texts: What does equitable mean, especially in special education law?

texts:
I understand equitable as it's used in ordinary speech, but not in the legal sense, apparently.

Here is some legal text I'm having trouble understanding:

  "In order to have a chance at reimbursement, a court must find: (1) that the student was denied a FAPE at their public school placement; (2) the private school was an appropriate placement; and (3) there are no equitable considerations that would require the court to reduce or deny reimbursement for the parents.  [...] The third prong, which assesses equitable considerations, often acts as a catchall for evaluating the reasonableness of the parents and the school district." - Navigating Tuition Reimbursement.

I have tried law dictionaries.  Here's an example of something that didn't help:

  refers to positive remedies (orders to do something, not money damages) employed by the courts to solve disputes or give relief. - The Free Dictionary.

Here's another example of some text that uses the word equitable in ways that I don't understand: - THE UNITED STATES SUPREME COURT.


texts: What is your liability in case the terms of software license are mis-stated?

texts:
To install software, you virtually always have to have a license to do so, which states the conditions that you must observe in order to have permission to install the software. Sometimes an institution obtains a license from the rights-holder which allows them to distribute copies in a specified way, subject to a set of conditions on X imposed on the end user. (I believe this is what "sub-licensing" refers to).

The institution may err in its statement of the sub-license terms, for instance omitting a specification "non-commercial use only". In that case, the end user is misled as to what their actual legal relationship to the rights holder is: they have not been told that the software may not be used commercially, but permission was contingent on that restriction. The user also has no way to know what the license agreement is between the rights holder and the institution (except if the terms of that agreement are published). Using the software for a commercial purpose is thus not permitted, and the user has infringed on copyright.

Although the user is innocent, they still did the act. As far as I know, the copyright statutes do not require any particular mental state for liability so there is no innocent infringement defense. 17 USC 504(c)(2) does allow mitigation of statutory damages:

  In a case where the infringer sustains the burden of proving, and the
  court finds, that such infringer was not aware and had no reason to
  believe that his or her acts constituted an infringement of copyright,
  the court in its discretion may reduce the award of statutory damages
  to a sum of not less than $200.

The user might then sue the institution to recover that amount.

However, a lot of law is written by the courts. So my questions are (1) is it correct that there is no statutory provision that makes such a user non-liable and (2) is there any case law that nevertheless makes an innocent infringement defense possible? Mainly I am asking about US law, but facts from other jurisdictions are also welcome.


texts: Can U.S. states establish state religions?

texts:
The first amendment says:

  Congress shall make no law respecting an establishment of religion, or
      prohibiting the free exercise thereof; or abridging the freedom of
      speech, or of the press; or the right of the people peaceably to
      assemble, and to petition the Government for a redress of grievances.

The tenth amendment says:

  The powers not delegated to the United States by the Constitution, nor
      prohibited by it to the States, are reserved to the States
      respectively, or to the people.

Since Congress can not establish a religion, and any power not delegated to U.S. by Constitution is reserved to the States, this seems to imply that the States can establish religions. Is this correct?

If, say, Florida wanted to make Scientology the official religion of Florida, would the federal government have any right to prevent this?


texts: North Korea's participation in Tokyo 2020 Summer olympics

texts: Since Japan doesn't recognize North Korea as a country, nor they have embassy or formal diplomatic relations, how will North Korean Athletes participate in the next Summer Olympics if they can't receive travel visa to get into Japanese territory?


texts: Can I claim for time spent preparing for a court case?

texts:
I was involved in a car crash almost 2 years ago.  I had to go to court and give evidence as to what happened and the other driver was found guilty.

My insurance company is now having to start legal proceedings again because the other person's insurance company is refusing to pay for the hire car I used whilst the damage was assessed on mine.

The whole thing is starting to drag out and I'm having to spend time looking through old insurance policies and work documents because I was covered by my company's business insurance at the time.

Can I submit claims for the time I'm having to spend trying to contact my old employer, looking through paperwork, etc.?

Can I only claim back the money if the case goes to court, or can I claim it even if it doesn't?

UK law applies


texts: Are performance bond and sanction the same thing?

texts:
I am translating a legal text into English. The original text (Persian) has footnoted "Zemanat Ejraii" which literally means performance bond as sanction but I doubt its correctness. Looking up both terms in legal dictionaries, I infer that performance bond is more appropriate in the context of providing guarantee for performing in accordance with some international agreement or treaty, but sanction is probably most suitable in case of punishing an infringement or breach. Part of the context says:

  Realization of sanctions in each legal system depends on creating two elements: the legal element i.e. measures predicted in law against violation of legal regulations and the executive authority superior to society powers that requires a power to ensure law enforcement across the whole society, being able to counter any rioting power and enforce predicted punishments (Bagherzadeh, 2002).

I assume performance bond should replace all occurrences of sanction in the context, but I am not sure this is the case due to my little background in law.


texts: The condition of amendment in US constitution article V: Does it have any practical effect?

texts:
Article V rules how the constitution can be amended, provided that

  ... no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.

Given these texts, it seems that the content of an amendment has some restrictions. However, if the legislators and the states want to amend one of these provided conditions, say equal Suffrage in the Senate, can't they just do two amendments, in which one amends article V itself followed by the Senate related amendment? In this sense, the threshold to amend the Senate rules is not really increased, despite a possibly longer amendment procedure.


texts: Can I prevent co-owners of my house from making modifications without my consent?

texts:
I live in the US (Massachusetts) and I jointly own a house, along with my wife and her parents (who live with us). I have noticed a frustrating trend recently with the other co-owners making repairs/modifications without informing me beforehand or asking my consent. For example, the other week my Father-in-law made a new doorway in the fenced storage area under the deck in our back yard, which I was not consulted about. I have tried discussing it with them on several occasions, but my protests seem to be falling on deaf ears.

So, I am wondering if I have any legal options to prevent them from unilaterally making modifications to the house? For example, could I apply for a court injunction to prevent them making modifications without my express consent?

Edit: Of course, they are my family and I'm not saying I would like to see them dragged off and put in jail/punished. But, if push comes to shove and the 'diplomatic' approach fails, I am thinking that a court summons or some type of official court order might have a 'wake up and smell the coffee' effect of showing them that I am dead serious about asserting and defending any legal rights that I (may) have, as a joint owner.


texts: Can I force my wife to have a DNA test on a child?

texts: Long story cut short my wife had an affair while we were still living together and I found out she was pregnant shortly before finding out about the affair. She resists talking to me about the unborn child now we are separated as she doesn't want her new partner to know we were sexually active during the affair. Can I force a DNA test to be carried out as we are still married and weren't separated at the time the child was conceived.


texts: Terminology for a change in a state's status without a change in its constitution

texts:
This will be a terminology question, but first I have to explain some situations.
In the U.S., each state has a written constitution that is higher than any act of the state legislature and is what grants the legislature its powers, and specifies how the state's government is organized. The constitution is drafted by statespersons within the state and voted on in a referendum within the state or within the area that is proposed to become a new state.
In all but one instance, when Congress as admitted a new state to the Union, a new constitution of that state took effect at the time of admission and superseded whatever system of governance existed there before that, and a new governor and other new officers of the state (legislators, judges, etc.) began their terms.
Before March 4, 1791, a polity then called the State of Vermont was neither one of the states of the Union nor a territory governed under and according to an act of Congress (as was done in many territories later), but was under a constitution drafted and put into effect within Vermont without any participation from outside Vermont, just as in states of the Union. In October 1790 Thomas Chittenden was sworn in to a one-year term as governor of the State of Vermont, succeeding Moses Robinson who had likewise been sworn in as governor of the State of Vermont one year earlier, and less than five months later when Vermont was admitted to the Union, he continued uninterrupted in the same one-year term as governor of the State of Vermont under the same constitution of the State of Vermont, as did all judges, sheriffs, members of the Governor's Council, etc.
So now my terminology question: Should one say that this was the only state that did not undergo an internal constitutional discontinuity at the time of its admission, or would some other phrasing be more correct or otherwise better?


texts: Will a Muslim with multiple wives who travels to the U.S. be charged with polygamy?

texts:
If you are a Muslim with multiple wives, and you travel to the U.S., will you be charged with polygamy?

What if you are also a U.S. citizen?

(I'm just curious how this works for people from Saudi Arabia, etc.)


texts:
I was working as a Software Engineer (Contractor) employed by a contracting company "A" located in California but working for the client company "B" in New York state. The issue is that I didn't get paid for the last 2.5 months of my work. I have tried contacting company A several times. At first, they responded sometimes saying that they will pay me a week or two weeks later. But since last 2 weeks, they have stopped responding me.

I have asked New York State Dept. of Labor for help but found out in one of their forms that they exclude from wage payment coverage those persons in administrative, executive or professional capacity whose earnings exceed $900 gross per week. Since I come under professional employment category and my earnings do exceed $900 per week, is it likely that dept. of labor, won't help me get my unpaid wages?

What are the other options I should look into? Please advice. Thank you in advance!


texts: Can I use confidential information provided under an NDA for other work?

texts:
Let's say that ABC Inc provided me some confidential information (CI) for a potential contract that never went through. Now XYZ Inc has approached me and asked to work on this contract with them.

Can I use (but not share with XYZ or anybody else) the information I was provided by ABC? For example, let's say that this is a proprietary communication format. XYZ only wants me to verify that the network is operating correctly and that the messages are exchanged, they do not want detailed information on the data or the format.

