texts: Is EasyJet's website misleading and wrong regarding EU regulation 261?

texts:
Easyjet's website https://www.easyjet.com/en/help/contact says:

  "Apply for EC261 Compensation

  If your flight has been delayed by more than 3 hours on arrival or was
  cancelled within 14 days of departure you may be eligible to receive
  compensation"

However, the regulation is this:
https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32004R0261:EN:HTML

According to the regulation:

  Delay

  When an operating air carrier reasonably expects a flight to be delayed beyond its scheduled time of departure:

  (a) for two hours or more in the case of flights of 1500 kilometres or
  less; or

  Right to compensation

  Where reference is made to this Article, passengers shall receive compensation amounting to:

  (a) EUR 250 for all flights of 1500 kilometres or less;

Is there something I do not understand correctly, or is the Easyjet's statement wrong and misleading?


texts:
I feel https://travel.stackexchange.com/q/134011/4188 should have been asked here so I am doing it.

  To travel with a discounted Youth Pass, you must be aged from 12 up to and including 27 on the start date of the Eurail Pass.

Is there a legal definition of what "age" is here? Some people in the linked Q&A insist it is based on birthdays but I can't find anything to back that up. In other words, if I was born on Feb 31, how old I am on Feb 30 legally? (nonexisting days are deliberate to avoid the discussion on me doxxing myself)


texts: Is there a law that requires allegiance or respect to the Office of the President of the United States?

texts:
It has become common in America today to hear people refer to the President of the United States as "not-my-president". Is such a statement as saying that the head of our Executive Branch is "not-my-president" something that's unlawful for any citizen or member of the military?

Although we have freedom of expression in America (and I wholeheartedly support it!), there is already a proposal to make it illegal to burn the flag of the United States. I do believe a kingdom divided against itself will hardly stand!

So likewise--short of encouraging draconian rule--I'm wondering how as a country we've considered or dealt with reducing or curbing the division that can arise from such public displays of rebellion against the leader we lawfully elect into office. Perhaps there's a rule about it that would only apply to the military. Or maybe there is something requiring allegiance or respect out of each citizen for the Office of the President.

If not, I'd like to know if any such bill has ever been introduced to the House of Representatives, and whether there is any online reference where I can find out more about past issues or ongoing discussions regarding this matter.


texts: Can't renounce my citizenship due to being a deserter; can I apply for a German citizenship?

texts:
I'm a Turkish citizen who is studying in Germany for the last 5 years. As might not know, in Turkey, there is compulsory military service for every men. But, I don't want to do it (I don't want to be physically present in a Turkish soil). There is also the option of paying ~6000Euros and just doing your military service for 3weeks, but I don't want to do it either; I don't have that much money for that kind of thing.
Now, I want to become a German citizen by naturalisation, but Germany doesn't allow me to have dual citizenship unless I have no other options.
To do that, I want to renounce my Turkish citizenship but the government will be asking me to do my military service in a couple of months and I have no other excuse to give them, so I'll be a deserter, and the Turkish government doesn't allow anyone to renounce their citizenship if they deserted from their military service. So, long story short, there is no way I can renounce my Turkish citizenship.
My question is, in 3 years, I'll be able to apply for a German citizenship but I won't be be able to renounce my Turkish citizenship (due to being a deserter). Will the German goverment recognise my situation allow me to apply for a German citizenship? Have there been similar cases before? If so, what was their result?
Note that, criminals are not allowed to apply for a German citizenship, so I don't know whether the German government would consider being a deserter as a being criminal.


texts: If a company actively and knowingly displays user passwords to their staff, is it breaking GDPR laws?

texts:
I used to work for a company, where they have a team of moderators, who actively monitor which accounts are scammers etc. To monitor this they can find links between user accounts via a users password, so they are able to see all user passwords in plain text.
Is this breaking any law or is it more just morally run?


texts: Can everyone who participated in the Capitol riot be charged with murder?

texts: Doesn't US law stipulate that anyone participating in a crime is equally guilty for the crimes committed during the commission of that crime? That is to say, since there were multiple deaths as a results of the riot at the US Capitol can all the rioters be charged with murder?


texts: Is it legal for an auctioneer to know max bids and place bids themselves to increase the price?

texts:
There is an online auction that has the option to place a max bid (an automated process for the bidder to bid up to a specified value). Also, in the terms & agreement for the auction, it is disclosed to the buyers that the auctioneer can place bids on behalf of the seller. If the auctioneer also knows the max bid (of the real potential buyer, let's called that person BidderA for clarification) and places shill bids (fake bids) to increase the price all the way to the BidderA's max bid, is that illegal?

The buyers and sellers do not know that the auctioneer can see max bids as well.

Edit:

An example for clarification: ItemA's highest bid is $100 and has a minimum of $5 increases. BidderA places a bid on ItemA for $105 but they also are willing to bid up $200 so they place a max bid $200.

The way the max bid should should work is if BidderB places a bid of $150, the auction site will automatically place a $155 bid for BidderA and BidderA is still the highest bidder. If BidderB placed a $250 bid instead, they would become the highest bidder.

Instead, what is happening is that the auctioneer (the company running the auction) sees that BidderA placed a max bid of $200 and places a bid for $195 (for what they claim is on behalf of the seller). This then triggers BidderA to automatically place a bid $200. It basically ensures that whenever someone enters a max bid, they will pay that amount if they win the item regardless of whether or not someone else makes a bid.


texts: Extension of warranty due to malfunctioning product

texts:
Currently I am struggling with Dell customer support, which inspired me to find out more about my rights as a customer and additional information about general laws which are in place regarding warranties.

My purchase at Dell provides me with a warranty of one year. However, I have been experiencing issues with their product for over three months now. During this time I continuously was in touch with tech support, and have had three hardware replacements made to fix the product, all of which failed. At the time of writing, over three months into my warranty I have thus yet to receive a functioning system.

My questions pertaining to this therefore are:

Is there no ruling in place for the warranty to be extended in order to make up for the lost time where in principal no functioning product was delivered?
Is there any ruling which concerns itself with compensation for the delayed delivery of a functioning product?

The reason I ask this is my intuition tells me it would be rather unjust to provide 'warranty support' for a full year, continuously trying to fix a laptop, after which the warranty expires and still no functioning system is delivered.

For reference, I will link to Dell's Limited Hardware Warranty. However, I am wondering more specifically about more general laws which are in place to prevent this.


texts: Handling a disputed invoice: verbal quotation

texts:
If a professional services firm gives a verbal quote (in line with market rates) but then bills for services that, by an order of magnitude, exceed the original quote (and market rates) – what recourse does the recipient of the invoice have to rectify the issue?

Assuming the recipient of the invoice formally notifies the issuer within 21 days or receipt of the invoice that they dispute the amount – and then fail to hear back from the issuer of the invoice, how can the recipient move forward to a satisfactory resolution from a legal standpoint?

Should the recipient pay the undisputed amount in the mean time? Or does payment of the undisputed amount imply acceptance of the wider charges of the disputed invoice?

More generally, is it legal for a professional services firm to stack up additional charges and services beyond the initial quote without informing the client of their intention either verbally or in writing?

Finally, if the issuer responds and refuses to enter into a satisfactory dialogue with the client to re-issue an invoice in line with the initial quote, how will a mediator look at the body of evidence to determine a final charge?


texts:
Suppose a UK university allows students to intermit for a year, and then return to continue their studies on the basis that they do not enter the city in which the university is based during that time.  If the student is found to have been within the city, the university will not allow them to continue their studies.

This applies to British citizens who would not usually be prevented from travel within the UK.

Is this policy in breach of any UK legislation.  If so, what?


texts: What about if a company use the information that you shared during interview

texts:
I am a software engineer in Germany, I had an issue and i don't know how to react:

Several weeks ago i had a job interview with a recently founded startup; I met with a co-founder of startup and we had an interview more than an hour long. The first of the things he talked about was that they had just founded the company and needed someone who would commit to the company as a technical leader. The company is going to have a mobile app aimed at a specific sector; but the guy didn't know anything about software world. I explained my experiences and I told how should they behave, which kind of technology they should use, what is the profitable approach to develop this application.

The guy really liked what I said and offered me a job. We had a deal but without any contract; because he offered me a salary that did not make sense for me. After i denied this salary he said the salary is negotiable, he can rise my salary and share a part of revenue with me; but he also asked about time to clarify this topics.

We had two more time meetings and several phone calls and a lot of mails and text during this time. I shared with him some more information about technical issues. I did some research and I shared the results with him. Everything was ok and I was waiting for the contract, but yesterday I asked about the salary that he is going to pay and some more topics about work via a message and today he just call me back and said he can not work with me without giving any more details.

Now I want to ask, is this legal? Can he use information that I shared with him like profitable technology choices?

I don't know someone else who has had similar experiences; but it really bothers me and I just want to hear some expert's ideas.


texts: Was there a consideration in Merritt v Merritt case agreement?

texts:
The Merritt v Merritt case is often used in teaching Contract Law for demonstrating one of the six elements of contract — intention to create legal relations (the parties had been separated and the agreement was in writing which demonstrated the intention to create legal relations).

What, however, puzzles me is that one of the other essential elements of contract — consideration — does not appear evident in this case: Mr. Merritt agreed to pay monthly allowance and to eventually transfer the house to Mrs. Merritt. But what did Mr. Merritt get in return?

