texts: In the US, who decides whether an offense is criminal or civil?

texts: Evidently protection against sexual harassment dates to Article 7 of the Civil Rights Act, which makes it "unlawful" for employers to discriminate on the basis of sex. Is there something in the language of the act that makes sexual harassment a civil rather than a criminal offense? Was that up to the lawmakers to decide, or is that just something that evolved out of the ways the courts and prosecutors responded to sexual harassment claims? And who decides such things in general?


texts: Are there restrictions on what can and cannot be called "Stainless Steel" for marketing purposes?

texts:
A coworker was recently complaining to me that there are restrictions on types of steel American companies can call "Stainless Steel" when marketing products (for example, outdoor grills) and that Chinese companies are exempt from these restrictions.

Are there any specific regulations regarding stainless steel in product marketing and how might a company be exempt from these restrictions?


texts: Is there something in littigation for when a party isn't honestly trying to resolve the issue

texts:
I had taken my ex-landlord to court and am considering taking him again. He is a very dishonest person. Since court is a formal process, I don't know how to say this.

For example we reached a settlement which he didn't meat the deadline to. He explained he forgot to unblock my email address and is interesting in resolving this. But again he's just ignoring me. Also during a phone hearing the manager got confused and thought I was talking when in fact it was him (of course it's impossible for me to prove he's done this intentionally). When I try talking to him (in and out of court) he deflects questions, for example I asked why I hadn't got my damage deposit back and he responds "when will you be willing to address x, y ,z" where x,y,z are baseless accusations that  don't even have to do with damage deposit.

Can I sue him for "wasting time" like this? Is there some sort of abuse of process? Since he failed to comply with the settlement, can I get something in addition to the settlement being enforced, for example to compensate for the extra time it will take to enforce it? In a hearing he randomly said I stole something of his. Is this slander? (I didn't do it and he has virtually no reason to believe I did)


texts: Is it legal to pretend to be under a certain age to catch pedophiles

texts:
I have been in alot of trouble with police lately doing illegal actions to catch criminals. I was thinking of trying something else but I want to make sure that it is legal to do this stuff and what I need to avoid.

I've been watching alot of YouTube videos of people catching pedophiles in person through online communication. I want to do similar but stay on the right side of the law.

So is it legal to pretend to be an age you are not on websites that require you to be a certain age. Although this may breech their terms and conditions will it be enough to get me in trouble with the police.

Also when looking for pedophiles what do I need to be aware of. When does it go too far and what should I avoid doing to not get myself into trouble but to gather as much evidence against a person

Living in the UK BTW


texts: What are the regulations around autonomous/unmanned boats?

texts:
I'm an engineer working on an autonomous boat project. I want to make sure I'm not breaking any laws, but I've been unable to find any laws specifically regulating drone boats (unmanned/autonomous). Is this simply a relatively unregulated area, or am I missing a bunch of regulations that do exist?

I'm specifically interested in regulations that govern when and where autonomous boats can travel, and any limitations on their use. For example, aerial drones can only be operated within line of sight. It seems like there are no such restrictions on drone boats.

I'm operating out of the US, but I'm interested in any relevant laws in the US or internationally.


texts: Can an employer charge employee/contractor a processing fee for payment?

texts:
I had worked for a company (whether as an employee or contractor is disputed). They would e-transfer me payments and take a small amount off to cover the cost of e-transfer. I told them I never agreed to this. They said it was in my contract and it also said so on the website we did our work from.

Can an employer deduct from a payment, the cost to actually do the payment? Does it matter if it was agreed to or not? Does simply stating something on a website count as an agreement? I actually never signed the contract as it was never really discussed and it just popped up on the website and I closed it. However I've heard cases where a person implicitly agrees to a contract by attending work.

If they aren't allowed to do this, do I have any recourse for such a small amount of money that isn't worth starting a law suit over?


texts: US Permanent Resident : Risking naturalization if international travel is more than six months?

texts:
I am a permanent resident of US having green card for last three years. This year on 25th July, I traveled to my home country and will go back to states on 17 Jan 2020. I would have spend close to six months outside the states. Now two months of reaching states, I again have to leave for another country for some important project.

Now I am worried that would it effect my naturalization/citizenship process when I apply for it after having PR for five years? I have heard that you have to spend at least six months in a year in US to remain eligible for naturalization. Is that really true? I am unable to find such information on their site. It just says that I need to physically spend 30 months out of 5 years in US to remain eligible.

Can anyone please provide some clarification with some official references if possible?


texts: Can one appeal a small claims judgement in California

texts: Under what circumstances can a small claims case be appealed in CA? Is it only for errors of law?


texts:
There is a lot of info on what this is but I am unclear. I am the sole founder who inc. with clerkly and thus have a registered agent in Delaware (Not sure if this is relevant).

So when on a paper it asks: Principals name and title:, what does this mean?


texts:
People are said to own land when they purchase it from the previous owner, but if you follow the chain of ownership back far enough, there must have been a point where there was no previous owner and someone simply claimed that land by force (or threat of force). This means that all subsequent "owners" are "handling stolen goods". How is this situation resolved legally? Is it by use of the "statute of limitations" or was there some government decree saying "never mind previous thefts, all is forgiven" or something else?... or is is just unresolved?

I'm most interested in the case of the UK, but answers for any country would be interesting.


texts: Executive order by Trump on 2020-11-12 barring investment in publicly traded companies that the US says are owned/controlled by the Chinese military

texts:
I read on finance.yahoo.com (mirror):

The move stems from an executive order President Donald Trump issued on Nov. 12 barring investment in publicly traded companies that the U.S. government says are owned or controlled by the Chinese military.

I'm confused by the executive order:

Does this only concern US citizens, or also US legal permanent residents?
I understand that such Chinese companies will be delisted from NYSE. Does it allow such Chinese companies to be still traded via OTC Bulletin Board?
Does it allow US citizens/residence to own shares in such Chinese companies via non-US
brokerage account?


texts: Legality of creating bot accounts in Facebook/Twitter/Instagram

texts:
I am a programmer and have a job offer to create a script that will automate the creation of a Bot Farm. So my boss wants me to develop a program to mass-create Facebook/Twitter/Instagram accounts.

The accounts have to pull the images to use as profiles. I guess those images belong to real people and will be used without their agreement.

I wonder if it is legal to create such bot accounts in Facebook/Twitter/Instagram? Is it possible that I could face legal repercussions as a developer of this program? Or is I merely write the program but don't run it can I be held responsible for its misuse?


texts: Am I liable for 20 year old water bill for a house I bought?

texts: I bought a house in Florida in 2017 and when I went to get the water service turned on they told me there is a water bill from 1998 and I need to pay it. Is it my responsibility even if I didn't own the house and there had been 6 other owners before me?


texts:
I had a client that I worked for a number of years. During that time one of mock-up ads I presented was rejected, and therefore the design was not purchased/paid for. Today, three years after my presentation, I found the ad I designed for this former client printed in an international publication. What is my recourse?

My business is in the US and the publication is printed in the US and distributed in the US and Europe.


texts:
What will happen if a legally dead but actually living person commits a crime after they are declared legally dead?
I wonder whether they will have a normal or posthumous trial. Or will they be tried only after their death status got overturned (which may take between a few months and never). Or they will not be tried at all because it is impossible for them to commit crime after death.


texts:
X and Y are entitled to vote at a UK company's general meeting. Proxies are allowed and instructions are to be notified to the company office in advance of the meeting. Votes at the meeting are to be be counted by poll. The company's articles simply state "polls shall be taken as the chair of the meeting directs". X duly appoints Y to be their proxy.

Who is entitled to know this?
Who is entitled to know how Y votes?

Presumably, at a minimum, whoever tallies the votes must know that Y may have cast multiple votes, and the company will have received notice of the proxy appointment. However, it is not obvious that the membership in general has a right to this information, although I can see how knowing it might help detect/prevent fraud if the scrutineer were not truly independent.

With limitations, anyone may inspect or make copies of the register of members. However, I could imagine that GDPR, etc, might treat how someone has voted on a company resolution as sensitive personal information.


texts: If an american is attacked or discriminated by his status as american, is he protected by anti discrimination laws?

texts:
Recently a person has been jailed for 16 years for burning a flag which represents a group of people meeting certain conditions in United States. This was deemed as discrimination and a hate crime if I understood correctly. But we also see a lot of times people burning american flags and holding foreign countries flags in United States (which supposedly represents americans) and we hear this is protected free speech. So I wondered why one is protected and the othe isnt, and I've heard about protected classes. According to this,

Protected classes under Anti-discrimination laws

  The Civil Rights Act of 1964 is one anti-discrimination law that
  protects certain groups of people. Under this act, and other federal
  anti-discrimination laws (like the Age Discrimination in Employment
  Act and the Americans with Disabilities Act), a person may not be
  discriminated against based on certain characteristics:

  Age;
  Race;
  National Origin;
  Religious Beliefs;
  Gender ;
  Disability;
  Pregnancy;
  Veteran Status

There one of the items says "national origin". If an american is attacked or discriminated by his status as american, is he protected by anti discrimination laws because "national origin" is a protected class? Or if not why not?


texts: Damages for repudiation of contract before the work was commenced

texts:
Bob wants to build a greenhouse and a garage on his land. He contracts Matt to build the greenhouse only as Matt does not specialize in building garages. They agree that Matt starts the job in 3 weeks.

