texts: is it illegal for users to store money on a website?

texts:
I am aware that there are legal things that need to be considered if someone wants to start their own bank. However people earn money by selling on a website and people spend their money and transform it into digital currencies on the internet.

Lets say i start a simple website that allows people to pay money on that website and i give it back to them when they are ready to take it back (essentially storing money online). would that be illegal? might it be considered banking without a license or something? Or would that be perfectly fine?


texts: What are the fines / penalties for having two people in the front passenger seat?

texts:
There were two people in the front passenger seat of the car.
To clarify, there were two ("adult") individuals in the same seat wearing the same seat-belt and both were U.K. citizens and I am also an "adult" who is a U.K. citizen.

NOTE: Yes, I did go 5-15 MPH over the limit at one point or another.

I know this is reckless behaviour and that I shouldn't be doing such stupid things... So please don't lecture me over this.

I have a few questions on the matter:

How illegal is this? (I.E: is it as bad as a severe offence or a minor mis-demeanour)
What is the possibility of me getting caught?
If I'm caught what fines and / or penalties can I expect?
What's the absolute worst that could happen as a consequence of my actions?
Could it be possible for me to get away with a warning?
Could I get my licence revoked? (:/)

Thanks for the help.


texts: Is it illegal to carry an expandable/extendable baton in the state of Indiana?


texts: Is Bank responsible for protecting me from fraud?

texts: I applied for a part time job on Indeed to be a “Secret Shopper for Walmart”. I took the bait and was sent a check for 2k and given an assignment to buy iTune cards at two Walmart and do a customer service report. I was highly suspicious so I went to my bank and informed them of everything. The teller took it to her supervisor who called the other bank and came back to me saying it was good, go ahead and do your shopping. I asked when the funds would clear and they said it’s in your account and accessible now. I asked what my limit was (1000) and then asked them to raise it as I again needed to shop for 2k and they made the change for only one day. I was defrauded and my bank says I am 100% responsible. My full-time job provided me with a one time legal consultation for free in which the lawyer said I have a 50-50 shot in small claims court to get my money back as I went to them as experts in fraud. I am looking for an opinions as to whether I should drop it or proceed to small claims court. I am clueless to the process but currently out 2k.


texts: Can a printer be held liable for e.g. copyright infringement?

texts:
An author knows when s/he has copied material and possibly infringed on someone's copyright, and a publisher is supposed to take "reasonable" steps to determine whether or not an author has done so.

But can a printer be held liable for such infringement? The printer's position is something like, "I was hired to print such-and-such and so I did. How would I know if it infringes on someone else's rights?"


texts: Should I trademark brand and product names separately?

texts:
My LLC is developing a new line of products and we're looking at getting trademarks. We have a brand name, and the product name is distinctive when used with the brand name, but it's a pretty generic word. Would it be smarter to trademark the brand name and try to trademark the product name, or to trademark the entire thing together? We do plan to add other similar products under the brand name, and our company name is different than the brand name.

For example, if my company is Bob'sProducts, and we have a new line of products coming out called SqueakyClean, and the first product is going to be called the SqueakyClean SuperScrubber, and down the road we're going to launch the SqueakyClean ScrubbySponge, would we want to trademark SqueakyClean, SuperScrubber and ScrubbySponge separately, or trademark SqueakyClean SuperScrubber as one term, and then trademark SqueakyClean ScrubbySponge at a later date?


texts: Sovereign immunity and recovering seized property

texts: Can sovereign immunity defeat an attempt to recover seized property? For instance, if a cop seizes some cash asserting that it is "drug money", and the owner sues to recover it, can the government dismiss the suit on the basis of sovereign immunity?


texts: What does a trial for Terrorism look like in France?

texts:
I'm a writer, and need help for a book that takes place in Paris.

According to the Wikipedia page, the Assize for Terrorism is 'special' and has 9 Judges with a president. There wasn't any further information offered. If any information is available I will take it. I'm a novice in law, especially French Law.


texts: How to prepare for early termination of 12 month lease

texts:
I am planning to enter into a 12 month lease in California. However, circumstances may arise which require me to move out before the lease ends. I looked at what typically happens with early termination and none of the options sound good:

If you try to sublet, you have to spend much effort and time finding a tenant. Some contracts prohibit subletting. The landlord can easily hold you hostage by refusing to approve any tenant you find.
Many early termination clauses are incredibly unfair to the tenant: A common example is that tenant is liable for all the months of lost rent during which the landlord is looking for a new tenant. So if you break the lease on month 1, the landlord could drag his feet and you can be on the hook for 11 months' worth of rent.
If you simply stop paying rent, the eviction goes on your record and you can't rent a new house.

I'm not really comfortable making a commitment to stay in a place for 12 months, no matter what. All sorts of things can happen in life, nobody can predict what will take place up to a year out. You could lose your job, you could suffer some emergency. It seems a foolish thing to accept such an agreement. However, almost all landlords ask for 12 months so there's not a realistic alternative.

What are my options as a leasee for protecting my family from ruin due to early termination of a lease? Are there any defensive clauses I can request to be included in the contract (that the landlord is actually likely to agree to)? Are there any legal protections I can take advantage of?


texts: Can I appeal to the court against an arbitration?

texts:
If I have a dispute and arbitration is suggested, I have a number of questions:

Can I be compelled to arbitrate?
If I don't think the tribunal has jurisdiction, what can I do?
If I disagree with the award, what can I do?


texts:
What is the maximum tint allowed on a car or a SUV in Tijuana, Mexico?
I'm reading some conflicting information, e.g. https://redd.it/92grg1:

There's a certain amount of it allowed, not really sure about the gauge (or whatever the measure is), but there is a lot of places in Calle 2da between Negrete and Ocampo, just ask for what is "okay".

All tint outside of factory tint (which is very light) is illegal in Tijuana and has been since 2008. The law is randomly enforced though, as it seems to be with most traffic/vehicle laws in TJ.

and:
https://themazatlanpost.com/2020/07/12/tijuana-police-rampant-shakedown-of-americans-videos/:

It is in fact illegal to have your windows tinted if they are dark enough that you can’t see inside of the vehicle.


texts:
Under what circumstances can a debt lien on real property be satisfied by foreclosure?

For example, let's imagine a debtor fails to pay a debt, say a car loan on a vehicle that is now missing or destroyed and $25,000 remains on the note. The lender takes the debtor to court and gets a judgement. Then, judgement in hand, the lender places a lien on the debtor's $300,000 house which the debtor has mortgaged and on which the debtor still owes $140,000.

Is there any way for the auto loan owner to force the property into foreclosure so he can collect his $25,000 or will the lien just sit there?


texts: Ordered to leave public property where I was legally parked

texts:
I live in GA. I was ordered to leave a place where I was, according to an LEO, legally parked. The person who ordered this was the head of the parks department. Since the LEO said I was not in violation of any law or ordinance, I returned and was harrassed again. I cannot find anything in the City Code or State law that gives a city employee authority to order me to remove my vehicle from a place where I am legally parked. There are no signs up prohibiting entry or parking. No ordinances I know of or the police officer I talked to knows of. This seems to just be an overreach on the part of a city employee, who, by the way, did not even identify himself. Am I liable to any sort of trespass charge if I refuse to move when or if I am harassed again?
Jack Penland


texts:
I signed an internet contract with a fake address in California. I live in Georgia.

Am I under California or Georgia jurisdiction?

Contract does not specify.


texts: How does the law guarantee true disregard by jurors?

texts:
How can the court and public guarantee disregard by jurors when they're instructed to do so? I doubt that a verbal instruction suffices, when judges themselves can be biased. What forestalls or thwarts such potential subconscious regard or bias?

Source: Richard A. Posner, How Judges Think (2008), p. 9 Top.

  Criminal
  defendants are at a disadvantage if a judge's or prosecutor's missteps can
  be forgiven by the judge's telling the jury to disregard them, for the bell
  cannot be unrung; the jurors cannot exclude what they should not have
  heard from their consideration of the defendant's guilt.


texts: If someone attacked me with a weapon twice and I hit them back once is that self defense?

texts:
Scenario:
If John was walking his dog and another pet owner made him aware their animal will attack his dog, which it then goes on to do (in a public park) and John intervenes and stops the animal attacking his dog.

John tries to then walk away but the animal owner picks up a ball throwing stick (long hard plastic) and proceeds to follow John shouting and swearing and then manages to back John into a place he can't easily escape, then proceeds to hit John twice in the head/face with the weapon does John have a legal right to hit the attacker back once with a fist to stop the attack? Or will John face charges if the attacker ends up suffering worse injuries from one punch than John did from several hits with a weapon?

UK law would be best point of reference to answer this question.


texts: Police encounter: "Why do you think I stopped you?" Is there any legal downside in answering "I don't know"?

texts:
Many police encounters in the United States start with the police officer asking "Why do you think I stopped you?"

Is there any legal downside in answering "I don't know"?

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


texts: Using a fictional archetypes in speech or writing

texts:
Is it legal to use or reference a part of a story / series like saying, "Studs are super-saiyan dykes"?

Would the studio that owns DBZ have a way to sue for using "super-saiyan" by claiming it was defamation, diluting their brand, etc., since it is a special term which many anime fans would recognized from the franchise?


texts: How does pressing charges for slander work?

texts:
According to The Law Dictionary

  It is also necessary to prove that their slanderous words about you are all lies.

