texts: Does US federal law prohibit the possession of an uncontrolled prescription drug without a prescription, and if so, according to which provision?

texts:
What specific provision in US federal law, if any, prohibits the possession of an uncontrolled prescription drug without a prescription? I've had a lot of trouble finding the answer to this question, since most of the information available relates to controlled substances. I assume this would be found in the Federal Food, Drug, and Cosmetic Act, but have not been able to find it within the U.S. Code section (I haven't read the entire text, but have tried searching extensively). I am completely sure that I am asking about a substance not listed in any schedule of the Controlled Substances Act, e.g. propranolol.

I am also aware that there are provisions about importing these, but I am not asking about that. I am asking about the situation once such a drug is simply found in the possession of someone without a valid prescription for it, with no record of how they obtained it.


texts: Tenant Law - Pay full rent for one day over 30-day notice?

texts: I've been skimming over this trying to find if a landlord can demand rent for me staying a day over my 30 day notice. Specifically because the landlord is out of town that day. Can a landlord demand full rent for me being one day over my 30 day notice because he is out of town to do a walk through? Seems illegal.


texts: Can verbal statements and advertising literature be considered in addition to a written contract during dispute?

texts:
I was wondering if there is precedent for aspects such as advertising literature and verbal statements being considered in a contract dispute, even if not included in writing?
To give a specific example, when applying to universities, brochures, open days, reputation, advertising videos etc are all used to encourage students to go - and they give a sense of what is to be expected. However, the contracts students agree to do not usually include any of these things.
In a dispute over services provided, can these other aspects be used in addition to the contract, and if so, is there any legal precedent?


texts:
A program for children like a school or camp is required to supervise the children under their control.

Until what age is one required to provide supervision to minors?


texts: Application code shared between GNU and Comercial software

texts:
We have a software of our authory and made by our company, We have licensed a sub part of it as GPL v2 and still develloping a professional version with more features and that shares the code we publishes as GPL in a comercial license .

Now they are saying that I´can´t comercialize our product becouse its a derivation of a GPL software.

It doesnt use any code of the community or any other GPL library, only code writen by our company and some comercial (we have licenses), LGPL and MIT licensed librarys.

I would like to know yours opnion about the fact so I can do the right thing.

Thanks in advanced


texts: Possible to receive compensation as part of a class right after the submission deadline?

texts:
A friend and I learned that we are a members of a class moments before the deadline to submit the required forms for the settlement.  That deadline was approved by a judge, and therefore I think it is legally binding.

The settlement funds have not been distributed.

We tried submitting the legal forms through the court-appointed claim administrator's online system, but it repeatedly crashed while we desperately tried to submit the forms.  We captured a screenshot.

Is there any way to receive compensation as part of the class, or are we just out of luck?


texts: If there is more than 1 person harassing you online, are separate court orders required to identify each one?

texts:
If there is more than 1 email account harassing you online, do you need to obtain separate court orders to identify each one, or is one order sufficient?
What if one of the accounts you’re naming is determined to not be harassing?


texts: Trademark: "Lyft" and acquired dictinctiveness

texts:
I want to understand why "Lyft" was trademarked for "transportation of passengers by motorized vehicle".

When Lyft Inc originally filed for "Lyft" trademark in 2012 (serial# 85/743120), the use was essentially restricted to a computer and telecommunication service.

Then Lyft Inc filed another application in 2014 (serial# 86/183891) for use in "transportation of passengers by motorized vehicle". This time, the attorney's response was that (1) the mark is not "merely descriptive of the identified services" and (2) "the mark has acquired distinctiveness among consumers".

Said application was approved by USPTO.

Obviously Lyft had a very good attorney at that time, and the first argument (which was fairly well written) was probably enough to convince the examiner.

Still, I am bugged by the second point. Under the trademark law, shouldn't be mark have been used for at least five (5) years before acquired distinctiveness be claimed?

My question is, is a five-year period an absolute minimum for acquired distinctiveness, or do examiners make exceptions to such rule?


texts:
I’m just wondering if I will get in trouble for selling a website scraper targeted at a specific site? I see lots of online services offering this, some quite well established like ParseHub and they dont seem to be getting into any trouble so I reckon it must be fine?

Will I be correct to say only the person who actually uses the script will get into trouble, not whoever created it or is offering it as a service for others?


texts: Is a contribution clause necessary in dual-licensed MIT-or-Apache code?

texts:
I’ve noticed a lot of dual-licensed MIT-or-Apache Rust projects have added this clause concerning contributions:

### Contribution

Unless you explicitly state otherwise, any contribution intentionally submitted
for inclusion in the work by you, as defined in the Apache-2.0 license, shall be
dual licensed as above, without any additional terms or conditions.

Is this necessary, or is it already covered by the Apache license? Does it change the nature of the license at all?


texts: Are you allowed a lawyer in this situation?

texts:
I saw a video of a police interrogation on Youtube where first the officer reads the detainee his Miranda Rights which includes he had the right to have an attorney present during the interrogation, and he could stop the interview at any point if he didn't want to answer any question

After signing this document the officer further asks him to sign another document that said the detainee voluntarily "waives all those rights" of his own volition, so that the officer can go on with the interview

What I don't understand is, is the detainee no longer allowed legal counsel after this point? Can he still stop the interview at any point if he doesn't like the officer's question?


texts: Does copyright for artwork cover redrawings of the artwork?

texts:
Let's say I redrew one of the below fairly accurately (maybe even completely accurately), and tried to redistribute it for free or even commercially, would I be in breach of copyright laws?

Mona Lisa
Microsoft Windows Icons
The Steam (Valve) Logo
Rewrite a program (lets say calculator) and exactly copy the aesthetic look of another similar program (like the microsoft windows calculator)
Some random artist's published drawing

Or would I just be free to copy these things as I want, as long as all artworks were re-created imitations of the originals? Or is it more complicated than that?


texts: Who is liable if somebody takes a check written to them before the funds are in place to cover it?

texts: This is hypothetical. Suppose I write out a rent check to my landlord, but I don't give it to him. Instead, I leave it on my desk because I still have to deposit funds to cover the check. Unbeknownst to me, the landlord enters my apartment while I'm away, sees the check, assumes he should take it, attempts to cash it, and it bounces. Am I liable for writing a bad check? Is the landlord liable for theft?


texts: Can I use Creative Common remixes of original songs in my apps?

texts:
I am starting to develop an advent calendar ready for December. For this app, I want to have Christmas music.

In order to make sure  that I don't run into any copyright issues, I am using Creative Commons. Doing a search on there led me to this site. The main songs that I am a, interested in so far are We wish you a merry Xmas and Jingle Bells Bluegrass by Akashic Records. There may also be others I want later on.

Now, the question is, as these are remixes of original songs that are copyrighted, do I still have permissions to put the tracks in my app or would I still have to contact the original artist of the song first? If it makes a difference, this app will be free and not for profit.


texts: Irreconcilable differences between attorney and client?

texts: What type of irreconcilable differences might exist between an attorney and client to cause the attorney to withdraw from a divorce case?  Is this code language for not paying attorney fees or is it used for a wide range of possible attorney-client difficulties?


texts: Can a foreigner be charged for solicitation in another state?

texts: if a foreigner who doesn’t live in the states, paid for prostitute services in new york 1 year ago and wasn’t caught or anything like that but if for some reason, the police found out about it somehow.. The statute of limitations is 2 years in New York. And if the foreginer were to visit Hawaii in half a year from now or 1.5 years from the date of solicitation, can he be charged in Hawaii? It is a different state from New York but it is still within NY’s 2 years statute of limitation.. what do u think are the chances?


texts: Is it legal to drink alcohol in public in Penn Station, New York?

texts:
In the central concourse of Penn Station there are four or five deli counters advertising and selling draft beer. It is served in a large plastic cup with a straw. There is no place to sit in the deli so you must carry the drink out into the hallway, past the watchful eye of many NYPD, DHS, and even US Army personnel (because this is a large US transit station in the 21st century).

Yet there are also signs clearly stating the consumption of alcohol to be a violation of "NYC Admin Code 10-125". Is Penn Station some sort of Amsterdam-like decriminalization zone for draft beer?

I am mainly interested in the crowded central corridors. I did not discover the sign until recently as it is hidden in one of the dingy warren of corridors in the back of the station, which would not be a pleasant place to enjoy a beer anyway.


texts: What's the history of land zoning legislation, if any, before New York in 1916?

texts: When searching google for the history of zoning, it seems to always go to just the history of zoning in the United States. Is there any precedent for zoning prior to New York City?


texts: Why did the DA choose to prosecute the mother instead of the bully?

texts:
https://nypost.com/2017/11/28/mom-faces-jail-for-secretly-recording-daughters-bullies/

In this case, some kid bully another. I am not sure if bullying is a crime or not. It seems that some violence is involved. I think we have a crime for that, called battery or something.

Yet, despite the complain of the mom, nothing was done.

So the mom collect evidences for bullying.

And she got charged instead.

To me, the result is not "intuitive". To me, what should have happened is that the Mom shouldn't even bother doing the recording. She reports to school. School reports to cops. Cops do investigating and do the recording. We have evidence. The bully sent to jail. I think that "should have been" what happened. It's not.

It's as if the society as a whole "approve" and "promote" the bullying by making sure there is no way the bully faced justice. The cops don't get involved. And the only way to get evidence is criminalized.

If I were a DA, and say I want to get elected, I would throw the bully in jail. And if a bully is thrown in jail, then the "recording" event wouldn't have happened in the first place.

I understand that DA does not have obligation to prosecute any crime.  However, repeated battery seems like a reasonably obvious crime. If that's not crime, what is?

Now, usually, if people have a few legal options, they pick the one that's the most profitable.

What "profit" does DA have in prosecuting the mom instead of the bullies.