A few days later Bob comes across John who is happy to build both the greenhouse and garage. Bob would prefer that both things are built by the same man, but he is now obliged to honor the contract with Matt, so he cannot give the greenhouse job to John unless Matt is happy to terminate the contract.

What kind of damages would be awarded to Matt by the court if Bob, instead of mutually terminating the contract, simply refuses to honor it and gets John to build the both things? Would that damage be comparable to the amount that Bob would have paid to Matt if the contract was honored, or much less?


texts: Could a third party revive a dead trademark if another company has unlawfully been using it?

texts:
Suppose Company "A" registered the trademark "John Doe" with the EUIPO.

Company "A" has declared bankruptcy and been liquefied, but the trademark was retained by Company "A"'s founder.

During this time, a local company began to illegally use the trademark "John Doe" in a singular jurisdiction, but was not sued by the trademark's owner, due to general indifference.

The trademark "John Doe" has just expired, and its owner has no intent to use it in the future.

Could a third party then come along and re-register the trademark "John Doe" (either in all EUIPO jurisdictions or all EUIPO jurisdictions except where the local company operates)? The question Can I file the same trademark as one that is cancelled? discusses how one cannot register a dead trademark if the owner intends to continue using it, etc. However, can the trademark also not be registered by a third party if another company has begun to unlawfully use it prior to its expiration?


texts: "if the defendant had acted as he ought, the victim would not have suffered" vs. "there's evidence that the victim might not have suffered the harm"

texts:
I don't understand the distinctions between the two clauses. Doesn't 42.2 encompass 42.1? Isn't 42.2 broader? Doesn't 42.1 automatically imply 42.2?
Isn't "the defendant had acted as he ought" "evidence that the victim might not have suffered the harm"?

Herring, Criminal Law: Text, Cases, and Materials (8 edn, 2018). p. 75

  When will the omission cause the result?

  It must be shown that the omission caused the harm. In other words, had the defendant
  acted reasonably in accordance with his or her duty the harm would not have occurred. For
  example, in *Dalloway*41 the defendant was driving a cart without keeping a proper grip on
  the reins. A young child ran out in front of the cart and was killed. It was held that if the
  defendant was to be convicted it had to be shown that had he been driving properly and
  holding onto the reins he would have been able to avoid injuring the child.42 Similarly, if a
  father sees his child drowning in a pond and does nothing to help he is not criminally responsible
  for causing the child’s death if it is shown that even if he had tried to save the child
  it would have been too late to do so.43

  42 There is some debate over [call this 42.1] whether it needs to be shown that if the defendant had acted as he ought the
  victim would not have suffered the harm, or whether [42.2] it is enough that there is evidence that the victim might
  not have suffered the harm. In Marby (1882) 8 QBD 571 the defendant was convicted of manslaughter after
  failing to summon medical help which might have saved the life of the victim.


texts: Destroying a will and ganging up with relatives not included in that will

texts:
I've seen and read about lots of relatives of deceased wealthy individuals disputing the dead person's will and I've always been curious about this:

Suppose I'm a lawyer (who I'm not) and I'm holding the will of a dead multi-billionaire. In his will, the dead guy insists that his wealth must go to many people other than his family.

Now, let's suppose that I also happen to be an unscrupulous lawyer. At this point, I have only two options, the first one being that I can release the will and gain nothing but the fees for my services.

On the other hand, because they are all excluded from the will, the guy's family might be disgusted by his betrayal. My second option will thus entail teaming up with the family to make the will disappear, provided that they can guarantee me a fraction of the fortune. The logic being that when there's no will, property gets divided up among the dead person's immediate relatives.

At this point, I can see only three problems.

The first problem being that his family might actually be in agreement with his will and there's the possibility that they mutually agreed to be excluded from it.

The second problem being that his family are not in agreement with being excluded from his will but the people included in the will are aware of the existence of that will, and are also aware that they are mentioned as beneficiaries of the estate.

The third problem being the matter of witnesses.

Solving the first problem will be dead simple. I'll simply drop by their house, show them the will, and observe their reaction. If his family is shocked that their names are nowhere in or near the document, I'm in luck.

Admittedly, the second problem will require much more work. All I'll have to do is find a way to completely ascertain that there is no copy of the will that I'm holding.

Last, the witnesses. If the dead guy was a shrewd man, he'd have brought along people wealthier than him to witness his signing of his will, as they won't need any of his money. But let's just assume that all the witnesses are the kind of people who can be bought for a few million dollars.

The way forward then becomes clear -- gang up with the family and make a lot more money than I'd otherwise make if I just handed over the will to the courts.

Okay, since I don't know anything about law, I realize I might have made lots of naive assumptions but you get the whole drift.

So what's to stop a rogue lawyer from pulling off something like this?

EDIT:
In retrospect, my question sounds highly unethical. But its purely an intellectual itch that keeps coming back to taunt me every time I come across property disputes. For my age, I can be considered a fairly wealthy guy whose wealth will only increase with time. While I don't have a wife and kids yet, I can't help wondering if scenarios like those actually happen in real life.


texts: Are security pentesting services and software legal in Hong Kong?

texts:
I am planning to open a HK company that will specialize in selling software that is meant to test one's IT defense as well as tools for penetration testers/red teams and similar.

I've heard that some countries consider such software as IT weaponry (which I think is silly). Anyone is familiar with HK laws that define such software? Maybe there are none and it is treated as regular software.


texts: Springsteen was charged with "consuming alcohol in an enclosed area"

texts:
Bruce Springsteen received  including DWI and "consuming alcohol in an enclosed area" (the word "closed" is also used) in November 2020 in Gateway National Recreation Area in New Jersey. I searched for those phrases and for National Park Service regulations related to alcohol and was unable to find an explanation.
I'd like to see a link to the relevant law and have an explanation of what constitutes a closed or enclosed area in this context and the motivation for this restriction. This seems odd to me because, in my opinion, restricting the consumption of alcohol in public, outside of enclosed places, is the familiar case.


texts: Are there exceptions to the "reasonable person" standard?

texts:
In Dominion v. Sidney Powell, the defense has invoked the reasonable person standard.  It is my understanding that Powell's First Amendment right is not tested as the plaintiff is Dominion Voting Systems and not the government.  Assume Dominion has actually suffered quantifiable damages (loss of business), caused by the Powell assertions.
If plaintiff were to assert that Powell's statements were the extremist "dog whistle" that summoned unreasonable persons to cause said damages: How, if in any way, does the defense's reasonable person standard shield Powell?  IANAL


texts: Reporting poor privacy practices in a mobile app

texts:
I found a vulnerability in a paid Smartphone app. It is supposed to contain a lot of private details.

There is a logging option for support that you can switch off and on, to extract the part that causes you problems. The app's support can ask you to send them the log for review.

The problem is:

The app creates an email with a zip file and claims that it only contains logging information.

What it really does contain is the whole database, all private details you have ever entered. Neither the database, nor the zip file is encrypted. Plus the logging information.

A trusting customer would send the email, whose recipient is auto-added, and send his data unencrypted throughout the internet to the us-based company.

As the company implemented it that way, it is a bad idea to notify them.

Who should I notify for the company to not be alarmed and for the government to take appropriate action?

I am not US-based.


texts: Is there any law or by-law stopping me from planting my own trees?

texts: Recently on my road, two trees have been removed by local government that were on a small strip of public land in front of houses on the street, and when asked it seems that I can request to have a new tree planted where the old ones were (which sounds like a lot of bureaucracy.) I am hence asking, is there anything stopping me from planting a tree that I buy and planting it where the old ones were?


texts: Will Littering in Private Property be covered under Tort Laws?

texts:
Say a person A litters at Private property of person B (maybe his Home) with things that B may find distressful (maybe Cigarette covers or anything similar).

So will person A be legally accountable/liable under "Tort Laws". If not tort law then what else? Does this vary from Country to Country (Assuming all the countries we are talking about have Tort Law)

[I'm new here, anyone reading this, please do edit the tags if necessary]

Thank you.

Findings/Efforts so far: It looks like Littering in public place is covered with a weak penalty.


texts: Why the same-sex marriage Supreme Court decision applies also to Puerto Rico when the Fourteen Amendment does not apply to territories?

texts:
This is in relation to a comment on this question that I also made.

In one of the comments, one of the users made this statement:

  The Fourteenth Amendment talks about states (and Puerto Rico is not one), not about the federal government. "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States

While I agreed with him, this brought me to another question: if the Fourteen Amendment only applies to states, why the same-sex marriage decision from Supreme Court applies also to Puerto Rico, when this decision was based on the Fourteen Amendment?

Please note: I am not trying to argue about the decision of same-sex marriage, what I am trying to figure it out is why a decision made based on the unconstitutionality of an amendment that does not cover Puerto Rico still applies to Puerto Rico.


texts: What is the difference between civil fraud and criminal fraud?

texts:
Is it due to the severity of the fraud.that is to say the amount of money lost? Is it measured by the depth of the deception? Is it defined by the frequency of fraudulent actions?