The judge said:

  ... Next he said that there was no consideration for the agreement. That
  point is no good. The wife paid the outstanding amount to the building
  society. That was ample consideration. It is true that the husband
  paid her £40 a month which she may have used to pay the building
  society. But still her act in paying was good consideration.

So, essentially, Mrs. Merritt acted as an agent by taking money from Mr. Merritt and using a portion of it to pay their joint mortgage. Was this "service" considered an "ample" consideration? Would it be considered so nowadays?


texts:
In a news article describing a local attorney's multiple lawsuits against various officers in the police department of Salem, NH, the article said:

  Vogelman files the suits in federal court because he says it’s “almost
  impossible” to sue a police officer in state court, given statutes
  that insulate them from litigation.

What statutes are these?


texts: Speed bumps on private non-hoa road (California)

texts:
I live on a private non-city-maintained road. There are ~30 houses, and I'm roughly in the middle, it's a dead end road. There's no HOA and since we get snow there's one neighbor who has done the job of asking everyone to chip in for snow plowing, and then another neighbor got a quote for repaving and most of the residents paid that too. It's an old road and no one on the street is interested in doing the work and expense of getting it town-maintained. On the county's parcel viewer the road itself is not owned by anyone.

About a year ago a neighbor moved in that drives very fast on our small little street. He's almost hit me, and more importantly I have two little kids who I'm terrified are going to get hit by a car. I called my police officer friend (in this city) and he said there isn't much he can do. There's no speed limit since it's not a town road. We've talked to the neighbor several times and he always just says "I drive fine, I slow down when I see the kids, I can stop fine." He's really a jerk, to be honest. My wife and I, and another neighbor with small kids, is genuinely scared of him hurting out kids.

I went out and bought some speed bumps, like actual industrial versions that can be bolted to the ground. They're yellow and black with little reflectors in them, the kind a condo complex would install. They're removable so I can pull them in the winter for snow plows to operate.

A friend of mine said that by installing them I'm introducing liability on myself because if anyone has an accident right there they can blame the speed bumps. I'm trying to figure out if I have legitimate legal exposure, and what I can do to mitigate it. I'm planning on putting them (two of them, about ~5 apart) in front of my property on the road so I can put signs up. I can write letters and hand deliver them to every neighbor. I can put a public notice in the local paper yearly. I don't really care what I need to do, but I have to get this guy to slow down before he kills someone.

Cliffs: I want to put down speed bumps on a private road that I live on to slow down dangerous driving and don't want to get (successfully) sued for it.

Any advice would be appreciated.


texts: Can high schools legally withhold transcripts when a student tries to apply to college?

texts: I graduated a year ago (June 2014) and took a year off to explore the world. Having finished my year, I went to apply to colleges, but my high school refuses to provide the transcript. In my best attempt to summarize the emails with the guidance department, accessing my grades has become inconvenient, and they wish me the best of luck getting them from elsewhere. Is this legal? What are my options?


texts: Is the banning of large events in the USA constitutional?

texts:
Recently several US cities banned large gatherings of events such as listed here.  Given that the 1st amendment of the US constitution states

  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.

How is banning such events constitutional with the freedom of assembly?  If it were a political protest/gathering would this change?


texts: Does Syria have a law that states fleeing from the country is illegal?

texts:
I was reading this interesting question at Expats SE. It states:

  I am a Syrian refugee who escaped the war! In my country I am considered an outlaw for doing this.

So, this makes me curious. Does the Syrian government forbid citizens from fleeing the country?

I've tried googling this, but there are so many irrelevant results, and my Google-fu belt is only yellow.


texts: Growing hot chilis in private but accessible garden

texts:
I own a few acres of land in a community garden were I plan to grow some of the hottest chilis in the world. The community garden is clearly marked as private property and fenced in. However the gates are not locked and can be opened by anyone. As a matter of fact the community garden plots are near a popular hiking and jogging track and it is a well known "secret" that random people regularly walk through the gardens - which is not a big deal. However it is sadly also known that a good amount of people seem to think we dont mind if you pick an apple or two, some strawberries or whatever - this is a whole different topic.
The chilis I am growing - in terms of hotness - can cause damage to ones health (sensitive body parts like eyes, heart attacks, ...) if handled improperly.
According to the description above it seems to me that the trespassers that are just walking through can be considered innocent without criminal intent and in that role will also not be affected by the chilis. As far as I know it is also not an "attractive nuisance" for animals (chili plants evolved to be a literal unattractive nuisance) or children (fruits, vegetables and so on are not a primary target) running around unaccompanied. Which leaves me with the people stealing fruits from my garden. Is picking fruits/vegetables from private property already enough to be considered criminal intent which would mean I am not liable?
While my location is Switzerland I think this might also be interesting for other countries. Therefore some common law or US interpration would also be interesting to hear.


texts:
Confederate state debts, if interest was imputed, would be an enormous amount by  now. Why are they not recognized as legitimate? If the current US government collapsed and reformed, would the prior debts be discharged? What about state and municipal debts in the same situation?
Even if the political entities are dissolved, are the private individuals and their estates subject to liability for causing these damages,  especially if they made fraudulent statements indicating the debt would be repaid?


texts:
Just start out, this is the closest to right area to post about a question like this I could find. Sorry if this is misplaced.

Anyways, I am looking to start a web design business as a minor ( I am very confident in my web design abilities..) As far as files and actual hosting issues are I am fine. As far as taxes come in, I am also fine as my parents are willing to help me out with where to start on filing them and such. (I have great parents.)
My issue comes in where In what I need to get done to start. Do I have to file for any sort of business classification or can I just get my site hosted and file the taxes if people purchase anything? Are there any legal disclaimers I should post? Also, as a note this is planned to be a solely operated business, owned and staffed by only me. (I believe that makes it a whole lot easier.)


texts: Non disparagement agreement with one company name I posted under another company name on LInkedIn

texts:
I signed a non-disparagement agreement that says the two parties are

"Employee" (my name here) and "Company" (Company Old Name Here).

The company changed names and I posted something on the LinkedIn page for "NEW COMPANY".

The HR director sent me an email reminding me of the agreement. I responded that my agreement was with OLD COMPANY and my post was on the page of NEW COMPANY.

Some facts:

1) In the first paragraph and right above the Company's signature on the last page it mentions OLD COMPANY. Everywhere else in the entire document it only references "Company" from the first paragraph. NEW COMPANY isn't mentioned at all.

2) To complicate matters even more my paycheck was from COMPANY Z and not from OLD COMPANY or NEW COMPANY. This company is made up of about 7 or 8 different companies they acquired over the years.

I replied to the HR director basically saying that I was shocked that she would imply that I would disparage "OLD COMPANY" the company mentioned in the agreement, and that I would never do such a thing. Then I pointed out that my post on linkedin was for NEW COMPANY and that I didn't remember signing an agreement with NEW COMPANY.

How much trouble am I in? Should I get a lawyer? Should I start getting fitted for a prison jumpsuit?


texts: Would the actual escape from a state prison ever incur federal investigation, federal charges, and/or federal prosecution?  If not, who investigates, charges, and prosecutes escapees for escaping from state prisons in California, USA?


texts: International purchase for a family member

texts:
I have little experience with the law, so I wanted to ask about my situation before I take any action.

A cousin asked me to purchase an item on Amazon and send it to them internationally via UPS (I live in the US, they live in Jordan). They wired the money for the item upfront, and I just received it today. Before I purchase the item, I want to make sure this is legal. The item should require payment at customs on the receiving end (approximate value $300). I am worried specifically about two things:

This particular family member has been in trouble with the law, specifically white collar fraud. I am worried about the source of the money I just received. Presumably his issues with the law have been resolved, but he could be lying about that.
Would sending the item via UPS in any way violate customs law? Is this person using me to circumvent paying customs for the item?

I might be too paranoid about this, but I want to be on the safe side before I do anything.


texts: Apartment sending advertisements to me without option to opt out

texts:
I apologize if this has been answered before, I see similar questions although under slightly different circumstances.

I am currently renting an apartment in Texas. My rental company uses SMS to send me updates about various things that require attention — maintenance visits, water interruptions, etc. These are normal and totally acceptable.

However, occasionally I receive texts (spam) from them offering various services that look effectively like this:

  Worried about hail damage? <Apartment Company> has storage with covered parking available. Call <Apartment Company> for more details <phone number>.

To me, this is spam. This is unsolicited and unwanted. I have never authorized marketing messages to my personal cell phone. There is no opt-out option within this message, and no option for opting out of marketing messages within their portal.

I informed the front office that I do not wish to receive any more of these messages. They claimed that because we have a 'prior relationship' that these message are not spam, and are perfectly legal and they have no obligation to allow me to opt out.

Does this legally qualify as spam? If not, why not? And if so, what is my legal recourse? Should I simply file a complaint with the FTC?

In all honesty, I tried to first handle this like an adult by simply asking them to please stop spamming me as it seemed like a small misunderstanding.  However their response has been aggressively rude, and they are quite belligerent in their response that this is not spam and they have no obligation to let me opt out.


texts: Is there a recorded instance of Canada refusing to enforce a USA court order?

texts: Has there been a case where a Canadian court refused to enforce a court order from the United States?


texts: Must employer pay extra for entire weekend of working on a holiday or just day?

texts: I sometimes work Sundays. There is a holiday on Monday, it's Thanksgiving. Where I live we get paid extra for working a holiday. Should I get paid extra for working this Sunday? I'm guessing I know the answer, but other companies in the industry pay extra for the whole weekend and not just the holiday.


texts: When a criminal statute is struck down as unconstitutional, what happens to people who were convicted under it?

texts:
We just had a question about what happens to convicts if a law is repealed. However, that question's example of homosexual behavior wasn't decriminalized in the US by legislative action, but rather by the Supreme Court ruling the laws unconstitutional in Lawrence v. Texas.