As someone beaten up when I was a kid, I am wondering about this for a long time. Why do society more interested in protecting something I perceive as more trivial, like recording, compared to something far more substantial, like beating.


texts: Are there any laws around viewing the messages of the members of a site you own?

texts:
If I build a website that has a messaging feature between users, what laws are there governing my behavior as the owner of the website?
That is to say, I am the sole moderator and database administrator. By default I can see everyone's messages to each other and am automatically privy to every private conversation.
This is a new position for me to be in. Are there any laws around this in the US or EU? I mean, it is my website, and I never promised that messages were encrypted or anything. I'm really unsure.
To an extent I feel this is important for me to be able to do, to prevent or mitigate harassment. But at the same time, idk.


texts: Can a tourist who incidentally photographs children, be forced to delete the image?

texts:
Here's a hypothetical:

A tourist is visiting a popular attraction and decides to take
photographs as a memento.
Some of the photographs incidentally have
other people in them including children.
A concerned mother comes
over to the tourist and demands that the photograph be deleted
immediately but is refused.
The mother calls the police.

Is any offence committed, and can the tourist be forced to delete the image?

I ask this because the media seemingly scaremongers everyone to believe that everyone is out to get their kids.


texts: Leash laws for service animals in New Jersey

texts:
I'm inquiring about the nature of leash laws for service animals in New Jersey.  I know that under federal and state law, service animals are required to be permitted to many places of public accommodation that "normal" pets would typically not be allowed.  I'm wondering what the law says about requiring (or not) service animals to be leashed in such places.

A specific case I'm wondering about: a lawn in an apartment complex.  Pets using the lawn are required to be on a leash (and this law is backed up by a local ordinance). Can service animals also be required to be on a leash?


texts: Modifying Open Source System Files to Cheat

texts:
I am asking this question primarily as a follow up to this question: Is creating and selling "cheats" or "hacks" for games illegal?

The consensus in that question seems that it is illegal to create derivative works from a particular copyrighted piece of software. However, with the rising popularity of Linux and open source software, proprietary game manufacturers are allowing their content to be run on open source systems.

It is universally accepted that I may modify a GPL program at will as long as if I distribute the modifications, I also distribute the changes to the source as well.

Now suppose I obtain a license to play a game in which I would like to cheat. I do not attempt to reverse engineer the game code or modify the program code directly. In fact my sole interaction with the game is running it consistent with the license. However, most programs rely on libraries. Most libraries such as libc or similar are open source. Could I modify the behavior of the function calls in such a way as to “cheat”? Would that be in compliance with the law?

What if I make modifications to the kernel or graphics drivers that prevent my graphics card from “properly” rendering the things on my screen? Is that a violation of the law?


texts: What are legal requirements for issuing Post Nominal Letters

texts:
I work with a company that wants to start a certificate program and issue its holders the right to use a series of post-nominal letters (Such as PhD - Not actually PhD, I use this as an example)

In the United States, is there any legal requirement for an organization to obtain before issue certificates and post-nominal letters?

The area of certification is not related to healthcare, education, military, etc. It is not a highly regulated area.


texts: Deadly force allowed during a forcible felony in Florida?

texts: You are at a stop light and see a person with a firearm run up to the car in front of you. They attempt to open the door and see a struggle begin as the door opens. You are absolutely sure this is a car jacking in progress. You happen to have your legal firearm with you. Are you allowed to use deadly force in order to stop the assailant?


texts: When will a passport be needed to go the UK from the EU?

texts:
When the UK was a member of the EU there was no need for a passport to visit the UK. It was enough with a ID card from your EU country or a driving license.

As brexit process is going on when are EU citizens meant to use their passports to visit the UK?


texts: GDPR: Can I collect non-personally identifiable information?

texts:
I'm creating a game that collects data in two ways: Unity Analytics for usage stats, and bug reports that sends me a report of an issue along with several files to help me diagnose the issue. However, GDPR is becoming a rather confusing problem for me.

The data collected with my bug reporter is:

A hashed unique device ID
A game save file
System specs
Settings configuration
A short in game video recording (only shows the game window - not the users desktop)

None of this is personally identifiable (I'm pretty sure) - I don't collect IPs, names, emails, gamer tags etc. As such, do I need permission from the user to collect this data? Would I still be GDPR compliant?


texts:
How do I write a condonation of delay petition on a land issue to Revenue divisional officer?

Is there any rule that only lawyer should write this condonation of delay petition?

If not please mention the format of the Condonation of delay petition for a Revenue divisional officer on issue related to Land.
Thank you


texts: Private renting: landlord asking me release the deposit early

texts:
I started privately renting a property in 2014. The first year was arranged through a letting agent, to whom I paid the deposit (£810) and fees directly. When I renewed the lease in 2015 the landlord asked me to renew directly with them, rather than going through the agent, which I did and have done every year since then. I recently renewed the lease again for a year.

The landlord contacted me yesterday asking me to get in touch with the letting agent to ask them to release the deposit to them so they can hold it under their own account. The deposit is held by a third party called the Deposit Protection Scheme. The landlord is asking that I release the money directly to them, which they will then deposit in the DPS themselves.

My questions are: can the landlord ask me to do this? And should they? Is there anyway I can protect myself in this instance?


texts: Can a registered user of a word mark which was registered as whole, break the word into parts and use it in the products sold?

texts: As the question says if a user of a particular wordmark breaks his word into 2 and uses it on goods sold(tm is engraved on goods) then can he seek protection in case of potential infringement.


texts: Can I drive with just a copy of a missing license?

texts: I have an Oklahoma CDL and I lost it at a truck stop in Oklahoma.  Can I still drive with just a photocopy of my driver license?


texts: Can a private company board of directors issue new shares?

texts: If so, wouldn't this be unfair against shareholders as this would devalue their shares and voting rights?


texts: Can a Delaware registered corporation do business in other states?

texts:
I think I am searching incorrectly to find this information, but I am having a hard time wrapping my head around forming a corporation in the state of Delaware (or any external state for that matter).

If I form a corporation in Delaware, can I then open up a retail store in another state?

If I form a corporation in Delaware, can I run an ecommerce website where employees work in a different state?

If I form a corporation in Delaware, can I start a distributorship and have my warehousing in other states?

From what I understand, the answer to all three of those questions is yes. Basically, I don't understand why that would be or why that would be allowed. Am I missing something here, or should I just accept that that is how it is.


texts: Under what circumstances may companies require consumers to agree to secret terms?

texts:
In some Wifi hotspots, especially by AT&T, new browsers are presented with a login page that requires users to indicate they agree to the terms of use.  The terms are hyperlinked, but clicking on the hyperlink results in an error that the user has not logged in to the network and cannot view the page with the terms until they agree to those terms and log in.

ISPs require that customers agree to pay an amount which includes "other taxes, fees, and charges which the ISP may change at any time, without notice," before they can find out what the total fees are (and even if they could be told, the ISP apparently could change their "other charges" at any time).

With DocuSign technology, when there are multiple signatories to a document, those earlier on the list of signatures (nominally as part of a group) are not allowed to see the terms, names, etc. applicable to later signatories; they must agree to those terms blindly.

Is there a general principle that applies to binding contracts in which the person signing the contract must do so without seeing its full terms? Under what conditions is this deemed commercially reasonable and/or legally binding?


texts: Hiring someone for one time event, employee or contractor?

texts:
If a person who would normally be classified as an employee is hired for a single one day event, would this allow classification as an independent contractor?

For example, say a company that does not normally do so, decides to host an event. They decide to pay someone to run the cash register where visitors can pay for entry.

Facts favoring Employee Classification:

The company controls when and where the employee will work.
There is no opportunity for profit or loss.
All equipment is provided by company (cash register and chair?)
The worker is performing a vital service to bring in revenue. (Maybe?)

Facts favoring Contractor Classification

It is not an ongoing business relationship.
The worker is not doing something normally associated with the business.

Does the fact this relationship exists for only one day qualify this person to be treated as an independent contractor?


texts: Can a service provider force a price increase?

texts:
My ISP has notified me that my Internet service package "will no longer be available" and that they will upgrade my service to a new package, at a higher price. When I signed up over 5 years ago, I signed a contract agreeing to a specific service at a specific price and I was locked-in for 24 months, lest I be charged a penalty for early breach of contract. I'm still using the same service although I am now free to leave without penalty.

Under EU consumer law (or Croatian law for that matter), can I demand that my original be grandfathered? Assume that I do not wish any change of service, and that I obviously do not wish to pay more for an upgrade I didn't ask for.

If possible, please provide relevant links or references.


texts: Limitations of software development & scraping

texts:
Many sites prohibit scraping of their content, which is understandable. But I do not clearly understand what approaches of data collection are considered to be scraping, or even allowed to be prohibited at all.

For instance, if my app has an embedded browser which allows a user to load up any website of their choice... and then push a button in my app which will extract all html content from that embedded page onto the user's machine, would this be my responsibility or theirs, to adhere to the site's Terms of Use?

Tools like Scrapy seem to be legal software since it's the users responsibility to follow Terms of Use, not Scrapy's. Note: I plan to sell my software eventually but will never have access to any "scraped" data by users, that's on their end.

My point is: My app contains generic algorithms and logic which are applied uniformly to whichever website the user has navigated to. The logic doesn't target any particular site or structure, but simply has built-in logic that can be used on any site. It's my understanding that it would be the end user's responsibility to ensure they don't use my app for a site which prohibits data collection at all. Is this a correct assumption?