Or is the test, the burden of proof, that a situation is tried as civil fraud (preponderance of evidence) because it is too hard to prove criminally ("guilty beyond a reasonable doubt")? Is there an analogy between this and OJ Simpon's acquittal for criminal murder and a conviction on a civil charge?


texts: Filling out an affidavit of personal service

texts:
I am filling out an affidavit of personal service, "Form D," found at http://www.sro.nysed.gov/forms/default.html

For the most part, the fill-in-the-blanks parts look pretty straightforward.  The top part of the page is where I'm unsure.  Where it says "County of" -- I can do that.  Is there anything else to be filled out in that top area?  For example, "ss.:"?

Question also about the part that says, "by delivering to and leaving with said __________________________ (receiver of papers)": Do I write in the name of the employee (person) served?


texts: Additional question regarding state authority and masks

texts:
This is a followup to this question

  It shall be unlawful for any person over 16 years of age to, with the
  intent to conceal his identity, wear any mask, hood or other device
  whereby a substantial portion of the face is hidden or covered so as
  to conceal the identity of the wearer, to be or appear in any public
  place, or upon any private property in this Commonwealth without first
  having obtained from the owner or tenant thereof consent to do so in
  writing.

Where is authority given to the state that I must give up my right to privacy in public places? I bring this up given that there is much advances in automated facial recognition scanning. In addition to the history of abuse by FBI, NYC Police, and government officials targeting protestors and activists.

e.g. An NYC correction officer wants to protest conditions at a particular jail. He does not want retaliation from supervisors. How can he exercise his right to petition the government for redress? These are known documented abuses.


texts: Could a personal jetpack flight legally occur over Australian cities?

texts:
Have just been reading about the remarkable jetpack flight over Dubai, in the article Flying over Dubai — and other places — with jetpacks (a YouTube of the incredible flight is available on YouTube).

My question is, what is the law regarding a similar flight over an Australian city?  (for example, flying over the Sydney Harbour Bridge and around the Centrepoint Tower)


texts: Do speed-limit signs on portable speed displays have legal force?

texts:
As a traffic-calming measure, the local police department will place portable "your speed is" radar units in various places.  These have a display showing your current speed and, below it, an adjustable sign showing the speed limit.  These signs do not always match the nearby fixed speed-limit signs: for example, a radar unit last used near a school (speed limit: 20 MPH) might be set up on an arterial (speed limit: 30 MPH) without adjusting the sign.

Are you legally required to obey the sign on one of these things?  And if so, how should you handle encountering one where the sign displays "Speed limit: 0 MPH"?


texts: Can a UK employer legally require someone to stay home if they pose a significant risk of harm to others?

texts:
I'm thinking of this in the context of the current debate about coronavirus vaccine certificates, but I think the question is wider and I don't want to limit it to just that.
Suppose an existing long term employee develops some trait or condition, that means they now pose a risk to others.
It could be a neurological injury issue - they uncontrollably say offensive things (racist comments, threats, obscenities), they become unable to reasonably assess dangerous or risky conduct as they do their daily work (risk of injury through carelessness/impulsivity/damage to perceptual senses).  It could be a mental health issue that lacks control or where they refuse meds due to religious beliefs or clinical vulnerability (real or self imagined). It could be that they present a medical risk via contagion, that in the circumstances no tests available to the employer can adequately mitigate.
Perhaps it can be mitigated by some action of the employee, but such action would be of a kind an employer can't reasonably demand, such as relevant medical intervention, therapy, or some kind of change to lifestyle/domestic circumstances (therapeutic exercise, physical aids). Or perhaps it can't be greatly mitigated at all.
Assuming one could not reach a finding that either employer or employee were acting blatantly unreasonably.....

What is the position in UK employment law, of an employer who finds that despite best efforts they can neither mitigate the risk to a comfortable/safe level, nor find an alternative role or accommodation that is workable for the employee? (Note that I'm not assuming a big employer, the question would be as pertinent for a 10 person business as a 10,000 employee one)

Can they be removed from work on safety grounds, if no prior contractual condition covers the situation?

Is the situation any different if there are mitigations available (say medications to take an extreme!), but the employee for personal reasons states they simply don't want to do them and the employer can't force them to do so?


texts: On what basis do patented lock manufacturers claim that it is illegal to clone their keys without authorization?

texts:
Locks are often sold with the claimed advantage of their keys being impossible to legally copy without manufacturer authorization:

The key is two-sided, with US patent no. 8,336,350. Benefits of the LOCXIS cylinder, by RB-LOCKS: Patented until 2030

And another example of such advertising:

Patent-protected key systems ensure that no one other than the provider – or a third party appointed by the provider – can produce keys or key blanks.
Attempting to copy patent-protected keys have consequences not unlike violating copyright laws. Duplicating a patent-protected key without expressed permission of the owner or organization can face severe financial penalties

But is there actual case law that supports the manufacturers legal theory? To me it seems odd that a patent on a lock system would be sufficient to forbid making copies of the keys, rather than of the lock itself.


texts: Do I have recourse against my employer for broadcasting my suspension to coworkers?

texts: I was suspended for a day and the manager sent out an email to at least 13 other people with suspension written on the schedule. What recourse do I have? This is very humiliating to me.


texts:
Isn't all fraud technically criminal, and whatever you can sue for civil fraud could also be sued by the government as criminal fraud? Is it just a matter of whatever the government decides to prosecute?

What I am asking is, isn't all fraud illegal? Regardless of whether it is prosecuted or who.

Just answering the definition of civil vs criminal fraud doesn't answer the question.


texts:
I was wondering what case law is out there on the subject, or, if there is not much, what real repercussions can website owners who defy the Cookie Law expect?
Say Bob is not only pissed off by the ostensible (as he thinks) necessity to implement the cookie accept buttons, but, instead of doing that, he is ballsy enough to write this sort of fine print on his website:

We will set whatever cookies we want and we won't ever ask your
permission. We don't care what you think the law about it is. Take it or leave it (or sue us).

How soon would events occur which will make Bob change his mind and give in? What sort of events?
I would expect that the likely repercussions would pretty much depend on two factors:

Jurisdiction (perhaps the most severe ones would occur in the EU)
Popularity of the website (perhaps blog / small forum owners don't need to worry as much as big social network owners)

As I think case law on the subject would still be rather scarce, I leave this question jurisdiction-open (please tag your answer accordingly).


texts: What is the advantage of having a legal domicile in the Caymans?

texts: I was researching corporate structures and stumbled upon a large Chinese company called SMIC. They are legally domiciled in the Caymans. I was wondering what the advantage for them to have a legal domicile there is. Is it just a Chinese thing to do?


texts: Can the federal US government use any other powers to ban FGM?

texts:
A federal law against FGM was ruled unconstitutional today on the grounds that the powers under which the law was written were not applicable to the activity being criminalized.

Are there any other powers the US federal government has to criminalize FGM?


texts: Is there a time limit on manslaughter charges?

texts:
Summary:

Is there any automatic liability for death by health complications caused by someone already charged for causing the complication?

I'm aware charges can be revisited but does it have to be brought up again? What is the time limit on that?

Case that made me think:

A few years ago a little girl died after ten years struggling with health problems caused when her parent's car was hit by a speeding car the other driver was, at the time, charged with dangerous driving. After his daughter's death the father then wanted to press charges for death by dangerous driving.

This made me wonder where the law stood on this, a verdict of dangerous driving was given - does that mean the case is considered closed the minute that verdict is passed and if the victim were to die the day after it would need to be reopened? Or would it be automatically reopened with a charge of manslaughter?


texts: How to reconcile opposing legal answers?

texts:
A fraud in the terms of use has two opposing answers: one said it was a fraud, while some said it was not.

How do I reconcile those answers?


texts: Is it illegal for a parent to watch porn in front of a minor?

texts: We have two computers in my family’s office and let’s say I’m working on homework on one of them, my dad is almost always on the other computer. My dad always watches gay porn or shirtless male models or things of that sort right in front of me, even though I’m technically facing the other way. Whenever I turn around to see he shifts over to try and tries to cover the screen, but it doesn’t work and I can see all of it. He does this pretty much everyday. Is this legal? I’m not even old enough to drive


texts: Given Shapiro v. Thompson, why are US states allowed to charge higher tuition fees to new residents?

texts: If I'm reading Shapiro v. Thompson correctly, US states are not allowed to require a period of residence before providing welfare benefits to US citizens. But doesn't this mean that charging different tuition rates to out-of-state students is unconstitutional as well? Has anyone attempted to challenge the discrimination of non-resident students under that precedent?


texts: Is it legal to preferentially hire men instead of women because women can get pregnant?

texts:
Let's say Alice & Bob apply for a job, and both of them are equally good. The company they're applying to decides they'll hire Bob because Alice can potentially get pregnant, which means they'll have to pay for maternity leave (or if maternity leave is unpaid, have to cover for the downtime). Is this legal?

The laws on gender discrimination I've seen generally say that it's not discrimination if there are physical reasons to prefer one sex to the other - for example if the job involves lifting heavy loads, it's not discrimination to preferentially hire men instead of women. But if we accept that, then pregnancy becomes a physical reason to prefer men to women regardless of the job ... which sounds drastic (if it's legal).