Both XYZ, ABC, and I are US-Based companies.


texts: What happens to a permissive counterclaim after the original claim is dismissed?

texts:
Does the counterclaim survive when the original claim is dismissed, or are both dismissed at the same time/as part of the same action?

If the counterclaim does not survive dismissal, could the party still bring a separate claim against the opposing party?


texts: Can they license me if I already bought the product?

texts: I'm thinking software. If I bought an application, in full, in a retail store. Then I go to install the product, and they tell me I need to accept their license. Can they do that? Even though I already paid for the product.


texts:
this image is being tagged "CC BY-SA 3.0" on wiki.

https://en.wikipedia.org/wiki/Iris_setosa#/media/File:Kosaciec_szczecinkowaty_Iris_setosa.jpg

I want to cite this image as a figure in my book that will be published.

How to do this legally?

CC BY-SA 3.0 requires this license term

  ShareAlike — If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.

some paragraphs in my book is build upon that image, do I need to distribute those paragraphs under CC BY-SA 3.0?


texts: Are businesses in Wisconsin required to accept waste oil?

texts:
This morning I stopped by a Jiffy Lube with a couple gallons of waste oil, as I had just changed the oil in my car over the weekend and I had dropped this sort of thing off at this location in years past with no issue. I was surprised this time when the attendant curtly explained that they do not accept waste oil. My grumbles that I had come there many times in years past were to no avail.

So I stopped by a nearby Valvoline oil change shop, and they accepted the waste oil. The attendant there also explained that in Wisconsin any business which sells oil is required to accept waste oil. I found this pleasantly surprising, but wanted to verify it myself. I've been searching through the Wisconsin State Statutes but haven't found anything to confirm this. The closest thing I could find was 2009 Wisconsin Act 86, but that talks more about requirements on consumers for proper disposal - not requirements on businesses.

Is what the Valvoline guy said a real law? Perhaps a federal law? Or is it just an old wives' tale?


texts: Remedy for breach of contract with a "No Assignment" clause

texts:
It is common for written contracts between entities to contain a "No Assignment" clause, which essentially states that, for a contract between entities A and B, the benefits or rights under the contract A cannot be assigned to another entity C without the consent of B.
It is possible for a breach of contract by B to precipitate the dissolution of A.  (Examples: If B poaches a key member of A, or if the existence of A as a going concern depends entirely on its contract with B.)  In such an event, it appears that a "No Assignment" clause would in effect make B immune to any liability claims, because A no longer exists and the contract could not be assigned to any beneficiary of A.
Not a perfect analogy, but in playground terms this is sort of like Bob and Al agreeing, "Let's build a sandcastle.  But (here's the No Assignment clause) your friends don't get to play with it unless I agree."  Once the sandcastle is complete Bob kills Al (yeah, it's a tough playground).  Per the contract, Bob can invite all his friends to play and reject all of Al's friends.
Is there a legal doctrine that prevents a scenario like this?
I.e., can a contract clause indirectly render a contract party immune to liability for that party's breach of contract?  I have a notion that there is something like the obverse of the "unclean hands" doctrine that would prevent this.


texts: Can I use unsolicited code in my commercial project?

texts:
I hope this is the right forum for my question. I am selling software which buyers get the full source code of. It is distributed through a 3rd party store system which does not let me know the actual identities of the customers.

The other day a customer out of the blue emailed me code which is very well usable in my software, it is not per se deal-breaking if it's not in there, but it's definitely also not something I would dismiss. You could argue it is very much increasing the worth of the product.

I have a question about the legality to use the code (about 2 hands full lines of code in a class of 300 lines already present in my software) I was sent by email without further comment about whether I am allowed to include it in the my software. He just said (paraphrased): "Any reason not to do it that way?" I did not ask for his code submission nor did I know the author before he emailed me.

EDIT
Please excuse me. I had another look at the mail just now.
The subject of the mail is literally:
"[Suggestion] Optimization of >pluginXYZ<"
This is an aspect I forgot to mention in the original question, in fact I for some reason did not even notice it consciously, my bad.

I answered him to say that I like his code and would like to put his suggestions in the package (which then all existing customers receive as free update) but have not received an answer.

Does somebody know the standard rules in such a situation where nothing specific is/can be negotiated? Am I allowed to include it because he sent me plain code which is 1:1 "pluggable" in my commercial package? I would not mind to credit the author of the changes in the file also, of course.

The obvious answer could very well be "No, you are not allowed to just paste it in your commercial software without express consent". But if you think about it, if I were now to be motivated to include an algorithm for the solution he gave but wasn't supposed to include his solution because he never expressly consented to it, well I cannot "un-see" his solution. And as I now know the algorithm because he personally suggested it to me, should I just do as if I never saw the mail, and try to come up with an algorithm for what he suggested to me which is expressly different to the one he sent me, to avoid any suspicion? Sounds non-sensical to me, but I am not a lawyer.

EDIT
I had another look at the mail just now.(see EDIT notice above)
I did try to contact him now for several more weeks and no success :(
What would you say, does the fact that he sent this mail with the subject starting with "[Suggestion]" change the matter legally? He seems to indicate that he is presenting this solution to me for usage, don't you think?


texts: How "infectious" is Unreal Engine 4 license? What is the scope of "product" definition?

texts:
According to Epic's EULA for Publishers, they want 5% of any gross revenue you might make out of using software built with their engine, including in-app purchases and advertising, before tax deduction.

However, if the actual game (built with Unreal Engine) is free-to-play, does not contain anything related to in-app purchases, but all game-altering purchases are instead done on game's website, so they are not technically "in-app" anymore.

Would be any revenue obtained this way still subject to 5% fee from Epic?


texts: Declining Binding Arbitration of credit cards and banks (after sign up)

texts:
Recently Chase was making a change to its user agreement and was automatically assuming your consent to abide by binding arbitration unless you opted out explicitly by sending them a snail mail with a self written/typed, freestyle letter.

I now see some user agreement changes from other credit card providers/banks and it looks like they already have a binding arbitration clause. If I understand this correctly, this prevents me from filing lawsuits against those companies.

Is there a way to specifically reach out to these card providers and opt-out of the binding arbitration? I realize this may have more to do with legal than money but it is pertinent in both areas.


texts:
In the US, if I create a trust and fund it, if the beneficiary of that trust has an "immediate benefit" (immediate access to some part of the fund) to any part of the trust balance, then some or all of the trust funding is subject to Gift Tax. On the other hand, if the beneficiary has a "future benefit", then no Gift Tax is triggered. Correct me if I am wrong on this.

So the question I have is how far into the future do you have to go to convert an "immediate benefit" into a "future benefit"?If the beneficiary won't be able to touch the balance for 20 years, that is probably a "future benefit". How about six months? What is the smallest amount of time that would count as the "future" based on IRS rules?


texts:
When you are offered voluntary redundancy, do they have to tell you who else have been made offers to as well? Or can they do it on targeted basis?

Does this depend on the number of affected personnel, similar to forced redundancy?

In this case there should at least be 20+ staff affected.
ie, our business unit MIGHT get restructured in a couple of of months, hence being made the offer.
However, I have asked if anyone else have been made offers, not even names, just in general, but they would not answer that, other than quoting the restructuring line.

I know of one other person who probably got an offer.

They quoted some law (s111a of employments act 1996) which effectively prohibits me from discussing this with colleagues, or using anything said in that meeting against the company at a later stage, and have 1 week to make up my mind.

When I left the managers office, he suggested that I hid the letter with the offer as to not give anyone else the wrong idea. Surely if everyone else in the same business unit had been made an offer, they would know what the envelope was?

I'm just getting the feeling that they are starting a 'selective culling'. Don't get me wrong, the offer they made seems reasonable and might be a good opportunity to move on. They also cover solicitor fees, so do not want to rock the boat and have them withdraw the offer, but I would appreciate honesty on their side.

So, does any of this sound fishy at all?


texts: Recieved bill for traffic tickets that I paid years ago

texts:
A while ago, something happened that resulted in my paying nearly $500 in traffic violations. That's fine—it happened, I paid, etc.

Six years later, I got a bill for those same violations. This bill is preventing me from renewing my license. I don't have the receipt...

... but, these violations were issued in 2011. The license I have now was issued in 2015, and expired earlier this year. The only way I would have ever been able to get this license in 2015 is if I had paid the violations I recieved in 2011.

Is this enough proof that I paid these things? I would really hate to have to pay that much money again because I didn't keep a receipt for nearly 7 years.


texts: Options buying and selling on collectibles

texts: Could I legally create a website that allows for the purchase of options on collectibles – baseball cards, for example?  Let's assume it's on a collectible that fluctuates in value rather than consistently depreciates.  What regulation, if any, would I have to be aware of in creating this?


texts: How do you pass a DUI test if you're just clumsy?

texts:
I never drink or do drugs, but I have tried the "heel-to-toe straight line" test and the "raise your foot for 30 seconds" test, and I find both of them to be difficult or impossible.

I have seen dozens, if not hundreds, of DUI tests on TV and the Internet, and while I understand that this is a skewed sample (they are probably more likely to broadcast the drunks), I don't believe I have ever seen anyone pass a DUI test.

Is there any science behind these tests? Are they just a blank check to arrest anyone? Even if you are later exonerated through a blood test, should you really have to go through the arrest process just because you're a klutz?


texts: Do the German contact restrictions prohibit any form of celebrating?

texts:
In response to the rapidly spreading coronavirus, Germany has enacted a general "ban on contact", effective starting today (Monday, 2020-03-23). It prohibits any gathering of more than two people in public and private spaces, except if they live in the same household.