I don't get how I can be prohibited to write generic algorithms that can be permitted on many sites, but prohibited on few. I'm open to reading articles, court cases, or any other related material you can throw at me.


texts: Is it illegal to link to a copyrighted file?

texts: Is it illegal to link to a copyrighted file, even if it was uploaded by the owner (with an publicly accessible URL (with a password in it) but with no intention to make file downloadable by anyone)?


texts: What does "severability" mean in the following context?

texts:
Parties A and B signed a contract governed by New York law. There were three "conditions precedent" for the contract to take place.None of these conditions precedent had been fulfilled on the signing date, but the contract gave the parties a customary seven days to "true" these conditions.
Seven days passed and the three conditions precedent remained unfulfilled. There is a "severability" clause in the contract. The text reads "If one or more provisions of this agreement is found unenforceable under applicable law, the balance of the agreement shall be interpreted as if such provision were excluded, and shall be enforceable in accordance with its terms."
Does the lack of fulfillment of the "conditions precedent" mean that there is no contract? Or does "severability" mean that the rest of the contract is enforceable even though the key terms and preconditions have not been met?


texts: Are there specific charges for personal injuries that were caused by deliberate public property damage?

texts:
I recently saw a video that shows several people destroying a statue in a public space. In the process of tearing it down, the bulk of the statue fell and struck a bystander in the head. It's clear that the injury was accidental, but the property damage was clearly deliberate.

Similar to felony murder (whereby additional charges can be brought against someone who has committed certain felonies that caused a death), are there laws that would add some sort of "felony assault" in addition to a charge of vandalism? Alternatively, are personal injuries simply relegated to civil court, where the victim sues the person responsible for the injury?

If local law makes a difference, I believe this was in Portsmouth, Virginia.


texts: Procedure for Trial if Defendant Does Not Have a Visa To Attend Trial?

texts:
I am interested in both civil and criminal cases. Suppose a defendant is charged with a crime or has a civil complaint is filed against that defendant. However, the defendant is granted bail or just issued a citation in the criminal case.

Suppose at that point the defendant’s visa is about to expire and needs to leave the country, but either there is not enough time to get a new visa or the US government refuses to issue a new visa.

How can the defendant clear their name in court in this situation? What is the proper course of action?


texts:
My questions arise from a scenario in Finnegans Wake by James Joyce, published in 1939, and pertain to Irish contraception and medical laws around or before 1939.
Contraception was illegal in Ireland from 1935 until 1980, when it was legalised with strong restrictions, later loosened. Owning and using contraceptive devices and pills was never prohibited, however, from 1935, it was illegal to sell or to import them.

In 1940 Ireland, could a man with a venereal disease obtain a condom legally?


texts: Why was Ryan Holle convicted based on supposedly knowing a crime?

texts:
In this question, someone asked if someone told you that he committed a crime, that doesn't mean that you know it's true.

Can anything be done when people admit to crimes through an online game?

  If you have knowledge of a serious crime then you can (and in some
  jurisdictions, are required) to report it to the police.

  However, you don't have such knowledge

  People say things that aren't true. They do this a lot on the
  internet. In fact, it was I who shot JFK: I did it 5 years before I
  was born which is a neat trick but not beyond the abilities of the
  mafia/Cuban/Russian syndicates I was working for, when they catch me I
  will tell them how it was done.

That's because he may lie. He may made stories up. Not just because someone told me he murdered someone means he really did.

In fact, many famous people, admit that they committed a crime. Obama admitted using ganja. Steve Jobs admitted using LSD. Why aren't they convicted? Because we don't know they really did it.

Someone told Ryan Holle they gonna rob somebody. Ryan thought it's a joke. Latter he lend his car. Why did the jury presume that Ryan knows that someone would rob a car simply because they said so? They could be joking.

Based on what I see, Ryan probably didn't know they gonna rob somebody. If he knew, he wouldn't lend the car. Why would he? Do they have agreement to split the spoils of robbery? He lend the car, not renting it. He gets nothing out of the robbery even if it's successful. Why would anyone risk long jail time lending a car if he knew there is a robbery.

Chance is he didn't know.

Why did people convict Ryan anyway?


texts: What charges would a driver face after an unrestrained child dies in a car crash?

texts:
Suppose a person was driving a car in Australia with an unrestrained child. An unavoidable crash occurs where there are no other vehicles involved, and the child dies as a result.

With what crimes would the driver likely be charged?


texts: How is child custody/visitation determined when there is no marriage?

texts:
A man and woman have a child in Pennsylvania. They are not married.

Before the child is born, they end their relationship. Each parent finds another partner and they live separately.

What are the options provided by Pennsylvania law regarding child custody and/or visitation rights? Obviously the best thing would be for the parents to work it out among themselves, but what would the law say if they cannot?


texts: Can a person be sued retroactively for copyright infringement?

texts:
Consider a blog on which the blog author displays images taken from internet sources. The author later learns about copyright implications of this.

If the blog author removes the images from the site, is it possible that a company or individual could sue the blog author retroactively for infringing the copyright of an image, assuming that they have archival evidence of its use? Is it likely?

I am interested in the UK law.


texts: Does ripping up the only signed contract form invalidate it?

texts:
Suppose I sign a contract in front of witnesses, but then immediately tear it up.

Is the contract still binding?


texts: Could I have my rotting corpse displayed in a long term art exhibit?

texts:
Would my family face significant legal restrictions in trying to fulfill my last wish?
My body would be on private property in Kentucky.


texts: I plan on making an intentionally fake news site - can I *copy* headlines from other sources?

texts:
First off: this is an experiment with AI - the content I create will state that it is fake and generated news - I'm not trying to mislead anyone!
So for my 'fake news' site I plan on copying headlines from news sites all over the web (using RSS feeds if that matters). Is this considered fair use? I have no issue with attributing where I get each headline (eg. A line below the headline saying something like 'source:www.bbc.co.uk'). I could generate the headlines myself, but I feel using real headlines adds an air of realism to the project.
If it matters, I don't expect to make any money from this, although there may be potential to make add revenue if it's a big success!


texts: Can the council make you cut down trees on your property?

texts:
There is an ongoing dispute between a property I own and the council, they claim that some 20ft conifer trees that are on my property is preventing light and causing dampness in their property, also they claim that the tenant has health issues and demand us to remove the trees. as far as trimming them to 12ft or so they will just become stumps so it’s either keep them or remove.

Within the past few weeks a family member has been taking control and organised them to be cut to prevent further dispute, the initial agreement with an agent is that is we remove them they will provide a fence, now they have been cut to stumps they say they will not unless the stumps are removed.

What rights do they have and I have?

This question is aimed at persons who know about UK Law.


texts: Can you get Discovery on an Austin TX traffic citation before requesting a trial / appearance?

texts:
In Austin, Texas, you are given several options for an alleged traffic speed violation, which, other than the Request Trial and the Pay options, include a Driving Safety course option, and a Deferred Disposition option, both of which must be selected prior to the appearance date on the citation (which appears to be within 4 weeks of the citation).

Would Discovery and Request for Information requests (would these have to be separate in Texas, or can they be a matter of a single request?) have to be entertained prior to entering a plea of not guilty (e.g., requesting a trial)?  Do they at all have to be satisfied prior to the 20-work-days date of appearance as per the citation?

E.g., is it at all possible to make a fully informed decision about which of the options to take on a citation (prior to the original 4-week appearance date), after having all the facts on the case, or is there no such legal rights at all?


texts: Does the vimium Chrome extension infringe on this patent?

texts:
So I saw this really cool google plugin called vimium, it allows users to press a mod key ("f") and then easily access any hyperlinks that are present on the current page by providing visible shortcuts (e.g., "A") as tooltips on the hyperlinks, and on pressing these shortcuts (e.g., "A") you can go to the hyperlink associated with "A". Microsoft has a similar feature in excel and word. And on researching a bit I found this patent.
Is what vimium is doing illegal? Can an idea like this even be patented? It's not a core technology, they are just trying to show shortcuts in a box. Can someone please explain what this link says, as I'm not sure if this idea is actually patented or just filed for a patent.


texts: Does USA contract work outside the USA for non-residents?

texts:
I work as a software engineer (independent contractor) in Ukraine. Outsourcing companies here often provide two contracts to sign: one is a legal local contract with Ukrainian company and another one is USA contract (which is written in English and therefore has no legal force in Ukraine).

So the question is, is there at least any purpose of such contracts? Can I break the rules stated in these contracts with impunity given that currently I'm not a US citizen, or will it affect me in some way in the future?

Update: Page sample


texts: Incident with another cyclist, repair costs too expensive

texts:
Past week I had a bike incident with another cyclist. The rider in front of me slowed down and when I looked back to confirm no one was behind, he stopped and I hit him. Totally my fault, and no one get hurt. Typical mistake.

I gave my phone number to the other person and ask him if he wants to go to a bike shop at the moment but he refuse because it was late for him. Anyway, he contact me the day after asking for 370 euros for the repairs. I consider this amount of money ridiculous since the damage is only in the gear drive that is twisted (not broken).

At the moment I had some shots of the damage and a video of the person riding after with no problem apparently.

My question is if I should ask the person to take the bike to a shop repair that I trust and get a new budget for this? Or even buy the parts and install it by myself.

This is in Spain and I am not covered by insurance for this incident.

The person is very reluctant to detail the repairing. I told that I accept the costs and the repair shop but I need a detailed invoice. Somehow the pictures I took are helpful to clarify how damaged it was.

This was between two Bicycles. As additional info, we were not riding together.


texts: Legal status of "no copyright infringement intended"

texts:
Occasionally on the internet you see people posting things with the phrase "no copyright infringement intended". (I've seen this most frequently on YouTube videos, but I've also seen it after quotes by some people here on StackExchange.)