If the country matters, assume the EU. We can also assume that Alice is relatively young: if she's post menopause and therefore can no longer get pregnant, the company doesn't discriminate.


texts: What does "Resident of any country excluding" mean?

texts:
You need to be a resident of any country excluding: a, b, c.

Does that mean you need to be a resident of any country not listed or do you need to be a resident of any country that IS listed?

This is for a company that is based in a country that is listed as being excluded. So i find it weird that they would exclude their own country.


texts: If your pet dog were to attack an intruder during a violent home invasion and seriously injured him, does the dog need to be put down?


texts: Can a court be a party in a civil lawsuit?

texts:
Can a State or Federal court in the U.S. be a party in a civil lawsuit? I mean lawsuits completely unrelated to cases heard or adjudicated by the court, such as:

A suit filed by a fired employee (e.g. a court stenographer),
A suit filed by a utility company for late payments for electricity,
A suit against a postal service that failed to deliver and lost court documents, etc.

Is yes, then what courts have jurisdiction over such cases? Are there any special rules for such cases?


texts: Is the government of China immune from lawsuits by states and individuals in the US?

texts:
Some US states and individuals are suing China over the coronavirus.

Is China immune from such lawsuits due to sovereign immunity, or does such immunity only apply to the US government?

edit: NYT is now saying that the purpose of the lawsuits is to prod Congress to make it easier to sue China.


texts: Isn't it illegal to block wheelchair access to sidewalks with your vehicle?

texts:
I live in Federal Way, Washington State. Many of my neighbors continually park their vehicles, blocking wheelchair access to our sidewalks. I can't find the RCW for it, but I am positive that it is illegal. The only alternatives, for those in wheelchairs, is to either use the grass (dangerous), or use the street (very dangerous). I am trying to build a case against these neighbors, for the sole purpose of making them cease this dangerous activity, and actually use common courtesy with regard to others. Previously, I've spoken with a few other neighbors, who have agreed with me that, regardless of the fact that the owner of the vehicle may not be at fault for a parking spot possibly being too short, it is definitely not at all the handicapped person's fault that the vehicle owner purchased such a large vehicle, and failed to find adequate parking. I have attached a photo of just one example of the many inconsiderate vehicle owners who I have as neighbors.
Ford Pickup blocking sidewalk access.


texts: Legal issues in hiring an artist the create artwork for commercial use

texts:
I am thinking of hiring an overseas artist from Upwork to do the drawings for me.

Just wondering if there any legal issues in me doing this and using the artwork in YouTube videos that may generate some money for me. The artwork could be cartoons characters, drawings of animals or logos that maybe hand-drawn or made by computer software (Photoshop). I am based in Australia and the artists will most likely be from Asia.

I will be obviously paying for the work they complete but do I need to get written permission from the artist before he/she has created the artwork and inform them that I am using this for commercial purposes and that I will/may make money from the drawings they create for me?

In short, what I don't want to happen is later down the track if I start making money from the videos that include these drawing, that I will get sued from the artist!!

What do I need to do to ensure this doesn't happen?

Any advice will be greatly appreciated. Thanks.

V


texts: Can a significant change in incentives void an employment contract?

texts:
Recently over at The Workplace there was a question regarding an employee withholding valuable information that they developed in their spare time. According to their employment contract all intellectual property they develop, regardless of work hours, belongs to the company.

The company also recently slashed the incentive program that the employee has been generating a significant amount of their income from. (A quick estimate provided a $60k/year difference in income for said employee.)

Since the employee only spent their off hours developing this intellectual property for the obviously significant incentive money, is the employee entitled to any compensation or the right to retain the property?

Since I don't have the actual contract I will simply assert for the purpose of this question that the contract has no stipulations regarding this.

As I am in the United States myself, I am mostly concerned with answers from the US. However, I would be interested to hear how this would be handled elsewhere as well.


texts: Verifying the law around hosting an online crypto casino in the US

texts:
Can a site operator, resident in the USA in a state that doesn't allow online gambling, legally run an online casino site, provided that the site  Terms And Services document states:

  it is prohibited to use the site/service in any state, province, or country that does not allow online gambling.

What legal problems would there be if such a site was hosted in the US?
Would the legal position be different if the site was hosted in EU, where it is legal to gamble online?
Does the residence of the site operator or owner matter?


texts: Will the supreme court ruling in favour of LGBTQIA+ protection from discrimination have effect on the 2018 ruling in favour of the bakery in Colorado?

texts:
There have been numerous debates about whether religion justifies a reason for refusing to provide service to a group of individuals, but last week, the Supreme Court of the United States upheld in a 6-3 decision that LGBTQIA+ discrimination was the same as discrimination on the basis of sex. Here is a link to an article that explains more about the 2018 ruling.
Wouldn't these two cases sort of contradict themselves, or would this one override the other?


texts: Are juries able to ask questions during a trial?

texts:
One thing I keep seeing on TV crime dramas like Law and Order is that the defense and prosecution ask questions of those at the bench for the sake of the jury, at times trying to trigger emotional responses to sway a jury's opinion (i.e. trying to get an accused to lose their temper). However, I have never really seen a juror ask someone at the bench a question.

In a recent Australian case in which the convicted murder's appeal was granted for a lighter sentence the judge commented that

  the jury could not properly have been satisfied beyond reasonable doubt that the element of intent to kill or do grievous bodily harm had been proved.

Given this case was about a man who killed his wife (and I have also forgotten some of the facts about the case), when I heard about this I thought "did the jury not think that when you pick up any weapon you have to be fully aware you can take a person's life or do grievous bodily harm with it?"

But then I remembered that in the crime dramas I have seen (probably not a good idea to assume this is how trials work in the real world), the defense and prosecution may not have revealed to the jury when the murder weapon was picked up and the state of mind of the accused moments before said weapon was picked up, tiny facts which on the surface may not mean a lot.

So I am wondering: are juries able to ask questions of those on the bench during a trial? If not, why aren't they, considering that it's the jury who ends up deciding if the accused is innocent or guilty?


texts: Is this considered a tax scam in New Zealand?

texts: Someone I know has led a business in New Zealand for a few years without paying any taxes whatsoever. He sold the business a few months ago and I'd love to know whether he is obliged to pay the debts he made while not paying the taxes and if it is considered a tax scam.


texts: trademark with digit - likelihood of confusion

texts:
The fictional example below replicates my situation:

A company already creates websites and owns a trademark with a pattern like XXX4  (e.g. "WEB4").
My company builds websites for children and I want to give it a name like xxxForyyy (e.g. "WebForKids")

Cann I use "webforkids" for my company?
What do I risk if I do so?


texts: What happens if I alter the text on a web page before clicking "agree"?

texts:
Modern browsers offer the ability to edit the HTML source of a page while viewing it; for instance, on Firefox, with right click - inspect element - right click on the line highlighted in blue - edit as HTML, I can modify any text appearing in any web page.

What happens if I alter the text of a click-through license in this way before clicking "OK"? One could argue that this is equivalent to striking out a clause from a contract before signing it; however, the other party typically has no way to figure out that it has happened, because it is a modification that I make only on my web browser, and the text of the page is usually not sent back to the server together with the button click.

What would be the legal validity of this behaviour? Suppose, for instance, that I get a witness to confirm that I clicked "I agree" on a modified page and not on the original one. You may assume that all parties are in the US, for simplicity.


texts: What happens if a piece of Literature falls within the Public Domain in one Territory but is Copyrighted within another Territory?

texts:
I am considering the use of some literature, for use on products on an e-commerce site.  For the most part, the literature is classified as being in the public domain.  Thus, free of copyright.

For a minority of these pieces of literature, they are in the public domain for some territories whilst they are protected by copyright within other territories.

From an e-commerce perspective, what does this mean?  Is it simply a case that products with said literature can only be sold within the territories where they are in the public domain whilst being unavailable where copyright is active?

Follow on Question:

If this is the case, how could an e-commerce site 'do their bit' to respect the copyright?  Sure, a site could limit access based on geo-IP, etc., but this could be circumvented by the potential customer using a VPN or masking their IP to an IP of the location where the product is in the public domain.

I am also finding it time consuming to check every territory.  As such, is there some kind of central database which could be checked to see if there are any active global copyrights?


texts: When does customary international law become 'jus cogens'?

texts:
The Statute of the International Criminal Court acknowledges the existence of international criminal law. Customary International Law "...... consists of rules of law derived from the consistent conduct of States acting out of the belief that the law required them to act that way."

So, customary international law is something:

That is repeatedly resorted to by a large number of Nation-States as a method of widespread conduct.
On which there is consensus, exhibited by the above and some discernable sense of obligation (whether moral/ethical, or legal).

Customary International Law is binding on all States unless a State specifically objects to it (silence is treated as consent).

However, jus cogens law (a subset of customary international law) is binding on all countries, regardless of consent. It is a fundamental principle of law accepted by the international community as a norm to which no derogation is ever permitted.

So, what makes a non-binding customary international law attain the status of a binding jus cogens customary international law?


texts: Right of way: U-turn vs right turn (Illinois)

texts:
This is basically the exact same question as this question, but for Illinois, USA.