How does this make sense? Isn't it on the burden of a person making a claim to prove it's true? For example if someone is telling everyone I have been stalking them (and it's not true) how can I prove I didn't, can't I only ever disprove their evidence?


texts: Who is responsible for an intra-hospital ambulance?

texts:
Several months ago, I went to the emergency room. I called an ambulance, which took me to Local Hospital (Branch A). While there, the hospital said they did not have the facilities to treat me, and moved me to Local Hospital (Branch B). Local Hospital contracted an Independent Ambulance company to transport me from Branch A to Branch B.

Ambulance company is billing me for the full amount, because my insurance says it's not covered. I've been going back and forth with the insurance company over the last several months. Now it has gone to a collections agency.

Collections agency is telling me that it falls under Good Samaritan laws, and that I am responsible for the full amount.

Is this correct? Where is the burden of responsibility for this bill?


texts: how and when do family lawyers get in trouble for practicing law in a state they are not licensed?

texts:
Say a lawyer is licensed to practice law in State A, and gives legal advice to a family member in state B which they are unlicensed.
How could that lawyer violate state bar ethics? Where are the pitfalls?


texts: "Impersonating" a government agent for an Alternate Reality Game

texts:
Say I'm creating an alternate reality game where I want players to be contacted by an FBI agent through email. Ideally, in order for players to remain immersed, the email would appear to be actual communication from a real FBI agent. Since players have to provide an email address beforehand, and they do so in the context of the ARG, they should be aware that these emails are not actual FBI communication, but there's a real risk that players either sign up other people who are unaware or that players sign up and forget about it before receiving anything.

My question is two-fold: is it legal to impersonate a government agent if most reasonable parties don't actually believe me to be a government agent? And if not, what precautions should I take to ensure no one thinks the emails are legit, hopefully without hurting immersion?

(I'm based in the United States, but the game could be played by any English speaker, so I tagged the question with international - let me know if I should change that)


texts: In England & Wales, how much latitude is there in the phrase "at business premises" in VERA S.29(2C)?

texts:
In the Vehicle Excise and Registration Act 1994 (as amended), Section 29, Subsection 2C, an exception is made to the offence of using or keeping a vehicle which is unlicensed, "if the vehicle is kept by a motor trader or vehicle tester at business premises".

One of the DVLA's authorised private enforcement agencies took action against a vehicle in the possession of a motor trader I know, which was parked on private land, and immobilised it by clamping the wheel.

The enforcement agency cited the Finance Act 2008 as giving them the power to immobilise on private land.

In my correspondence to the DVLA, I pointed out:

  [I]t is the Vehicle Excise Duty (Immobilisation, Removal and Disposal of Vehicles) Regulations 1997 (“Immobilisation Regulations”) that grants enforcement powers to deal with offences under VERA S.29(1). It has been amended by secondary legislation in 2008 as a direct result of the Finance Act [2008] to refer to a “relevant place” and provide for a power of entry.

The vehicle was parked on private land shared by more than one business, which constitutes a parking/loading area and which must be passed through in order to access the premises rented by the motor trader. I do not know if any wayleaves or other historic agreements are in place that cover the access arrangements.

The DVLA said that since "the vehicle was parked outside of the secure area designated for use by the motor trader", the exception in VERA S.29(2C) "is not applicable on this occasion". They did not quote any publication, guidelines, legislation or case relating to their interpretation.

They did not respond to my having pointed out that:

  Enforcement is lawful only where an authorised person has “reason to believe that an offence” under VERA S.29(1) “is being committed” (Reg. 5(1) of the Immobilisation Regulations)

Whether the threshold for belief was reached may be another question, however, I would like to know suitably qualified users' opinions and/or experience with the phrase "at business premises" and how this may or may not apply in the circumstances described.

In your interpretation, was the vehicle "at business premises"?

Are you aware of anything that interprets or modifies the definition of "business premises" or the word "at" as used in VERA S.29(2C)?


texts: How do I discover an trust fund, or estate account, that is being hidden by a malfeasant executor?

texts: I have documents indicating there is an estate account being held under a minority heirs name & SSN, but the bank agents refuses to answer any questions about the account!  No local attorney will touch the case because of the bank involved is the largest bank in the state and extremely well connected politically!


texts: Where do I have to live during my emancipation process?

texts:
I live in Maine and am unaware of what exactly the laws are in this state. I turn 17 in a few months.

My mother told me to leave the house, but filed a missing person's report when I did.

I am filing for emancipation because the household is abusive and I don't want to live there. Will I be forced to go back while going through the emancipation process, or can I stay in a safe home until the case is decided?


texts: Is it lawful for some English NHS trusts to stock more kinds of medications than others?

texts:
Factual Situation
My daughter lives in an area covered by a NHS Trust beneath that's not Oxford. Her migraine can be only treated with a triptan on Oxford's formulary, but not her own area's, like Eletriptan. His GP said that he can't prescribe her a triptan on Oxford's formulary. The only way she can get it, is if she's admitted to their ER or is eligible for Oxford NHS. But she isn't.
Legal Question
Isn't it discriminatory for some UKers to have more triptans, and thus better health care, by the NHS than others solely based on your address?
Left to right – Guy's,  Cambridgeshire, Salisbury, Oxford.

I don't want to cram too many pics in the collage, but Southampton has Almotriptan, Sumatriptan and Zolmitriptan, but Herefordshire just the latter two.


texts: What rights does a songwriter have when a song is made out as a youtube video by another artist?

texts:
I have given permission for another artist to record a song that I have written and that song will also have a video which will most likely go on youtube.
What are a songwriter's rights in terms of youtube revenue no matter how small ?


texts: If an inventor were to create a top secret invention, does this person have a legal obligation to keep it secret?

texts:
In a scenario in which an inventor was able to invent something that the government would likely classify as 'Top Secret' or even 'Born Secret', and the inventor knows that it will be classified as such, does the inventor then have a legal and/or civic obligation to keep this invention secret until it has been reviewed and classified by the government? The reason being to prevent a possible major disruption to the nation's economy or national security.

In other words, if the inventor were to disclose his/her Top Secret idea out to the public domain/social media before it has been addressed by the government, and this disclosure were to cause a major economic disruption or weaken national security, is it highly likely that the inventor will be prosecuted and incarcerated, and perhaps even be charged with treason?


texts: Is it unconstitutional for sellers to have higher minimum age for gun purchases than the federal government?

texts:
The last few days (I am writing this on March 1, 2018) have seen several businesses raise the minimum age required to buy a gun to 21.  Some examples: Walmart, Dick's Sporting Goods, Kroger.

Under current US federal law though, the minimum age necessary to purchase a rifle is 18.

Because of this, can it be said that those businesses that will not sell rifles to otherwise qualified individuals between the ages of 18 and 21 are in violation of the Second Amendment?  Are there any cases that have treated this in the past?


texts: How can I ensure ownership of a custom font someone makes for me?

texts:
I plan on writing a fantasy novel, and there is a chance the novel will contain custom fonts for several languages I have created. I am not currently able to create these fonts myself, and would much rather have a professional do them. However, I am worried about copyright.

My limited understanding of copyright suggests that the copyright belongs to whoever made the product (in this case the font). If I hire someone to create a custom font for me, I want to be sure that I have total ownership of that font, and can both use it however I wish, and restrict its use by other parties. How do I ensure that?

I am also curious if anything changes if no money changes hands. If someone makes these fonts for me for free, does that change anything?


texts: How can Contra Costa's Secondhand Smoke Protections Ordinance apply to smoking in a private residence?

texts:
I'm conducting an apartment search in the east San Francisco Bay area in Contra Costa county.  Recently I was told that smoking was banned in unincorporated areas in the county, and the apartment in question is located in one such area.  Being a smoker, not only does this kill my opportunity for this apartment, but also kills it for a significant portion of the places open to me.  I've been doing some research on what I believe to be the law in question, and I believe that the assertion that smoking is banned in private areas by this ordinance are largely false.

The law is the Contra Costa's Secondhand Smoke Protections Ordinance, and in the list of indoor prohibited areas (excluding the top section about outdoor areas), the following are mentioned:

In common indoor and outdoor areas of multi-unit housing residences of 4 or more unit; and
On all balconies, patios, decks and carports for existing and new multi-unit housing.
All areas within 20 feet of doors, windows, air ducts and ventilation systems of multi-unit housing residences, except while walking from one destination to another.
In 100% of all dwelling units of multi-unit housing residences that receive a building permit after January 1, 2011.

The building falls under the qualifications for multi-unit housing since it's a condominium complex, so these all apply.  My main question is "does this apply to the private space in your apartment?"

Addressing each point in order, here's my interpretation:

The definition of "common" in the phrase "common indoor and outdoor areas" is defined as the area that everyone can access like a rec. center, park for the complex, etc. doesn't extend to inside the units leased out to tenants.
Balconies, patios, decks and carports are outdoor, it's not relevant here.
A curious bit, this part doesn't specifically specify, but I can only logically interpret to include outdoors.  Otherwise, one could conclude that the law stated that one may smoke while specifically walking between different places in the complex, so long as they put it away when they got back home.
The building in question was built in the 80's and there are several sources confirming this fact, so the blanket indoor ban doesn't apply.

I understand that the renter has control over the ability to smoke on their property, that's a valid concern. However, I feel that he has the facts incorrect here, otherwise he'd have simply said he preferred a non-smoker rent his condo. If I had simply taken his advice, my hunt would be significantly harder, not to mention anyone else he could have told.