What I am very unclear about is the extent to which certain behaviours are restricted by this regulation, as coverage in news is IMHO extremely unclear.

For instance, Berliner Morgenpost says:

  Gruppen feiernder Menschen auf öffentlichen Plätzen, in Wohnungen sowie privaten Einrichtungen sind angesichts der ernsten Lage in unserem Land inakzeptabel.

In English:

  Groups of partying people in public spaces, in apartments, as well as private facilities are inacceptable due to the serious situation in our country.

Tagesschau says:

  Gruppen feiernder Menschen - auch im Privaten - sind inakzeptabel

In English:

  Groups of celebrating people - also in private - are inacceptable

And Merkur.de says:

  „Gruppen feiernder Menschen sind inakzeptabel“, erklärten die Politiker unisono. Jegliche Feierlichkeiten sind untersagt, das gilt auch für Geburtstage.

In English:

  "Groups of celebrating people are inacceptable.", the politicians explained in unison. Any kind of celebrations are prohibited, this includes birthdays.

Now, what does this mean? At least some of the above statements can be interpreted in such a way that it's about the physically close group aspect. That is, celebrations whose participants meet in person in the same place are prohibited.

But then, all of those statements, and definitely the last one, also sound a lot like it's the very activity of celebrating that is prohibited, presumably because the "serious situation in our country" makes such a behaviour unbecoming. Thus, it sounds like restrictions similar to the Tanzverbot (that declare various overtly joyful activities to be unbecoming and thus unlawful on certain holidays) are in place.

Which interpretation is correct?

Am I violating the newly imposed restrictions if I meet with some of my friends (each of which is sitting at home alone, or at most with their families) via videochat and "celebrate" (whatever is meant by that, let's count any joyful or relaxing leisure activity) with them online to brace against the effects of social isolation and cabin fever?
And does it mean we cannot let our children have a joyful videochat with their friends whom they already cannot meet in person due to the closure of schools and child nurseries?


texts: Copyright problems with private courses with my name footprinted on it

texts: I have purchased a private course. It has my name footprinted on it. I had it on the computer of my job. Unfortunatelly, the files are in the hands of my boss. I asked him to delete it, he claims that he has, but I know that he hasn't. He is my boss so pushing things hard is not such an easy option. What should I do? What if he leaks the data?


texts: Copyright of derived works without permission

texts:
Say Alice produces a copyrighted work. Bob then creates a remix of Alice's work without license or permission to do so, thus violating Alice's copyright.
Does Bob still hold the copyright over the modification?
If Alice now copies and redistributes Bob's remix without license or permission, is she violating Bob's copyright?


texts: DMCA Takedown and counter notice when service provider

texts:
There's something I have trouble understanding.

My app is considered a service provider and registered with copyright.gov

Some time ago someone found some copyrighted work and filed a DMCA notice to google to remove my app.

I tried explaining in the counter notice that I'm a service provider, and that I publicly displayed the address and the template DMCA notice that should be sent to us.

Google's response has been so far nothing, just that the request is denied. I'm a bit lost as to what I did wrong and what I should have done.

The app had 500K+ downloads with a very high rating and it's all lost now.


texts: Is it legal to use movie frames or actor images as online avatars?

texts:
Browsing around social networks and this community, I see that there are users that use pictures of actors from TV series as their avatar.

I don't want to point to anyone's profile to give an example, but I saw any kind of copyrighted material used as icon or avatar: characters from animated cartoons or videogames, actors faces taken from frames of famous TV series, softwares icons, famous paintings (full or details), etc...

Is it legal to use copyrighted materials for a "small thing" as an avatar or icon?


texts: I want to translate the Bible to a yet untranslated language. What legal aspects should I look for?

texts:
Yes, there exists a language in which the Bible has not yet been translated to. I wish to do that translation.
Which version of the Bible can I use, and am I liable for lawsuits?
Thanks


texts: Is there a name for the part of a contract that specifically deals with how the contract is to be interpreted?

texts:
There often is a lot of meta-data in a contract. What I mean by meta-data is parts of the contract regarding how the contract itself is applied and interpreted. For example

waiver clauses
no waiver clauses
severability / savings clauses
statements such as "time is of the essence" or "this is the entire contract and supersedes any previous"
this contract is executed and to be governed by the laws of the state of California.

What do you call these things that are not the main intent of the contract? What do you call the main intent that would make up the body? For example if a property management company wanted to have a contract for lawn maintenance what would you call the active portion like:

"Company XYZ agrees to water and cut the grass every Thursday afternoon for Company ABC. Company ABC will compensate XYZ, $600 per lawn. XYZ must not use any poisonous chemicals on the lawn".

How would the entire contract be structured? I've seen labels used for exampling having a specific "severability" heading, but I've never seen a "main body" heading.


texts: Is it illegal to distribute physical images of relatives (including minors) without consent?

texts:
My estranged father has produced a limited run of CDs for distribution (potentially for profit - unknown at this time) that include images of my son (a minor) and me on the sleeve, without my consent.
Is there a law that prohibits this, and what can I do about it?
Update 1:
There are multiple images in question, all of which were shared with family and friends via Facebook:

An image of my son in his car seat.
A self-portrait of myself and brothers on a public beach.
A self-portrait of myself and brothers in my departed grandmother's care home.


texts: Parental rights and other legal implication of a marriage of convenience for a lesbian couple in MD

texts:
My friend is considering a marriage of convenience with another women, as both will gain a sizeable discount from their 'spouses' place of employment if married, in addition to sharing health insurance.  There is no romantic relationship, no intent to co-mingle assets or live together, and a plan to get divorced in 4-5 years once they no longer gain a benefit from the marriage. I'm looking to understand any and all legal implications and risks which could affect my friend.

My friend already has a daughter and would likely have another child, conceived using a sperm donor, while 'married'.  She is located, and would be married, in Maryland.

As I understand Maryland law the wife would be a presumed parent, with both visitation rights and obligation to pay child support, in this case?  Is there any means at all for my friend to prevent or avoid the likelihood of presumed parentage causing her a problem in a marriage of convenience?

In addition are there any other legal risks or complications my friend should be aware of before deciding rather to get married in such a manner?


texts: Avoid IP infringement by contracted work

texts:
Say I want to have someone create some artwork for my website. How can I make sure they don't use copyrighted material? Or at least that it won't be my responsibility.

Assume a contractor, not someone hired as staff. (unless I'm wrong about this being the safer route). And obviously no intent for IP infringement. (by me, of course. Obviously the contractor knows if he/she copied someone's work... ) Also, what I'm looking for is a way to avoid any problems to begin with, so just telling me that the contractor would be responsible for any of that, isn't enough.


texts: Non-ERISA Fiduciary Responsibility for New York State

texts:
I would like to know ERISA equivalent for a government organization in New York State

https://www.asppa.org/Resources/Publications/Plan-Consultant-Online/PC-Mag-Article/ArticleID/5217


texts: Automating online job application systems (applicant tracking software) is legal?

texts:
Application tracking software or job application software is annoying most of the time. They ask you to fill out loads of information along with your resume, even if your resume has most of it. People tend to apply hundreds of jobs, especially college graduates. So I was wondering if I somehow automate this system, So my software (or mobile app or chrome extension) will fill out this information automatically, Is it legal?

I'm asking this because they ask you to enter "FULL NAME" (as e-signature) and "DATE" as part of:

Disability agreement
Veteran status
Other racial information etc.

This information is taken in almost all of the applicant tracking software out there. Please advise.


texts: Is a commercial landlord liable for damage due to roof leaks?

texts:
A tenant has a modified gross lease of a small commercial warehouse in San Fernando, CA. During the rainy seasons of 2017-2018 and the very wet 2018-2019, the tenant reported, on multiple occasions, leaks from the roof. These never seemed to have been properly addressed.

More recently, there was a severe enough leak that caused some damage by splattering as it dripped. The water is a dark rust color, and stains everything it touches.

More recently, water trapped in the ceiling insulation (which is held up by a plastic barrier) proved to be too heavy for the plastic and it ruptured, leaking all over numerous belongings. The landlord is unwilling to cover this damage, telling me that's what the tenant's insurance is for. The tenant has insurance that should cover this, but one of the few obligations the lease places on the landlord is to keep the roof in good working order.

What are the legal options? It's very hard to search for information for commercial leases; almost everything online is about residential leases.

EDIT:

Is the landlord typically liable for damage to contents in a situation like this (that is, when they've failed to maintain the roof in proper working order, and the resulting water ingress damages the contents)? Or is it some kind of standard practice that the tenant's insurance should pay, and then the insurance company deals with the landlord?

The next question is, what kind of attorney handles this sort of thing?

The most important thing is to get the landlord to fix the roof to prevent further damage. Talking to other tenants suffering similar damage, it seems they're reluctant to fix it, and downright unwilling to pay for damages.


texts: Can a non-us citizen grandparent apply for US citizen child's passport?

texts:
If US citizen's child's parents, are at work abroad.
US citizen child is staying with grand-parent in US.
Grandparents are on temporary 6 months visit visa.

1) Can grand-parent apply for passport of US citizen grandchild ?

2) Does grand-parent need to be appointed as legal guardian ?

3) Can US child leave the country with a grand-parent to go to his/her parent ?