I witnessed a car waiting to turn right at a red light and then began to turn during a break in traffic and was almost struck by someone making a u-turn. The u-turner hit the brakes, honked, and gestured as if he had the right of way. The right-turner looked shocked as if he had the right of way.

I'm not sure if these facts are relevant, but I'll include them just in case:

If there had been an accident, the u-turner would have struck the left side near the back end of the right-turner's vehicle, but fortunately stopped in time. (The right-turner got there first.)
The u-turner was on a 4 lane road (2 lanes per direction) and turned into the right lane which was the same lane the right-turner turned into. However, I doubt the u-turner's vehicle could have turned tight enough to end up in the left lane, even if it was attempted.

Is the right of way defined for this scenario in Illinois?

Edit: after a little digging, this is the closest rule I can find:

  (625 ILCS 5/11-802) (from Ch. 95 1/2, par. 11-802)

  Sec. 11-802. Limitations on U turns. (a) The driver of any vehicle shall not turn such vehicle so as to proceed in the opposite direction
  unless such movement can be made in safety and without interfering
  with other traffic.

If "other traffic" includes cars turning right, then I would interpret that as the right-turner having the right of way.

But that may conflict with this rule:

  (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)

  ... vehicular traffic facing any
  steady red signal may cautiously enter the intersection to turn right...

  ...After stopping, the driver shall yield the right of way to any vehicle
  in the intersection or approaching on another roadway so closely as to
  constitute an immediate hazard during the time such driver is moving
  across or within the intersection or junction or roadways. Such driver
  shall yield the right of way to pedestrians within the intersection or
  an adjacent crosswalk.

This rule seems to suggest the u-turner would have the right of way. I think the problem is that the right-turner would expect the u-turner to be turning left instead of making a u-turn and therefore would not realize there is an "immediate hazard".


texts: What does "Prima facie case is not to be confused with prima facie title" mean?

texts:
I do not know much about the law. I know prima facie means, but do not understand what it means in this sentence, which comes from an Indian court case:

"Prima facie case is not to be confused with prima facie title".

What is a prima facie title? I have googled it but have not found a relevant answer.


texts: Is it illegal to refuse to provide proof of income after receiving a loan/credit?

texts:
Say someone applies for a loan and they get the loan. Afterwards the lender wants to see proof of income, but the lendee denies and refuses to provide any proof after the fact. Given that it's after and not before, is there any difference in legal routes? If one refuses to provide proof of income before receiving any money, it's obvious that the lender can just not give it and not care -- but what about after the loan was given? Can they legally demand you provide proof after they give money?

Are you required by law to do so then? If you refuse, would they cancel your account and make this a civil/term based account termination -- or is this actually an entire criminal suit to unfold?

Because it's very easy to say no and avoid giving proof, but saying no isn't proof of being guilty yet.

Realistically, how far could this turn serious if the lender demanded and the lendee refused?


texts:
Los Angeles, August 1994.
Kyle Rayner returns home to his flat to find a note about a surprise in the fridge, signed A. The door to the same is left ajar. Inside he discovers the remains of his girlfriend, the photographer Alexandra DeWitt.

Autopsy shows that she was strangled to death and the body was forcefully made fit into the fridge post mortem. Other evidence points to a fight that had happened between the woman and her murderer, and Clifford Zmeck was encountered by Mr. Rayner at the scene. Mr. Zmek claims to be the perpetrator and threatens Mr. Rayner to "kill you nice and quick" for cooperating, implicating that he'd kill him anyway.
Mrs. Rayner and Zmek get into a fight, which destroys, among other things, a sizeable portion of Mr. Rayner's house.
Mr. Zmek is a US national and member of the airforce, convicted of murder and rape and sentenced to life in prison. In exchange for a pardon, he underwent experimental surgery in a federal experimental weapons program for the Vietnam War. During the experiment, he was outfitted with bombs under the skin. One such charge has led to the amputation of his left hand. After the lockdown of the program, Mr. Zmek became a mercenary. He was paid to extract an item from Mr. Rayner and information from Ms. DeWitt. We assume that this was not a governmental organization that paid him.
Which variant of murder and what other charges can be brought against Mr. Zmek, assuming Mr. Rayner manages to detain him in a citizen's arrest?


texts: Are there any laws in the US against pedophilia stories hosted on a website?

texts:
I run a publicly editable website where users can post up stories a various sort. Some are pretty normal, some are sexual, some are a bit perverted, and recently some have drifted into the pedophilia realm.

No images or videos can be uploaded to this site.

Are there any laws that I might be breaking by hosting this content?


texts: Are there legal labelling requirements regarding the “moisture-wicking” property claimed for certain fabrics?

texts:
Or can I just claim that any fabric is moisture-wicking? Could I sell a garment advertising that it wicks moisture into outer-space, using technology developed by astronauts? While protecting the wearer from plagues and earthquakes? And neutralizing armpit odor using anti-rot nano-particles?

In the US? Worldwide?

I was going to ask this on Skeptics and I'm still not sure where it belongs.

I'm wondering why sports and outdoor equipment stores sell garments that advertise themselves as "moisture-wicking" when clearly they are made of wool or some synthetic material which, as far as I understand it, is less absorbent and therefore less liable to act like a "wick" via capillary action, than cotton, which is often a cheaper low-tech alternative. Seemingly this advertising myth has become quite entrenched in popular culture, I hear it cited by people all the time.

On the face of it these claims are literally true, in that all fabrics absorb moisture to some extent. However, there seems to be an implication that a fabric advertised as "moisture-wicking" will have a superior "wicking" ability to a cheaper and older "standard" fabric technology like cotton, and sometimes this superiority is an explicit part of the advertising on the label. Also, many such garments additionally claim to "wick moisture away from the skin" which would seem to imply some kind of violation of the second law of thermodynamics or conservation of energy, or at least to contradict the plain observation that the fabric is the same on the inside and outside and contains no directional asymmetry.

Are these claims governed by law? Do manufacturers only refrain from making more outlandish claims, like the examples I gave above, because then people would stop being so gullible? When does the FDA step in, for example if the purpose of having a "moisture-wicking" garment is to protect the wearer from catching a cold after exercise, could this claim be part of the labeling?


texts: Would Blizzard releasing intellectual property under a free to use license reduce their claim to the IP?

texts:
Private WoW servers use a novel core, but need to be populated with maps, DBC files, and other content in order to actually have anything aside from an empty "world." Blizzard so far has refused to offer legacy servers themselves, but has gone after private servers.

One of the arguments that people use in support of Activision/Blizzard, in regard to them refusing to releasing IP for use in constructing legacy servers, under a free to use license, is that doing so would reduce their claim on the IP. Is this true, and if so, why?


texts: Can I build something for personal use if it is patented?

texts: Say I like building things and I see an interesting product on the internet. Having seen this, and having the means to build something similar, the interest in the product, and the ability to understand how it works, is there anything wrong with borrowing public information about an object to use in building it myself? I would not attempt to share this object I built, for monetary purposes or otherwise. I would not claim ownership of the object. I would not assist others in building one themselves, aside from maybe showing them the publicly available information I started from as well. Is it legal to create this product and use it personally?


texts: How does someone file an order with the Provincial Court to have it enforced?

texts:
Once  a person has won a case in the Civil Resolution Tribunal, how is the judgement filed for enforcement?. Assume that the person has  a validated copy of the order. I know one needs to go to the Provincial Court to have this enforced but the process isn't clear to me. What is the first step? Can the winner at the CRT stage just email the Court a copy of the order and pay the processing fee? Will the person have to appear in the court room, before a judge, or not because the decision is already made and this is just for enforcing?
From http://www.smallclaimsbc.ca/crt-claims-up-to-5000

Enforcing a CRT order
Negotiated consent orders and final decisions of the CRT can be filed
in the Provincial Court for enforcement. For a final decision you must
wait 28 days from the date of the decision before you can file. Filed
CRT orders can be enforced the same way as Provincial Court judgments.

So how exactly does a person file the order?


texts: Is it illegal for a store to advertise a product and then never sell it?

texts:
Suppose (Store) is planning to sell (Product) at price $N. (Store) puts up a display inside the store for (Product), say an image and a price tag. (Product) is correctly listed as out of stock and (Store) never accepts any orders, preorders, or money for (Product). After three months of trying unsuccessfully to get stock, (Store) decides to give up and pulls (Product) from the shelves.
(Customer) saw the display and really wanted to buy (Product) from (Store) for $N. Does (Customer) have any claim or recourse against (Store)?
Does it matter if (Product) was available in other stores or just never produced at all?
Does it matter if other stores have (Product) but charge more than $N?
Just for the record, this is not a reference to any actual product or store.


texts: How to approach integrated extended service and durable goods UCC SOF K

texts:
A and B are friends. A is a reputable retailer specializing in shoes. B asks A for economical help, and A agrees that if B can manufacture a custom shoe that they'd continue working together.

Some months later, B produces a prototype that A wants to buy in 2 lots (100 pairs of shoes). A and B want a contract that accomplishes two items:

B is to continue building and manufacturing products exclusively to A for a period of 24 months,
A is to purchase 2 lots (100 pairs) of B's initial shoe line for $10 each unit.