Court decisions certainly do have some retroactive effect -- even though Lawrence's actions occurred before the ruling, he couldn't be sent to jail for them. So if you were convicted under some law but that law was later struck down in a different case, do you go free? Does it matter what stage the trial was at (e.g. final judgment with appeals exhausted vs. on appeal vs. in trial court)? Does it matter if you had challenged the law's constitutionality?

Please cite answers.


texts:
At my workplace, we can get paid for a maximum of 15 hours per week (they refuse to pay us anything beyond that), however, they indirectly expect us to work more than that (by giving us tasks, and deadlines which can not possibly be done in 15 hours)

If we work more than 15 hours in a week, we are asked to put the hours in our next pay-period. The problem is we are constantly over 15 hours, and have accumulated many hours over our work term.

Also, the job is live in, and the money we make from working at this job is not nearly enough to even cover the rent (which is the real reason we are seeking legal advice to bring up with our management).

We are contract workers, and have no union, if that helps.

Is this a violation of any kind, and what action should we take?

Thanks in advance for your help!

[EDIT]

My workplace is in Ontario, Canada.

We are basically expected to work beyond the 15 hour limit.

Hope this helps.


texts: Is permission needed to put an extract from a book in thesis as a quotation?

texts:
I want to use a couple of lines from "What is life?" by Erwin Schrödinger as a quote on the front of my thesis. Would I need permission from the publisher or would that be covered by fair use? Also, do I need to attribute the quote properly?
In my thesis, I have:

The quote from Erwin
-- Erwin Schrödinger - What is life?

I reside in Germany so EU laws would apply.


texts: Is it legal for private citizens to "impound" e-scooters?

texts:
This recent article from The Verge claims that two men in San Diego have create a repo company that impounds e-scooters from companies like Lime, Bird, Lyft, Uber and Razor.

However as far as I can tell these guys are doing this entirely on their own accord. They don't have a license from the city. They write "tickets" in their own system and charge their own rates. They are called not by police but by random business owners.

To me this sounds like straight theft and extortion. Is this something they are legally allowed to do? The article claims that they are now being sued by all these big corporations, but it's unclear to my why this is being treated as a civil matter and not a criminal one.


texts: How easy can a divorce be dismissed for lack of jurisdiction?

texts:
Two people are married for 20 years. They used to live in Pennsylvania but moved to New Jersey across the river and lived there for two years.

Wife gets kicked out around January 1 by husband so she takes her minor daughter and moves to Pennsylvania. Husband continues to live in their house in NJ.

Wife hires an attorney and files for divorce in May in New Jersey Superior Court. Husband shows up Pro Se to answer in June. Wife is awarded child support and several other things. Husband DOES NOT contest jurisdiction then nor does he dispute that he lives in NJ at that time.

But in July Husband hires an attorney and files to have the entire divorce dismissed for lack of jurisdiction.

His reasons are that he never changed his drivers license from PA to NJ. That he still has his business in PA. He claims he moved out of the NJ house in January.

Every time the daughter went to visit Husband for visitation, she went to the NJ house. Even as recently as June. Husband was seen coming home to the NJ house several times in March and was photographed doing so at that house.

He claims the house is still owned by him but is empty and he is not renting it out.

How likely is it that he will be able to convince the NJ court that they don't have jurisdiction? What should a good attorney be doing to keep the suit from being dismissed?

If it's dismissed would the entire case be dumped as if it never happened? What if the divorce is then filed in PA and Husband tries to get it dismissed there for lack of jurisdiction? And is a PA divorce usually that much better for a man than a NJ divorce?


texts: Why did the show 'Lucifer' need the rights to the DC character?

texts:
For a little bit of background since I don't expect you to watch the show:

The necessary feature of the show is that lucifer leaves hell and then runs a nightclub

The personalities and features of the majority of the characters are different to the source material; they only share a name.

So if the characters did not share their comic book name (besides Lucifer himself since that's not copyrighted), would the show avoid a copyright strike from DC?


texts: COVID-19 canceled flight, refund request rejected?

texts:
I booked two domestic Malaysia flights with AirAsia in March 2020 for a value of 288 MYR (from a Malaysian city to another Malaysian city, and back; their codes starting with AK), which the airline canceled due to the COVID-19 global pandemic and the MCO decreed by the Government of Malaysia.
After having opened a case in March 2020 and having waited for 4 months, AirAsia now replied to my case (July 2020), rejecting to refund the price of the ticket to my bank account, only offering to give me BIG points for future flights.
What are my customer rights? Does AirAsia have to refund my canceled flight ticket's price?
They initially enabled for requesting for a full refund via their website; now they only display the option of a credit refund or moving the flight.


texts: what criteria do 1099 contractors have to be considered employees?

texts:
Let’s say someone owns a hairstylist shop. They have people who come in and cut hair but they pay them on a 1099 basis. However, they require them to be there at certain times and perform work that would be considered out of the scope of the contract. They require this by threats and intimidation.

They pay by 1099 in order to not have to pay social security taxes, etc. Would these contractors then be considered employees by the federal government since they are expected to ONLY work for this shop, attend to duties not related to their contract and be there at particular times as an employee would.

At one time some of the contractors left and went to other shops. The owner of the shop followed them to the other shop and stood outside staring at them, making gestures, and threatened them via text messages.

Is there a federal agency that could be notified for the apparent labor law violations and possibly a state agency in Texas that would investigate anything else?

How hard would it be to use the Texas stalking laws against them for the harassment and would they have to be notified first in some manner?


texts: Tax law and freelancing as a side-job in Germany

texts:
Is it legally possible for a European (non-German) PhD student/research assistant at a German university (who gets paid according to 75% of the TV-L 13 wage) perform side jobs for international clients (for example, through a platform like UpWork)?

If yes, what are the rules regarding tax declarations, release of receipts, VAT, and so on?


texts: who owns and is responsible for the truck?

texts: My husband's ex girlfriend signed a loan for him to purchase a vehicle before we got married. Since then, he has continued paying on the vehicle the entire time we have been married. He is now in jail. Do I have the rights to the vehicle. Should I be making the payments? Or does she still legally own the vehicle and is held responsible? (My husband and I have been married for 4 years in which he has been the one making the payments.) Also, due to him being in jail, if we proceed with a divorce, will the truck be an asset in the divorce hearing?


texts: Legal issues regarding my personal information?

texts:
To keep it short, I’m an online personality and LLC. I keep my online life separate from my personal life for obvious reasons. However, I received an alarming message on my non-work account on instagram from someone stating that they know me in real life and is going to expose me. I know they’re not lying because they gave details on who they know I’m friends with. I ignored the message and have yet to respond so I don’t know what they want from me. Obviously, I’m assuming they’re trying to blackmail me because after I ignored the message they said “I guess you want to be exposed?”.

I don’t tell anyone what I do online and I don’t tell anyone online about my personal life. They’ve been tagging my work account under photos of my friends accounts exposing what I do online. Is there any legal issues at what this person is doing?


texts: Is a company still required to pay fines if the applicability of a law changes during the investigation?

texts:
This question was inspired by this question on Security.SE, regarding a data breach in a UK-based company.

In short, the data of a UK-based company was leaked by an US-based contractor. Since the UK is still part of the European Union, it is therefore still affected by the GDPR, and may be legally responsible to report a data breach.

One person commented, that said company would only be affected by the GDPR, until the UK would leave the European Union.

Inspired by this, I would like to present a hypothetical situation, in which a UK-based company had a data breach while still affected by the GDPR, but chose not to report it, because that situation would change soon.

However, the relevant offices were informed of the alleged breach, and began conducting an investigation. During this investigation, the UK leaves the EU in a way that EU laws and regulations would not apply to the UK anymore.

If that investigation were later come to the conclusion that the company would have been required to report the breach, would the EU have the right to fine the offending company?


texts: How does one decide on a number when proposing a settlement?

texts: I'm taking my ex-landlord to court. I have multiple claims. He said he's interested in settling and so am I. Is there any standard procedure for coming up with a settlement agreement? Obviously I agree with all my claims in some way so how can I come up with a number? Are there any example settlement agreements proposals online?


texts: Landlord Asking Me to Pay for Weather Damage

texts: I live in an old building in Kalamazoo, Mi and a few weeks ago we had a bad storm with high winds. I was not home at the time but the wind caught one of my windows (that swing out on a hinge) and ripped it off shattering the window. On my most recent utility bill my landlord asked that I pay for the damages to the windows. Do I have good reason to deny this request? If so whats the best way to do that? Can he claim that I was “negligent” in not locking my window? The cost is relatively insignificant ($150) but I dont feel in the wrong here. I also have renters insurance, is this something i should rather bill them for? Thanks!


texts: Plaintiff / Defendant terminology in demand letter

texts:
As I understand the terms are used to described opposing parties in court.  When referring to opposing parties in a demand letter, they are not in court (yet) so I am not sure that this pair is the right label set.

That being said, what is the right label when referring to the parties in a demand letter?


texts: Construction next door damaged our fence, what can I do?

texts:
Several months back construction started in the empty lot next door. They essentially built a house there, and in the process dug up a lot of dirt and gravel. The construction workers dumped this gravel on the border between their working area and my back yard fence, causing the fence to collapse and spilling gravel into our property.