Note: Grandparent / nor Parents are US citizens nor do they reside in US (non-residents)


texts:
Consider three parties, whose intent was to create an LLC (or some other legal entity) where each would have a 1/3 interest in the business. No legal entity was ever formed, and nothing was ever signed. For some time, one of the people spent considerable time researching and developing some copyrighted material (software) for the prospective business. The other two people were not involved in that work.

By mutual consent it was decided that the arrangement wasn't going to work and the parties decided to split up.

In this scenario, who owns the copyright on the software? The individual who wrote it, or all 3 individuals who intended to collaborate (in equal shares)?


texts: NC: Can a subcontractor place a lien on a property if the amount is less than $500?

texts: In NC, can a subcontractor place a mechanic's lien on a property if the amount is less than $500?


texts: Does statute take precedence over case law (in the US)?

texts:
Hypothetical situation:

An US court decides a case for which there is no statute nor previous court decision (precedent) which would provide how the case should be decided (resolved). So the court (judge) decides it in own way which the judge believes is "the most fair". This would establish a new precedent (I assume).

Then a new legislation (statute) is passed and it provides that the issue (case) shall be resolved (decided) differently. Does this statute take precedence over (overrule) the previous court precedent?


texts: Rights and licensing of joint works in Canada

texts:
In researching copyright laws relating to works of joint authorship, I came across this McMillan article.

While the situation is clearer in the US and UK, the article discusses how in Canada, absent any specific contract, it is unclear what (if anything) a co-author can do without the consent of the other co-authors. Can they license the joint work or exploit other rights such as making derivative works? The statute is silent on the issue, and there has been very little case law (I have to assume that Canadian co-authors have been apologetically cooperating with each other).

That article was written in 2008. Since then Canada has passed the Copyright Modernization Act, but that didn't seem to address joint works. So, in the intervening 10 years has case law become any clearer?


texts: What happens if a USA House Rep or Senator is caught committing voting fraud *after* being sworn in a week or month later?

texts:
Hypothetical question: If a USA house rep or senator is caught with extremely strong evidence that shows they only won via voting fraud, whether through mass ballot harvesting or other forms of fraud, a few weeks or a month later after being sworn in, what happens then?
Does the challenger get to obtain his/her seat afterwards, or do they get replaced with a candidate fitting to the incumbent governor?


texts: Restrictions on advertising new products to existing customers

texts:
Lets say a new software product is sold to us customers only. Are there any U.S. laws against or restricting advertisement of the company's new products to existing customers (for example, as a banner in their administrator portal)

Or is the best practice to just put something about this in the terms and conditions?


texts: Spurious Liens by an attorney in BC, Canada

texts:
What are the consequences to an attorney in the Canadian legal system, who files spurious liens on behalf of her client, who doesn't have an ownership of the property, the lien is not agreed to by the owner of the property and it is not imposed by a judgment of a Court Order.  I am the owner of the property, what are my options?
liens were placed by an attorney on behalf of my x-husband.  I divorced him fifteen years ago in California. This attorney filed for divorce again in BC Supreme Court and placed liens with absolutely no legal basis on the properties transferred to me as part of the settlement.  My 'x' owes me a lot of money in unpaid child and spousal support and I owe him nothing.  It bothers me to think that a member of the Canadian Bar Association can file a case with no legal basis,  in a Court that has no jurisdiction over the case in the first place.  Can I sue her in a Canadian Court or is it better to complain to the BC Law Society.
Thank you.


texts: What is a "listed natural gas appliance"?

texts:
My landlord mentioned that I can have a grill on my balcony as long as it is fueled by natural gas. As he is a fireman, I'm assuming he has some knowledge of the relevant laws.

But before dropping several hundred dollars on a new grill, I wanted to make sure, so I am looking at BARBECUES, PROPANE AND HEAT-PRODUCING DEVICES ON BALCONIES from the Denver Fire Department, and at the end it reads

  Exceptions:
  ...
  3.Listed natural gas appliances...
  4.Listed electric ranges, grills or similar electrical apparatus...

What does "listed" mean in this context? The document has no list. But my natural gas appliance is listed on Amazon's, Lowe's, and Home Depot's websites. I assume that's not what the document means.


texts: How does one determine the reasons for a judge's recusal?

texts:
I was reading about Shelley v. Kraemer (1948) (full opinion), which states that Justices

  Reed, Jackson, Rutledge took no part in the consideration or decision of the case.

As another example, in Homer A. Plessy v. John H. Ferguson (1896),  Justice Brewer recused himself.

The official judicial decision and opinion do not always explain recusals. So where must one probe?


texts: How do Employees/Directors represent companies as agents, as regards events involving cash transactions?

texts:
How might one perform financial actions which companies as entities aren't allowed to perform, but for which they can be represented by a director or employee? For example, I understand that venture capital investors do not have the name of their firm on the term sheet, it's the name of the particular partner leading that investment for the firm that is put on the term sheet.
Can you really just move cash between company and personal accounts at will? What are the legal ramifications of this?


texts: Reporting exzessive requested and unrequested overtime during Furlough

texts:
At least half of our current staff is on furlough(Kurzarbeit).
I am living in Germany and our employer is requesting exzessive amounts of overtime while we are only allowed to work 20-50% of our usual time.

We all receive Kurzarbeitergeld but we were asked to put in way more time than usual. To "make up for the rough time" and we are not allowed to track this time. I am constanly receiving emails and notification later than 10pm.

How do i proceed to protect myself and or report this to the appropriate authorities?

Edit: not sure if this is the appropriate Board to ask this question, if not you may direct me to an appropriate one.


texts: Can I sue an app for enabling harassment?

texts:
Can I sue an app for emotional distress?

My soon-to-be ex-husband has been using a fake phone number app in order to impersonate:

my child's school
the coroner's office
the police officers who are handling the 3 warrants out for his arrest
the district attorney's office
my family members

and so forth.

I am scared to answer my phone and I'm terrified when my son's school calls thinking it's an accident; the same goes with the other numbers he uses.


texts: What could be the consequences of a "Joke wedding" in a foreign country?

texts:
Context :

Two of my friends, both French citizens, have a PACS. PACS is a form of civil union that can be "upgraded" to a marriage, but not "downgraded" from one.

They are planning a three weeks trip across California. They are also planning to get married under American law "for fun" during a week-end in Las Vegas, but won't do the paperwork to have this marriage recognized in France after their return.

My question :

What could be the consequences of this wedding?

For example, if they break up and end their PACS in France, would they still be officially married in the USA?

And if after that they marry other partners, could this be a problem for them when applying for an American visa?

Does France and the USA exchange information on wedding of foreign citizens on their soil?
Could they even end up being officially married in France even without doing any paperwork themselves?


texts: Can a restaurant or retailer be held to "posted" prices?

texts:
I walked into a fast food restaurant in New York City where a large poster in the front of the store advertised a new dinner special for $6.99. That was quite a bargain so I went to the counter and ordered it. Apparently the "special" was so new, it wasn't on the menu. At any rate the staff refused to honor the advertised $6.99 price, and computed an a la carte (sum of the parts) price that came to over $10. I declined to buy the special at that price.

I returned the following week, and the special was available, with a new posted price of $9.99. The staff would let me have it at that price (a small discount from $10-plus but not the bargain of $6.99), but for the same price, I ordered something else.

I didn't want to be an SOB the first time, but supposing I was, could I have legally held the restaurant to the posted $6.99 price for the special?


texts: Am I out of my contract with my employer if they broke it first?

texts:
When I signed onto my job, it was written into my contract that I would get a 'Hiring Bonus' of $5000 that would be paid over the course of my first year and if I left early, I would have to pay it back. Well, I ended up receiving the allowance in one large lump sum along with my first paycheck. I alerted them to this mistake and they seemed to not care/nothing happened about it.

Since they technically broke the contract, does that mean the entire contract is invalid?


texts: Could self-checkouts sell alcohol without human approval?

texts:
In the UK, self-service checkouts can sell alcohol, but the transaction must be approved by a human - at least, in all the supermarkets I've seen.

Is it possible to do this without human approval and still be legal?

I'm a personal license holder, so I've some familiarity with the law. Each sale must be authorised by the license holder - but this authority can be delegated. Also, whoever is making the sale must check the person is of age, not drunk, and there's a couple of other subtleties. What I don't know is how exactly this could be interpreted.

A self-service checkout can do an ID check - perhaps you need manual verification for your first purchase, and using the same credit card in future allows automatic approval. Checking for drunk customers is harder, but perhaps the store could have a blanket "no drunks in store" policy.

Is there any history of any store trying this? Is it legally a non-starter?


texts: How does Equity get lost long before a bankruptcy case is filed?

texts:
How's Judge David Jones correct? On May 26 2020, Hertz announced bankruptcy and its price dropped even more, from $2.83 to 0.59.

Retail Traders Flout Legal Logic by Buying Up Bankrupt Stocks

  “No one ever loses equity in a bankruptcy case,” U.S. Bankruptcy Judge David Jones said during a status conference in the J.C. Penney case last month. “Equity gets lost long before the case is filed.”

  Under U.S. bankruptcy law, shareholders are last in line for any kind of payout -- behind the lawyers, lenders, and vendors -- making a recovery for shares unusual. The size and scope of payouts is usually determined by a so-called Chapter 11 plan, which creditors vote on and send to a federal judge for approval. Those plans often leave even high-ranking creditors getting less than they’re owed.


texts:
I have a cool app a couple of high school librarians use. It's pretty simple: students scan their IDs when they enter and leave the library. Librarians then can then see who's in the library at any given time via simple dashboard. Student usage is then stored and is downloadable by the librarians should they want a report.