Is there any legal basis for attaching this disclaimer to posts on the internet? -- If not in changing whether or not the posting is infringing, then perhaps in changing the severity? (e.g. "willful infringement" versus inadvertent infringement)

Jurisdiction is primarily the United States, as that's where most major English-language websites are based, but as this is an "on the internet" question, if there are jurisdictions where the answer is substantially different than that for the United States, that information would also be welcome.


texts: What is the official Schedule of Basic Child-Support Obligations for Alabama?

texts: I've looked online for a table of what child support would be in Alabama.  All I can find is this: Schedule of Basic Child-Support Obligations for the State of Alabama. Is there a more recent version than 2007?


texts: Argument on possible defamation after court acquittal

texts:
I have been discussing some reporting of a high-profile trial with some colleagues.

We disagree on one point.

Background: High-profile figure acquitted by a Scottish court of a number of sexual assault charges of varying degrees of seriousness.

The trial hears evidence that the accused was guilty of some inappropriate behaviour, acknowledged by defence council.

One comment in an article, overwhelmingly hostile to the accused and with numerous comments where the writer appears to imply that the process was unfair, is as follows:

“The attempted rape charge was dismissed along with all the others, but the broader sentiment was endorsed.”

Is the above statement potentially defamatory?

None of us are legal experts but this may form part of a seminar for media students at some point.


texts: What are the prerequisites for a group to be considered a protected class?

texts: Googling and looking online at fair house law and so forth have not yielded any information on the conditions needed to be met for a group to be protected under fair house and considered a protected class.


texts: Disclosing records no longer maintained, FERPA

texts: Are professors able to discuss a student’s academic misconduct with others after the disciplinary file is no longer maintained after a set amount of years after the student has graduated? Even if the original academic records (eg. plagiarized exams) are still ‘maintained’ by the professor?


texts: If raw data is made available for non-commercial use, am I allowed to seek profit from the use of statistics I gather using the data?

texts:
The CHP has a traffic database filled with raw data that is for "personal, non-commercial use". Here's the database: database

What I want to do is use this data to compile some statistics, the use of which I intend to profit from. Is this legal under the TOS & relevant law?


texts: Why would contractual damages be superior to returning defective items?

texts:
Mindy Chen-Wishart. Contract Law (2018 6 edn). Scanned p 225.

Where the claimant refuses to continue with the contract, the court must decide whether this amounts to rescission (limiting her to reliance damages) or termination (preserving her right to expectation damages).

Since the threshold for termination is very high (it is only available for ‘serious’ breaches (12.2.2)), a claimant may find that she has unwittingly rescinded the contract (eg by returning defective items), thereby extinguishing her right to potentially superior contractual damages.

I don't understand 2. Why would returning defective items be worth less than contract damages?


texts: tort law - loss of employment after psychiatric injury

texts:
X suffered psychiatric injury by the negligence of Y.
X remains sick a year after wards and jobless as well.

Is Y liable for psychiatric injury only (assuming he is negligent) or is he liable for X's future employment-loss as well?
Jurisdiction is England.


texts:
Owner's acceptance of rent with knowledge of any default by resident
  or waiver by owner of any breach of any term of this agreement shall
  not constitute a waiver of subsequent breaches. Failure to require
  compliance or to exercise any right shall not be constituted as a
  waiver by owner of said term, condition, and/or right, and shall not
  affect the validity or enforceability of any provision of this
  agreement.

This is a no waiver clause in my lease.  My question is my boyfriend and I split up. Lease in both of our names. I haven't resided there since July 18 but he stayed. He wanted to break the lease and didn't pay September rent so she filsd for possession of the property. We had court this morning and he is to be out by next Monday. However, she is still making us both responsible for all damages and rent owed (I understand that, my name is on the lease)   My question is her reasoning for filing for possession of the property is sub-letting. I guess he had a roommate move in. It clearly states in the lease that that is not allowed, however, we both have text messages from her confirming that the "roommate Marcus" (her exact words) answered the door and she spoke with him. This took place in July. She also stated in front of the judge today that at her inspection on July 18 she saw two people moving things in.  Since she accepted august rent and knew of these thing in July but didn't pursue does that make our lease void? Just want to file a counter suit to dismiss but wanted to know if that's what this means  thanks!


texts: So let's say that you were detained by the TSA on your way out of the US. They demand your phone password and you give it too them. Now when they attempt to plug your phone, you phone breaks their computer (either by accident or on purpose). Would the TSA be able of charging you for anything and would they be able to inflict any repercussions on you (except for detaining you for longer)?


texts: If you escaped from prison for a crime you did not commit, would you still serve the increased sentence once exonerated?

texts: For example: you were convicted of murder and escaped and were then sentenced to years on top of your original sentence, but you were later exonerated of the crime of murder; would you still have to serve the sentence for escaping? Even though you shouldn't have been there in the first place?


texts:
Sean Spicer is currently under fire for a claim of his that Hitler didn't use chemical weapons. According to politifact this is not just false, but "Pants on Fire".

Politifact quotes part of the definition of chemical weapons from the Organization for the Prohibition of Chemical Weapons:

  "Chemical Weapons" means the following, together or separately:

  (a) Toxic chemicals and their precursors, except where intended for purposes not prohibited under this Convention, as long as the
  types and quantities are consistent with such purposes;

  (b) Munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals
  specified in subparagraph (a), which would be released as a result of
  the employment of such munitions and devices;

  (c) Any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in
  subparagraph (b).

  ...

  "Purposes Not Prohibited Under this Convention" means:

  (a) Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes;

  (b) Protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical
  weapons;

  (c) Military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of
  chemicals as a method of warfare;

  (d) Law enforcement including domestic riot control purposes.

They state that from this definition that Hitler did in fact use chemical weapons.

My question is: According to this definition, are the gas chambers used by Hitler chemical weapons and, does the lethal injection currently in use also qualify as a chemical weapon?


texts: Am I legally obligated to return a lost iPhone I found?

texts:
The other day while biking, I found an iPhone laying on the side of the road. I picked it up, and brought it home with me. I didn't think of it much at the time because I had work to do, and I had to charge it anyway.

By the time I turned on the phone (the next day), it displayed a phone number to call to return it, along with a not-so-subtle threat that they would call the police on me if I did not, saying that my location was pinned.

I was happy to return the phone (it was always my goal), but their threat piqued my interest. Am I legally obligated to return this phone, and if the police were called, would they have had power to take it from me?

For a bit more context, I live on the second floor of an apartment building, so even if they had my location, they wouldn't be able to prove it was in my apartment versus the one below it (if it matters at all).


texts:
A community has a row of mailboxes, as opposed to a mailbox at each address. This is common in the rural USA. Since the covid-19 pandemic, people occasionally drive by and steal the mail.
Several homeowners have since gotten locking mailboxes, and one considered putting up a  webcam at the site as a deterrent. What's the law here?


texts: What US state was this purchase made in?

texts:
I wish to file a claim in a class action settlement in the US. However, eligibility is dependent on what state you made a purchase "in" (the purchase being an item from an internet app).
If I am a legal resident of state A (and was physically in state A when I made the purchase), but the credit card I used to make the purchase has a billing address in state B, what state was the purchase made in? The company who runs the app is located in a third state, C.
I know billing addresses are used by businesses to determine who they may sell state-restricted goods to. Does the billing address have the same weight here?
Edit: The purchase was a subscription, no physical goods were shipped anywhere.


texts: Is it legal to copy information from a website with attribution?

texts: I was thinking of starting a website that provides price listings of certain online in-game products (items which can be used within a game that must be purchased using real money). I was planning to get the price listings from two different sites that display this information and was going to mention that the information was obtained from those sites. Is this legal?


texts: Have the "alternate elelectors" committed a crime?

texts:
Trying to vote in an election without a legal right to do so is a crime.  One person in the 2020 US Presidential election was caught trying to use his dead mother's vote, and now faces up to 19 years in prison.  In another question on this forum I learned about Rosa Maria Ortega, a resident alien who voted illegally, and got an 8 year sentence, plus possible deportation.
In several States various self-appointed group of people have declared themselves to be "alternate electors."  They have tried to cast Electoral College votes for Trump, which they sent to Congress for counting on Jan 6th.
Have they actually committed a crime under Election law?
Would this count as Sedition?
Is it likely they will be prosecuted?


texts: Will police arrest the perpetrator if the victim doesn't care about the crime?

texts:
Say someone steals from a store. This is recorded and reported by an employee, but the owner doesn't care.
Will police only arrest the perpetrator if the victim cares? Is it necessary for the victim to care about being a victim?


texts:
As I was reading the story below, I thought I must be reading The Onion, only to later see that it's The Guardian instead.
http://www.theguardian.com/us-news/2015/oct/13/woman-nephew-broken-wrist-hug-lawsuit-no-damages

A woman who sued her 12-year-old nephew over a birthday hug that left her with a broken wrist has been awarded zero damages by a Connecticut jury.
... “I remember him shouting, ‘Auntie Jen, I love you!’ and there he was flying at me,” Connell is quoted as saying in court.
The aunt, who was seeking $127,000 in damages, told the court that she had found it “difficult to hold my hors d’oeuvre plate” at a recent party.

Several questions come to mind:

Is this possible only in America, or can you sue minors for these sort of things in any other country, too?

Can the 12-year-old nephew file a counter action for emotional distress, especially now that he was declared not liable?


texts: Okay this is somewhat complicated to explain. Long story short I'm divorced. My ex-wife had kids from previous marriage. Both her and the kids' dad reside at the same address. They've both encouraged me to stay involved and write to the kids which I have.  Now my ex-wife doesn't want me to do so anymore but the kids' dad is fine with me doing so.......So I sent a letter specifically addressed to the kids' father and the kids and she told me she took it and threw it away......What do I do in this situation.


texts: If you agree to appoint a valuer but then don't, why aren't you liable?

texts:
In example 1, Becky must appoint an independent valuer. In example 2, the "mechanism failed" because Becky has not.

So isn't Becky liable for failing to appoint a valuer?
Why "May & Butcher ought to apply and the contract would be void"?