We were told by the construction manager that a fence would be built, but no action has been taken so far as they are not finished. Not only did they cause property damage to us, but we've had to keep our dogs inside most of the time because they can now very easily escape our yard through that collapsed fence.

What legal action can I take to remedy this situation? Would I be able to pressure the company into building the fence earlier because of the damage? Can I get compensation?

This is in the state of Florida.


texts: Are you legally required to delete your company's social media profiles if you go out of business?

texts:
If you're stopping your business (by choice or bankruptcy), are you legally required to delete your social media and blog content?

I'm asking because someone who works for a company that's closing mentioned to me that they are legally required to close and delete all of their company's social media profiles (including blogs, which had valuable content), and I'm skeptical if that can be a legal requirement.

(My example is in the United Kingdom.)


texts:
Can a not-at-fault driver w/out required auto insurance sue for auto accident damages? The question came up while watching two different TV judges making different decisions in very similar cases: one judge granted the damages, and another one essentially used "dirty hands" doctrine to deny the claim on the basis "if you haven't been driving w/out insurance the accident wouldn't happen."

I am curious which one is right? Or that differs from state to state?


texts: Is a highschool diploma a legal document?

texts:
Often places, especially colleges/universities, ask to see high school diplomas prior to enrollment. Employers or certifiers may ask to see one too, regardless of the type of job. My question is, is a highschool diploma a real, legally recognized achievement or barring of status in education, or is it an honorary, social barring? I wonder because it would seem some institutions, places of work, and education facilities far and wide ask to see this as if it were a legally recognized precedent to an initiative, like a job or enrollment or certification of some kind, that they must adhere to by law.

Is a highschool diploma in the U.S. or Canada an actual legal barring to higher education or employment, or is it more of a socially recognized, honorary standing/preliminary?

I ask because it would seem this diploma holds legal doctrines around it when an institution or person demands one as a requirement. Is this a law or is it a choice?

Even a theater job I booked (as an actor) asked to see my highschool diploma when it would seem irrelevant, which is why I ponder if this is a legal initiative or more of a social rule.


texts: Can a person communicate confidentially with a criminal court about a sentence?

texts: I have heard it is at least theoretically possible for a Judge in criminal court in Georgia to reconsider a sentence.  If a Judge is contacted by an interested person to request such a reconsideration, would the court automatically notify the (convicted) defendant?  Or, is it possible to contact a criminal court Judge in a confidential manner?


texts: Joint tenancy survivorship unmarried breaking up no mortage

texts: If the house is paid off and I no longer want to live in it but the joint owner does do I give up any rights by moving out and selling down the road? I want him to be able to stay in the house indefinitely. Both our names are on the title and it reads joint tenants with right of survivorship.


texts: Missing attachment in work contract. Should I sign anyway?

texts:
Here's my situation: I have received a great job offer from a reputable tech company. Everything looks standard, but a document I am supposed to read and understand before signing is missing. I reached out to HR and it turns out this document does not exist (legal is working on it, but it won't be ready before my starting date).

In a normal situation I'm a stickler for things like that and would just refuse signing. However I'm currently without a job and this is an offer I cannot refuse. What are my options? Can I potentially just write on the contract that I cannot agree with a specific section of it (because of missing information) and sign it like that?

Not sure if relevant, but the company's HQ is in California, I'm however in Switzerland and will be working from there.


texts: The State of Ohio closed the polls last minute. Can I sue my city?

texts:
Due to COVID-19, the Ohio governor's office issued a decision on March 16th that the polls would be closed on March 17th and voting suspended until June 2nd. To my knowledge, this was despite a Franklin County judge's refusal to allow the suspension. The Supreme Court of Ohio then refused to hear a case challenging the governor's decision.

Had I been able to vote today, the ballot would have included local issues. In my opinion, the polls should not have been closed to local-level issues due to a state-level decision. Does this give me any grounds to bring a lawsuit against my city?


texts:
Is there an actual milk crate registration system? What is the law by which use by other than the registered owner is punishable?

Is there an index I can use to see who these milk crates are registered to?

Where can I register my milk crates to reserve my rights?


texts: I was locked out of my company. Should I register a trademark and sue for infringement?

texts: I started a business with someone a few years ago and I came up with the name and logo. I had a dispute with my partner earlier and he locked me out of the domain panel, although I came up with the name. The company is registered but it is registered under his name alone. I read somewhere that I should trademark the name and sue for infringement, but I'm not sure if that would work because he controls the domain and already does business under my name. Is there anything I can do about this? All I have for evidence is chat logs and company registration files.


texts: Claiming self-defense and refusing to self-incriminate at the same time

texts:
Bob shoots Rob dead. Noone saw what actually happened, no video footage, nothing. Bob does not deny shooting Rob but claims it was self-defense. He does not go into details — invoking his right not to witness against himself.

Given that the mere fact of shooting a person dead does not itself prove murder/manslaughter beyond reasonable doubt, can Bob be convicted? Which legal doctrine would presume guilt unless he provides plausible explanation of the necessity of shooting for self-defense?

Jurisdiction — anywhere where Bob would normally be acquitted if he convinces the jury of self-defense.


texts: California requesting extradition of fugitives from a foreign country

texts:
By reading up on the law stackexchange website, I know that for California to seek extradition of any fugitives from a foreign country, it needs to go through the State Department and the Department of Justice.

But what happens if the alleged crime is not a crime under federal law? Would the federal agencies refuse to pass on the extradition request to the intended foreign governments?

In general, what are the laws, regulations, guidelines regarding whether or not to send the extradition request when a fugitive is solely wanted by California?

In this question, California can be any other US state.


texts: Do legal tender laws prevent "no cash" restaurants?

texts:
This story about restaurants that only accept electronic payment set me wondering. I know that under legal tender laws a business can set a policy on what forms of payment it will accept, but that only applies if no debt exists prior to the time of payment.  I think this creates a problem for restaurants trying to impose a "no cash" policy. Normally you only pay for your meal after you have eaten it, so the debt is incurred when you eat the meal, and the payment happens some minutes later.

Am I right in thinking that that legal tender laws would apply in this situation? If you provide payment in cash, the restaurant cannot then claim you haven't paid your debt.

Note: not a duplicate of this question because it did not consider the delay between incurring the debt and paying it.


texts: Am I legally responsible for users misusing my service for cyberbullying?

texts:
Good evening from Germany,

I the CEO of a start-up that offers a social network where people can anonymously upload posts (only texts) that users within five miles can see and up/downvote. It is targeted at college students who use the app, as intended, as an anonymous platform that enables them to express their thoughts freely.

Unfortunately, the app has become popular among some American high schools, and, more or less naturally, is being misused for cyberbullying.
The bullies are mostly boys posting profanity about girls in their courses.

I currently have got these paragraphs in my terms and conditions in place:

§14 - Disclaimers
By using the service you agree to the extent permitted by the law to indemnify, defend and hold me harmless as well as any individual or company related to this app against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’s fees) that relate in any way to your access or use of the services, your content and your breach of these Terms.
[Service] and related services are provided to the extent permitted by law without any kind of warranties. We will attempt to provide a user experience free of annoyances, but we cannot warrant that. Neither do we warrant that the services will be always available, functioning without imperfections or error, has no security problems and any kind of information or content you obtain is correct or will be accessible in the future.
We/I do not take any responsibility or liability for any kind of information or content that are related with the service. You understand that content may be misleading, offensive, inappropriate or illegal and that I am not responsible for it.
I am not liable for anything that happens to you while or because of using the service, this including amongst others loss of money, physical or mental damage, goodwill, loss of data and other losses of any form. Neither am I responsible for what other people may use the service for, even if those are illegal.
The user agrees to take legal possible responsibilities for any actions that he takes that may or may not be related to the service.

Is that enough to protect myself and the company from legal responsibilities because of these bullies? Can I get sued because of these bullies?

The app is mostly used in America and it is incredibly hard to find good legal advice on American law regarding online platforms, so I would be really happy if you could give me some insights... ;)


texts: GDPR and collecting politician's social media posts

texts:
I am interested in collecting tweets and social media posts from politicians in the USA. Specifically from their political social media accounts.

After reading this finextra article, I believe this qualifies as "processing public or professional life" personal data. Since I will be collecting tweets, they have already agreed to have their data stored. I believe I must merely inform them that I am processing their data.

My questions are, do I need to inform or ask for consent from the politicians I am collecting data from? Then again, politicians are public figures and their social media accounts are specifically for public consumption. Would this qualify as data explicitly public sphere and thus require no consent?


texts: Can the owner of a limited liability company be penalized?

texts:
I'm wondering about the legal practice in different countries.

If a person forms a limited liability company (LLC), and then completely abandons it, e.g. doesn't file taxes for the company etc., what will happen? (for example, due to sudden illness)

In my experience, the company would be penalized, then declared bankrupt, and closed. But the owner would not be liable for any penalties, because he is technically considered a shareholder. At the same time though, he is also the director of the company. In some countries, it seems that the director is liable and personally penalizeable for failing to submit documents. And that the owner is automatically declared the director of the company, thus becoming personally liable for what should otherwise be a limited liability.

Is this difference based in the fundamental legal philosophy of a country?