I'm interested in adding a facial recognition feature to my app because I'm interested in machine learning. The idea is to replace card scanning with just looking at a camera. To do this, I'd have to train a model with the faces of the students. I was thinking of creating a webapp that allowed students to submit photos of themselves should if they're interested in the feature - otherwise they can keep card scanning if they want.

Considering that they're all under 18, do I need parental approval if the students want to submit their own photos? Who else should I contact to get approval for such a feature?

Other potentially relevant details:

Currently the app tracks ~200 unique students per day, but has ~5000 students in it. I own the physical server that the webapp and proposed facial recognition feature would go on. I also have librarian approval for this feature. The high schools that use this app are in Washington state.


texts: Financial privacy (U.S.) when using paid tax preparer or tax prep software

texts:
When using a paid tax preparer or tax preparation software in the United States, can the preparer or software vendor use any of your financial information for any purpose other than simple creating the return and filing it? In other words, when using a tax preparer or tax software, is the strict privacy of your submitted information legally assured to the same extent as if you had submitted your taxes directly to the IRS by filling out printed forms?

Company privacy policies are so vague as to be useless. I'm more interested in solid legal protections than any vague guidance the tax prep [software] company may provide. I'm interested in knowing, for example, if anything prohibits tax prep [software] companies from sharing any demographic and/or financial information with other marketers or data brokers, or even within their own family of companies for marketing or other purposes. This information is highly sensitive, and I've found no definitive answers on what they legally can or cannot do.


texts: Are Phone Number lists with no other personal data allowed under GDPR?

texts:
Given a phone number list stored in a format such as this:

02321 203201, 203120 023102, etc.

Would this be classed as personally identifiable information under the new GDPR regulations or as there is no other personal data associated with these numbers, would they be compliant under GDPR?


texts: What law is broken if a family member disposes of a filled absentee ballot?

texts:
Location: US, your choice of state if it matters (as this is a hypothetical situation, answers under any state/federal law are acceptable)
The hypothetical situation: a family member has legally obtained an absentee ballot for an upcoming presidential election, filled the form, and sealed the envelope.  The relative asks you if you can send it in the mail, to which you agree.  On the way to the Post Office, you then realize you know how the relative voted, don't agree with it, and decide to "lose" the ballot.
What law(s) have you broken?
P.S.: Just to be abundantly clear, this comes from a joke/meme on Facebook.  No one should actually do this.


texts: Can I purchase or lease the condo parking spaces directly behind my house?

texts:
I live in a single home with a condominium complex directly behind. Currently there is a hedge (condo side) that acts as a separator between the houses and the condo complex. Directly behind the hedge there are parking spaces, followed by a road, and then more parking spaces before you run into an actual condo.
I'm looking to expand my backyard and I was wondering the following:

Could I purchase the parking spaces from the condominium corporation and file for a lot adjustment to expand my property further back?
Could I enter into a 99 year lease to purchase the parking spaces from the condominium corporation and simply remove the hedge and make use of the additional space? (i.e. tear up pavement, plant hedges around sides of approx. 4 parking spaces and simply take advantage of the space.
If I simply purchased the 4 condos who's parking spaces were allocated behind my house, would I be able to remove the hedge and do what I please with these parking spaces? (i.e. same as above)


texts:
In the United States, what fragment of codified federal or state law can I refer to as a "statute"? For example, in federal law, is it proper to use the word "statute" to refer to:

a title (e.g., 15 U.S.C.)?
a section (e.g., 15 U.S.C. § 6802)?
a subsection (e.g., 15 U.S.C. § 6802(b), 15 U.S.C. § 6802(b)(1), etc.)?
some of the above?
all of the above?


texts: forged signature passport applications in Victoria, Australia

texts:
Can someone get into trouble if they have forged my husband's signature on his children's passport application forms in Victoria, Australia?

Initial forms were signed and sent back but apparently the witness made an error and we were notified that new forms were to be done immediately due to her booking a trip. The  discussions all took place via text and we assumed new forms would be provided to us that same week as she said her dad would be out to see us with new forms. It's now been a month and we have been lead to believe passports have already been issued.

We had taken photos of the actual forms signed the application number date and the section with the signature in case something were to happen.


texts: How do I find a specific case in Delaware?

texts:
I've been reading about a patent case between BT and Valve Corp.

From my reading I've found this complaint: https://search.rpxcorp.com/litigation_documents/12085257

I'd like to know more about this case (has it gone to trial yet, transcripts if any, etc.).

I've been trying to search for the case here, the official search page for Delaware cases and judgments. But searching for "Valve" or "British Telecommunications" have not turned up any results.

If this isn't the right way to research this case then what would be the best way?


texts: Would I have a reasonable cause of action to consider suing a science centre for violating disability rights law?

texts:
As someone who is both totally blind and hard-of-hearing, I rely on tactile feedback a lot. I live in Oregon, and I heard that a new exhibit was going to be stationed permanently, so I wouldn't have to travel far. Yet, this website claims that they want to have Space Shuttle Endeavour under maximum conservation:

http://californiasciencecenter.org/exhibits/air-space/space-shuttle-endeavour

I was really disappointed because I was hoping to touch every inch of it, including walk inside of it and experience every detail firsthand. That way, if the audio or Braille information failed to clarify something, I could learn how certain parts and pieces moved to accomplish different tasks. People have various ways of learning, and one of them is through interaction and hands-on learning.

A sighted person can watch videos and pictures of how things move, a blind person wouldn't be able to see that, so they would need to be told, both auditory and tactile, how something moved.

I called the science centre's human resources department to file an internal grievance procedure, but I never heard back, so I contacted the US Department of Justice Americans with Disabilities Act (ADA) hotline, who advised me to file a complaint if they didn't have any reasonable accommodations. Under title II of the ADA, all public entities, be it federal, state, local, private or non-profit, are obligated to modify any policy unless there are legitimate reasons to screen out a minority group. So I filed a complaint with the ADA DOJ, but I'm not sure if they will find it in my favour or the centre's favour.

I mean, if I blindfolded you, and I took you to a great place you've always wanted to experience, but when we got there, we learned that you can only perceive it by seeing - You have an option. You can take your blindfolds and experience it. A totally blind person wouldn't have that option, so they would have to either require the business to make an exception, like wearing gloves to avoid getting fingerprints, or something else entirely.


texts: Can I defend myself from excessive police force?

texts:
Hypothetical situation:

Say the police are chasing me.  I get tackled after which I go limp and stop resisting.  Subsequently the officer starts throwing elbows to my face.  I'm not sure why he's hitting me (...maybe he or his partner got hurt in the chase, or the adrenaline is still pumping, etc.)

I don't fear for my life: it's not like he has gone rogue, threatened to kill me, or drawn his gun.  However, I do fear for my well-being.

Can I defend myself?


texts: What does "using an electronic communication device" mean?

texts:
I was stopped for holding my phone while driving; I was listening to a podcast on speaker, and the phone was locked.

In 625 ILCS 5/12-610.2, subsection (b) says

  A person may not operate a motor vehicle on a roadway while using an electronic communication device.

Prior to this amendment, this subsection was less vague:

  A person may not operate a motor vehicle on a roadway while using an electronic communication device to compose, send, or read an electronic message.

Was I in violation of Illinois' "hands-free phone" law?
What constitutes use in this context?
How could the prosecutor prove I was actually using, and not just holding, a phone? (I wasn't fined; this is a hypothetical question)


texts: How can a person get copies of search warrants?

texts: How are search warrants filed in Massachusetts? I assume they are public records. Are they filed at the county level? So, a person wanting to see who was getting searched in his neighborhood would go to the county what and do what?


texts: Can perjury apply to arbitration proceedings?

texts:
Can guilt for the crime of perjury apply outside of judicial or other government proceedings?
The answer to this very general form of the question seems to be no.  Affirming that answer: It appears that the legal definition of perjury, for example in 18 USC §1621, applies only where "a law ... authorizes an oath to be administered."  So it would seem that nobody can make an affirmation "under penalty of perjury" unless the government permits it.
Can or does perjury apply in arbitration or other alternative-dispute-resolution (ADR) proceedings?
There might be a law that explicitly says oaths administered in the course of bona fide ADR are made under penalty of perjury; if so that's the answer to this question.  If not: At least U.S. courts generally respect and enforce ADR results.  Which would make it seem in the public interest to enforce perjury against anyone who lies to frustrate ADR proceedings.  What's the reality?


texts:
Some Co-workers of mine have been sending customer's personal information, that includes banking details through unsecured plaintext emails. This feels to me like it is definitely breaking laws/regulations but I am not sure what ones. This is going on in the US and in the UK

Is this an illegal practice?

EDIT:
By unsecured email I just mean a normal email sent between employees over outlook, this is also used to send emails externally and there is no blocker for sending attachments to external emails if someone was to mistype an email address there is nothing to stop this being sent out.

By Plaintext I mean what is sent and received is readable, no hashing, etc. I don't know if this is encrypted decrypted on the send but as the email can be sent externally and internally I doubt it


texts:
Despite reading Wi-Fi alliance style guide, I don't understand whether I can use the Wi-Fi logotype on my website. The style guide seems to target the producers of Wi-Fi equipment only; my case is different.