Poole, Shaw-Mellors. Contract Law Concentrate (4 ed 2019). p 32.

  Practical example [1]

  Alex agrees to sell his bicycle to Becky, price to be determined by independent valuers, one to be
  appointed by each of the parties. The terms are agreed as ‘those usually operating in the sale of bicycles’.

p. 33

  Incomplete agreements

  The agreement may leave an essential matter (such as price) either undecided or impossible
  to calculate so that the courts will not enforce that agreement.

  When the price is missing

  If there is no mechanism in the contract for fixing the price (i.e. nothing is said about the
  price), then statute may provide for a ‘reasonable price’.
        Section 8(1) of the Sale of Goods Act (SGA) 1979 provides that, in a contract of sale, the
  contract may fix the price for goods or provide a mechanism for fixing the price. Where, however,
  there is no such mechanism, the buyer must pay a reasonable price: s. 8(2). Similarly,
  with contracts for services, s. 15 of the Supply of Goods and Services Act (SGSA) 1982 states
  that where there is no mechanism for fixing the charge for a service, a reasonable charge is
  payable (B2B contract) and s. 51 of the Consumer Rights Act (CRA) 2015 contains a similar
  provision requiring a reasonable price to be paid for a service in B2C contracts. Section 8
  SGA also extends to cover contracts of sale in the B2C context—there being (unlike with
  contracts for services) no corresponding provision in the CRA.
        However, if there is a mechanism for fixing the price but it has not been implemented, s. 8
  SGA, s. 15 SGSA, and s. 51 CRA cannot apply to allow the implication of a reasonable price.

    May & Butcher Ltd v R (1934) (HL)

    FACTS: The contract provided for the price to be agreed upon by the parties from time to time. There
    was no party agreement.

    HELD: The contract contained a mechanism for fixing the price but this had failed. Therefore, the
    argument that the agreement should be construed as an agreement to sell at a fair or reasonable
    price was rejected.

  Practical example [2]

  The agreement between Alex and Becky provides a mechanism for fixing the price. If that has worked
  and there is an agreed price, then the terms are certain.
  But what if Alex has appointed a valuer but Becky has not and is instead claiming that a ‘reasonable
  price’ should apply? Technically the mechanism has failed, May & Butcher ought to apply and
  the contract would be void.


texts: Do people generally have the right not to be photographed on private property?

texts:
Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities.

If I wish to take photographs of something on the property and I inadvertently include other people in the photograph, what are my legal rights and responsibilities with regard to the photos?

Am I required to cease taking photographs at their request?
Assume this is in Australia; New south Wales, specifically, but I am interested in answers for other states also.

Re: the possible duplicate - this is concerned with an individual's specific request not to be photographed, where no such assertion is made in the suggested duplicate.


texts: Canada–United States Boundary Commission – Treaty of 1925

texts:
The International Boundary Commission, which maintains the three-meter-(almost 20-foot)-wide "boundary vista" along the border, claims authority to grant or deny permission to build anything within the vista. That means, for example, if a natural gas pipeline, a highway, an electric power line, a railroad track, etc. is to cross the boundary, those who want to build it must apply to the Commission for permission. Or monuments like that found in the International Peace Garden on the boundary between Manitoba and North Dakota or one on the boundary between British Columbia and Washington.

I understood this to have been agreed in this treaty signed in 1925.

Looking over the treaty, I'm trying to find the part that says the Commission has that authority described in my first paragraph above. I don't find it very explicit, but I'm not a lawyer. I did find this:

  the Commissioners appointed under the provisions of the Treaty of April 11, 1908, are hereby jointly empowered and directed: to inspect the various sections of the boundary line between the Dominion of Canada and the United States and between the Dominion of Canada and Alaska at such times as they shall deem necessary; to repair all damaged monuments and buoys; to relocate and rebuild monument's which have been destroyed; to keep the boundary vistas open; to move boundary monuments to new sites and establish such additional monuments and buoys as they shall deem desirable; to maintain at all times an effective boundary line[ . . . ]

Note the words "to keep the boundary vistas open". Is that it? Or is there something else about the authority to grant or deny permission to build close to the boundary? (I had expected to find something along the lines of "The Commission shall have authority to permit or prohibit building within the boundary vista.")


texts: Is it illegal to infringe copyright if your boss or your client ordered you to do it?

texts:
The first possible scenario is this: suppose you work in a company, and you need to install some software for a client. The software needs to be purchased, but the boss tells you to just download it for free illegally (infringing copyright). You tell your boss that of course that's illegal and it's not the best way to do the job, but they tell you: "I know, but who cares, just download it for free". If you did it, who would be responsible for the illegal download in this situation? If you are responsible, how should you deal with such a situation?

The second possible scenario is this: suppose you are a freelance software developer, and your client asks you to install a thing for them. They give you a link to an unofficial website where you can download the stuff for free (illegally). You tell them it's illegal, and the stuff should be purchased. They tell you: "Who cares, I'm not going to spend any money for purchasing it, your job is just to do exactly what I've told you, that is, just install it, and that's it". Again who would be responsible and how should you deal with this situation? Of course here there's always the option to not accept the job since you are a freelancer, but I also wonder if there are other options in theory. For example, maybe the client could download the software illegally themself, and then only give it to you for the installation?

Location of the scenarios: United States and European Union.


texts: Is it legal to use self-defense against police brutality?

texts: Is it self defense if a police officer were assaulting; let’s say my uncle, and punch or push away the officer to stop him from hurting my uncle would that be legal?


texts: Are legislative arguments and position papers usable as evidence for legal interpretation and legal intent?

texts:
When a law is passed there are usually public deliberations over the law and drafts of the law are sometimes accompanied by legislative position papers explaining the intent and purpose of the law. Most famous of these, of course, are the Federalist Papers, especially those written by James Madison which in some cases explain the intent and purpose of the various provisions of the Constitution of the United States.
Are such legislative documents and papers admissible in court as evidence for the interpretation of the law? In other words, is legislative intent respected in US legal theory and court practice?


texts: Registering a model of an existing item as a protected design in UK

texts:
The UK maintains a database of "registered designs", and by registering your design  here (in my basic understanding) this affords some degree of legal protection against others copying your design, or making a similar design.

In this case however (https://www.registered-design.service.gov.uk/find/6043482), someone has registered a design that's a model of a locomotive. Since the design is deliberately a rather faithful, scaled down copy of the original, what implications does this have if I, or someone else wanted to make a model of this same locomotive? It would, by definition, have to be incredibly similar to the design shown, maybe even identical in many aspects. Certainly an average member of the public wouldn't likely be able to tell the difference.

Does this mean that I'm effectively barred from making a model of this same locomotive (which seems ludicrous), or would the circumstances here mean that the registered design is invalid?


texts: Can I invalidate a settlement agreement if the plaintiff has since demonstrated a pattern of frivolous lawsuits?

texts:
Some time ago, I was served a frivolous, extortionary lawsuit. The complaint included a number of false claims.   I went to a lawyer, who told me that while I could fight this and probably win, my best option was just to pay them some money and move on with my life.  I was furious, naturally,  and insisted in multiple conversations with my lawyer that these guys were fraudsters,  but my lawyer (who didn't seem to believe me)  kept telling me "Nah, this is in good faith,  just pay up and settle and move on."  So I did.   Some time later, I hear that these people who sued me are in trouble for, you guessed it, filing a bunch of baseless and frivolous lawsuits in order to extort things from people.  So now this is out in the open.   Meanwhile, I'm still out over $20,000, following my attorneys advice.

I would like to know if it is, in general, possible to throw out a settlement agreement in the situation that the plaintiff has since demonstrated a consistent pattern of abusing the court system.   There's a non-disparagement part that I would like lifted, and then there's all the money I lost that I would like back.

More specifically, if I were to pursue this, what sort of lawyer should I talk to?  I apparently picked the wrong lawyer last time, and I'm not interested in contacting the attorney who negotiated this horrible deal for me, ignoring a number of red flags.


texts: Is there a law in the U.S. requiring forum owners to log IP addresses of anonymous posts?

texts:
First let me specify that this question is about U.S. law. My mentions of EU law are just to put everything into perspective.

I was reading that 4chan is required by law to log IP.

"As required by law, even communities such as 4chan do require the logging of IP addresses of such anonymous posters".

source: https://en.wikipedia.org/wiki/Anonymous_post

Does anyone know why? Is it because the posts are made by anonymous users?

My problem is this. My forum is visited by people from EU as well, and according to upcoming EU regulations, EU is increasingly pressuring it's controllers (like forum owners) to anonymize personal data (because if you don't = good luck to you), so that's what I'm trying to do right now regardless of the varying opinions on the matter, but on the other hand, I'm afraid that laws in the US will require me to store full IP once my users are anonymous which would inevitably defeat the purpose, unless such law (if truly existent) would allow me to store truncated IP addresses?

I've searched the web for hours trying to find any info on this, but nothing suggests that there is any such law. Could it be that Wikipedia is simply wrong?


texts: Trade Fixtures: Is this paragraph of my lease agreement forfeiting to my landlord everything I screw to the walls?

texts:
I read up on trade fixtures. They are an exception to fixtures, and generally remain the property of the lessee despite being attached to the building. It looks like this rental agreement is trying to reverse that exception.

Here's the relevant paragraph. Emphasis added by me.