I'm located in Bulgaria, and as is well known, there are many problems, but mainly with enforcement and malpractice. I care about the development of the country, and it seems that pressures from the EU has made it a lot easier to start a limited liability company. The capital requirement has been reduced to 1 euro, and all the official measures have been reduced, e.g. how much time it takes to create a company, online registration, bureaucratic burdens and so on. But what they haven't reduced, is the reporting requirements. The accounting costs are incredibly high. To submit documents, you have to pay stamp taxes and similar 'publication' taxes. In short, I can easily imagine a situation where a low-income individual seeks to start a business of their own, but, as most low-income small-business-owners who have never had a business before, would easily be at risk of failing to keep it operational. But closing a company takes a minimum of 10 months and requires numerous bureaucratic steps.

This leaves me wondering whether there is a fundamental legal-philosophical difference, as opposed to northern-European countries (or USA, Australia, Canada etc.).

And fundamentally whether, as @davidgo points out, that there is a significant risk that a 'limited liability company' can in fact, even without any activity, quickly become an enormous inescapable financial burden. Penalties for failing to comply with reporting requirements (which are very strict and numerous) can equal 2-3 months (~1200 EUR) of an average salary (400 EUR/month), per year.

I'm, quite frankly, outraged, but the locals are saying "well, that's Bulgaria" or "of course", without any hint of critical reflection.


texts: In rental agreements, is there a point to saying "no illegal activity"?

texts: I've seen some leases where it explicitly states that tenants aren't allowed to engage in illegal activity. Is there a point to this or does it go without saying? Here is an example.


texts: Does any amendment in the bill of rights take priority over any other?

texts: As far as I know, unless a contract/compact states otherwise, or a provision was added at a different point of time, every provision in the contract carries the same priority. The bill of rights was added to the constitution all at once and so each amendment carries the same priority and so when there is a conflict least restrictive means has to be applied.


texts: Why don't alcohol laws contradict the constitution?

texts:
Why don't alcohol laws contradict the constitution (or other laws in some cases, like in the example below, because  The Age Discrimination Act  is not part of the constitution)?

I think it is age discrimination. If not, why wouldn't it be?

For example, in Australia, the The Age Discrimination Act (2004) prohibits age discrimination in the following areas (emphasis mine):

  Discrimination in employment, education, access to premises, provision of goods, services and facilities, accommodation, disposal of land, administration of Commonwealth laws and programs, and requests for information.

I checked that it is not one of the exemptions listed below the second bold header.

I wonder about this specific case as well as the general case.


texts: If a software concept is discussed on the job, does the software company own the concept?

texts: A few years ago I worked for a software company and we discussed several hundred different ideas for software, but never did any kind of testing or prototyping, we simply discussed the ideas. In other words, there's no identifiable embodiment of any of the ideas. I left the company years ago and would like to build one of the ideas that we discussed while I worked there. Am I prohibited from building the idea on my own because the idea was conceived while I worked there? I'm sure I signed some kind of NDA when I was hired.


texts: Is a payment contract invalid if one party doesn't attempt to collect payment from other parties?

texts:
I live in a neighborhood with an HOA.  Everyone had to sign a contract with them to buy a house here (the company that built the houses owns the HOA).  I recently found out, that for the past 10 years, about half of the neighborhood hasn't paid any HOA fees at all.  Most of them have never even been contacted by the HOA, and the HOA does literally nothing for our neighborhood.

When questioned they actually told us that the fees we pay them, are to process the checks we give them.

I know very little about Alabama laws, but I thought I had heard something at one point about if an entity doesn't honor their contracts (by collecting payments), then other parties can consider those same contracts invalid.  Is that correct?


texts: Do mask orders in response to Covid-19 violate the First Amendment?

texts:
Not a lawyer, but curious about what lawyers would say.
My understanding is that the legal definition of speech is broader than the conventional definition of the term and I would think the ability to choose what one wears or doesn't wear broadly falls under "free expression."  Here are a few specific examples, including one about clothing:
https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/what-does
The obvious counter is that it's about public safety, however, I'd argue that if the barrier is as low as preventing the spread of disease, then the public safety argument could be used to justify virtually any law.


texts: What statutes constrain an insurance provider's treatment of suicide?

texts:
Many insurance companies have explicit suicide clauses: exclusions that allow the company to deny benefits to the policy holder's estate.  Essentially, suicide voids the benefits policy.

What statutes (if any) govern an insurance company's actions in this arena?  That is, do any statutes prohibit a company from denying benefits?

Note:
If you've been contemplating things, the people at the
National Suicide Prevention Lifeline are great.  They speak Spanish and English, and their number is 1-800-273-8255.


texts: If a good is stolen, does the previous possessor have an indefinite immediate right to possession of that good? (Until it's returned)

texts:
To be more specific, the hypothetical scenario is a little more complex. I am also wondering about the remedies that may be awarded. This refers to tort law.
Say, A bought an unregistered motorbike in 2005 for $3000 and that bike was stolen. In 2015, the same unregistered motorbike was sold to J for $3500 by M. The parties in the 2015 transaction were unaware it was stolen. Eventually, J did up the bike and it had an estimated market value of $7000. J tried to get it registered but was warned by the transport department that it was stolen, and A was contacted. A subsequently requested its return upon receiving information about its location.
So my questions:

For all that time between 2005 and 2015, did A have a superior right to possession over those who seemingly legally bought the motorbike, but only had actual possession?
Is it likely that a mandatory injunction for the return of the bike would be awarded here?
Is it true that there would be no damages awarded given the increase in value of the bike?
Would J be compensated by the court for the money spent on the bike?
Have M and J converted the motorbike (against A) by selling/buying the bike?

Much Appreciated :-)


texts: In a civil infraction case, does the defendant have to turn over evidence to the prosecution beforehand?

texts:
Recently I heard about the proceedings of a parking ticket infraction in the state of Georgia which had me scratching my head. A person I know filed an appeal against a parking ticket because they believed they had decisive evidence to prove the ticket was issued in error.

When they showed up in court as the first step their case was processed at the hands of prosecutors. The prosecution asked them a number of questions related to the case, such as why the defendant would go to all that trouble to appeal. The defendant explained that they believed the ticket was issued in error and they had photo evidence. The prosecution then demanded to see the evidence, claiming the defendant was required to show any evidence to them because "we have to put it on file and compare it with the pictures we have on file." The defendant, though unwilling, complied with their order. After seeing the defendant's evidence one of the prosecutors made a comment suggesting the defendant "would do anything to get out of a ticket." This all took place prior to the trial.

During the trial most of the talking was done by the prosecutors who suggested to the judge that the defendant's evidence was "fake." I heard about the court proceedings and felt the prosecution's actions were unwarranted and maybe even unlawful. So my question is during a civil infraction case, does the prosecution's claim that the defendant is required to turn over evidence hold water? I did some research but it seems most articles (example) talk about criminal cases.

*Also worth noting is that the defendant was a person with limited English proficiency (LEP) and required licensed interpretation. Despite knowing this the prosecutors insisted on speaking to the defendant prior to trial in English without an interpreter. (In fact the court is so ill-prepared for interpretation requests that only after resetting the court date five times they were finally able to get a call-in interpreter for several minutes during the trial.)


texts: Prevent IP from hostile transfer to another company

texts:
Our software company has a kick-ass product, which is the only thing of value to the company. What measures can I take to ensure the IP remains within the company?

I have heard stories that a hostile board take over can transfer the IP ownership to another company. This renders any Golden Parachute, founders shares and etc as useless. The founder can have 30% share, but 30% of a ZERO value company is zero.


texts: Why do some state courts disallow pleading an exact dollar amount for damages in a complaint?

texts: Some states do, some do not, is there a specific policy reason behind this?


texts: What if you made the fine print of a contract too small to read?

texts: I was talking with a friend the other day and they asked me what would happen if you made the fine print of a legally binding contract too small to read? Would the person who signed it be able to sue you? Are there any laws against this?


texts: Is it illegal to download copyright videos for free?

texts: I want to publish fan-made videos on YouTube that contain clips from movies and TV shows. No money will be gained for myself. Is the act of downloading those movies and TV episodes for free, editing them, and publishing them legal in America?


texts: Timing of disclaimers for an inheritance vs. an interest in a trust? (USA)

texts:
Context Update

The context is a trust and beneficiaries who disclaimed earlier did so to help another beneficiary. The ones who want to disclaim now also want to do so to help the same beneficiary.

Original Question

Consider a situation where:

There are many beneficiaries for an inheritance.
Some of the beneficiaries disclaim while the grantor is alive.
A decade passes and the grantor dies.
The beneficiaries who did not disclaim earlier want to disclaim now.

Do all disclaimers have to be "brought up to date," or is it OK that the disclaimers were executed over many years, and some while the grantor was alive and some when the grantor is dead?

If this varies by state, then the state of interest is Utah.

Does everyone need to disclaim within a similar timeframe (such as within 12 months), or can substantial time elapse between disclaimers (such as years or even decades)?


texts:
How can one give advice that he or she thinks is correct without incurring legal liability from possible negative effects of the advice? Is there some phrase that can be used for that? Something like "I don't take responsibility for this advice. I'm just expressing my personal opinion."?