More precisely, I have a web page which, among others, explains how to configure a device to access a specific Wi-Fi access point. In order for the users to easily identify that the page talks about Wi-Fi, I want to include the Wi-Fi logotype. Not the one with “Certified” on it; just the plain one.

Can I do it? Or is Wi-Fi logotype reserved exclusively to the hardware which connects through Wi-Fi?


texts: Admissibility of screenshots of personal accounts on company computers

texts:
There is a case in which employees of a company, all in Texas, engaged in skype conversations on their company laptops through personal skype accounts.  The employees discussed starting a competing business, and were fired as soon as management was made aware of the situation.

After the employees were fired, the firm obtained screenshots of the conversations using the logged-in skype account on one of the company laptops.

During these chats they also mentioned a former employee who was under a non-compete as being involved.  The firm sued the former employee for breach of contract and the screenshots of the chat were entered as evidence.

The defendants have asserted that the screenshots are not admissible since they were obtained from a private skype account without the user's consent.

Assuming the firm had no explicit use policy for the company laptops: Is there any case law that might inform the admissibility of the screenshots as evidence in civil litigation?


texts: How do affinity groups (e.g., employee resource groups) not violate discrimination laws?

texts:
A lot of companies have these, Women's groups, Black groups, LGBT groups, etc. Some of these groups are open for non-identifying folks to join (e.g., as allies) but some are not. For the ones that are not, how does this not run against discrimination laws?
Is there some exception (like a ministerial exception for religious institutions) here?


texts: Motorcycle chariot subject to FL motor vehicle laws

texts:
How might the motorcycle chariot's of 1930's Australia fit into today's Florida motor vehicle statutes?  Specifically, could I legally drive one on the streets while operating it from the chariot?

My thinking is it would be classified as a motor vehicle and not a motorcycle, all controls would need to be operable from the chariot, the chariot would need applicable brake/turn signals, and I could probably skirt the safety belt laws since the operator would not be in the front seat.

Photo courtesy of National File and Sound Archive of Australia and they are in the video at the 0:54 mark.


texts: Is there some kind of universal Terms of Service and Privacy policy to disclaim any kind of liability while testing startup ideas?

texts:
I've seen this kind of disclamer a lot:

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

I'm testing all kinds of startup ideas. Only software so far.
I'm spending way too much on lawyers to write custom ToSs, Privacy Policies and Disclamers to satisfy Google Play, App Store, Chrome Store, various payment processors and all kinds of GDPR-ish laws.

Can I use this or something similar as Terms of Service and be 100% free of any liability from causing any damage to users? I understand, that there will be plenty of people turned off by this kind of ToS, but I'm sick of spending time on bureaucratic nonsense while just testing MVP. I'm willing to write proper ToS for a specific project once it finds market fit.
Is there something similar for Privacy Policy?

Preferably, I need these docs to be accepted by the service providers listed above. Or at least some of them.


texts: Contract for deed purchase with existing tenants

texts:
When purchasing a property contract for deed with an active month-to-month lease and tenants on the property, does that lease typically transfer to the purchaser? Or, is that something which has to be specified in the contract for deed?

The situation is: It wasn't specified. The seller was supposed to evict the tenants within 30 days. This was a verbal agreement. The seller attempted to evict, but the tenants aren't cooperating. We (buyer and seller) need to know who should be serving the official eviction notices. Eventually we believe this will require a local justice court filing as is typical here to evict an un-cooperative tenant. The issue is, we don't want the court rejecting everything because the wrong individual sent the 30 day notice, sent the 10 day notice and finally filed the court paperwork.


texts: Which laws must I consider when allowing users to upload and stream music?

texts:
For context sake, I'm based in the UK - so (primarily) I'm interested in relevant British law, but assuming users of my new software are going to be global - what laws must I pay particular attention to when offering an 'upload and play' music feature?

To clarify, one user may upload their favourite song, and all other users can stream that from the uploaded file.

In case it matters, I'm not allowing a user to upload a song - and then advertising that song by artist and title to other users (similar to p2p). Instead, I'm offering users a chance to publish a song against their page. Very similar to how MySpace done it all those years back.


texts: Meaning of a Memorandum of Understanding

texts:
I recently watched a video of a controversial head-of-state expressing his views on MOU's in the context of international trade.   It seems the view expressed boils down to "An MOU is not a contract/binding agreement".

A senior negotiator responded asserting that an MOU IS an actual contract.  Commentators poked fun at the head-of-state "not knowing that an MOU is an agreement".

My belief loosely mirrored those expressed of the head-of-state's - ie that an MOU is more of a "guidance document" from which contracts/agreements follow.  I expect a court might consider it as part of a understanding larger picture of an unclear agreement, but that an MOU is  not a reliable legal document, often falling short of an agreement and are not binding to anything like the same extent that a contract is.

(To the extent anyone may be aware of the specific MOU controversy  in question, I do not believe that an MOU is meaningless, rather that it is an imprecise document with very limited enforce-ability. I do accept that the contents of the MOU make all the difference and some may be more enforceable then others depending the extent to which they contain all the elements of a contract)

So 2 questions -

Does an MOU have a different meaning/status/relevance in trade agreements to a typical MOU (a view expounded by some detractors of the head of state)?
Is my understanding of an MOU flawed ?   Is an MOU on trade equivalent to a Trade Agreement?


texts: Should I put Copyright Notice on my content before I submit for copyright?

texts:
I am from India and I have made some computer information based videos.
I am going to sell them soon. Well, my problem is I have put a copyright notice while making the production of the videos.

Like a label at the footer of the entire video. Here's an example:

  © 2016 Produced By MY NAME, All Rights Reserved

Well, once I complete the video,  I am going to to submit it for copyright.

Is that OK to put copyright notice before submitting for copyright or will there be an issue?


texts: Could President Obama do as Sen. McConnell says and leave the SCOTUS nominations to the next President?

texts:
The related question, Could the President abolish the Supreme Court?, addresses the extreme situation, whether a President could realistically shirk his Constitutional duty to appoint new SCOTUS justices indefinitely until all sitting justices had died/retired, and by so doing indefinitely prevent the Court from hearing or deciding any cases.

This question is more narrow and more practical. With Scalia's death, Obama is seemingly bound by the Constitutional definition of his office under Article 2, Section 2 to appoint a replacement. However, Senate Majority Leader Mitch McConnell has said that he believes the next President, not Obama in his lame-duck last year, should choose Scalia's successor, and has made it clear he intends to block the confirmation process of any Obama SCOTUS appointee any way he can.

The question is simple; does President Obama even have the option of not nominating a replacement, leaving that task to his successor as McConnell says he should, or does Article 2, Section 2 require him to at least put forth a nomination before he leaves office? Obama himself has said he does not believe he can do anything other than appoint someone.


texts: Is it illegal to retaliate against employees for sharing salaries?

texts:
I read on EricaJoy's salary transparency experiment at Google:

  It's illegal to retaliate against employees for sharing salaries.

Is that so, in the United States?


texts: Is it illegal to send mail through the US Postal Service with a missing or fake return address?

texts:
Is this illegal:

Let's say someone wants to send a letter to a recipient.

But if the sender were to put the correct return address and name on the letter that it likely will be thrown away by the recipient unopened.

So they put the name of a fictitious or incorrect name and return address on the letter, or they put the name and address of a legitimate business (but not theirs) on the letter in hopes that the recipient will open it and at least read the first page of the letter (which would then get them to read the rest of it).

What laws does this break? I'm thinking 18 U.S. Code § 1342 - Fictitious name or address, but not sure if it breaks this or others.

There is nothing in the letter except information. There is no attempt to obtain money, make any trade, nor anything else except the content of the letter, which is simply factual information only.


texts: In a civil case, do both Plaintiff and Defendant have the same exhibit lettering?

texts: For instance, if the Plaintiff files a complaint and references "Exhibit A" and the Defendant files an answer denying the allegations of the complaint and also wants to reference some document/evidence, does the Defendant start labeling their documents with "Exhibit A" or do they start where the Plaintiff left off (i.e. "Exhibit B")?


texts: Can textbook questions be quoted in the source code of an open source project?

texts:
The specific case I am referring to is here: https://github.com/dharmatech/Symbolism#examples. I am considering following suit and quote textbook questions which act as test cases in my own open source project related to symbolic algebra with the MIT license, however I am reconsidering this once my professor denied sharing textbook questions instead of using page and question number references due to copyright concerns.
Which is right? Can I quote textbook questions verbatim?


texts: Is a public IP address classified as "personal data" for a third party under EU law?

texts:
Situation: an individual in the EU has a web site available on Internet (= if you are on Internet, you can connect to that web site). The IP addresses of the connections to this web site are stored in the logs of the web server.

Question: are such public IP addresses classified as "personal data" under EU law?

Notes:

the web site owner has no possibility, by themselves, to link the public IP with an individual
the IP address can be linked to an individual by the ISP. This ISP is unrelated to the web site owner
there are numerous discussions about the fact that "an IP address is personal data". When digging into the documents, it becomes less clear because one of the conditions for the IP to be PII is, for the one who handles that IP, to have the "legal means" of obtaining access to the information held by the ISP in order to identify the individual. (see here or here)


texts: What is the meaning of "term" and "condition"?

texts: Whenever installing software you see "click yes to accept the terms and conditions". What is the actual meaning of a 'term' and 'condition'?


texts: Can I host free government or bank forms on my website?

texts:
If I host government forms or any other free forms on my website just for consolidation or ease-of-access, could I face any legal issues?