  TRADE FIXTURES, INSTALLATION AND REMOVAL: WITH THE WRITTEN CONSENT AND APPROVAL OF THE LESSOR, LESSEE AT LESSEE SOLE COST AND EXPENSE MAY INSTALL IN THE LEASED PREMISES SUCH FURNITURE, EQUIPMENT AND TRADE FIXTURES, AS LESSEE DEEM NECESSARY FOR THEIR BUSINESS. ALL TRADE FIXTURES OR EQUIPMENT WHICH ARE AFFIXED (AFFIXED IS DEFINED TO MEAN ANYTHING WHICH IS SCREWED, GLUED OR BOLTED TO, IN OR ON THE INTERIOR OR EXTERIOR OF THE BUILDING) TO AND INTEGRATED INTO THE LEASED PREMISES SHALL BECOME THE PROPERTY OF THE LESSOR. THE LESSEE WILL BE FULLY RESPONSIBLE FOR THE REPAIR, MAINTENANCE, STORAGE AND REPLACEMENT, IF NECESSARY FOR ALL OF THE FIXTURES ON THE PREMISES, INCLUDING THE PROPERTY OF THE LESSORS WHICH THE LESSEE MAY BE USING, INCLUDING REFRIGERATION UNITS, FANS, ELECTRICAL ITEMS ANY OTHER ITEMS WHICH ARE OR MAY BECOME THE PROPERTY OF THE LESSOR. (SEE ATTACHMENTS NUMBERS 1 AND 2 OF THE INVENTORY LIST OF ITEMS WHICH ARE ACKNOWLEDGED BY LESSOR AND LESSEE TO BE OWNED BY THE LESSOR. SUCH ITEMS MAY BE MOVEABLE OR INTEGRATED AND AFFIXED AND OR BE AFFIXED TO THE LEASED PREMISES, ALSO INCLUDED ARE THE ITEMS WHICH ARE RENTED FROM THE LESSOR BY THE LESSEE. ALL OTHER TRADE FIXTURES OR EQUIPMENT MAY BE REMOVED FROM THE LEASED PREMISES AT ANYTIME DURING THE TERM OF THIS LEASE, PROVIDED THAT THE LESSEE ARE NOT IN DEFAULT AND FURTHER PROVIDED THAT NO INJURY SHALL BE DONE TO THE STRUCTURAL STRENGTH OF THE BUILDING AND THAT THE BUILDING BE RESTORED SUBSTANTIALLY TO ITS ORIGINAL CONDITION. IN THE EVENT OF DEFAULT BY THE LESSEE, OR IF ANY SUCH FURNITURE, EQUIPMENT OR TRADE FIXTURES ARE NOT REMOVED FROM SAID PREMISES BY THE LESSEE PRIOR TO THE EXPIRATION OR SOONER TERMINATION OF THE LEASE, THE SAME SHALL BECOME THE PROPERTY OF THE LESSOR.

The latter emphasised clause seems to me to ambiguously mean two very different things:

As long as we get the trade fixtures out before the lease is over they remain ours (or technically become our property again?).
In combination with the first emphasised clause it sounds like once we screw something to the wall it belongs to the landlord, who can then come in at any time and remove it.

The latter scenario sounds a bit bogeyman to me, but I really like to know what I'm signing.

EDIT 2016-08-02: This is a commercial lease for a small storefront. We're hoping to put in a divider wall, a counter, and some shelving, all bolted to the walls, and we don't want to forfeit it all later if we need to move out. The realtor has since added this paragraph, and we have signed.

  LESSEE MAY INSTALL DECORATIVE WALL PANELS, SHELVING, CABINETS IN A WORKMANLIKE MANNER WITH LESSOR’S APPROVAL. AFFOREMENTIONED ITEMS SHALL REMAIN THE PERSONAL PROPERTY OF LESSEE AND CAN BE TAKEN WITH LESSEE UPON VACATING THE SPACE. LESSEE SHALL BE RESPONSIBLE FOR RESTORATION OF PROPERTY TO ITS ORIGINAL CONDITION AND ANY ASSOCIATED COSTS UPON REMOVAL OF SAID PERSONAL PROPERTY.


texts: I'm trying to find out if the city of Oklahoma has the right to tow my car out of my drive way  even if it's not in running condition


texts: How can universities legally discriminate against a sex when filling dorms?

texts:
Landlords are not allowed to discrimate against a sex when renting to tenants as this is one of the protected classes.

How do universities get away with discriminating against a sex when filling dorms though? Public universities declare a specific dorm 'all male' or 'all female'.


texts: What is the legal effect of a successful "as applied" challenge?  Does it cancel out the whole law or just create new enforcement guidelines which suggest that the applied conduct should not be punished?


texts: Is it legal for a company to make more than one copyright claim on the same content?

texts: I have had a video copyright claimed by a company, which I then submitted a counterclaim for and had the video reinstated. Since then I have had numerous claims from the same company and have had to make the exact same counterclaim to reinstate the video. With the verdict having been previously reached (that the video is not a violation of copyright law) is it legal for a company to make that same claim again?


texts: Isn't "upskirting" illegal in the UK? Why?

texts: According to this article https://www.theguardian.com/uk-news/video/2018/jun/15/upskirting-happened-to-me-and-now-im-changing-the-law-video "upskirting" is not illegal in the UK. That sounds unbelievable in my ears. Can someone confirm this claim? Also, why isn't this considered sexual assault or something like that? Taking of someone's clothes in a sexual way, without the camera, must be a crime, mustn't it? So why is it not a crime to take a photo of the "act"?


texts: Is the following considered ethical or acceptable behavior for a law firm?

texts:
plaintiff commences litigation. This could require up to three proceedings, call them A, B, and C, that are customarily run in sequence, that is, one after another. That is, if plaintiff wins A, there is no need to pursue B, and if the plaintiff loses both A and B, there is no point in pursuing C.

A judge in jurisdiction Y disclaims jurisdiction, citing jurisdiction X's priority. So the law firm appeals in jurisdiction Y. Meanwhile a judge in jurisdiction X advises plaintiff not to proceed with the underlying case, until he decides whether or not the defendant has the "standing" to be sued in its jurisdiction.

The law firm runs all three proceedings simultaneously (the appeal in jurisdiction Y, the standing case in jurisdiction X, and the underlying case in jurisdiction X). The effect is that it is collecting all three sets of fees, when the judges have advised the plaintiff to proceed with one proceeding at a time. Is this considered ethical or acceptable behavior? Is there anything the client can do to discourage this?


texts: The role of fingerprints in criminal investigations

texts:
We've seen how important fingerprints are in Hollywood crime movies. But what about in real life? I mean objects could've been touched by ten people before and after the criminal. Additionally, many objects are handled not only with fingers, but also robbed with palms of hands. Doesn't it erase the fingerprints history of an object?

Please: If this is not the right section for the question, tell me where should I ask this question.


texts: Violating a country's law outside that country

texts: Assuming that a reporter from country B called Bob has somehow got a video from country A. He then puts in on a news page that is open to the whole world. Later, A citizen called Cob from Country C watches the video. There is a warning sign and a message in the video but it is written in Country A's language and Cob  doesn't understand. What consequences would Bob and Cob have? (Bob and Cob don't know each other, it is unknown if Bob understands or has read the warning. But it is known that countries B and C might have similar laws related to the warning)


texts: Is it legal to wheel lock someone's vehicle if they have something that belongs to you?

texts: I hired someone to refinish a piece of furniture.  He took the piece, sent pictures of the progress as he worked on it.  I communicated to him several times as to the status and he has not responded to me, nothing, zip, zilch, nada.  I was thinking of wheel locking his vehicle until he returns my furniture.  At this point I do not care if it is unfinished and will gladly pay for his labor to date.  Would it be legal to do so?


texts: Summary Proceeding in New Zealand - Denying liability but not requesting a hearing

texts:
I have been accused of a minor offense, and the process that applies is the Summary Proceeding Act 1957, Section 21.

I have been served notice, and have denied liability for the defense.  (I have denied it more then one time, and in unambiguous terms.

The informant is insisting that I either Request a hearing, admit liability and provide a submission or pay the infringement fee.  I do not intend to admit liability, nor pay them anything unless the matter has gone before the court.

I object to having to ask for a hearing and would prefer not to do this - but this would still be preferable to acquiescing and paying the fine.  I am not adverse to appearing in court to defend myself.

I am having some difficulty working through Section 21 of Summary Proceedings Act.   By my - possibly incorrect - reading, the act is silent on what happens if I simply deny liability but to not ask for a hearing.

The informant is claiming that if I do not request a hearing or pay the fine by a certain date, the notice will be referred to the court for collection.

Question - If I unambiguously deny liability but do not ask for a hearing can the informant refer the mater to the district court for unpaid fines without a hearing having taken place?


texts: Sell parcel to beneficiary of deed of trust

texts:
In California, suppose the Beneficiary of a Deed of Trust wants to buy the parcel from the Trustor, but the Trustor still owes some money.

What deeds would get recorded to make this happen? My instinct is that there would first be a Full Reconveyance, then a Grant Deed. Is this correct? Does the order in which those instruments are recorded matter, and if so, how?

I'm interested in learning both about standard practice for escrow officers, and about general legal theory.


texts: Can legal actions be taken against an app developer if his/her app fails due to technical faults?

texts: For example, a developer has developed an app that shares the location of the user to the saved contacts during an emergency on the press of a button. But the app may fail to work due to network problems or any other issue. Can the app developer be held liable for this and can actions be taken against him/her? If yes, then what is the solution for the developer?


texts: Condo seller failed to disclose water damage which caused toxic mold that made family sick.

texts: I bought a condo July '16 from out of state and could not be here for the inspection although my realtor was. In the disclosure statement the seller checked 'no' regarding moisture problems or water damage, and then checked 'yes' that the plumbing and water heater are in good working order.  The inspection report photo shows that she cleaned up the heater (it's 19 yrs old), painted spots on walls, and covered floor with clutter. Since moving in, I found that she had covered obvious signs of water damage and leaks. Now, my child, my puppy, and myself are all dealing with toxic mold sickness and the lengthy process of remediation/restoration. I'm a disabled Veteran with health issues and the toxins hit me hardest. Is there a statute of limitations? Do I have a case?


texts:
Recently I read this article with the following quote:

  But Hungary acted this week to stop the huge flow of people, sealing off its border with Serbia with a razor-wire fence and making it a crime to enter the country illegally.