Two questions:
- Within the context of this ordinance, could I be cited by some legal authority for smoking in the privacy of my condo?
- Is there some law that he may have been referring to that I may have missed?


texts: What to do if you have a possible 'zombie' relative

texts:
An elderly uncle of mine spent the last 10 years of so in assisted living until dying in his late 90s.  He has a sister (who has mild dementia) and a brother who has been not reachable for ages, along with a few nephews and nieces.  Lately he has had a guardianship under the state, but our state is so underfunded that I don't think the guardian did anything.  Medicaid paid at least some of his assisted living.

He died about a year ago and I assumed that the state would initiate probate (possibly so that they could get some or all of the estate to make up the medicaid expenditures).  I'm not sure that his estate has positive value above what might be owed to medicaid, but I'm not sure.  Well, recently I got notices that he owed taxes on his property, so I'm not sure if probate was ever started.  I don't think there is a will and I'm not sure that there is any named executor.

I think I ought to initiate probate or at least see if probate has started.  How do I do this?  He lived in Alaska if that makes any difference.


texts: Can a European bank mandate employees to have a deposit account into which salary is paid

texts:
Is this allowed under European law to mandate employees to open a local (i.e. same name) bank deposit account and claim salary will only be paid into that account internally?

I suppose it must be since I am aware of at least 2 banks operating this practice today. But it would be nice with clarification.


texts: What to do about evasive debt collection agency I hired

texts:
Please excuse this question if I've overlooked obvious options, but I'm not an American citizen and I live outside of the USA, so I'm not familiar with American legal system, or agencies who might be of assistance.

I hired a debt collection agency based in New York to collect a debt owed to me (just over $2k) by an American citizen in California in January 2017. Initially they seemed professional enough but I noticed at first I never received statements – the only way I received updates on the status of the account was if I phoned them or emailed them to request a statement. However, they were slowly recovering the money so I didn't think too much of it.

The last time I called them was in June 2018 and was told around $230 was still outstanding. A little while later the debtor contacted me privately to let me know he had the funds. I'm not sure if he settled the account with them or wanted to pay me privately – I ignored his mail because the debt collectors told me not to communicate privately with him.

However, as of the last two months the agency are not responding to my emails or voice mails. Their website's domain is expired, there are 8 complaints against them at the Better Business Bureau about them not paying their clients back. There are also two google reviews and comments on their Facebook page where former clients complain about exactly what I'm experiencing right now – being ignored after their debts were settled and not receiving their money back.

It's starting to look like this agency may be scamming people.

Are there any law enforcement agencies or government bodies in the USA I could contact to report them to? If nothing else, these people need to be stopped – debt collectors who behave in such a way that they themselves need to be reported to debt collectors, aren't very useful.
Is there any way for me to recover my money? One of the people who commented on their Facebook page mentioned starting a class action law suit: Would it be possible for me to join this given my location and citizenship status?


texts: How was Clinton's lie under oath about the Lewinsky affair relevant to the subsequent perjury charge?

texts: My reading indicates that Clinton's outright denial about having the said affair constituted perjury, which is why he was impeached by the House. But it's not illegal to engage in sexual intercourse, so what makes the perjury charge valid?


texts: Can copyright "exploitation rights" be sold?

texts:
Someone recently explained to be that copyright cannot be sold, only the exploitation rights can. Even if they are exclusive and indefinite.

Is this the case, or can you still copyright?


texts: How does copyright law apply to reusing images from before the 1900s?

texts:
I'd like to create some original art using images from art history. Let's keep the question widely applicable and say that I might be interested in anything from old paintings and engravings to pen and ink magazine art to early photography, but all of it would be pre-1900s. Many of the images I'm interested in go back much further, all the way to the late 1500s. I live in the United States, but might want to source images from overseas.

Presumably the copyright holders for these images are all long expired, and if I've got things right because they predated the copyright law enacted in the early 1900s these images should all be in the public domain.

A quick google and a perusal of some art books tells me it isn't that simple. Image archives, whether online or in photo book form, generally appear to make a copyright claim on the images they contain. This makes my want to get a generally more robust idea of what I can and can't do with art historical and early photographic images before I go any further.

My question is, what should I know about copyright law and using images that were created prior to the 1900s? What is the best legal practice for reusing images like that in original artwork?


texts: Carlos Ghosn and the Japanese judiciary system

texts:
On New Year's Eve, less than 2 weeks ago, the businessman Carlos Ghosn escaped from bail restrictions in Japan ("jumped bail") and fled to Lebanon.
He then criticized the Japanese judiciary system where

guilt is presumed, discrimination is rampant, and basic human rights are denied, in flagrant disregard of Japan’s legal obligations under international law and treaties it is bound to uphold.
I have not fled justice, I have escaped injustice and political persecution

he said, and added he had interrogations

that lasted for up to eight hours a day without a lawyer present.

The Guardian adds

In Japan, the accused can be held for 23 days without charge – this is almost indefinitely renewable as judges normally give prosecutors the benefit of the doubt.

My questions are more about law in Japan, that has been highlighted thanks to M. Ghosn's case.

Does the law as it is written in Japanese books allows the justice system to "behave" as it did/does? (or its vague description allows some interpretation that is beneficial to the prosecutors)

Based on "in flagrant disregard of Japan’s legal obligations under international law and treaties it is bound to uphold" - provided this is true - what kind of recourse would have an accused in Japan going through a similar ordeal?


texts: When can a country ask for a criminal suspect in another country to be extradited?

texts:
Most of the times in news I hear about someone doing some sort of crime and fleeing the nation and roaming freely in other nation. And the other country can't do any thing about it. What kind of BS is that?

I mean recently in this news this guy  Vijay Mallya left India on 2 March after taking millions in loans and not paying it back fled the country.

Can't Indian government ask Interpol or any other authorities to take action over him and bring him to justice?


texts: Does VII help employers oppress workers, or are there other laws that compensate?

texts:
I am wondering whether an employer can hire two people under the same job title and pay but deny them equal working conditions.

For instance, it is common practice for Walmart to hire customer service associates under a vague job title, and thereafter assign more dangerous tasks (stocking heavy products) to the more physically capable associates and the safer tasks (stocking light products) to the less capable associates.

More detail in response to comments

The jurisdiction in California.

I am wondering if employees are protected by law if they refuse to perform the strenuous work because they've been assigned that task too much compared to others.  For instance, let's say that Bob has had to spend 5 hours a week stocking the coolers and freezers and 10 hours a week stocking water for 2 years, while Adam who has the same job title as Bob has rarely had to perform such work in the same time period (assume less than 2% of total hours worked), instead Adam does the easier tasks such as stocking chips, cosmetics products, and diapers. The reason the employer provides for this allocation is that Bob is more physically capable of doing hard work.

It seems to me that in such a case, Bob is being mistreated.  He deserves an equal share of the easier tasks as Adam, and if the employer wants Bob to do the hard work, they should create a separate job title for him that imposes higher qualifications that ensures that those under the same job title are able to share the work equally.

By denying Bob access to working conditions comparable to Adam's, the employer is essentially denying him a job for which he is overqualified. And in doing so, the employer is able to get Bob's more rare labor for the same price as Adam's less valuable labor.

Let's also assume Bob and Adam belong to the same protected classes.

As I understand it, Title VII and FEHA do not protect Bob from refusing, since he belongs to all the same classes as Adam.

This doesn't make much sense to me because if the employer had divided the tasks along protected class lines (i.e., gender or race) rather than by physical ability, then Bob would be protected.

The irony that I've noticed is that the very laws that were passed to protect qualified workers from discrimination now excuse discrimination against qualified workers.

Are there other laws that protect Bob from such discrimination that does not require a showing of discrimination based on protected class? Maybe an implied term in the employment contract?


texts: What happens to a contract when company is disolved?

texts:
I have been renting a property (residential) for 10 months from a limited company.

I wanted to move out of the property recently, they informed me I still  have two months left on my contract, i would need to pay for. Then i would also need to pay £400 in checking out fees, Im not sure what the "checking out fees" are for, but i had to pay a similar "checking in fee" when i picked up the keys, granted this was a bit less.

Shocked i looked through my contract and realized i had in fact agreed to this.

However, The name on the contract for the company i have been paying, has been dissolved according to companies house

  Final Gazette dissolved via voluntary strike-off

The company filled for this a week before i even signed the contract with them.

Is there anything I can do here? I have never been informed of anything that has changed regarding the company.

**Edit
Update. There is nothing in my contract stating that it can be switched to a different entity.

The landlord name on the contract is the company that is now dissolved. The director is still the person I am dealing with. I signed a contract agreeing said company will be my landlord but that company doesn't exist...is this contract void?

Thanks!


texts: Was there ever a law that if someone sentenced to death survived their execution they would be released free?

texts: I read in a biography that if someone was sentenced to death penalty and the execution squad misses when firing at him, he will be released as a free man. Is it true that there ever was such a law or was it ever practiced?


texts: Is there a requirement for DHS CBP to provide a phone call for detainees claiming to be Americans?

texts: Francisco Erwin Galicia was stopped at US DHS-CBP checkpoint and held 23 days incommunicado in Texas.  If he made the claim that he was an American, are authorities required to provide him with a phone call?


texts: Do DBAs file separate taxes than the proprietor?

texts:
NYS USA here.

I've been trying to answer a pretty simple question all morning, and have perused about a dozen articles or so like this one that come close to answering it, but don't quite get there.

I want to start a super-simple consulting business, but use an alias/business name. This will be a sole proprietorship and I will be obtaining a DBA.