Does this matter if it's done in a blog or personally? If the clause is on a blog's TOS or on every page? If the advisor is an expert in the field he or she is advising about?


texts: Does the fact that you look like a guy who committed a crime constitute grounds for detention?  In other words, can you be pulled over for looking like a suspect who committed some crime and for no other reason?


texts: Is a conditional threat still a true threat?

texts:
In the US, can attaching a condition to a threat have any bearing on whether it's a true threat or not? In other words, is there are difference between the following threats, in terms of criminal law:

I'll hit you! (unconditional)
If you speak to me again, I'll hit you! (conditioned on something that the other person is perfectly entitled to do)
If you try to steal my car, I'll hit you! (conditioned on the other person's criminal behavior)
If you violate the 2nd law of thermodynamics, I'll hit you! (conditioned on something impossible)


texts: Is There Any Alleviating Defence in Intoxication While Driving

texts:
Considering this hypothetical scenario:

A voluntarily intoxicated man (e.g. driving home from a bar) causes an accident which results in the death of the other driver.

Under UK law is there any mitigating circumstances involving impaired judgement resulting in driving under the influence? Considering I'm fairly sure it's an automatic murder charge - are there any considerations made as to the degree/sentence length?

A few sources seem to suggest there aren't any intoxication considerations but I can't find anything concrete that doesn't use jargon I'm unfamiliar with.


texts: What if rules for a public transport are only visible on a website and not in Metro / Bus?

texts:
I live in Barcelona / Spain and recently got fined in a Metro for something I had no idea was illegal.

I entered the Metro zone with my girlefriend and we both used the same card (It's legal with that card - T-10). Therefore I had two timestamps left on the card one after another.

My girlfriend left the metro one station before me, and as she was walking towards the exit she got stopped by the control. She didn't have the ticket as the ticket was with me, and she got fined.

Overall: The rule that you have to exit the area together is nowhere to be found in the Metro area, how ever it can be found on their website.

  On the metro, you should stay together for the whole journey , from
  the entry point station until leaving the metro premises.

I wouldn't mind paying the ticket if the rule was clearly visible either on a ticket, or in a metro area - which is not a case.

I went to their office to complain and when I asked them where is that rule, they replied: "Well... It's logical..."

Are there valid defenses to this rule that could be used?


texts: Is ilegal use the index of a book as a guideline for make a few of youtube videos?

texts:
I want to know if is there any legal consequences if I use the contents of a book in order to make videos for youtube.
For example, I want to make videos about Python Developer Language, and I use the index of a book in order to make a index of my videos.
The book has the following index:
Chapter 1: Introduction
Chapter 2: Installation
Chapter 3: What is python?

And I use that index in order to make 3 videos, with different content of course, and without pick images or code from the book, only the index and the main ideas.
Is this illegal?
Thanks


texts: How do you go about conducting business internationally?

texts:
I have a few questions on this topic. Let's assume the following:

Company A is based in China and Company B is based in Mexico.
Company A has no presence in Mexico. Company B has no presence in China. Company A wants to pay Company B for its service.
Company A and Company B will be signing an agreement to formally
establish their working relationship.
Company A wants legal protection over this deal, i.e. Company A might
sue Company B if necessary.

Given this,

Is Company A required to have an entity in Mexico to enforce its legal rights?
Should the contract signed by both parties be a contract based on the local laws of Mexico?
If your answer to both of the questions above is "Yes", can this process be scaled? (Company A wanting to repeat this process with other companies from different countries)


texts: What's the statute of limitation on fragging?

texts: A U.S. soldier serving in Vietnam in 1970 kills his commanding officer with a fragmentation grenade (a common strategy dubbed "fragging"). Would the soldier be non-liable after a certain period of time, or could he be charged with murder even if he was identified as the killer, say, seventy years later?


texts: Do judges in Massachusetts always have original jurisdiction even in "trials by jury"?

texts:
How exactly does the law work with regards to the powers and privileges of juries. For example, in Massachusetts the law (General Laws Part III Title I Chapter 214) reads:

  The supreme judicial court, upon request of a party to a civil action
  in which equitable relief is sought, may frame issues of fact to be
  tried by a jury and order the same to be tried in that court or in the
  superior court in the county in which such cause is pending, or upon
  the request of all parties in any other county.

Which gives the impression that trial is by jury and the jury has the full power over the trial. However, if we read  General Laws Part III Title I Chapter 218 19B, we find something different, at least for district courts:

  (c) The justice presiding over a jury of 6 session shall have and
  exercise all powers and duties which a justice sitting in the superior
  court department has and may exercise in the trial and disposition of
  civil cases including the power to report questions of law to the
  appeals court. Trials by juries of 6 shall proceed in accordance with
  the law applicable to trials by jury in the superior court;...

So, now all of a sudden, we have a "justice" that has some kind of power, but that power is undefined except that is the "same" as the power of a superior court justice. If we then refer to the conduct of the superior court, it reads ( General Laws Part III Title I Chapter 212 Section 2):

  The court shall be held by one of the justices, and when so held shall
  have and exercise all the power and jurisdiction committed to said
  court. The chief justice shall make such assignments for the
  attendance of a justice at the several times and places appointed for
  holding the court as will be most convenient and as will insure the
  prompt performance of its duties.

So, here it says the court is held by the justice, not by the jury. If we then refer to the "powers" of the Superior Court, it reads in part as follows ( General Laws Part III Title I Chapter 213 Section 3: Rules; power to make and promulgate):

  The courts shall, respectively, make and promulgate uniform codes of
  rules, consistent with law, for ...

  Second, Prescribing the terms upon which amendments will be allowed or
  unnecessary counts and statements stricken from the record;
  discouraging negligence and deceit; preventing delay; securing parties
  from being misled; placing the party not in fault as nearly as
  possible in the condition in which he would have been if no mistake
  had been made; distinguishing between form and substance; and
  substituting fixed and certain requirements for the discretion of the
  court.

  Third, Conducting trials.

  Fourth, Presenting distinctly the questions to be tried by the jury.

  Fifth, Giving a party such notice of the evidence which is intended to
  be offered by the adverse party as will prevent surprise and enable
  him to prepare for trial.

  Sixth, Prescribing such forms of verdicts as will place upon record
  the finding of the jury.

So, by this Superior Court apparently can boss around the jury however it likes, so long as it is according to "rules" (not laws) which it must "promulgate".

So, my question is, if we are not dealing in law anymore but in "rules" concocted by the Superior Court:

(a) where are these "rules"? (at least in the case of Massachusetts)

(b) since the original jurisdiction seems to be vested in a "justice" not a jury, should I consider the statements concerning "trial by jury" to be just mistatements and that the jury does not have original jurisdiction in Massachusetts in any court, but that it is always the judge that has original jurisdiction?


texts:
The rationale for the American rule, as I understand it, is that you should be able to file a lawsuit that you think has merit without having to worry that you might lose and be on the hook for the other side's expensive lawyers.

In loser pays, on the other hand, you could be on the hook if you decide to litigate an issue and lose.  The advantage, it seems, is that you're less likely to litigate issues that you won't win.

If we look at studies investigating the impact of the two rules, quantifying the economic costs and benefits of the lawsuits filed or not based on rule differences, is one of them a clear winner?  Or perhaps, one of them wins in certain types of cases, but not in all types of cases?


texts: Is the Soncino 1961 translation in the public domain?

texts:
Come-and-hear (an anti-Semitic drivel website) has the full text of the 1961 Soncino translation of the Babylonian Talmud. They claim it is in the Public Domain since

  The Babylonian Talmud: When Elizabeth Dilling published her book, The Plot Against Christianity, it contained hundreds of pages copied from the Soncino Talmud. In the 40 years since her book was published, Soncino Press has not ever pursued a copyright claim against her. Doubtlessly, Soncino understood that no serious religion would attempt to suppress discussion of their holy books in such a manner.

  There is a principle in common law that, when private property is permitted for public use over an extended period of time, it cannot be thereafter be denied to the public. This principle is called public easement. In such manner have many trademarks passed into the public domain.

  In our case, however, the situation is even clearer. This Come and Hear™ presentation was created from the 1961 printing of the Soncino Talmud, which was published without copyright reservation.

  Making portions of this work available on the World Wide Web is equivalent to displaying it on the shelves of a library open to the public. Our purpose is educational: we do not seek financial gain from the ingenuity of others. Moreover, our hypertext presentation cannot not be considered a replacement for the printed volumes. We recommend purchasing the original work — in the 1961 edition, if possible.

Can works enter the Public Domain through repeated copyright violations?


texts: What are the actions to take when using software licensed under the Apache, Eclipse, MIT and CDDL licenses?

texts:
We are working on software that we are planning to sell to businesses.

We are looking at using many components from the open source community to speed up development.

The software we are using so far is released under one of the following licenses:

Apache License v2.0
JSON.org license
Eclipse Public License v1.0
MIT License
CDDL License v1.0

We have already included the license information (LICENSE.txt) files from all the open source components in the bundle.