I'm wondering why it was not a crime previously to cross the borders illegally. If this was not a crime, doesn't this made crossing the borders illegally an "empty box"?


texts: Where is the bright line for practicing law?

texts:
I would like to understand if a CAM interpreting HOA bylaws & lawyer's opiniom, then executing their decision is the  practice of law

BACKGROUND

A Florida HOA homeowners contest a CAM's interpretation of the bylaw.  They indicate the interpretation and the execution is in conflict with the bylaws, which adversely affects the owner's insurance award.  The CAM documented that a quorum of the board would decide the matter.

Requests for the CAM to provide any support that the board (as a quorum) decided the issue have been unanswered.  That being said there is 3-day window between the forwarded attorney opinion and the execution of the decision.  No board meeting was held during the window.

QUESTIONS

Is there a bright line / contours as to what constitutes practicing law?
What are the elements ('litmus tests') to recognize practicing law

Answers supported by case law or equivalent support will be held in highest regard.  Thank you


texts: Is an infringement of copyright use fan-made movie subtitles as a reference to do official subtitles?

texts: I am a translator who has been assigned the task of making the official subtitles of a movie. I have seen that the film has numerous fan-created subtitles uploaded to the Internet. I would like to know if it is legal to take these sources as a reference for an official translation and to know where the limit is if it were the case that I make a copy & paste of a specific phrase.


texts: Is answering a question you are not sure about under oath perjury?

texts:
Suppose I struggle to see at night, but was witness to a crime that took place  and have been asked to give testimony. At the stand, I am asked whether I saw the defendant committing the crime, and although I am rather confident I did, I am not sure because the crime took place at night. However, instead of simply saying that, I say 'yes'.

Assuming no one asks me at any point whether I have poor eyesight, have I committed perjury by not explicitly saying that I am not sure?

I admit that this is a bit of a silly example, but it's the first thing that came to mind and sort of demonstrates the point.

So to restate the question:

Is answering a question with a yes or no perjury if you are not sure of your answer? Would that be considered not telling "the whole truth"?


texts: What qualifications does a registered Copyright Agent need?

texts: I'm considering appointing somebody to be a registered Copyright Agent with the US government. What qualifications do they need? Do they need to be a lawyer or something?


texts: Pictures vs 3D Models - What's the difference?

texts:
If you want to make a video game that contains real world products, you generally need to obtain permission from the company that makes that product to include it in your game.

For example, if you want to include real world cars in your racing video game, you need permission from whoever manufactures it.

In contrast, if you're writing a news article, you can use images of that car without having to talk with the manufacturer.

If I took hundreds of pictures of a car from every angle and stitched them all together with some software, I could make some kind of pseudo 3D experience where I can view the car from any angle I want (kind of like how Google Maps Street View works - they stitch together a lot of 2D images to create a pseudo 3D experience).

I think stitching those hundreds of pictures together is legal without permission (why wouldn't it be?) so my question is: what is the difference between including the model in the game or just having that pseudo 3D experience? What is the defining line that says one requires permission while the other doesn't?

(Ultimately my goal is to write a program which allows you to see what different paint jobs would look like on real cars. My concern is whether this would be more like the video game, and so require permission from the manufacturer, or if it's more like the news article, and so it doesn't.)


texts:
Neighbours have an issue about their adjoining land parcels and have verbally agreed to sort it out in a certain way. One of them wants to make sure that the other is aware of the consequences and does not later ask to revert the agreed state of things.
What sort of paper do they need to sign, if any, to have the agreement binding? Deed of undertaking? Do the signatures need to be witnessed?
Example: Bob's land is uphill Rob's. Bob has done some earth moving which has changed the path of rain water drainage which makes Rob's land too wet where he doesn't want it to. Bob and Rob agree that Bob directs the water away from Rob's land completely. Rob is aware that it may cause his land dry out and promises not to complain about that. Bob wants it to be binding before putting effort into redirecting the drains.
Can that be recognised as a contract i.e. Rob's consideration is to refrain from making a certain type of complaints? I doubt this because Rob may never actually want to make those complaints, so there would be nothing moving from him.
Jurisdiction: any common law, though specifically interested in New Zealand.


texts:
Hello Law Stack Exchange,

I'm currently looking for reliable resources to learn the whole of UK Law, but i have been suprised at the apparant lack of avaliable resources during my internet searches on the law that is supposed to create ethical uncondition during dealings where the law may concern. If Law schools and colleges exist, the resources must be avaliable somewhere?

Thank you in advance.


texts:
I'm looking to purchase some property in Ontario. The property in question is between two other properties. The owners of the properties on each side have created a path through the wooded area to access each other, but the path is not required to specifically gain access to their property (basically their kids use it to go play, it's easier than doing an entire loop around the forest to get to each others houses). The properties on both sides have their own respective private roads to access their properties, which end on each side of the one I'm looking to purchase.
I'm not a scrooge and don't plan on blocking them from walking through my property if I purchase it, but I'm wondering if there is an implied right of way that could be fought in court if my building plans end up inhibiting their access to each others properties. Is this a thing? Or does an implied right of way only pertain when it's the only source of access to your property and not necessary a "luxury access" between two properties.


texts: Privacy Protection of the US Census records... impact of Privacy Act of 1974

texts:
The Census Bureau writes:

  It is against the law for any Census Bureau employee to disclose or publish any census or survey information that identifies an individual or business. This is true even for inter-agency communication: the FBI and other government entities do not have the legal right to access this information.

OTOH there is the Privacy Act of 1974, that provides exceptions to release of agency data, particularily:

5 U.S.C. § 552a(b)(7) (law enforcement request)

that seems to enable law enforcement to obtain records (in this case, Census records), for a civil or criminal law enforcement activity.

So are Census records (name and address and answers to census questions) actually protected from disclosure, or does USC 552a(b)(7) offer an exception?


texts:
We are planning to update our app in App Store with some cryptographic implementations included in the next release.
Reading about the App Store procedures for apps with any cryptography, it requires us to file the annual self classification report to BIS and update US export compliance in iTunes store.
But some parts remain unclear. Can someone who has underwent these procedures recently help here please ?

The BIS site states that 'A annual self-classification report for applicable encryption commodities, software and components exported or reexported during a calendar year (January 1 through December 31) must be received by BIS and the ENC Encryption Request Coordinator no later than February 1 of the following year.'

Does this mean that for the app am submitting today, I can file the report anytime before Feb 1 of next year (which is almost after an year)? Do I not really need the BIS approval for the annual self classification report before I get my app to the app store ?

What is the document that is needed to be uploaded in iTunes connect in place of 'Add export compliance documentation for iOS' while submitting the application?
Apple FAQs says that "Apple requires a short letter stating that you understand your legal obligations to submit a year-end self classification report required by BIS."

Does this have any format to follow ?
And how does the annual self classification report that we send to BIS and the compliance document that we upload to iTunes connect gets linked here ?

Earlier procedures with ERN required the key value (generated after successful registration) to be added to the plist while submitting the build with crypto changes. Say, 'ITSAppUsesNonExemptEncryption' to true and 'ITSEncryptionExportComplianceCode' with the generated key value.
Does the new procedure of filing the annual self classification report will also need any such updation in the plist ?


texts: Would it be legal to drive/own an Sd.kfz 250 in Australia?

texts:
As the title suggests, I would like to know if it would be legal under Australian law, I am not too sure about the law and Halftracks.

I would also like to add, this vehicle is capable of the speeds you would see commonly in most suburbs of Australia, it's just not capable of highway speeds, though the road layouts would allow for you to navigate without the use of freeways, it has a theoretical speed of 76 km/h provided by an Inline-Six, 4.17 liter Maybach HL 42 TKRM engine that can output 74 kW, which powers the rear track assembly.

Though going highspeed over bumps would not be comfortable at high speed, as the rear suspension is provided by torsion bars and don't serve to absorb shock, while the front axles are tended to by Leaf Springs, which again would not be too comfortable.

Also, would and Sd.kfz 222 be legal too? This vehicle unlike the above does have four wheels, 3.8 Liter Horch V8 Petrol and weighs in at around 5 metric tons.


texts: How can I determine what elements of a work are covered by a copyright mark?

texts:
I have sheet music for a piece of classical music that bears the following copyright claim:

  © 1927 Carl Fischer, New York. © renewed 1955 Fritz Fischer

Fischer is a well-known publisher of classical sheet music.

I assume that classical music composed more than a century ago is certainly now in the public domain.

I gather that Fischer can claim copyright on its written form of public-domain music because the company adds interpretive markings to its sheet music, and those markings themselves constitute creative content?

In that case the only contents of the sheet music covered by copyright would be whatever unique musical markings Fischer adds, and not the notes set down by the original composer?

Is there any reliable way to determine which elements of a work like classical sheet music are covered by a copyright claim, other than to infringe and have the claimant reveal that at trial?


texts: Without judicial review, what is the point of the Dutch constitution?

texts:
I gather from various sources (note: most links are in Dutch) that no process of judicial review exists in the Netherlands.

In my understanding, most democracies have a process for creating, amending and removing ordinary legislation (requiring a simple majority vote in their various legislative bodies) and another for amending their constitution (requiring a two-thirds majority vote and/or additional restrictions, such as the Dutch procedure of voorstelwetten or the similar Belgian practice of 'unlocking' only certain Articles for editing by the next legislature). If a simple majority in the legislature decides they want to pass a law which violates the constitution, they could certainly do that if they really wanted to, but will quickly find that they have wasted their time - as every court case stemming from the new law will simply end in the relevant section of the constitution trumping the new law.