Do I need to do anything other than register the DBA and pay the associated fee(s)? In other words, like an LLC or C-corp, is there a process and set of documents that must be produced to create a sole proprietorship?
Would I file a separate tax return each year for the sole proprietorship, or would I just file my personal taxes (I'm married and we file jointly) each year?


texts: Can I file a small claims suit against a company that is shutting down?

texts:
This summer I did freelance work for a very early stage startup. We had a contract for an 8 week project wherein they should have paid me half of the fee after 4 weeks, and the rest after 8 weeks. Four weeks came and went, and I received no payment. When I contacted them they said that they had issues with one of the founders, and asked me to pause the work.

Since then (it's been 5 months), they have avoided all contact with me and I have yet to be paid. I finally got a hold of them last week and was told that they are in the process of shutting down the company, and was offered about 20% of the payment owed for the first 4 weeks.

My question is - what will be the likely outcome be if I file a suit in small claims court? I know that the company has not been shut down yet, but they mentioned that it will be done by the end of the month. Should I rush to file a suit before the end of the month? Will it make a difference?


texts: Labor law: which state's law applies when firm has multiple locations?

texts:
I work at a firm in Massachusetts (USA) which was acquired in 2012 by a firm in Ohio.  I came on board after the acquisition.

Am I covered by Massachusetts labor law or Ohio?

The particular situation:  The firm has a policy in its employee handbook which appears to indicate that if I leave the company, any unused paid time off will be forfeited.  Whereas the Massachusetts labor department or perhaps attorney general has a regulation or statement that employers must pay out unused PTO if an employee leaves.  I'm not sure if it applies if my firm is headquarted in Ohio.


texts:
I had a funny situation with my insurance here in Germany.

Background: I moved my main bank account to another bank in January 2019. I immediately noticed my private insurance company of that and gave a new SEPA mandate for the new account. In December 2019 the fees for the year 2019 were due. I received a letter that my bank declined the charge and that I should transfer the money myself. Also they immediately included overdue fines.

I was able to solve the problem. The mistake was on the insurances side. They had my new account in their system, but somehow they still tried to charge the old, now non existant, account again.

Everything is sorted out now, but one thing bugs me:

I thought that a company has to give one free notice first before they are allowed to charge overdue fines. Is that true or are they allowed to charge fines immediately? They told me that it is common practice to charge as soon as the payment is not received at the day it should be received. The fines were about 3% of the regular charge.

Funny addition, when they charged my new bank account, they still tried to charge the overdue fines, which I rejected. Now they told me it would be technically impossible for them to remove the overdue fines, they will charge my account again, including the fines and then they will refund the fines. (Which I will monitor really closely...)

Everything about this is pretty weird, in my opinion, but the main question is: Can a company (or insurance if there are special rules for that) charge overdue fines immediately without prior notice?


texts: How can I enforce a judgement against an LLC owned by minors in PA?

texts:
How can I sue an LLC owned by minors in PA, after a court order to pay has been ignored?

I sued an LLC I was renting a house from because I did not receive my security deposit back when I moved.  I was granted a judgement was for me, and the LLC was ordered to pay me $550.00.  Now the people running the LLC are trying to hide behind the fact that the LLC is owned by their 2 minor children (ages 5 and 3 years old). How can I sue the LLC to comply with the court order?


texts:
If a cartoon is in the public domain what does that mean exactly? For example these are all in the public domain:

Mighty Mouse: Wolf! Wolf!
Betty Boop And Grampy
Private Eye Popeye
suppressed duck daffy duck
Bugs Bunny - All This and Rabbit Stew

Does that mean I can play the video's as much as I want to any size crowd I wanted? Could I charge money to watch the videos? What about the characters in the videos, could I make a new Bugs Bunny or Might Mouse animation on my own? If something is in the public domain does that mean all the parts of that thing are? If I wanted to use Popeye or Betty Boop or daffy duck in a video game could I?


texts: Can one acquire by the law of adverse possession two different buildings with two different lot numbers and owners that are commercial buildings?


texts: Can I be sued personally for something that happened under my LLC?

texts:
I own several properties under my LLC. Someone was bitten by a dog one of my tenants was illegally dog sitting. The tenant was not allowed to have animals and did not have the renter's insurance required under their lease.

I use a management company who was supposed to oversee that the tenant followed the lease, so to me, it falls under their jurisdiction; they should've ensured that the tenant had renter's insurance. I got a call from an attorney about the dog bite, and I referred the attorney to my management company.

Can I be personally sued for this?


texts: Why does the Masterpiece Cakeshop opinion keep citing the age of the incident?

texts:
The Supreme Court decision on Masterpiece Cakeshop vs Colorado Civil Rights Commission keeps noting, not just that the original incident happened in 2012, but that the legality of things had since changed:

Page 1:

  ... because of his religious opposition to same sex marriages—marriages that Colorado did not then recognize—...

Page 2:

  ... His dilemma was understandable in 2012, which was before Colorado recognized the validity of gay marriages performed in the State and before this Court issued [decision] ... Given the State’s position at the time, there is some force to Phillips’ argument that he was not unreasonable in deeming his decision lawful...

Etc, etc. These comments suggest that the concept of ex post facto laws would come into play, but nowhere in the discussion have I seen them mentioned. Why is that?


texts: Why can't the UKSC decide that the EWCA should've considered EWCA bound by earlier authority?

texts:
Source: p 84 Bottom. Introduction to The Study of Law (2010, 7 ed) by Stephen M Waddams.

  Miliangos v. George Frank (Textiles) Ltd., [19761 A.C. 433 (H.L.). It can never be part of the
  ratio decidendi of a House of Lords decision that the Court of Appeal [hereafter EWCA] should have considered
  itself bound by earlier authority. If the substantive conclusion of the Court of Appeal is correct the House of Lords is bound to affirm it, however much it may disapprove the conduct of the
  Court of Appeal.

I reference solely the UKSC, as it superseded the Appellate Committee of the HoL.

Why's the above true? Wouldn't this constraint on the UKSC, cause the UKSC to acquiesce in judicial activism by EWCA (even if the EWCA's substantively correct)?


texts: Transcribing music and the legality of using musical transcription

texts:
I'm learning to play an instrument and I would like to transcribe the songs I heard for later practicing. I have some questions regarding transcribing music and the legality of using musical transcription:

Is it legal for me to transcribe a copyrighted song?
Do I need permission to sell or give away my musical transcriptions for free, in both when case the transcription may imitate the original sounds or is a recomposition of the songs.
Can I perform the transcription in public, and the performance may involving profits for myself (i.e selling tickets, crowd donation, selling performance recordings...)


texts: When listing the price of parts on invoice for car repair, must the price be the one that the garage paid to obtain the parts?

texts:
When listing the price of parts (e.g., tires) on a work order or invoice for car repair in the United States, must the price of the parts be the one that the garage paid to obtain the parts? Or is it the garage allowed to inflate the price to make them margin on it?

If the answer is specific to the state, I am mostly interested in California.


texts: In the state of Maryland, are there codes governing apartment building garage doors

texts:
I haven't been able to find anything on this particular issue. Are there safety regulations governing the type, maintenance, operation, etc. of garage doors in the state of Maryland for condos/apartments?

It would seem there probably should be some law governing necessary postings, regular maintenance, etc. to guarantee safe operation of an apartment garage. A reference would be great.


texts: Legal boundaries of the creation of a shortened version of a long book written by someone else

texts:
I know some really good books which are extremely long (e.g. 1000++ pages). It would be good if more people can know the content of those books. Unfortunately, they did not even start to read them unless they were much shorter, which is reasonable, not everybody have the time and/or discipline to finish such a long books.

What were the legal bounds or ethical issues if I created a shortened/summary version of those books (let's assume I do not copy any sentences from the original books, but I may use some of the examples of theirs and the logical structure of the books would be the same) and I self published them on Amazon.

I would recommend to my readers to read the longer/original version of the books if they liked mine or if they need more detailed information.

I feel that there is a lots of work to reduce the content of those books (again, I do not intended to just delete some paragraphs but I would write new books) and the best would be that if I do not have to deal with the original publishers.


texts: Can I “de-commodify” ideas by means of the Creative Commons?

texts:
I often have ideas for a product or a company. Instead of resorting to intellectual property law and patents to protect my ideas, I'd like to encourage as many people and organizations as possible to make use of my ideas. As long as they cite and acknowledge me as the originator of the idea, they're allowed to employ them to create new products or write articles about it.
At the same time, I wish to prevent these other people and organizations from patenting my ideas. They can make use of it, but not keep the intellectual property to give themselves a competitive advantage. I'm therefore considering to license my ideas by means of a CC-BY or CC-BY SA license.
My question is: would either (or both) of these these creative commons licenses allow others to make use of my ideas for commercial purposes, while at the same time prevent them from appropriating my ideas by means of patents?


texts: Why are lawyer referral fees considered "unethical?"

texts:
According to this article the Avvo lawyer referral program was ruled unethical.

the Avvo website offers an impermissible referral service, in violation of Rules of Professional Conduct 7.2(c) and 7.3(d), as well as improper fee sharing with a nonlawyer in violation of Rule of Professional Conduct 5.4(a).

Joe Pastorek seems to agree:

As old Professor Rault used to teach at Loyola–usually referring to Pastorek v. Lanier Systems Co., 249 So.2d 224 (La.App. 4th Cir. 1971)–“If you call a tail a leg, how many legs does a cow have? Four! The tail is still a tail, no matter what you call it!”
Whether you use language to disguise something or not, it’s legally still what it is. I guess “It is what it is” is a legal truism.
I always wondered if this was the basis of Justice Roberts’ thinking in the ACA “it’s really a tax” holding.