We would like to be 100% compliant with the licenses mentioned above. Is there anything else we have to do to before we start selling the software?


texts: How should a law abiding police officer have handled George Floyd?

texts:
Everywhere I read says Derek Chauvin case was a slam dunk. Now that he is convicted, there is even less room to argue he was following the law when he handled George Floyd. But considering the US police militarization and the way they usually handle civilians, and my lack of knowledge of police protocol, for me it is hard to see how any other police officer, with the same training as Derek Chauvin, would have done much different so it would not have risked killing the detainee.
Thus, my question: how a law abiding police officer should have handled George Floyd differently?


texts: Is an email legally binding for booking an apartment in Germany?

texts:
I am a visiting scientist in Heidelberg, Germany. I was unsuccessful in my search for a private apartment in town so I made a reservation request with the University guest house. They sent me a booking offer by email for a rental starting January 19th, including terms and conditions, and asked me to formally accept it by email last week, which I did.
Now, one week later, I finally found a real apartment much better suited to my needs (e.g., it's available sooner) and asked the guest house to cancel my booking. However, they insist on applying the cancellation penalty, which is 1 month of rent. It supposedly applied to any booking cancelled less than 2 months before the start date, unless they find a new tenant.
I find this quite unfair because I only "locked" their apartment for 7 days. But my question is about the legal aspect: I didn't sign anything, and didn't transfer any money. My understanding is they plan to send me an invoice by mail and sending me to court if I don't pay it.
Hence my question: was my email confirmation legally binding? Would they win if they take me to court?


texts: How do you laws apply through internet regarding the different countries?

texts:
In country A, it's illegal to say something to a person (it's considered a severe insult that is punished with jail)

User 1 is using Twitter in country B, where such law doesnt exist, and he is a citizen of country A, and he says something about another user 2 (in country A) where such thing said it's illegal .

Twitter is hosted in country C.

Is User 1 committing a crime? Or the law from country A doesnt apply to him because he's in another country and the service he is using is in a third country?

BTW, I couldnt come up with a better title. If you can come up with a more descriptive title, please edit it.


texts: Can freelancers publish code in GitHub and claim it to be theirs?

texts:
I am curious to know the legal process of a collaborated effort for a code at a small startup.

Say I am the technical head of a startup, and I have about 90% of the code/commits. The other 10% is by temporary employees, interns, freelancers, etc. For the sake of this story, I will call one freelancer Alan.

For a particular project, Alan was given read access to a private repository, and write access to his branch.

What prevents Alan from copying our private code and pasting it on GitHub as his own 'published work', essentially granting him copyright over our work?

We could show git logs as proof that we had access to the code before he arrived, but git logs are easy to modify, and histories can be rewritten.

On GitHub, say Alan uses his signed keys, removes the entire git history and makes a commit with the final state of our whole codebase as his 'Initial Commit'.

What legal standing do we have (or proof) if we have not made Alan sign any documents specifically saying he is not allowed to publish our code anywhere (but we also haven't signed any document saying he IS allowed to publish our code).

Updates:
There has been some discussion, so I would like to ask a more concrete question. Is it proof enough that Alan posted the code at a given time first(which was verified through something like Github's signature on the commit) that I cannot file for a copyright?(since he has published his code and gotten it verified, but we did not used 3rd party signed commits)


texts:
Imagine a person who suspects a government agency or corporation is lying, embezzling money, etc. Obviously, you would want to find direct evidence linking this individual to the alleged crime.

However, in this case we discover that the entity in question has a history of criminal behavior. It may have been accused or convicted of the same crime previously, or maybe it has other crimes on its record.

Similarly, you may discover that a certain practice spans generations. For example, you might note that governments have lied to citizens in order to provoke wars for centuries.

In summary, I guess you could say we're trying to make the case that the accused 1) has a pattern of criminal behavior or 2) is associated with a type of organization that has a historical record of criminal behavior.

Is there a term for this kind of evidence (or would it simply be called "logic"?), and can it be allowed in either criminal investigations or the courtroom?


texts: What happens when a contract was signed but a party can't fullfill their oblications due to circumstances outside their control

texts:
I know this is a bit of a vague question but I'll give some specific examples. When a contract is signed, and a certain part is not met for extenuating circumstances, when can legal action be taken (and likely won)?

I know of a person who had a contract for a job that started on x start date and y end date and was paid per hour for 38 hour work week. After y end date passed the boss contacted the person saying he hadn't fulfilled his end of the end of deal as he still had 30 minutes of work left to do (presumably this was because he didn't make up for some time he took off when sick and didn't get sick days). Could the boss sue for the remaining 30 minutes?

Also, as in this question, if a formal contract was agreed between a dog owner Bob and a dog walker Alice, that Alice would walk the dog each day for a few weeks for a set amount of pay, what would happen if Alice became sick or the dog wasn't able to go for a walk and nothing regarding these circumstances was written into the contract?

What if someone signed a contract that they would be paid to clean a building but the building burned down before they could do it?


texts: Does dissolving your LLC imply it was a sham company and therefore confer liability to you as the sole member?

texts:
I've done work for a former startup client in another state (AZ) for a few years and that work has come to an end. All that contracting work was done under my LLC (in DE) specifically created for that project, but now that it no longer has any revenue from anyone in that state, its probably time to dissolve it.
The former client wants to prevent me from doing my work in any other state (separate issue), but regarding the matter of dissolving my corp he claims that I am personally still bound by all conditions of the Agreement with his corp and mine and that dissolving my corp now would show it "was a sham corporation from the outset and that you were operating under the false guise of a legitimate [company]".
From having been around construction I noted that some builders have a separate LLC for each house they build, even if its in a larger development project of a community of homes -- and that project itself is a separate parent company. At some point after the house sells and the warranty expires, the builder dissolves the LLC. Are these builders doing something unethical? I thought the whole point of using a project scoped corp was to more easily put the project behind you at some point and move on with other business. Am I missing something?


texts: Is it legal to pose as a competitor's customer?

texts: If company X wants to find out information about company Y's online product, is it illegal for X to hire a contractor to pose as a customer using false details? Assuming no documents are signed, has fraud or any other offense been committed if the contractor gains access to non-public information (or to Y's product itself) if company Y would not have provided that access knowing the contractor was affiliated with company X? If so, who is the guilty party?


texts: Is it legal, to use open-source project names on an ad?

texts:
I have a plan to make a team and develop web sites, servers, games to customers. Of course, there will be ads on local TV, newspapers.

So, my question is: Can I use Open Source project names on my ads?
Like, NodeJS, SparkJava, and etc? Or should I avoid to show concrete names?

Sorry for my english


texts: A Florida defendant forwards an email (not an accident) to a plaintiff that contains discussion between defendant's attorney and said defendant.  Is the forwarded forwarded client-attorney privileged?


texts: Can a White Person sue for Discrimination after being Fired for using the N-Word?

texts:
After the landmark Bostock v. Clayton County ruling, I am asking for a friend if he has an action against an employer who fired him for using the N-word on 3 occasions as well as uttering "my melamine-enhanced homie over here". The employee was visibly white, and neither party disputes that black employees regularly use such language and face no disciplinary action as a result.
From Bostock: “An employer who fires an individual for being homosexual or transgender fires that person for traits or actions it would not have questioned in members of a different sex,” Gorsuch wrote. “Sex plays a necessary and undisguisable role in the decision, exactly what Title VII forbids.”
It is obvious that he was fired for actions it would not have questioned (and has not) in members of a different race. Is this not exactly what Title VII forbids?


texts:
I composed a hiring post and sent it to a group chat. Can group members (NOT the messaging app) forward the post to others who are not in the group, without my permission or re-post it in others places, when such act will bring monetary or non-monetary benefits (like more followers on Facebook page) to them?

Suppose I'm in California, using WhatsApp.


texts: Do Bitcoin nodes need consent to store EU citizen's personal data?

texts:
The Bitcoin blockchain stores data about bitcoin users. This includes:

There bitcoin address, which is linkable to their identity via blockchain analysis
Transactions they have made

This would seem to constitute personal data. Would a bitcoin node need consent from any EU citizen who has data on the blockchain? What if an EU citizen made a GDPR request to have their data removed from the blockchain? What about other cryptocurrencies, like Monero, that store transactions but not monero addresses or amounts?

Note that almost any cryptocurrency blockchain can also store arbitrary data (in case the above would not count), although this would be considered a "misuse" of the blockchain in most cases. (There are some blockchains that are designed for arbitrary data storage, however.)


texts: Ideas discussed are general, do they still fall under a signed NDA/NC?

texts:
A lets B sign a Non-Disclosure Agreement/Non-Compete ("NDA/NC") and then shares its ideas.

How "broad"/"general" can these ideas be to not be considered confidential?
E.g. the idea that A tells B is this: "Making an app similar to x but with a better UX and simpler design." without getting into details, how it can be done more intuitive/simpler.

Can this idea be protected by the NDA/NC without any details about how you could reach this goal?


texts: For non-commercial research purposes is it legal to collect images using Google and Bing?

texts: Would it be legal to collect images from Google and Bing and then use them within non-commercial research. These images would never be redistributed and during the research be converted into data that cannot be reversed engineered into the old image. (or any image of sorts)


texts: Identifying attackers and GDPR. In which cases is it legal?

texts:
Various techniques can be used to identify stalkers, malicious hackers et al. that are either gathering data for their target or use the target's digital items without consent.
Canary files
They are 'normal'  files (e.g. PDF, word) that can be used to identify an attacker without his knowledge or consent. When the attacker copies the canary file (without permission) and opens it in his computer, he could -unknowingly- send his IP address to the victim.
Google Drive
A victim can upload a big file that most people wouldn't bother searching for, let alone download, yet an attacker doing research on the victim probably will.
By doing so (and under certain circumstances) the following become available to the victim:

User action such as View, Rename, Create, Edit, Preview, Print, Update, Delete, Upload, Download, or Share a Drive file.