I live in India.


texts: Trying to ecape a hostage situation that is under police control

texts:
I'm currently watching "la Casa de Papel" a.k.a. "Money Heist", which is a series taking place in a hostage situation. There are a lot of things happening, of course, but there were two incidents that raised some "legal" questions in me.

Sorry, there may be spoilers.
Also, I am not a law person so my wording might not be correct.

Incident one:

  Hostage A is trying to secretly steal a weapon from the heist men,
  hostage B (which happens to be an employee of A) sees him
  and then A is threatening him that if he says
  anything he will fire him after the heist.

Incident two:

  Hostage A and three of the heist men (after a failed escape attempt) are pointing guns at each other, Hostage A threatens them to open the door, the Heist men try to convince him to put the gun down, then,
  Hostage C disables Hostage A.

Since the heist is under police handling, could anything you do inside the heist considered as interference with the police work?
e.g. if the behavior of Hostage A causes a shooting that results in people getting killed - but not by Hostage A. Will Hostage A then be responsible for those deaths since he interfered with police work?

If yes, are the Hostages B and C justified for their behavior for trying to stop Hostage A?

Since the country may matter, just for the sake of it, let's assume that the events take place in Spain.


texts: Dog was attacked, owner gave false info. What to do?

texts:
So here's the situation:

First of all this is all happening in Ontario

My friend's dog was attacked recently by a 6 month old boxer, which despite its age, was strong. She (the attacked dog's owner) was mildly injured as well.
The boxer's owner then gave her false info most likely to avoid paying vet bills. The boxer's owner then entered a home in the area.

Afterwards:

The vet bill totaled to over $1000 (CAD). My friend was forced to pay out of her own pocket as she had been given false contact information. She also had to be vaccinated as no one knew whether or not the boxer had its rabies vaccine or not.

She called the police, and reported the house mentioned earlier. The police questioned the homeowner, and they allegedly told them they barely know the boxer owner, and that she was just coming in to get water (not even a name was given). This is presumably a lie because its unlikely someone would let a complete stranger and their dog into their house. Also it seems suspicious that the homeowner did not give any helpful info at all, they were clearly withholding info.

The only info we currently have is the dog and the owner's descriptions.

What can we do in this situation? We are certain the homeowner is withholding information.


texts: Are members of other tribes allowed to live on reservations?

texts:
From my (admittedly surface) knowledge of Native American reservations in USA, they typically are enclaves of one specific tribe. And not all tribes historically were friendly to each other.

Are there any rules in place that would prevent members of another tribe to settle in the reservation? If so, how do those rules mesh with federal laws of USA?

(I'm specifically talking about formal rules, NOT social norms where an outsider may simply be made to feel unwelcome enough that they would want to leave on their own).


texts: Under what circumstances is it OK for a layperson to shoot a fleeing burglar?

texts:
This question and quotes below (emphasis added) come from an article in today's paper titled "‘He started crying like a little baby’: 11-year-old brags about shooting suspected home invader."

A known home intruder was taking some things from a house.  An 11 year old, home alone (/with the dog) at the time, picked up a gun and ordered the man out of the house.

  Once the man made it outside, Chris fired a warning shot. The man, who was carrying a stolen laundry hamper, began running. Chris emptied the magazine, firing off 12 shots by the time the intruder neared a fence in the family’s front yard...The final shot hit the man in the leg as he was hopping the fence.

The Hunstville Times reports that use of deadly force for self defense is allowed in Alabama under the following circumstances:

About to use unlawful deadly physical force.
A burglar about to use physical force.
Engaged in kidnapping, assault, robbery, or rape.
Unlawfully and forcefully entering a home or car, or attempting to remove a person against their will. (There are exceptions for people who used to live there and are under no injunctions or domestic protection orders.)
Breaking into a nuclear power plant.
Using or about to use physical force against an owner, employee, or other person authorized to be on business property when the business is closed to the public while committing or attempting to commit a crime involving death, serious physical injury, robbery, kidnapping, rape, sodomy, or a crime of a sexual nature involving a child under the age of 12.

Here, the alleged burglar was running away carrying some property, but which of the circumstances above does that fall into?  Is "physical force" defined in the physics sense of accelerating mass?  Is there another law which justifies this, that those articles missed?

Why is the shooter in that story an unprosecutable hero, and what set of conditions would allow someone else to justifiably shoot a fleeing burglar?

A comment has questioned the note about this shooter being "unprosecutable" but you can find support for that in the media coverage.  The kid openly brags about what he did in international media and describes how the lesson folks are supposed to learn from this is "don't steal from us because we'll use deadly force in defense of our property," a use of force the state is showing is legal in practice. There is no discussion about prosecuting the shooter, from any relevant source (as far as I can find) and the only "suspect" referred to is the thief who got shot.  The New York Post explicitly concludes, "The eleven-year old faces no charges, as Alabama law allows for one to use deadly force in the event of unlawful entry or burglary."  All I could find  from relevant sources was praise for the kid and his parents, who left the poorly trained 11-year-old alone with easy access to the loaded firearm.  This source quotes an officer praising the boy's use of the weapon for self-defense and also asserts there are no charges pending.
All coverage gives the clear impression that the only action being considered as a violation of the law is the theft.
Yes, I am wondering in this question what makes it a justified shooting.  What are the circumstances that make it OK (in practice) for a layperson to shoot a fleeing burglar?


texts: What is the extent of "technically feasible" in common law?

texts:
If a law requires a website to perform a duty towards its users as far as technically feasible what is the extent ? Does it mainly take care of financxial costs? Meaning is something that is possible using existant technology but very expensive and has huge impact ( negative ) on the other users if little mistake is made in the process reasonable and technically feasible just because it is possible to do so considering that not performing it will not cause significant damage given technical measures ?
"Technically feasible" takes into account cost of technology or not ?


texts: Can an employer force an employee to have a social media account and put their current employment information on the profile?

texts:
A person I know recently received some new rules from their employer regarding expected social media behavior, which they need to sign. Before signing, I started reading it, and the last point mentioned was that the employee must have at least one social media account with the job title and description information on their profile, or the could face disciplinary action.What if the employee does not have a social media account, or simply does not want/care to put their employment information on social media?

Can an employer force an employee to do this?


texts: Landlord locking out tenants to force them to visit

texts: Suppose a tenant has access to their rented UK flat using an electronic card system which is maintained by the landlord.  Is it legal for the landlord to use the system to purposely lock the tenant out in order to force them to visit (for instance, to pick up a new replacement card or for some other reason).  If not, what specific law is being broken?


texts: Is it forbidden to sell a device that mimicks a third party's device USB descriptor?

texts:
This is a pretty USB specific question, I was redirected here from the technical stack exchange.

I am trying to figure out what the legislation is around the development by company A of a USB peripheral for use by hardware/software developed by company B, where company B developped a peripheral that A's device is a clone of (in term of functionality - they're not stealing the implementation/blueprints). Company B did not consent to anything.

Company B is having its hardware/software check the USB descriptor of the peripheral in various ways before accepting to use it. Vendor ID, Product ID, iManufacturer... Long story short, let's say the product will only function if its USB descriptor entirely mimicks company A's product's USB descriptor.

What does the law say about mimicking USB descriptors ? Is there a uniform law over countries on this subject ?

To give a concrete example, let's consider third party controllers for a video game console. Company B sells consoles, and special USB controllers that use a custom protocol to communicate with their console, which looks for a given VID/PID to try to communicate with the controllers. Company A wants to manufacture third party controllers and sell them. Doing so requires using company A's product's VID/PID, or they can't work. Can they proceed ? What is there to consider ? Are all companies currently doing this breaking the law ?


texts: What copyright terminology do I need to include in my thesis (for a new encryption algorithm)?

texts:
I'm about to publish a thesis on a new encryption algorithm I devised, and was told by my Committee Chair that I would need to include:

A copyright page - to safeguard my work from being patented by some other organization (locking myself and others from using the algorithm).
A section releasing my work to the general public (for it to be used by everyone and anyone without fear of litigation from myself or any other party).

Question 1: Do I need a copyright page?

Question 2: If so, would anyone have an example of what a copyright page should look like for something like an encryption algorithm (if there is even such a distinction legally speaking)?

Question 3: Do I need to include a section releasing my work to the general public (or is simply publishing my work online sufficient)?

Question 4: If so, where would this section be included? For example, would I include this section in the copyright page / section, or should I include this section on its own page? Should this section be placed at the beginning of my paper (before my abstract) or someplace after?

Question 5: Does anyone have an example of what this section (freeing my work to the general public) should look like? Also, if I wanted to ensure that any further work by any other party using my algorithm is also not locked down / patented etc (so that any derivative works are also freely available to the general public), what sort of terminology would I need to include?

Note: It would be extremely helpful if someone could provide me with the exact text that I'd need to include in my paper (rather than a link), so that there is no confusion on my part and I can simply copy and paste the sections into my thesis.


texts: When does liability and actions defer to the corporation

texts:
This question arises from the following question:
WorkPlace_Refusal

If you are requested by an executive to perform a task that you believe is illegal, the executive assures you that it is legal, and later your actions are found to be illegal, what happens.

examples:

Use this javascript code from otherCompany webpage.
Don't fill out this expense in the report
etc.

In the original workplace question, could the employee be found infringing if he was acting on good faith?

Civil vs criminal?