However, as Ernie Svenson points out:

Whenever I read about these kinds of turf war battles between the regulatory protectionists and the new innovators of legal services I’m more interested is someone (Bueller? Anyone?) explaining: (1) what harm the old rule was designed to protect against (2) is that harm still a real problem, and/or as much of a problem, and (3) does the new innovator’s system cause harm? [emphasis mine]
It’s astonishing that we lawyers never feel any obligation to revisit the reasons for a long-standing prohibition. We keep our blinders on and focus total analysis on the letter of the law.
So how exactly is Avvo’s scheme (assuming as we lawyers in Louisisna apparently must) causing some grevious public harm?
BTW, I was shocked to learn a year ago that in Florida local bar associations make referrals to attorneys and get a fee for doing so.
I was never able to get anyone to explain to me how that’s okay.
But hey maybe the reasons for laws that were passed long ago don’t matter. Our elders were wise so we should just “shut up and do what we’re told”

So my questions are:

What harm the old rule was designed to protect against?
Is that harm still a real problem, and/or as much of a problem?
Does the new innovator’s system cause harm?


texts: What, if any, consequences exist in practice for "purchase required" sweepstakes & drawings?

texts:
I frequently see promotions like the following: "If [and only if] you make a purchase or donation, you will be entered into a drawing to win X."

Larger and more conservative corporate sponsors of such drawings often have fine print saying "No purchase necessary, for official rules that include an alternative method of entry click here." This leads me to think that alternative methods of entry are required and that there are rules about requiring purchase or donation in order to be entered (and they probably fall under "illegal lottery" rules).

However, I also commonly see examples where there are no alternative methods of entry (e.g. no official rules, short official rules that don't include it, official rules that link to a 404 Page Not Found for alternative method of entry, or alternative method of entry pages that don't allow you to enter the drawing being advertised as tied to the purchase/donation).

From the perspective of a potential offerer of such promotions, I can see why there's clear incentive to simplify and only offer an actual chance to win to anybody who's doing the requested action.

From the consumer perspective, I don't see how any individual would have standing or individual damages that would motivate or permit anybody to do anything about it.  Individuals/consumers also don't have places to report such observations (do they?), and any state or federal agencies would find even giveaways worth a few thousand dollars not worth doing anything about.  Most prizes are worth a lot less; are there official thresholds where the rules do/don't apply?

As described above, incentives seem aligned to permit organizations to advertise publicly even if some percentage of observers will notice potential violations of rules/laws.  What, if any, practical consequences could (or recently have) come to organizations for offering such an incentive?

Assume US law; if states matter try NJ, PA, NY, and/or CA and/or assume Web-based promotions, according to what's most convenient for you to answer.


texts: Data Scraping public athlete name and performance data. Does this need to be treated as personal data?

texts:
Consider the following data for amateur/professional athletes:

Athlete name,
Athletic event + best performance data

e.g.:

Joe Bloggs
5k 19:00
10k 40:00
Half Marathon 85:00
other events etc...

and high level system outline:

Data is collected from publicly available sources (data scraping)
Data is stored (cached) for up to one year
Data is made publicly available in a ranking format

Which personal data or copyright (or other) legal considerations need to be made about this data?

Is there a difference between doing this kind of thing for team results or individual results?


texts: Comply with CC-BY-NC 4.0 while building API

texts:
I'm building an API using content shared under CC-BY-NC 4.0 license (one of Wikia's wikis). An API is basically a webpage designed to be read by machines, not by people, so no advice from CC wiki actually aplies to my case, because, in the API, there is no markup, just pure data. How should this be resolved?

Should the licensing data be included in every response read by machine, even though machine will ignore it?
Or should the licensing info be available when whoever develops client software, asks for it specifically (like an additional parameter in URL)?
Should the licensing info be part of the response body, or should it be part of response headers(I prefer the latter if it doesn't matter)?


texts: Does the Fair Housing Act restrict landlords from offering incentives to educated tenants?

texts: Can a landlord in the U.S. offer a special deal to move in tenants who, let's say, have Ph.D.s or Master's degrees? Is this legal?


texts: Is it illegal to wear military surplus clothing?

texts:
I have heard that wearing parts of a military uniform in the US is technically illegal, even though the law is rarely enforced.

I purchased a military surplus jacket from a thrift store. The front has labels reading "US Army" and a last name across the chest. The shoulders have a unit patch and rank insignia (horizontal black bar for either lieutenant or warrant officer) on the epaulets, but no medals. The camo pattern seems to be ERDL, so it is a jacket that's not been in use for decades.

Could there be any legal repercussions for wearing this in the US (I am not affiliated with the military), without any other military clothing (eg. with civilian pants)? Is it necessary to remove the nametag and other insignia?


texts: Should I Reinstate My Business In Order To Dissolve It?

texts:
I have an LLC (in New Jersey) that I created about 8 years ago purely for tax purposes. I was self-employed at the time, and I thought by having an LLC, I could write off a bunch of expenses, and save on self-employment taxes. Anyway, I almost never used it, and it's just been sitting there, useless. I just got a certificate of revocation in the mail.

I just want to get rid of the business and be done with it. So the question is - should I:

Reinstate the business ($375 - $275 reinstatement fee + $100 annual fee) in order to dissolve it?
Don't take any action, just let it be revoked and leave it alone.
Something else?

I fear if I go route #2, I'll be penalized or somehow pay for bad standing in the future (or if I decided to create another business in the future, which is a possibility).

Ideally, I'd like to properly dissolve the business, but I don't want to pay $375 to do so.


texts: Force leave on bad faith is illegal, what does bad faith mean?

texts:
This is question about Philippines labor law.
Force leave or floating status is putting an employee for a specific amount of time away from work because of circumstances like no project or disaster.
However, this can be illegal if an employee is put on force leave for:

More than 6 months. Which basically the employee is terminated and will be given severance pay.
Force leave done in bad faith.

So my question is, what would be characterize as bad faith?


texts: What are James’ legal contract rights in this case?

texts:
James decided that he wanted to build a pool in his yard so that his kids would stop asking to go to his brother’s house all of the time to get in their pool. On February 1 James contracts with the Super Pool Company. The relevant terms of the contract are that Super Pool will complete the pool by June 1, 2019. The parties sign the contract. The price for building the pool is 20 thousand dollars. But, on April 1, 2019, Super Pool notifies James that it cannot complete the pool by June 1 because it has taken on too many projects to complete. Of course, James is mad and wants his pool completed by June 1, 2019. James calls around and finds another pool company that can complete the pool by June 1, 2019, but the price that the company will charge is 35 thousand dollars.

James has come to your law firm and wants to know what he can do in this situation, if anything, to get his pool completed by June 1 for 20 thousand dollars.


texts: Selling second-hand products from a single brand?

texts:
Does operating an online business that specializes in selling second-hand products for a single brand (using their model names to simplify the search of available used products) could cause legal problems?

Thanks!


texts:
One of GDPR Lawful Bases for Processing Personal Data (and that means Collect; Access; Store; Process and Share) is Consent.

Companies must have documented proof of Consent as per defined under GDPR Article 7 where it reads "... controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data..."

So the question is
How can Companies demonstrate in a documented manner that Consent was provided by the Data Subject, meaning the natural persons to whom Personal Data pertains?

The identity of the data subject and not someone else.


texts: Is altering a photograph of someone's face illegal?

texts:
I recently edited someone's face on Photoshop and posted it online. This face was not recognizable to anybody except to that individual. I did not name the person or intend to spread hate. But the original person made me take it down because they said it was "cyberbullying".

Was this illegal? Is what I did considered cyberbullying?


texts: Can someone contract to waive their renter/dwelling rights?

texts:
Here is a completely hypothetical question.

If I wanted to take a homeless person off the street, and let them move into a spare room/house, do they have any tenant's rights (i.e. I can't kick them out without a huge legal headache and court orders and such)?

If they have the aforementioned rights, can they "sign away" these rights prior to moving in?

How is the situation altered if consideration is involved? For example,  if I wanted to have the person as a live-in housekeeper, where their continued stay in the house would be based on their work.


texts: Can you be penalized for pleading not guilty if you're found guilty?

texts:
If you plead not guilty on a traffic ticket in New York City. If at the court hearing you are found guilty, is it possible for them to penalize you or charge you interest for the time elapsed since the incident?

I am referring to penalties/interest in addition to the fine written on the ticket.


texts: How does Bing get away with showing Youtube videos on its own site?

texts:
Bing shows Youtube videos directly on its own page instead of sending the traffic to Youtube. How do they get away with copyright etc? Do you have legal support by only writing who uploaded it and linking to the source?
I assume that Bing is a competing business to Youtube and if Youtube could have, they would have forced Bing to send over the traffic.


texts:
I was just reading this sublease agreenment and find it very strange that it doesn't have a section clearling indicating when the payment is due.

https://www.ilrg.com/forms/sublease/us/pa

The closest it has is

  RENT PAYMENTS:  The rent is $ ________ per month, payable in advance
  on the ____________ day of the month.

If payable in advance means it can be paid before then, then is it implied it MUST be paid before then?

Also what's the difference between sublet and sublease?


texts: Do courts award legal costs to successful pro se litigants?

texts:
Say someone represents himself in court and wins. There were no lawyers hired but the win costed him days of legal research (instead of working in his normal profession, paid per hour of factual work), paperwork/stationery, postal fees, petrol, parking fees, court application fees etc.