Is there a benefit of having a single document with an amendment clause or separate contracts?


texts: Writing a license agreement for my stock footage - where do I start?

texts:
I have no background in law.

I capture drone footage as a hobby, and want to license it to my local church for use in some of their non-commercial video productions. I want to ensure that they are not allowed to resell it, distribute/share it, use without permission etc etc without obtaining permission from myself.

I am supplying the footage on a hard drive, and am including a copyright notice on the disk (I shall also be drawing their attention to it via email).

What can I do to ensure my footage is covered appropriately? Do I need to write a license agreement? Are you able to point me towards a fully formed license agreement template which I can use? Would it be better to just write an extended copyright notice which details that the footage may not be used without permission?

I am fully aware of the Creative Commons licenses, but these allow the footage to be used by others which is something I want to restrict (almost open-sourcing the footage).


texts: What did Colorado say in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that Kennedy found to be "neither tolerant or respectful"?

texts:
In today's decision by the Supreme Court in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission Justice Kennedy said the treatment of the baker was "neither tolerant or respectful". In the opinion on page 2 it says:

  As the record shows, some of the commissioners
  at the Commission’s formal, public hearings endorsed the view that
  religious beliefs cannot legitimately be carried into the public sphere
  or commercial domain, disparaged Phillips’ faith as despicable and
  characterized it as merely rhetorical, and compared his invocation of
  his sincerely held religious beliefs to defenses of slavery and the Holocaust.

What exactly did the Commission (or their representatives) say and was it really that bad? I'm looking for sources outside of the opinion, ideally verbatim quotes from the commission or their own (public) records.


texts: Could I infringe a copyright if I use content available for free online?

texts:
I made a video and uploaded it to YouTube. I created the video, but I attached an audio track I found online for free.

How do I know if I am allowed to use this audio in this way?

If I pay for creative works like music, songs, graphics, etc., do I infringe the copyright of the work if I post those in a video I upload to YouTube?


texts: Is there a law preventing a business owner from publicly displaying your photograph and name, and a debt they say you owe?

texts:
Can a business owner post your full name and your photograph, with an amount of money they say you owe them, on the wall of their business? Does it violate any right to privacy?
Assume for the sake of argument that, unlike in this question, the statement is true.


texts: india relating corporate law employment in government company harassment for not getting involved in irregular practices

texts:
Is it legal for a government-owned company in India to register vendors without publicity, and carry out a limited tender among them without publicity,by selecting among vendors registered on basis of arbitrary recommendation by company officials, in any state of India? Does this violate norms of Contract Law, or anti-corruption provisions? This goes against common sense and fairness.

In this case, vendors are registered without advertised invitation for enlistment in any newspaper or website and limited tender/NIT/Request for Quotation is carried out without any publicity. Is this legal as per relevant provisions of applicable laws of India?

This is has been going on for 6 years. An employee, on probation, refused get involved in this business process when he was asked do an inspection of approximately 23,000 rupees worth of material (printer paper reams), which he could not find, so he refused to sign off the inspection. As a result, a letter of caution was issued.

One month later, he was asked to do an inspection on basis of a purchase order, where the signature in place GM seal there was a signature of DGM but there was no mention that he was officiating as GM. Moreover the document had factual and technical errors regarding description of material so he verbally conveyed his inability and answered in writing to the letter of caution, mentioning that he has been asked from time to time sign incomplete and irregular documents, for which the DGM and Senior Manager verbally said that they will take revenge; and confirmation letter was not given but but appointment he auto-confirmed since probation was not extended but 3 increments have not been given without any letter, causing huge loss. What should the employee do, when many people know about this but are not doing anything, just verbally labeling as inefficient and arrears may be given but without loss compensation?

What should be done by an employee to safeguard his employment and career interests, when there is a concerted effort to cover up possible corruption, and retaliation is happening against the employee for not contributing?


texts:
I am not a law professional at all but I all of a sudden realized something to which I cannot find a reasonable answer. In customs (or in similar law-enforcement acts), why is the burden of proof on the subject but not on the state?

CASE 1) If Acme Inc. imports some agricultural products, then she needs to demonstrate that everything complies with the biosafety regulations rather than the officers proving a violation. Then Acme needs to perform any necessary test by herself.

CASE 2) If it is claimed Mrs. X is insane and needs a guardian, then the burden of proof is with the plaintiff. Mrs. X need not prove that she is a reasonable person to a public authority every single minute to remain officially sane.

My interpretation for the case 2 is that somebody is assumed to be reasonable by nature unless something happens. But why is some"thing" is not OK by default?


texts: Inherited house and principal residence exclusion for capital gains on IRS Form 104

texts: I'm the personal representative of an estate in Massachusetts.  A home in probate was recently sold and the estate received a 1099-S.  There are about $50,000 in capital gains from the sale.  I lived in the house for over 2 years after the death of the owner.  Is the estate able to use the principal residence exclusion for the capital gains on IRS Form 104?  There are 5 heirs.


texts: Can an apartment release my package without approval, warning, or notification?

texts:
I had a package that was delivered this past Tuesday. It was supposed to have been picked up for a return by UPS, but for whatever reason UPS hasn't picked it up yet. On Thursday, a leasing office employee told me they couldn't hold on to it indefinitely and asked who the carrier is (so she could remind them when they arrive), and when it will be picked up. I let her know that UPS was the carrier, and they would probably be there to pick it up the following day (Friday).

On Friday night, I get home late and find the package outside of the leasing office's door (for anyone to steal). I had never been given any advanced notice that they'd be releasing it on Friday (just a vague idea that they can't hold it forever). I hadn't even been told that they did release it, I was left to find out at 1am on Friday night.

The issue is that the package is very large and heavy, and I can't carry it because I'm having problems with my hands and wrists. Furthermore, my unit is only 200 square feet and I don't even have room for it (it was delivered to me from Amazon by mistake). I explained all of this to the leasing office employee on Thursday.

My lease seems to waive their liability. However, I'm not sure if it's legal for them to do so in the lease.

  Resident(s) gives Owner permission to sign and accept any parcels or letters sent to Resident(s) through UPS, Federal Express, Airborne, United States Postal Service or the like. Resident agrees that Owner does not accept responsibility or liability for any lost, damaged, or unordered deliveries, and agrees to hold Owner harmless for the same.

Are they liable? I live in Clark County, Nevada in the United States. NRS 188a seems to be the applicable law, but doesn't seem to mention anything regarding packages. Reddit seems to think that the apartment is liable in situations like this.


texts: How was Hume Williams 'impotent' and 'personally involved' in his altercation with a witness?

texts:
Source: pp 65-66, The Art of the Advocate (1993) by Richard Du Cann QC.
 Sorry for the long quote; please advise me if and how I can abridge it.

  Tenacity is more than an aspect of courage. Counsel must expect
  to cross-examine many witnesses whose evidence he will
  fail to destroy. He must also expect to come across a number who
  believe that attack is the best method of defence, and who will do
  all they can to embarrass him. Two such witnesses appeared in
  the 'Black Book' criminal libel case tried at the Old Bailey during
  the First World War. Noel Pemberton-Billing, independent
  member of Parliament for Hertford, alleged that German secret
  agents had compiled a list of 2,000 prominent people whose
  sexual proclivities and abnormalities had led to an irresolute
  prosecution of the war. When he criticized the dancer Maud
  Allen in obscene language for playing the part of Salomé in
  Oscar Wilde's play she prosecuted him for criminal libel. Hume
  Williams was briefed to prosecute. He had an extensive practice
  in the Divorce Division, but this did not fit him for the rougher
  atmosphere of the criminal courts, nor for witnesses who were
  prepared to stick at nothing in order to win. It allowed an
  unscrupulous man, with a full wave of national sentiment and
  war hysteria behind him, to secure his own acquittal and a
  travesty of justice at the same time. One of the witnesses for the
  defence made a reply to Hume Williams in cross-examination
  which led him to ask, with a note of incredulity in his voice.

  WILLIAMS: People in the service of Germany are able to get British
  secret service agents marooned [on the Greek islands] by the orders of
  the British Government?
  WITNESS: Yes. I think I told you that privately.
  WITNESS: Do you not remember talking to me?
  WILLIAMS: Never!
  WITNESS: When I came back from Albania you met me at dinner
  we had a conversation together.
  WILLIAMS: I have never met you in my life.
  WITNESS: I quite expected you to say that.
  WILLIAMS: Because it is the truth.
  WITNESS: You were never at the Clitheroes'?
  JUDGE: I expect one or other of you will get marooned.

  The loud laughter which greeted this sally of the Judge's
  disguised the defensive nature of Williams's last assertion. When
  one of the later witnesses made a similar claim, that she had
  ported a 'dangerous state of affairs' direct to Hume Williams who
  had advised her, 'there are too many people involved to make
  a personal sacrifice to expose it', [1.] he was impotent to deal with the
  situation. [2.] He had allowed himself to become personally involved.