Does the complexity of the statute have any bearing (e.g. Thou shalt not kill is pretty clear rule)


texts: Can universities organize remote exams without providing the technical means?

texts:
Many French universities require their students to take exams remotely, often through a computer, without providing the necessary equipment to perform these tasks. And here I am not talking about covid-19 crisis but before the global pandemic.
I find this practice barely legal when the French education code requires establishments to verify that students have the technical means necessary to carry out exams.

The conditions for validating lessons, given in the presence of users or remotely, where applicable in digital form, are set in each higher education establishment at the latest at the end of the first month of the teaching year and they cannot be modified during the year. The validation of lessons, controlled by tests organized remotely in digital form, must be guaranteed by:

1 ° Verification that the candidate has the technical means allowing him to effectively pass the tests;

2 ° Verification of the candidate's identity;

3 ° Supervision of the test and compliance with the rules applicable to examinations.

Hence my question: Do universities have the right not to provide the material necessary for students to carry out exams remotely?
I know only one University that follow this rules in France : The Sorbonne, Paris. My University and all others I know doesn't respect it.


texts: "due process" hearing concerning returning to work after medical leave

texts:
My wife works at a local university as an accountant.  Or perhaps I should say "worked" ... she suffered a brain injury in late December.  She has recovered physically for the most part, but still has significant issues with short-term memory.  So knowledge work is not a very realistic option at this point, and consequently, she is still on medical leave.

We just (yesterday) received a letter from the university.  They want to convene a "due process" hearing to determine whether she can return to work and what accommodations might be necessary.

It's not (IMO) unreasonable for them to ask whether and/or when she intends on returning to work.  And we live in a state (Ohio) where employment is "at will" (either the employee or employer may sever the relationship at any time).

At the same time, recovery from this type of injury is typically 1-2 years.  (That doesn't necessarily mean everyone makes a full recovery.  It means that, however much a person recovers, 90%-95% of that is going to happen withing 12-24 months.)  So December 2017 / January 2018 would be a more appropriate time to have a discussion about her long-term capabilities.

And I am somewhat concerned that the hearing is next week, and they want a list of people who will testify on her behalf by the end of this week (three days from now).  It was probably unlikely that I could get any of her doctors or therapists to this meeting; but with so little notice, I have zero chance of getting any of her medical providers to the meeting.

I'm not looking for specific legal advice so much as I'm wondering if this type of hearing is a standard procedure ... and if so, I'd like to have a rough idea of what to expect.

Update / Clarification:
My wife's employer is a state school (not private).  I don't know for certain whether her position would be classified as civil service or not; but I would guess that it is (civil service), since she is required to contribute to the state employees' retirement fund.

I do not believe her position is covered by a collective bargaining agreement -- as I understand it, most positions at this university are not (although some functions, e.g. maintenance or campus police, may be an exception).

Update 2:
The university agreed to postpone the hearing.  And I did contact an employment attorney.  His opinion was that this was probably just a routine formality -- policy does say that medical leave should be reviewed at or about six months -- they would probably just extend her leave, and it would be a waste of time for him to attend the meeting with us.

He was partially correct.  The meeting certainly was a formality, and it probably would have been a waste of time for him to attend.  But as to the outcome ... they had obviously already made the decision to terminate her employment.


texts: How do I split the copyright from my employer?

texts:
I have gotten permission from my employer to publish a project of mine as open source, but I have the opposite problem from this question—my employer doesn't want their name associated with the open-source project.

I'm happy to do that, of course, but I want to get the legalities straight. The copyright belongs to them, so if I were to be honest in my copyright statements, I'd have to put their name.

The support for this effort is tepid at best, so I don't want to scare them off. The options as I see them are:

Get written permission, but don't put a copyright statement. Someday someone might ask me who owns the copyright, and I'd have to tell them the company's name.
Transfer the copyright to me and give an irrevocable license back that says they can continue to do whatever they want. I like this, but I'm not sure they'll go for it.
Split the copyright, so that my copy is mine and their copy is theirs. I think they'd go for it, but I have no idea if it's legally possible.

What should I do?


texts: UK: Is it legal to secretly audio record a meeting or a phone call? Is it possible to use such recording in court?

texts:
In the United Kingdom:

Is it legal to secretly audio record a meeting (in an office) or a phone call while being a participant?
Is it possible to use such recording as an evidence in court or employment tribunal?


texts: Is abortion of children with Down's syndrome legal in EU?

texts:
In many countries of the European Union, abortions are performed on women after knowledge of down syndrome in the embryo. In some countries this disease has almost disappeared from the population. And according to MIT news in recent months, we are now on the verge of being able to detect other diseases such as some form of diabetes.
We must not forget that we can also already suppress HIV in births, even if for this virus, the probability of seeing it disappear from the population is much lower.
All this means that in a few years the countries of the European Union will be able to create populations almost disease-free at birth.
The definition of eugenics is :

the study of or belief in the possibility of improving the qualities of the human species or a human population, especially by such means as discouraging reproduction by persons having genetic defects or presumed to have inheritable undesirable traits (negative eugenics) or encouraging reproduction by persons presumed to have inheritable desirable traits (positive eugenics).

And we already know that article 3 of EU charter of human rights prohibit "eugenics practices".
My first question is : Why does practices are not considered as eugenics practices following EU charter of human rights ? And my second question is : If it is proven that the constitution of human rights does not prevent such abortions, does this mean that it does not prevent abortions based on the probabilities of the height or IQ of the future child either?


texts: Ownership of Work Copyright by Multiple Authors

texts: If a work is "Copyright © year Author One and Author Two" (with no written or verbal agreement between Author One and Author Two regarding regarding ownership), what rights does each individual author have? Can Author One republish the work or create derivative works without the permission of Author Two, or does Author One require permission from Author Two to do this? Any other legal ramifications?


texts: To what extent can the government saying "we won't prosecute X" be used as a defense?

texts:
Suppose the DOJ says that they won't prosecute anybody for doing X. John Doe then does X, and the DOJ prosecutes Doe for it.
Can John successfully use the defense of "the DOJ said they wouldn't prosecute"?  If so, what are the limitations of that defense?


texts: Can the developer place a cellular antenna after purchase

texts:
My friend bought a flat (leasehold) directly from the developer in a London estate. There are a few courts in the estate but it is all managed by the same management company which is associated with the developer.

The flat was bought off plan months before completion.

After moving in my friend discovered a massive antenna on one of the buildings, not the one they live in. However they are very concerned and would have pulled off if they'd known.

Other than getting along with the developer, what legal options do they have to action against it?

Not sure if it matters but it was bought with Help to Buy (20% of the flat belongs to the UK government) and the lease is for 999 years. There are social housing and shared ownership in the building too.


texts: At what point do immigrants acquire the right to due process

texts:
I am asking this because president Trump is calling for sending immigrants who approach the border from Mexico to be sent back without due process. I strongly suspect that it is illegal but a lot of googling and watching cable TV has not pinned down a possible loophole.

While it is completely uncontroversial that any person on US soil has the right to due process, I have not seen anything that gives these rights to people who approach the border but are prevented from crossing it. Specifically, what allows them to be granted admission, activating their right to due process.

The fourteenth amendment does explicitly protect “...life, liberty, or property, without due process...within its jurisdiction...”.

questions:
 - does interaction with a US border guard, even if one isn’t yet in the country, count as “within its(USA) jurisdiction”?
- does refusal of admittance violate any of life, liberty or property?
- is the proposal of the president legal?

I had expected that this question would be answered here alreadynbut I was unable to find anything.


texts: Why does Russia require international companies to store their data on servers in country?

texts: Why does Russia require international companies to keep user data on servers within the country?


texts: What is the law regarding left-turns at four way stops?

texts:
A friend just got in a collision at a four-way stop turning left. That friend has insisted that they came to a full and complete stop. Nolo seems to indicate that the general rule is that it's always the left-turn'ers fault, but they don't address four-way stops. What is the liability at a four-way stop.

Her car was hit on the passenger's side. The other car was hit on the front left bumper. The other car could have simply stopped and waited for the turn to complete.

Here is a picture of the intersection. She was leaving the parking lot, on the right at this camera angle, turning left. The other car had a stop sign, and hit her. She claims she stopped and had the right of way though.

The angle from which both cars where heading. The route from the right is the parking log, and from the left would be the vehicle driving straight.

The angle from which the car the car that hit my friend was heading as she was heading straight. She claims she stopped at the stop sign.


texts:
Suppose I commit a murder of a federal official and get away with it.  Later I discover that some other unfortunate individual is being prosecuted for the murder I committed.  I feel sorry for him, so I confess to a lawyer and wonder if I can do anything to get the innocent defendant free.

Can my lawyer communicate anything to the prosecutor (or defense counsel) that would cause me to be subpoenaed, at which point I would invoke my fifth-amendment rights?  Can this be done in such a way that the prosecutor would absolutely move the court to compel my testimony under immunity?
Suppose I have been given prosecutorial immunity.  Now I provide testimony that exculpates the defendant and implicates me beyond a reasonable doubt for a number of crimes in multiple jurisdictions: murder subject to both state and federal prosecution, as well as other felonies related to the commission of the murder that would have never come to light but for my testimony.  Am I truly immune to prosecution for any of those crimes in any U.S. jurisdiction?
But now aren't I subject to civil liability?  E.g., the family of the victim would absolutely win a judgement for Wrongful Death.  How is it justifiable for a court to compel me to give evidence that will ultimately impoverish me, even though it does not result in my incarceration?  Or is there some protection against this sort of collateral damage?