Do courts normally award those costs on application? Say they are lower than if a lawyer was hired.

Jurisdiction: any common law country.


texts: (UK) Data Protection Act - Deleting offline data

texts:
I have a question regarding the Data Protection Act and the deletion of users private information. If a website was running a weekly backup of users private data (name, date of birth, address etc.) and then these backups were being placed in an offline server where they were archived, what system would there have to be in place regarding the deletion of users private data?

If for example, a user wanted to delete their user account on this website, would the deletion on the online server be enough, or would a technician have to go through all of these backups to delete their data from those too?


texts: Legality of using Business name for copyright notice on website?

texts:
I have read that a copyright notice should include

  3) the name of the owner of copyright in the work, or an abbreviation
  by which the name can be recognized, or a generally known alternative
  designation of the owner.

REFERENCE:https://webmasters.stackexchange.com/questions/19310/website-copyright-should-i-use-my-name-or-the-websites-name

I would like to use my business name in the copyright notice on my website (the business name is the same name as the website name).

Example ----------> On www.business-name.com

Copyright © 2017 Business-name ABN XXXXXXXXX. All Rights Reserved.

Am I right in thinking that the business name is an alternative designation of the owner in this case? Therefore using the business name in the copyright notice is ok?

The business name is registered in Australia.


texts: Is trial courtroom layout prescribed by rule or law?

texts:
In the United States, in general criminal trial courtrooms, I have always seen the defense positioned furthest from the jury and the witness stand.  However, I gather that not only is there no law or rule prescribing this arrangement, but also there are some courts where it is not the case.

I imagine that a counselor for a defendant may have a number of reasons why he would prefer to seat himself and his client closest to the jury, or closest to the witness stand.  For example, the counselor may want to get a more acute read on the reactions of jurors or emotions of witnesses.  Or he may consider his client to have an attractive or sympathetic demeanor.  (Conversely, he may want to keep an unsympathetic client as far from the jury's eyes as possible.)

In criminal trials, does the defense ever (or always) have the option of choosing its position in the courtroom?  If not, is there jurisprudence that explains why this isn't considered an unnecessary handicap to the defense?


texts: Would the UK still have to leave the EU if they changed their mind after invoking Article 50?

texts:
After the brexit referendum results came in, there has been a lot of talk about Article 50 of the Treaty on European Union:

Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.

A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.

The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.

[...]

It is possible to imagine a scenario where the UK invoke Article 50, but then change their mind and don't want to leave (e.g. because the negotiated deal was not good enough, or because of new elections). It is also reasonable to believe that the EU would be happy to keep the UK.
From the news I am given the impression that the UK would have to leave if they invoked Article 50 even if both the EU and the UK agreed that it would be better if they stayed. Is that so?


texts: How does the justice system handle cases against persons who cannot be identified?

texts:
In a general sense, in the United States, how would the court system proceed in a criminal case against a person who cannot be and refuses to be identified?

For example: a person is arrested and charged with a fairly significant offense (let's say armed robbery). However, he will not give his name and has no identification on his person, police cannot discover his identity through their systems (fingerprinting, etc), and no one comes forward who knows him.

How would the average court system handle this case?

If it is related, how would the defendants Fifth Amendment rights apply to their decision to refuse to identify themselves? Are they within their rights to do so throughout the entirety of the proceedings, or at some point are they at risk of being in contempt?

Lastly, would this hypothetical unnamed defendant carry a criminal record after they served their sentence if found guilty, and their identity never discovered, and how could that be possible?


texts: Can unwritten administrative policies at a public college be enforced?

texts:
I am currently attending a two year college to get basic credits and then transfer to a university. I am going to be a computer science major, and am naturally a math enthusiast, but I already finished all my math credits and am taking no math classes at the two year college.

This morning I went into the math lab to work and program on my computer, but was kicked out because I am not currently taking any math courses and the guy told me, "It was school policy that I needed a math course to be in the lab". I left, and looked for the rules online, and I can't find them. I also went to another lab and asked where the tutoring lab rules and policies could be found, but they did not know.

Question:
Can you enforce policies if you cannot provide where to find said policies?

Here is the school's related websites that I could find:

Math department website
Website for the lab I tried to use
Student Responsibilities & Regulations


texts:
As per the Second Amendment of the United States Constitution one has to wonder if there are any restrictions with regard to the type (or destructiveness) of arm you shall bear.

If someone could afford the bill and be in safety/inspection/regulation compliance and seek to bear the arm of nuclear weapons one has to wonder if this would be their constitutional right.

Do people have a legal right to own nuclear weapons? Why or why not and has anyone ever taken such concerns to a court for a legal judgement on the matter?


texts: What if a DAO (decentralized autonomous organization) breaks the law?

texts:
A DAO is a decentralized organization, typically powered by cryptography. It works much like a business, but without borders. Although a DAO typically receives instructions from its stockholders, it is ultimately controlled by its code.

One particular DAO, ominously known as The DAO. It's mission statement:

  The DAO’s Mission: To blaze a new path in business organization for
  the betterment of its members, existing simultaneously nowhere and
  everywhere and operating solely with the steadfast iron will of
  unstoppable code (emphasis present in original source).

It already controls at least $20 million worth of assets, and it hasn't even started doing stuff yet!

My question is, what happens if The DAO or some other decentralized organization breaks the law? For example, what if it breaks contracts, breaks copyright law, doesn't pay taxes, hires assassins or jay walks?

Would its shareholders be punished?
Would its contractors (people it pays in the real world to do its dirty work) be punished?

Note that it could still theoretically do things like commit financial fraud (such as ponzi schemes) without requiring contractors.

Would people involved in the crypto systems allowing it to exist be punished (in the case of The DAO, ethereum miners).
Would the original programmer be punished?

Note: I'm not saying The DAO or any other decentralized organizations will break the law. The DAO is even thinking of donating money to charity, which quite a nice thing.

I guess practically a problem that might arise is that these things often operate internationally, and so if the values of the stockholders are based on one jurisdiction, and they don't really care about complying with the laws of other jurisdictions, you would have a problem (especially if they knew that there was nothing that those other jurisdictions could do about it).


texts: What was the first instance of a US State striking down a law as inconsistent with that state's constitution?

texts: Marbury v Madison has international fame (to this English lawyer at least) as establishing the federal courts' power to strike down statutes inconsistent with the federal Constitution.  However, I do not know and I cannot find the basis and origin of US state courts having the power to strike down state laws as inconsistent with state constitutions.  What was the first instance of this occurring, and was it before or after Marbury?


texts: How can I get a patent/Copyright for the puzzle game I invented?

texts:
I have invented a new puzzle game which I have able to play on paper.

However, I want to create a mobile app/web app to let other users play like other below games.

Example: Threes, 2048

But being not a good UI developer myself, I was thinking to contact other UI developer. But if I tell the idea behind my game to them, they could ignore me and launch the game themselves.

How can i get Global copyright access for the puzzle game I invented?


texts:
I worked for a small business for 2.5 years. I recently resigned and put in my two weeks. I was told to clean out my desk and leave immediately.

The business is in Michigan, USA and employs 7 people. I asked my former employer if I could do COBRA for my health insurance until my benefits kick in at my new job.  He said he would look into it, he called me back today and said he would let me do it but I would have to pay him my premiums directly, not the insurance company and that I would have to stay 2 months ahead in payments.

Am I eligible for COBRA from such a small company?
Does it make sense that I would need to pay him and not the insurance company?
If 1 and 2 are yes. Is he required to provide me any official documentation in regards to the full costs of my premiums
if 1 and 2 are true, can he require I keep 2 months ahead in payments?


texts: Trademarks: Can I start an app if an unrelated trademark already exists?

texts:
I'm trying to start an app in the skin care category. I'm trying to come up with names, and one of the ones I'm considering is Bree.

However, when I search USPTO for "Bree", I see a ton of results: http://tmsearch.uspto.gov/bin/showfield?f=toc&state=4809%3Aux0o5h.1.1&p_search=searchss&p_L=50&BackReference=&p_plural=yes&p_s_PARA1=&p_tagrepl%7E%3A=PARA1%24LD&expr=PARA1+AND+PARA2&p_s_PARA2=bree&p_tagrepl%7E%3A=PARA2%24COMB&p_op_ALL=AND&a_default=search&a_search=Submit+Query&a_search=Submit+Query

I even see repeats of "Bree". Does that mean I can start the app without having to worry about trademark issues?

The most active one is by bree.com, but that's selling bags: http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4808:mdl1q0.2.26


texts: Why is the name of the case also called 'style of cause'?

texts:
The "style of cause” is the name of the case.
The names of the parties in a lawsuit.

Am I correct that 'cause' refers to cause of action?

But 'style' and its earlier meanings appear unfit?


texts: Who would declare a law unconstitutional if the Supreme Court couldn't?

texts:
Let's say the US Congress is passing a law. They are afraid that it would be declared unconstitutional in court, so they add an addendum saying "It is illegal for the Supreme Court to try this particular law in court."

Now, the law is obviously unconstitutional, since the Supreme Court has a constitutional power to try any law in court. That being said, as far as I know, a law is considered in effect until declared unconstitutional. It is illegal to break an unconstitutional law, until declared so. But if the Supreme Court can't try the law, it can by definition never get declared unconstitutional by them.

