorized vehicle on pedestrian sidewalks (they are, in San Francisco). To allege negligence, I understand, a trail of warnings and near misses would need to be established, so my letter would serve the dual purpose of serving as such warning and, if possible, compel them do do something about it, like connect the plaintiff with me, should the plaintiff be interested in such a connection.
Thanks in advance!


texts: Is law enforcement responsible for damages made by a search warrant?

texts:
Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? The door and frame is likely to be damaged and may cost hundreds of dollars to replace but there is a small chance someone could also get injured.

I have seen where the landlord will let police in with a search warrant with 0 damage but in other cases they can devastate the house breaking and rummaging with a near 0 regard the property and tenants personal items.

Can the landlord sue for damages? Are police above criminal law for destruction of property in this matter when they don't at least try the unlocked door?

I understand that some damages in court could be argued as previous damage or damages needed for entry but what if you can prove it was intentional and unwarranted with no reason?


texts: Is it legal in USA (FL) to organise tournaments (any sport) among friends, each player putting some money, with 100% going to the winners as a prize?

texts:
Is it legal in USA to organize no-profit tournaments (any sport) among friends, with each player putting some money to play, and 100% of the total pot goes to the winner (and possibly second/third place) as a prize, with no profit for the organizer (unless he/she gets a prize cause of the ranking of course). I live in Florida and I am interested only in beach volleyball (2 versus 2), but I guess other people could be interested so a general answer might be preferred. Specific questions:

Does the amount of money matter? We would like to put $5-10 each, so really just for fun and to make it a little more competitive
Does it matter the number of persons involved (my case not more than 10-14 probably)?
Is there a difference if the tournaments are organized at a public location (e.g. beach), private location (my backyard), or other private/public locations (University campus, the backyard of a bar/restaurant, etc?)
I am interested in the Florida case, but is it a federal law or each state has their own regulations?


texts:
I want to move money I earn working in Germany to Spain, where I am from. What should I take in account or be carefull to do during this transaction? I dont kow the minimum amount of money which I should declare taxes, o if I have to do it or if there are other thing to take into account

I would transfer the money between a german bank to a spanish one but I am interested in other ways.


texts: Are martial artists held to a different standard?

texts:
At the beginning of the movie Con Air, the main character is presented as an ex-Green Beret who is attacked by 3 people outside a bar. He defends himself and his pregnant wife during the fight until one breaks a bottle over his head, after which he recovers and deliberately uses a palm strike to the face, killing one of his assailants.

Subsequently, he is arraigned for manslaughter. In an attempt to plea bargain the sentence down from a possible 10 years, he pleads guilty with the expectation he'll get something like 4. The judge accepts the guilty verdict, but rejects the plea terms and sentences him the full amount with the statement, "Your military training makes you a deadly weapon..."

This mentality runs contrary to my personal sensibilities (so I probably can't be a juror in this sort of trial), but to me common sense suggests that when you're being attacked in a 3 on 1 scenario and someone has introduced a weapon, it is prudent to no longer be lenient.

Does the law disagree with this mentality? Are military members and other persons who study martial arts held to a different standard in cases of assault or manslaughter like this?


texts: Would Google's Alphabet Inc. have any rights to alpha.bet?

texts:
If you own a "Google" trademark, then your sunrise rights to "google" in any of the newly proposed generic TLDs would likely be quite straightforward.

However, what about domain hacks?  There appears to be a new ".bet" zone, and "alphabet.com" has already been taken by BMW's global devision of fleet management, famously leaving Google's Alhabet Inc.'s new address as a mere "abc.xyz", even though Google's founders do mention that "Alphabet" is not just the abc, but also the alpha bet — "investment return above benchmark".

Would Google's Alphabet Inc. have any rights to alpha.bet during sunrise?


texts: Are invented names protected by copyright?

texts:
When an author invents a new term such as Mithril or Orc in Lord of The Rings or Redstone in Minecraft, are there restrictions on the use of those terms?

If I write my own book or create a video game would it be an infringement to use Mithril or Redstone as a fictitious item?

If so what are those limitations? If my redstone was actually a blue liquid that explodes instead of a red powder that conducts electricity would that be different?