Google analytics
It can sometimes be used to gather information of would-be stalkers. E.g. if a victim creates a website and enables Google Analytics he could place a 'bait' in his webpage like his real name, assuming it's not too common. Then the attacker by searching "Jake Anderson home address" would leave traces like:

approximate age
approximate location (e.g. city)
search term used to find the site in Google

This of course requires that the attacker is reckless with his privacy settings which is quite common.
What limitations does the GDPR create in the use of such techniques when done with the sole purpose of identifying or getting a hint on the attacker's identity?
Note that in some of the cases above the attacker has given consent to his data being used (e.g. being visible to the google drive account owner).


texts: What is the 'go' point for organ donation from a registered organ donor?

texts: Assuming a patient is a registered organ donor, at what point their organs can be legally transplanted? Brain death? Clinical death?


texts: Does video evidence need to be attested to by a human?

texts: If video filmed by (say) a smartphone is used as evidence, does the person who filmed it have to submit an affidavit saying "I filmed that at location X at time Y"?  Or can the video be used as evidence without that?


texts: An company want me to sign an NDA before I go to a job interview at their facilities

texts:
I have been invited to a face-to-face interview at a company. Before going, I am "obliged" to sign an NDA. This is the private sector and an entertainment company.

Why on Earth would I go into such a legal contract when I have no working relationship with a company?

If they are uncertain about the information they divulge during a job interview, does not that tell unpleasant tales of their organizational and "hush hush" structure?

I have never encountered this before and would like to hear your input.


texts: Is process service on an old address valid?

texts:
Pick your favorite jurisdiction in the U.S.

Hypothetical Facts

A wants to serve B with a complaint and notice to appear in court.
The address on B's ID card is address C.
B does not live at nor have any contact with anyone at C. (And hasn't for several months.)
A serves court papers for B at address C via process server who rings the doorbell and when an adult answers the door, hands the service paperwork to adult D.

Question

Is A's service of B valid?


texts: Consequences of contradicting one's sworn testimony in separate cases?

texts: If a person makes a statement to police and 2 years later in a courtroom, under oath but not the same case, they make a statement that directly contradicts their witness statement does the defense have an obligation to inform the prosecution of that fact or can they use it in court to discredit the witness on the stand? (Assume that the contradiction will greatly benefit the defense and the witness is an important part of the prosecution's case.)


texts: Do family pictures and videos in public places fall under GDPR?

texts:
The Czech Data Protection Authority fined Mr. Rynes for filming
  members of the public without their consent. Mr. Rynes appealed,
  arguing that he was covered by the personal and household activities
  exemption.

  The court decided that although the filming was for private
  purposes, it involved people that were not part of Mr. Rynes' private
  life. Therefore, Mr. Rynes was not covered by the exemption and had to
  comply with the GDPR.

Source: https://www.termsfeed.com/blog/gdpr-exemptions/#If_You_Re_Processing_Personal_Data_For_Domestic_Purposes

So if I take a picture of my family or filming them in a public place and strangers appears in the background, the GDPR applies to this case, therefore, I have to provide privacy policy?


texts: How did Eurovision handle countries without a de jure official language?

texts:
At some stages of its history, the Eurovision Song Contest had restrictions on what languages could be sung by a given country.

However, it seems that countries that lacked a de jure official language, such as the United Kingdom, were still able to compete.

What were the exact restrictions Eurovision had on languages, and how did it handle countries without a de jure official language.


texts: Is it prohibited to mock the LGBT community in France?

texts:
Recent question: Freedom of speech and blasphemy caused me to think about it and ask myself:
is there any limits/prohibits for mocking in France? Is it legal to criticize the LGBT community?
As we see, it is legal to mock religions, but what else?


texts:
In relation to this question - Financial responsibilities for Custodian of (minor) international student, I am in a situation where my wife has a good friend who runs a business. My understanding of the business is that he helps families looking to immigrate to Canada by sending their children to Canada in advance to study. As far as I am aware this business is completely legitimate and lawful.

What is asked: Sign custodianship documentation for an international student, and be "on call" for emergencies or various meetings (such as clinical visits, parent-teacher meetings, etc).

My Question: What am I actually legally responsible for after signing a custodianship document? Will I be required to pay for any trouble the student might get into (crime, healthcare, etc?).

It is also my understanding that the student would not actually be living with me - but would instead be housed somewhere near my home in an apartment/etc owned by the company (or by the parents). I believe I would be more like an emergency contact or sudo-parent.


texts: Are website operators allowed to detect and block website content based on browser add-ons?

texts:
In this case, it's about Ad Blocker. I've noticed more and more websites blocking their content based on whether their visitors are using this add-on or not.

From their point of view, I understand it's their income from these advertisements getting in danger.

From the user's point of view, I understand it's not just some annoying advertisement, but sometimes real danger like Trojans or Viruses.

Whoever is right however, is not the question. The question is more related to the invasion of privacy.

Is a website owner really allowed to know what kind of add-ons or programs I'm using without my permission?

Is such an owner not in fact discriminating based on what a user is using on his/her computer? Even so when the programs or add-ons being used are completely legal?


texts: Are standards and regulations a kind of law?

texts:
Are standards and regulations (often set at international level) a kind of law?

For example aerospace standards: a company could be prosecuted if it did not follow particular standards. But is the standard a law, or is there always a separate national law that says; you must abide by this standard?


texts: Does one have rights to a profit from something that he helped to make but declared abandonment of?

texts:
Suppose that Peter creates a project with James. This project gets off the ground and becomes a reality. But James decides to give up and has no interest in working in it anymore. Later, the project becomes a success and Peter profits with it. James then finds out about this and demands the division of the profits with him, using as argument the co-working he had in the development, but continues uninterested in working in it, and just wants the profits.

In this case, would James be right? Why? And what would cause the loss of this right (if he has)?


texts: Can a landlord demand full rent on the first when a roommate gave 30 day’s notice that they are vacating on the 11th?

texts:
My roommate gave 30 days notice to me and my landlord, the 11th is her last day. My roommate has paid one third of the rent (10 days) and I have paid my half of the rent. Since today is the 3rd, I have prospective roommates waiting to meet with the landlord for approval and then move-in on the 11th.

The landlord is demanding that the whole rent is due on the 1st. Is this legal?

The landlord does not allow subleasing and my roommate and I are on a month-to-month lease together that forbids subleasing.


texts: How does the 5th amendment protect a defendant from disclosing a phone password?

texts:
I read about a case where the authorities were trying to gain access to the defendant's phone to look for evidence (text messages). The authorities were unable to access the phone (I don't know how they were so lame but never mind) and requested the defendant to tell his password. He refused citing the 5th amendment and this caused a legal debate and the answer is not clear whether the defendant should cooperate in unlocking the phone.
Some argue the problem is the method of access only, so uttering a password is testimonial but fingerprint protected phones are okay to unlock (so they could obtain a fingerprint). An attorney said that making someone give you their thoughts was a "completely different story" than providing fingerprints or DNA. But if this thought is merely a key then why?

(Would this analogy hold true for safe box full of personal effects and potentially incriminating letters? If the authorities cannot unlock it they cannot make you give the key to the box because it's just a little too...personal?)


texts: Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

texts:
If a cop is responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so he can arrest the subject, but, instead of making the arrest for attempt to obtain by fraud, directs the pharmacist to fill the known fraudulent prescription in order to arrest the subject for the higher crime of trafficking, is the subject guilty of possession/trafficking?

If the subject is not guilty of possession then the subject can get up to 5 years in prison for an attempt or qualify for drug court:

  Florida Statutes 893.13 (7)(a)9
  Acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.

If the subject is guilty of possession, most hydrocodone prescriptions will consist of an aggregate trafficking amount, then the subject is disqualified for drug court and faces an extremely severe penalty:

  Florida Statutes 893.135 1(c)1c
  Is 28 grams or more, but less than 30 kilograms, such person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall be ordered to pay a fine of $500,000.

It seems the same as a cop planting drugs on someone to convict them of possession or trafficking.


texts: Living in permanently growing debt to your own company

texts:
Some countries entertain corporate income tax rates significantly lower than personal:

Ireland: 12.5% vs 20–52%
Estonia/Latvia: 0% vs 20%
Sweden: 21.4% vs 32–57%
Barbados: 5.5% vs 25–38%

Say Bob lives and operates his business through a company in one of those countries. He receives no (or only some nominal) salary/income, but, being the sole shareholder and director, he lends himself money at 0% interest rate. Although he is formally required to pay that back, the company never pursues the repayments (optionally, the loan agreement sets grace periods lasting for decades, or even explicitly up to Bob's death upon which the company will be the first creditor in line to grab his estate).

So, in essence, Bob receives virtually no income to pay tax on, but enjoys living in permanently growing debt to his own company (which pays its corporate income tax, if any, diligently).

What are the possible legal avenues for tax authorities to stop Bob from doing that? How would they overcome the lawfulness of taking loans on whatever terms the lender and borrower agree?

The question is not necessarily about the jurisdictions listed above. As as variation, let's assume Bob actually lives (and is supposed to pay personal income tax) in the US/UK/AU/NZ but still owns a business in a country above and receives loans from it.


texts: Which law determines paternity (who is the father) in Australia?

texts:
I would like to know which Act defines the rules about the determination of a father in Australia. I can find the rules on different websites, but not the source for which law it is.
https://www.legalaid.vic.gov.au/find-legal-answers/child-support/proving-who-dad-is

Sometimes there is disagreement as to who is the father of the child. The law says that a person is the biological father of the child if:

Which law? Which act?
Same rules here:
https://www.legalaid.qld.gov.au/Find-legal-information/Relationships-and-children/Child-support-and-maintenance/Proof-of-parentage#toc-disagreements-about-who-is-the-child-s-father-2

The law says a person is the child’s biological father if:

Which law?