I do not understand 1. Williams was correct to refute the Witness's falsities; so how was Williams impotent? If Williams had ignored them, then the audience may infer that the Witness was speaking the truth?
How is 2 true? What else should Williams have done?


texts: Under the England and Wales Public Health (Control of Disease) Act 1984, can a police officer enter a house without a warrant?

texts:
Public Health (Control of Disease) Act 1984
As the title asks. It's such intense legalese that I can't get my head around it!


texts: Can dual-citizen Americans vacation in Cuba?

texts: If a U.S. citizen who has another citizenship enters Cuba using that other citizenship and spends his vacation there, will he run afoul of U.S. law (embargo of Cuba)?


texts: In the State of NY, if I have no income, but I have a house — do I need to pay property tax?

texts:
If I need to pay property tax on the house, are there any exemptions, based on the fact that I have no income?
Is it relevant what the tax assessment of the house is?
When I look at houses in house search websites, I often see in the tax history something like:
Property tax for 2017: $2,000
While for all the other years from 2000 to 2019, there is no info.
What does it mean?


texts: Can you be compelled to testify in English?

texts: This is inspired by this question. Assume that a person has been subpoenaed to testify in a case (either civil or criminal – the person is not the defendant or a party in the case), and the person speaks English fluently, plus some other language "well enough" – let us say that he speaks Tigrinya. The person decides that he wants to testify in Tigrinya, so he gives his testimony in Tigrinya. He does not demand that questions be posed in Tigrinya, he simply opts to respond in Tigrinya for "artistic" reasons. Is there a statutory or case law basis in the US on which the court can compel him to testify in English? Various provisions whereby people who don't speak English have a right to an interpreter don't apply, since he does speak English. Tigrinya court interpreters are common enough that this would not impose an overwhelming burden on the court. Does the answer change if the language is Karuk, for which interpreters are unavailable? I am specifically interested in the substantive basis for the conclusion.


texts: Lift laws and maintanance in a residential flat

texts:
In India, what are the legal facilities/minimum maintanance requirements (Like alarms, phones, power back up etc) for a lift installed in a residential flat?Who are responsible for any accidents caused by poor maintanance?

I had a bad experience in my flat where i am staying as a tenant. I was stuck for an hour as alarms and phones were not working in the lift. Later I came to know earlier a family vacated the place as they were stuck for an hour with their 6 months old baby. And no one seems to care, as nobody is hurt yet! Is there any protection in our law making lift maintanance mandatory? And who is responsible for this in a gated community. The care taker took a stance like they are answerable only to the owners. So residents have zero say in this??

Hope there are some Indian laws which i can make the care taker aware of.


texts: How is it constitutional to require defendants to pay for counsel?

texts:
In all criminal prosecutions, the accused shall enjoy the right ... to
  have the Assistance of Counsel for his defence.  (U.S. Constitution, Sixth Amendment.)

The last Supreme Court ruling on this appears to be Gideon v. Wainwright, which applies the Sixth Amendment "right to counsel" for indigent defendants to the states.  Apparently even that right is still under contention: many jurisdictions impose fees on defendants for the use of public counsel, regardless of their (in)ability to pay.

I'm still confounded by the reality that an American of any means could be required to pay for counsel in defense against criminal charges.  Since, AFAIK, there is no way for an exonerated defendant to recoup the costs of his criminal defense, doesn't this amount to an "unconstitutional taking" of property?

I.e., does the present system really say, "You are presumed innocent, and you have the right to counsel in defense of that assertion, but you have to spend down to your last dollar to assert that right?"

If true, I guess the "American" solution might be something like legal insurance, but the principle sounds terrible.


texts:
In Sweden, the "default" name of a person is the name they call you (I'm "Niklas") and the last name is your father's name. You may also take your mother's name or any name that is approved.

I don't know why I don't have my father's last name but I don't since I was about 7 or 8 years when the last part of my name was dropped. I was born H. N. E. Rosencrantz-Larsson and then the Swedish tax auth means that I couldn't have a double last name for some reason so they dropped Larsson although Larsson is my father's name and Rosencrantz is my mother's name.

Now I wonder if there could any more complication that misunderstanding of my father's last name because people assume that my father's last name is Rosencrantz. I'm not sure about my personal preference, but I think it could be less misunderstanding if my name was the name everybody calls me ("Niklas") and my father's last name ("Larsson") or is there a disadvantage for me now to use the form of my name that would "normal" because it is accepted that I am "Rosencrantz" but my father is no Rosencrantz.

I don't think there will be a great misunderstanding, and my personal preference is the name I would have if I was born and named according to the most normal convention we have: The first name they call me ("Niklas") and then the last name is my father's name.

If it doesn't matter and I want to switch, can I claim that I should be approved to switch for free since I'm switching to the "default" and I never was given the chance to have my "default" name?


texts: What trademark "goods/services" category is a medical device design and manufacturing company?

texts: If my company offers an array of medical devices (and related software), do I trademark it as an 010 (based on it's flagship product) or do I trademark as an 044 (a medical service -- producing and designing devices)?


texts: Is publishing copyrighted material (product brochure) is an acceptable fair use?

texts:
I'm applying for grant money: https://genesis.re/wiki#CaaS:_Civilisation_as_a_Service
Some time ago I've received a brochure from a vendor that is copyrighted material.

This document, all text and images used within it as well as the company logo is copyright BLAH BLAH BLAH LTD. 2018

https://en.wikipedia.org/wiki/Copyright

A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States.

Puzzled with a dilemma

When applying for grant money, it is helpful to evidence there is a vendor that has the experience and can deliver

It is copyrighted material. Cannot use their product brochure.

Or maybe I can? There is an assumption that if a vendor shares their product brochure, it is totally logical and acceptable to share it widely - after all they want to have more clients.
Or maybe not? Each brochure is different, customized, I publish the old one from 2018, it will make their business mode difficult and I will be responsible for their losses.
For the purpose of this question assume UK jurisdiction.


texts:
Considering a claim, in which the particulars state that words or phrases, often used in a colloquial manner, have caused or may cause financial and/or reputational damage to persons or businesses.

Examples given include:

The manager is a parasite
What they have done to the business is criminal
They are raping the community coffers
They are con artists
The company is finished with him at the helm

What would be the best way to individually defend the claims against statements such as the above when used in every day context, and given that there is no specific reference to any actual dishonest activity or crime?

This question is concerning the United Kingdom and not the United States, which allows broader latitude under free speech.


texts: Is it illegal to buy and/or sell "feet pics" or pictures of feet if the seller is a minor?

texts:
Curious about this -- I'm not a buyer of such things. A growing trend online that has been booming is females selling pictures of their feet online, very often to male buyers. If the seller happens to be a minor, is this illegal? Feet can be sexualized but it is not a part of the body that is considered nudity -- you could also sell "hand pics," "ear pics," "stomach pics," etc.
But given the popularity of foot fetishism as the #1 fetish there is, feet remain most popular. What's the deal here though? If someone over 18 purchased "feet pics" from someone under 18 who willingly sold them of their own free will, is this a crime?
Minor is a term for anyone under 18 in the States you could argue, but what merit does that have for something of this nature? Just to note that this referring to the act of the purchase/sale of content, not of anything outside the nature of the transaction itself. Like for example it's obvious this does not imply a close relationship with a minor that is sexual just by means of buying said content any more than this would with an adult also if the only details surrounding such an act is of purchase and nothing further/personal.
Some imply this is "foot porn" but images of feet pics alone are not illegal to view, possess or purchase in any common situation.


texts: Will cheering death thieves, burglars, or robbers carry murder charges?

texts:
Why was Charles Manson convicted of murder?

Says that encouraging murder means being an accessory for murder.

Say I got my stuff stolen. Say I hate all thieves and think they're vermin.

One day, I read something on the web. A thieve got shot by  home owners.

I cheered. Finally good news. Actually, I saw many such comments.

Why am I being grateful? Because I hope more of those happen.

I am not saying I do. But say I do. And say because of what I did, numbers of robbers/burglars/thieves that die during burglary increase a lot. And say, some of those robbers/burglars/thieves shot are "unjustified".

Will I be guilty of murder?


texts: Can an HOA make up new rules other than explicitly stated in CC&Rs?

texts:
In Texas, in an area governed by an HOA, the CC&Rs regarding lawns state that grass must be kept cut in a neat and attractive manner.

Can an HOA then tell a homeowner they must cut down mature trees because the grass doesn't grow under them because of the density of the trees?

The trees are not damaging the house, cement, nor are they diseased. They are healthy trees that do not let enough light come through that grass can grow under them.

If the homeowner makes an attempt to try to fix it by planting shade tolerant grass can the HOA require the homeowner cut the trees down at the homeowners expense so that grass can grow?


texts: Can the original copyright holder issue DMCA takedown requests on infringements of second-order derivative works?

texts:
Consider this scenario:

Alice publishes a work A under CC-BY-SA-3.0.
Bob makes a derivative work B from A, and publishes it under CC-BY-SA-3.0.
Charles makes another derivative work C from B, and publishes under CC-BY-SA-3.0.
A and C don't share any content, or resemble each other in any way.