My question is, who could then? Is there a check/balance in place that would allow that would allow the law to get declared unconstitutional?


texts: I understand the spitting at someone intentionally in the UK is an act of assault; my question is more in the relation to the acceptable forms of retaliation, whether throwing a punch for example would be deemed as reasonable or whether this would then qualify as an assault itself but on your part. What is the best way for a member of public to respond to this form of assault, being under UK (or EU) law. Any response is greatly appreciated.


texts: Can sitting US Senators violate the Logan Act?

texts:
The Logan Act (18 USC 953) is pretty stark in its language:

  Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

Clearly a Senator is a citizen, and falls (obviously) quite easily under the umbrella of "whoever he may be." If the Senator negotiates with a foreign official pursuant to their political policy interests and not the President's,

  the sole organ of the nation in its external relations, and its sole representative with foreign nations (John Marshall 1800; see Annals of Congress, House of Representatives, 6th Congress, 1st Session, page 613)

can, if a Senators political policy interests are not in line with the sitting POTUS', any violation make sense?

I am simply playing Devil's advocate here and do not support this interpretation and would not if its correct. Although I would be curious for a full sourced and detailed answer to this question.

Thank you!


texts: If a customer doesn't have money on them, is there way to put down their information so that they pay later for what they took?

texts: I want to sell articles of clothing but it is possible that the individual doesn't have money on them. Can I put down their information and have them sign to where they can walk away with the article of clothing and pay me later?


texts: Police jurisdiction outside of their agency's area

texts: In Georgia can a municipal police officer, still in his official cruiser, but outside of the his municipality's limits, pull you over for speeding?


texts:
I'm trying to understand (as much as is possible given the uncertainty) the implications of Brexit on data processing / GDPR and how it pertains to my clients.

I have several UK-based clients, all using the Amazon Ireland datacentre for storing and processing data. Some of these clients have customers exclusively within the UK, others have a customers world-wide. All are deemed to currently operate within the GDPR.

In the event of a no-deal departure on Oct 31st, what would be the effect on:

a) the clients with UK-only customers. Would they be able to continue storing their data in Ireland? From the latest guidance at https://www.gov.uk/guidance/using-personal-data-after-brexit:

  UK businesses and organisations will continue to be able to legally send personal data from the UK to the EEA and 13 countries deemed adequate by the EU.

I believe this is the case.

b) the clients with EU customers. While the guidance at the above link states clients must:

  include Standard Contractual Clauses (SCC) or other Alternative Transfer Mechanisms (ATM) to ensure that you can continue to legally receive personal data from the EU/EEA

this doesn't mention any implications on where this data is processed. From the EU perspective I can't imagine that it matters where the processing happens (since ultimately the data is being held by a UK-based company), so again are these clients able to keep using in the Ireland datacentre provided they comply with the above?


texts:
I purchased two items from Amazon in the same order: A gadget powered by a 12v car power socket, and a mains-to-12v power adaptor that was purchased specifically to power that gadget from the mains.  The gadget has a design defect so I'm going to return both these items.

Amazon will let me return the gadget free of charge.  However, Amazon are going to charge me return postage for returning the power adaptor.  This is because the power adaptor is "no longer required", not actually faulty itself.

Are Amazon allowed to charge for returning the power adaptor, given that the thing it was to power is faulty?


texts: Can a Texas landlord have the rental contract microscopic / unreadable?

texts:
My landlord in Texas has the whole residential lease contract formatted for Legal paper, but, for whichever reason, they instead print the PDF as zoomed out on Letter, and the whole thing becomes unreadable small print with wide empty stripes left and right ("no text was cut", they proclaim).

They claim their procedure was cleared with their legal dept.  Is it in fact legal?

For example, in California, Sec 1630, has the following provision for some types of contracts:

  (b) All the provisions of the contract are printed legibly in
  eight-point type or larger.


texts: Can a company use pay to control their independent contractors?

texts:
I work for a certain transcription company as an independent contractor. The company pays me to produce transcripts of audio recordings the company provides. A pay rate is given for each assignment. If I produce a good transcript, I get paid all the money I was promised, but if I produce a less-than-decent transcript, I only get paid half of the promised pay.

One time, they cut my pay even though my transcript captured the majority of the content. The reason they gave for this is because I worked offline instead of using the Google document they give me the link to to create the transcript. They did this on one or two other occasions.

Is this legal? Can a company use pay to control how its independent contractors perform the work?


texts: Are there any major changes in patent law, besides AIA, in the past two decades?

texts: I'm referring to important rulings or legislation changes that impact how firms apply for patents or how they approach patent strategies.


texts: Double Jeopardy: Can someone re-file a dropped suit?

texts:
Scenario:

Jane files restraining order against John due to alleged violent acts
committed by John towards Jane
John hires a lawyer: provides info that debunks all claims made against him
John's lawyer presents evidence to Jane's lawyer
Jane decides to drop the case in the realization that the malicious/false claim made were likely to result in her losing the case in court & to avoid having to pay for John's legal fees (which was requested in the response to initial suit)
John is advised by his lawyer to sue for malicious prosecution. John does not pursue retaliation

4 years have come and gone with no contact between John and Jane since the initial restraining order was issued

Question:

Is there a statute of limitations preventing Jane from bringing this case again, and if so can Jane request a restraining order for that actions John had taken against her four years prior?


texts: Can pay be witheld for hours cleaning up after closing time?

texts:
The bar in California, where I work, closes at midnight.  We start cleaning  (bar, kitchen, bathrooms, dishes) before we close, but only if it's not too busy. Once midnight hits, it takes 30 minutes to clear everyone out before we can start reconciling our banks/drawers (finding the mistakes on credit cards, etc.). Some nights cleaning and reconciliation don't finish before 3:00 am.

Fewer than 25 people work at this bar.

Is my boss legally allowed to stop paying us at midnight?

(Side note: we're paid $11 per hour, not the legally required $13.25 per hour.)


texts: Are editable word documents ('.docx' files) accepted in court as evidence?

texts:
I keep most of my business documents in Microsoft Words (.docx) file format. Problem is these documents can be edited and tampered with. For my signatures, I just copy and paste a signature image onto the file.

Question, will these documents hold in the court of law? If yes, what prevents someone from altering the contents of the document?


texts: Statute of Limitations for Military Secrets

texts:
Two U.S. nuclear submarines were lost in the 1960's. The media reported them as lost during testing or due to unknown causes.
Imagine a person who enlists in the U.S. Navy in the 1970's and works in anti-submarine warfare, gaining a secret clearance.
Suppose this person later claims he learned the truth about these submarines - the media lied.
If this person publicly revealed what really happened to the submarines, could he be prosecuted for revealing sensitive military information?


texts: Would the following constitute either "publication of private facts or copyright infringement?"

texts:
X sent an email to about 20 people with a statement about me that was false, (and arguably defamatory). The email claimed that I should not be one of them (I'm paraphrasing), because I was not a graduate of an Ivy League School, when in actual fact, I am a graduate of such a school. X also asked people specifically not to show the email to Tom Au.

Y reported this to me. But Y was afraid to show me the email on the threat of being sued by X for publication of private facts. (This tort can be "aggravated" by sending information through email.) Y also feared that X had a "copyright" on the email.

Did Y have a reasonable fear of being sued for "publication of private facts" by X, given 1) that the alleged "facts" were about me and not about X, and 2) "Tom Au is not an Ivy League graduate" would not be offensive to a reasonable person, and 3) the email had been circulated to 20 people, basically, all of X's and my mutual acquaintances. except me and 4) Y initially planned to show the email only to me?

Would Y violate X's copyright by 1) sending me the email or 2) showing me a hard copy?


texts: Can I permanently waive all my past and future copyrights?

texts: Is it possible to commit a "copyright suicide", for example to show disagreement with the system, by publishing a waiver (such as CC0, digitally signed to confirm it was really me who published it) stating that it applies to all past and future works one creates?


texts: Can a founder 'gift' pre-existing assets to a company after hiring a cofounder?

texts:
I live in the U.S.  Suppose that I create a company with a deposit of $10,000 and want to bring in a cofounder for an equity stake of 15% in this company.  I have personal assets like computer code, patents, and equipment developed or obtained before founding the company and worth $90,000 in the context of the company.  If I give these to the company before I bring the cofounder on board, then the cofounder must pay income tax on $15,000.  If, however, I hire the cofounder before these are merged into company assets, and then simply give them to the company as a "gift" (without compensation in stock), then the cofounder pays income tax on only $1500 while everything else remains equal.

The question is whether I am able to take the second approach under any conditions, and if so, what these conditions are.  Is there a dependence, for example, on the numbers above, or on the state in which all this takes place?


texts: Can you go to jail for not paying taxes?

texts:
In what circumstances can you go to jail for not paying taxes in the US/UK?

For instance the company doesn't pay taxes for very long time and government can't take any money from the company. Is it different whether it's sole-trader or sole-member LTD/LLC company?


texts: How does one supreme court case set the standard for all following cases?

texts:
I was reading about forced arbitration clauses, or class action wavers, which are a type of contract of adhesion which can come with some products and services. Historically, these were deemed unenforceable;

for good reason, I think, because if eventually every service or product came with a contract which prevented consumers from filing a lawsuit or class action if, say, for instance, the product or service caused injury or death, like a car with braking system flaws, or a child's toy that causes cancer, etc, then we'd live in a world where corporations could shove whatever they wanted down our throats, cause injuries and death, and we could do nothing about it, because we "agreed to a contract" by using their product or service in the first place (and in this scenario there would be no alternatives, so you either risk using products that could kill you, or you go live in a cave or something).