However, in the Netherlands, judges do not practice judicial review (in fact, Article 120 of the Constitution expressly prohibits it). It is my understanding that, even in the event that a law unambiguously violates a constitutionally-protected right, the judge will have no choice but to apply the law anyway.

Now - assuming that my understanding is correct - my question is this: leaving aside its symbolic value, what is even the point of the Dutch Constitution (at least those Articles that confer rights, rather than describing governmental functions)? Or more specifically, what is the point of placing safeguards upon the process of amending it above and beyond those placed on ordinary legislation?

For example, if I were to command a 52% majority coalition in the legislature and I would very much like to pass a certain law that happens to be blatantly unconstitutional - which seems like it is exactly the sort of situation that a constitution is supposed to protect against - in what way am I actually stopped? If all the members of my coalition just stick our fingers in our ears while the 48% complain about our bill's unconstitutionality, and we pass it anyway, won't the new law be enforced just as much as it would have if we'd jumped through all the hoops of amending the constitution?


texts: How does "stop and identify statutes" work in the US?

texts:
I was watching this video. The video is pretty long, but basically it is alleged that a guy keeps harrassing a men that is eating in a restaurant (calling him repeatedly, etc.). The man calls the police, the police shows up, and nothing happens.
So I got curious why the police didn't ask his ID, and read the stop and identify statues wikipedia page.
I don't know in which US State the incident in the Youtube video occurred, but some things from the Wikipedia page are not clear to me. For example:

In 12 states (Alabama, Delaware, Illinois, Kansas, Missouri, Nebraska,
New Hampshire, New York, North Dakota, Rhode Island, Utah, Wisconsin),
police "may demand" identifying information. Of note, though, in New
Hampshire for example (RSA 594:2), statutory language authorizing a
'demand' for identity does not establish a legal requirement to
provide documentation of identity (ID), or even a requirement to
respond in the first place.

So in New Hampshire a police officer may DEMAND my identification from me, and I may simply ignore him/her without committing a crime? Is my understanding correct? How does these statutes work out in general?
If my understanding is correct, suppose I am a gentlemen being harrassed, and Mr. X is doing the harrassment to me: he is outside my door, he is calling my phone number repeatedly, he is repeatedly knocking on my door, he is repeatedly shouting my name out, he is repeatedly calling me a child molester, he is repeatedly shouting that my mum does a job not to be proud of, etc.
I call the police. The police shows up. I tell the police I want to file charges for harrassment against the guy in front of me (Mr. X, but I don't yet know his name). The police asks Mr. X for his identification. Mr. X will repond that "statutory language [...] does not establish a legal requirement to provide documentation of identity (ID)".
End of it. End of my charges.
Is that correct?


texts: Will a clause giving jurisdiction to the contract maker hold up in court?

texts: A clause states "If the contract is breached you accept that you must pay for damages. We shall determine the amount." Will this hold up in court?


texts: Is the federal charge for illegal possession of a firearm considered a "violent" crime or a crime of violence?

texts:
Per 18 U.S. Code § 922 (D)(3) and (G)(3) it is illegal to sell or buy a firearm to/as someone who is "an unlawful user of or addicted to any controlled substance." This includes cannabis, even though it is legal in a number of states, due to the fact that it remains federally illegal. I have been told this offense was considered a "violent" crime, but was unable to find a source for that, or any details about what federal crimes are considered "violent." A number of states classify crimes that most people wouldn't consider violent as violent, and it seems like there is far more of a rationale for illegally possessing a firearm being considered a "violent" crime than some offenses that are considered violent. Is possessing a firearm in a manner that violates federal law, particularly if one is violating federal law by using drugs while possessing firearms, considered a violent crime?

Bonus points if you can direct me to a list of federal crimes that details their classifications as violent or non-violent.

Bonus question: What is the definition of "unlawful user of or addicted to any controlled substance?" Particularly considering timeline. If someone used a controlled substance 30 days ago, are they an "unlawful user" still? What about 90? The only answer I could find to this is a BJS report which states: "Those using an illicit drug in the past 30 days -- persons that the NIDA defines as current drug users..."


texts: Interpreting the 2019 New York Reproductive Health Act?

texts:
There has been a lot of discussion about the New York 2019 Reproductive Health Act signed by Governor Cuomo.

Under what conditions can a legal abortion be performed under the NY 2019 Reproductive Health Act?

Certain popular pundits claim that legal abortions may be performed post-birth if the mother claims that the child is a threat to her mental and/or physical health. Is an abortion legal in this case?


texts: Who (apart from the beneficiary) has standing to sue when a trustee violates the terms of the trust?

texts:
The jurisdiction here is California, USA.

This is a (sort of) hypothetical - I heard (third hand) of someone with a trust like this. I'm not terribly confident that I have all the details correct, but I'm interested in the details as written in this question.

The idea is this: a wealthy parent created testamentary trusts for his/her three children. The children are all adults - youngest in his/her early thirties. The idea is that upon the parent's death, the children will inherit assets held in the trust until the child is 75. Each child is the trustee of his/her own trust. I don't know the specific terms of the trust, but I believe that they include provisions restricting the sale of some real estate.

The question is this: as the trustee of his/her own trust, what's to stop one of the children from violating the terms of the trust and selling the real estate held in the trust? As beneficiary, they would clearly have standing to sue to protect their interests, but since they're also the trustee, that doesn't make much sense.

Is there anyone besides the beneficiary who would have standing to sue to enforce the terms of the trust?

In the absence of anyone with standing to sue, is there any other mechanism by which the terms could be enforced?


texts:
Due to the so-called "cookie law", websites that are owned in the EU or are targeted towards EU citizens are now required to prompt users to store cookies. Most often this takes the form of either a pop-up or a ribbon informing the user what the cookies are used for and a button to accept them.

As I've come to notice, however, this doesn't seem to cover all kinds of cookies. Many sites create cookies even when I browse them without accepting to store them. What should a site do when a user doesn't accept cookies and what kind of cookies can it store regardless of consent?


texts: What is the resulting status of a sculpture using CC BY-SA works?

texts:
I would like to create a sculpture, related to science and technology, using engraved diagrams of physical processes on the surface. Some of these diagrams I will produce myself, many are in the Public Domain, but some are available under the CC BY-SA license. My plan was to simplify them to some degree before engraving on the sculpture. I would also produce a freely available PDF document providing all of the attributions and hyperlinks to satisfy the license conditions, as well as guiding the viewer/reader to more information about the depicted subject.

One problem is that many of these processes (i.e. chemical reactions, energy levels etc.) are very fundamental and the available diagrams succinctly describe the process. An attempt by me to produce my own version from scratch would result in an almost identical diagram. This brings the spectre of plagiarism were I to try producing and using "My own" version of the diagram and still hyperlinking to Wikipedia pages, where not only is the relevant, easily understood information on the process but also the "original" diagram.

The CC BY-SA license allows "Commercial Use" but am I going to run into a copyright stumbling block here if I use these diagrams and try to sell the sculpture? Would the "ShareAlike" clause only apply to my simplified versions of the diagrams or the sculpture itself?

Any help would be greatly appreciated.


texts: Is "elektronische Post" (§ 5 Telemediengesetz) necessarily email?

texts:
§ 5 of the Telemediengesetz (German) lists what, for instance, website providers have to include in the typically called Impressum of the website.

The second sentence of (1) is:

  Angaben, die eine schnelle elektronische Kontaktaufnahme und unmittelbare Kommunikation mit ihnen ermöglichen, einschließlich der Adresse der elektronischen Post,

Which according to cgerli.org (PDF) translates to:

  details which permit rapid electronic contact and direct communication with them, including the electronic mail address,

Does the term elektronische Post (which translates to electronic mail) necessarily mean email (via SMTP)?

Of course one would immediately think of email (and some might use this term as synonym for "E-Mail", but it’s not really idiomatic), but then why doesn’t it say "E-Mail" or "SMTP"?
Because it doesn’t explicitly say so, my assumption is that it doesn’t have to be an email address, but just some address that allows to communicate electronically. Like a term for a category of communication protocols (i.e., protocols which allow to send messages in electronic form) instead of refering to the specific SMTP. (Which would make sense, because email might lose popularity, and then the law wouldn’t have to be updated.)

So, must it be an email address (RFC 6068) or may it be an address for a different protocol that allows to send/receive messages in the Internet?


texts: Is everything in a contract really a term or warranty?

texts:
In another question it was claimed that everything in a contract is a term or warranty. It has got to be more complicated than that. For example is the title of the contract a term? Is the execution line "sign below to agree to the terms" a term in itself? If the contract includes a statement of the number of terms in it or contact information, presumably these wouldn't be terms.

What exactly is a term and what is not?


texts: What happens if one of the two accused flees the country?

texts:
Context: I'm watching a series on Netflix called Brooklyn Nine-nine, a comedy series. No spoilers please. I'm fond of law stuff and I don't know much about laws in the US, I live somewhere in Asia, by the way.
I'm in the episode wherein the two good cops are accused of robbing a bank, they were caught red-handed, and the evidences planned against them were just too strong. So one of the two accused cop apparently gave up and is about to flee the country, go to Argentina specifically.
Questions:
What happens if that cop goes to other country? Will they be found guilty automatically? If not, what if the lone cop wins the case? Can the other cop who fled go back to the US?


texts: Can President Trump shoot off the nukes whenever he wants to, even for no reason?

texts: According to a recent editorial in Scientific American(March 1,2017 "Take the Nukes off a Short Fuse"), the president of the United States can order missiles to be shot off without anyone else concurring. Also, are military personnel legally bound to obey this? Maybe a soldier could legally disobey such an order on the grounds that it was an illegal order or that it "shocked the conscience?"