So while I was reading about arbitration clauses, I learned about "ATT Mobility vs Concepcion", which is the case which changed the precedent, and allowed these kinds of clauses to be enforced.

What I want to know is, does this mean that arbitration clauses will always be enforced now? or does it simply mean that in certain cases they can be enforced?

Does a supreme court case set the precedent for how all similar cases from that point forward will be decided? because I've always heard supreme court cases referred to in such situations; as if they mean that such cases have already been settled due to one supreme court case involving a similar subject.


texts: Profit from selling a game app through app stores

texts:
I want to upload an app to various app stores, and profit from it. Do I
have to be registered as a "moral person" or can I get profit of it as a "natural
person"? Also I want to know if I have to pay taxes on the income from the app (I'm from México).


texts: LLC Registration - Ecommerce, All States Required?

texts:
As far as I can tell, for certain, in the USA, one must register an LLC in the state of operation. However, if you're an ecommerce site, you may be doing business in all states.

I believe rules of nexus may apply here, like nexus for tax purposes. In which case, many states now have economic nexus based laws, which make me wonder about nexus for LLCs.

Does anyone have information on whether or not an LLC needs to be registered in all states in order to operate as an ecommerce company, or is just the state of operation required?


texts: Do any countries have effective policies that bolster common convention and the rule of law itself?

texts:
In the United States, we have a problem where a certain individual continues to flout long-held common convention, safeguards against autocratization, and even several very old and cherished laws that don't have effective means of enforcement or punishments attached. Many people argue that to codify the conventions or provide enforcement/penalties to the laws would excessively limit the position's ability to function effectively.
Are there any countries that have managed to bolster their long-held convention, democratic safeguards, and/or constitutional laws that do not excessively burden the ability of the executive to continue its normal tasks and do not contribute to autocratization or destruction of the rule of law? And how did they do it?


texts: Do DOT and EU 261/2004 also apply to Expedia (or other OTA)?

texts:
Department of Transportation and EU regulations clearly state that the customer is entitled to cash refund in case the airline cancels a booked flight. Obviously many airlines at the moment are refusing to do this.

Questions:

Do the same regulation apply to tickets not directly booked with the airline but through a third party like Expedia ?
Is Expedia required to at least honor the cancellation rules of the airline

Background:

We booked Air France tickets on Expedia and Expedia cancelled since Air France cancelled the flights. Expedia offers airline credit but it's extremely restricted. Basically you can only use it for a single ticket on one booking for the same person on the same airline departing from the same country and costing the same price. Ideally we want cash back or at least Air France's conditions which offer a voucher that becomes refundable after one year. Expedia has removed the original fare rules from their website but they didn't include any specific verbiage about cancellation by the airline.We like to charge back through the credit card company but would like to understand the legal situation first.

Links to the regulations

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32004R0261&from=en
https://www.transportation.gov/individuals/aviation-consumer-protection/refunds

UPDATE ON EXPEDIA VS AIRLINE
In this case I think we need to deal with Expedia since they took our money (not Air France). If we were to execute a charge back, we'd have to do it against Expedia. I had a different booking with Priceline on Air China, but in this case Air China charged us and also refunded the money as well (without any problems, I might add).


texts: Both parties have retained a lawyer, what if the other party still communicates to me directly?

texts:
The other party started to use a lawyer, and then I retained a lawyer and responded  to their letter.
But what if they still contact me directly about the matters lawyers are dealing with?
What type of wording should I use to write back to them?


texts: Does "shall" in a contract preclude the other party from performing a task?

texts:
Suppose I have a firm named Blue. I signed a contract with a firm, named Green, to manage our fleet of motorcycles. The contract states "Green shall solicit and negotiate contracts with qualified independent contractors approved by Blue owners for repairs to the property motorcycles".

Does that statement prevent our firm, Blue, from contacting and negotiating contracts directly with contractors to repair our motorcycles?


texts: Risky to provide summary of legal document with the document?

texts:
I'm planning on including Terms and Conditions, Privacy Policy, etc for users of my website. Following best practices I want to require affirmative "I agree to the terms and conditions" (or similar) checkbox. On the terms and conditions page I would like to include the full legal text as well as a bulleted summary at the top to give users increased confidence in the safety of the service and their data.

However, legal documents are very explicit and worded very specifically for a reason. Is there risk in summarizing a legal document into high level bullet points to provide easy consumption for readers in addition to the verbose text? IE, users are agreeing to the verbose text but here are the main points which are non-binding and for their convenience.


texts: Is it against a Terms of Service/End-User License Agreement to not read it?

texts:
In many Terms of Service/End-User License Agreements, there is a statement either as art of the confirmation check box to agree to said agreement and/or as a part of the agreement itself that says something along the lines of "Please read this agreement in its entirety, by agreeing to this agreement/checking this box, you are acknowledging that you have read, understand, and agree to all terms/linked terms/linked agreements/etc."

What I'm wanting to know is if by not fully reading and understanding these agreements, am I in violation of these terms and the agreement?


texts: For a website owner's ToS to shield him/her from liability, does it have to be written in terms of a proper legal entity, like an LLC?

texts:
Suppose Bob and Terry Jones own the domain example.org, and are going to start a website called ExamplePedia. It will be a lot like Wikipedia: a non-profit, web 2.0 site, hosting collaboratively edited informational content, for the public good.

Since the Wikimedia ToS is available under cc-by-sa, it makes sense for Bob and Terry to copy it and make appropriate substitutions. But how?

Wikimedia's ToS explains that

  "we" or "us" will refer to the Wikimedia Foundation, Inc.

What do Bob and Terry put here? It seems like there are a few options:

  (1) "we" or "us" will refer to Bob and Terry Jones

  (2) "we" or "us" will refer to example.org

  (3) "we" or "us" will refer to ExamplePedia

Or maybe Bob and Terry should form a proper legal entity, like ExampleWorks, LLC, and use

  (4) "we" or "us" will refer to ExampleWorks, LLC

Now suppose something posted on ExamplePedia infringed copyright and the
copyright owner wanted to sue.

Would (1) would leave Bob and Terry personally liable, even though the ToS clearly states that they only host the content, and the users are responsible for it?

Options (2) and (3) sound nice, but are they in any way legitimate? Surely
example.org and ExamplePedia don't become real legal entities, just because Bob and Terry own the domain name, and call their website a certain thing...or do they?

Is (4) the only way to actually limit liability?


texts: Licensing header for protecting the idea

texts:
A student asked me which license suited best for her project, but I couldn't reply.

Here's what she told me:

The student project was in collaboration with a brand;
The goal of the project was to help to brand to make new tools and to grow;
She didn't sign anything, no legal document, at first. But when the project was finished, her professor told the students their had to sign a document he forgot to give. This document stated the "[student] yields graciously to [the brand] every work...". She didn't sign it as is, but added that she wanted the following point;
All she wants is if [the brand] uses the whole project or part of it, internally or publically, they mention her name noticeably everywhere her work can be visible.

Is there a license or something she can write on a LICENSE file, or at the top of the header of the files?


texts: Is it legal to copy a website's terms of use?

texts: I was wondering if it's legal to copy a website's "Terms of Use" policy, and then use it on your own website?


texts: Terminology for contracts in multiple Languages

texts: My company is having contracts drafted in both English and Japanese and we want to have the English version take priority over the Japanese. Is there a specific legal term for this structure?


texts: What legal precedent exists for states blocking their governors extended stay at home orders?

texts:
Several states now have had their extended Sam home orders challenged by lower courts, before they were advanced to their state supreme courts. What constitutes this? I would assume that during any kind of emergency, certain actions have to be taken, but maybe because there’s little find typic evidence, this is more of a political and legal gambling game that we are playing with the virus.
I mean, yes, the stay at home order can’t go on forever, for a eventually has to be lifted at some point, but I think that the way it’s being addressed is based on politics, instead of science.


texts: Can a signature be valid without a name datum associated with it?

texts:
I noticed that my signature got less readable over time, but improved in unique characteristics which is a positive development in my opinion, since I never see a form without a field for first and last name and it's thus not necessary to identify me based on the signature which in the same time gets more unforgeable. It's definitely practical to have name fields on a form, but I was wondering whether there's a legal rule (probably a very general one) which requires a signature to be collected together with name data only in order to be valid (meaning to have the effect you intuitively expect after signing a contract or form).

Maybe there's a difference between contracts and forms.

I doubt that the law in Germany and the EU hasn't converged, yet, so I'm interested in the rules for the latter or both if there's a difference.

The question arose out of curiosity and to be able to be a smart-ass if someone ever annoys me because of the unreadability of the signature.


texts: In the US if there's loophole in a CFR does it go to the challenger?

texts:
I was wondering if a loophole in a where a law says "must" and not "must meet all" can be used to get bend the law in your favor.

example:

  (a) Eligibility for consideration. To be eligible to apply for
  consideration under Public Law 95-202 and this part, a group must:
  (1) Have been similarly situated to the Women's Air Forces Service
  Pilots of World War II. (2) Have rendered service to the United
  States in what was considered civilian employment with the U.S. Armed
  Forces either through formal Civil Service hiring or less formal
  hiring if the engagement was created under the exigencies of war, or
  as the result of a contract with the U.S. Government to provide direct
  support to the U.S. Armed Forces. (3) Have rendered that service
  during a period of armed conflict. (4) Consist of living persons
  to whom VA benefits can accrue. (5) Not have already received
  benefits from the Federal Government for the service in question.