If some third party infringes on the license for A, it's clear that Alice has standing to issue DMCA takedown requests for material that infringes on A. However, it's unclear whether Alice can do the same for B or C.
If some third party infringes on work B or on work C, does Alice have standing to issue a DMCA takedown request against the infringing use in each case?


texts: If elected officials are exempt from CRA Title VII, what protects their civil rights?

texts:
According to the answers to Are county clerks exempt from Title VII of the Civil Rights Act of 1964?, elected officials of pretty much any sort are exempted from the protections offered citizens under Title VII. But it seems that without this protection, municipalities could enact laws such as "no Muslim or person with a physical or mental disability may hold an elected position."

Something clearly protects this from happening. Yes, it is a violation of the constitution, but from my understanding laws are what establish protections against constitutional violations.


texts: Can I contact this man's probation officer?

texts:
My parents and I live in Suffolk County, New York.
In January 2017 my father's friend began living with us.  During this time, my father's friend was arrested and convicted of animal neglect and abuse.
I believe this man is currently on probation. I have not looked up his probation officer.
My mother and I have expressed both to my father and to this man that we do not want him to live with us.
My father does not put pressure on this man to leave and the man refuses to leave.
There have been numerous verbal fights and altercations between this man, my mother, and me.  I believe my mother's name is on the title of the house that he refuses to leave and her name is on the title of the car that he uses without her consent.
I want to know if I  can contact this man's probation officer. Are there grounds for me to do this? I understand this man is not committing crimes per se but he is not living in good conditions, he is living at our home against half the home's will, and he is not taking steps to improve his life or stay out of trouble in the future. Would a probation officer in Suffolk County, New York investigate his living situation? I understand a probation officer is not a social worker.
Do I have valid grounds to contact the probation officer?


texts: Is it self defense to use force on someone threatening violence but hasn't used it yet?

texts:
Here is the example video: https://www.youtube.com/watch?v=ALNIPwh8I54 (a little violent but not too much)

Given the answers to Are you allowed to strike a person if they say you can? and Does anyone know if this counts as assault? it sounds in most situations hitting a person is always illegal (unless they attack you first).

What about this one? If the person threatens violence, can you act preemptivley? Also, technically speaking in the video he never explicitly threatened violence, just acted in such a way that strongly implied it (getting up in people's faces and taking shirt off). Could this be used in his defense?


texts: Returning one product when several were purchased at the same time

texts:
I have bought two products (services): specifically two parts of a university training course (ITT (Initial Teacher Training) and masters units leading to PGCE). Both are sold separately. I no longer wish to do the masters units, and focus on the ITT.

The terms and conditions say that I must return zero or all. They say that the combination forms a new product ( a 3rd course). However both can be purchased separately. The only connection being that if you pass both you can get a better certificate (ITT + masters units = PGCE). You do not have to buy both at same time, to get the PGCE, you can do the masters units years latter, and still get the PGCE.

It seems to me to be like going to a shop and getting two products at the same time. This in tern seems to be like going to a shop getting the first item, leaving coming back and getting the second. Which says to me that I can return one on its own, according to the company return policy (without considering the 2nd). What does statute (the law) say on this?

Can I withdraw-from (return) the masters units course, according to the university returns policy, as if I had bought it separately?
Can you also cite the relevant UK consumer law.

I am in England.
Course started, 1st September, but I was not officially enrolled until November.


texts: Trading card booster packs, loot boxes, the lottery, and your interpretation

texts:
I'm a prospective law student currently conducting research on the legality of loot boxes in the United States, and I find Magic the Gathering very relevant. (Reference for Loot Boxes and Booster Packs below). The main debate is whether or not these type of products are illegal lotteries.

The law at question is California Penal Code 319, and specifically the definition of a lottery:

  A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any
  valuable consideration for the chance of obtaining such property or a
  portion of it, or for any share or any interest in such property, upon
  any agreement, understanding, or expectation that it is to be
  distributed or disposed of by lot or chance, whether called a lottery,
  raffle, or gift enterprise, or by whatever name the same may be known.

Does this constitute MTG Booster sales (physical sales) as a lottery?

Please note:

The definition makes no mention of receiving/losing "value" from any such property, only that you received it by chance. IMO, by purchasing a booster, you have purchased a chance at receiving individual cards on a statistical spectrum (rarity). The chance bit is all that matters, not even the value of the cards. Because there is no mention of inheriting some value, or the ability to obtain a greater monetary value after the lottery, then the argument around not acknowledging the secondary market is negated.
The definition makes no mention of receiving anything vs receiving nothing, thus the argument of "everyone receives something" is negated
The definition makes no distinguishment of such property having sole monetary value vs some other intrinsic value such as being able to play a competitive game.
However, I believe that the nuance in this law is the definition of such property. Does a range of cards on a statistical spectrum of rarity each constitute an individual property vs the booster itself as the individual property? But, couldn't this argument be made about a lottery ticket? Would wizards need to make every card the same rarity and distribute each evenly if this were true? How can we navigate around a booster pack being purchased to receive a chance at some cards?
One area I find difficult to research is Magic Repacks on eBay. Not sure if anyone has any thoughts on this?

For Magic Arena (electronic version of the game):

The argument might stand that WOTC does not give up actual "ownership" of the cards, however, in the context of 319, there is no explicit mention of ownership. Only "distribution" of such property. The game aspect may not conceal the fact there exists a purchase of chance within the game.

Reference:

Booster Pack

Loot Box

California 319


texts: How binding or authoritative are Guidelines in a Schedule to a UK Act of Parliament?

texts:
If they were as important as the Act, why would these Guidelines be banished to a Schedule? They look less authoritative to me because they are banished to a Schedule.

2 Note also that the definition of ‘reasonableness’ will be affected in some
circumstances by the guidelines contained in Schedule 2 to the Unfair Contract
Terms Act 1977. This is not an aspect you would necessarily know if you did not
look at the statute as a whole. However, attention to this kind of detail is what raises
an essay mark from a good 2:1 to a first.

Stacie Strong. BA English literature (UC Davis 1986), MPW (USC 1990), JD (Duke 1994), PhD Law (Cambridge 2002), DPhil (Oxford 2003). How to Write Law Essays & Exams 5th Edition (2018), p 11.


texts: If I don't sign a contract for the publication of my works, who is the copyright owner?

texts:
I worked as illustrator, cartoonist and writer for some magazines and books in Italy (on paper and on line), but I never signed any contract and I never received money. Some publisher asked to me to send inedited works only, for the publication, and to put a link to their magazines while using my works elsewhere. This request was made by email.

Now I stopped working since more than a year, and another italian publisher made me an offer, that's to say re-using my old works for collecting them on a website, on some e-books, for some products which will give me some profit, so he asked to me the permission of keeping my comics and illustrations from my personal blog for such purpose.

My doubt is-> since my personal blog does contain works which have been published on the magazines and books I mentioned, I wonder if I should worry about the copyright: am I supposed to ask the permission to the previous publishers before using them for other porpuses, both personal and commercial?

In other words: since I never signed any contract, am I the copyright owner of all my works?

(If I don't, may my works be re-published by mentioning the previous medias, at least?)


texts: Can I be assigned hours after promised a week off?

texts: I'm asking this for a friend who has been extremely sick over the past few days, and contacted her manager at her workplace, which assigns weekly schedules to each employee. The manager in question promised that she wouldn't be assigned any hours at all over the week, yet when she checked her schedule today she was assigned a pretty similar weekly assignment. This could be an error, of course, but if it's not is there anything to protect her from being fired if she skips work, when promised she could?


texts: Stop paying for service after company refuse to end contact even on valid ground

texts:
So I signup for a service with a 1-year contract. After a year the contact would be renewed on a month to month basis with 1-month notice to terminate the service. I have contacted the company and they refuse to end the contact claim I signed up 2 months ago. The date of the signup is stated in the contact. It is crystal clear that I should be able to terminate the contact. When going through this I noticed that a lot of people are complaining that they are pulling this scammy behavior, so I'm not the only one affected.

So I'm wondering if I can just legally cut off the payment to this company. They have had there noticed delivered if they choose to not accept it is the companies problem right? (All contact was done through email so I have a paper trail proving it all)


texts:
Suppose a private party were to pay for the production of a theatrical play in England, and one of these performances was filmed, with the intention that the filming would be later edited into a DVD. There are therefore several interested parties:

The party that paid for everything
The person who filmed and edited the performance (the same person in this example)
The actors
The venue

To which of these parties (or any others) do rights belong in the recording and DVD? Do these rights differ if the DVD is (a) publicily sold for profit, (b) privately sold for profit (e.g. just to those associated with the production), (c) privately distributed for free?


texts: What laws would be broken if a university professor accepted money in exchange for better grades?

texts:
Suppose a student in an ordinary university offered $100 to his professor (or Teaching Assistant) in exchange for a five percentage point improvement in his grade. Suppose the professor/TA accepted it and increased the grade.

What laws will have been broken?

I am interested in regard to US and Canadian law.


texts: Searching for the term for an anecdotal "simple person"

texts:
Maria Theresa and the Law

Many years ago, I was attending a university course about legal aspects for computer scientists. It was a very basic course and in order to make the topic digestible more easily for us students, the lecturer was providing some anecdotes. As the course was provided by an Austrian university, some of the examples referred to the Habsburgans and the Austro-Hungarian Empire.

The lecturer told us that before a law could pass, a member of the common people had to read the law text and explain it in his own words. Only if that was possible and purpose of the law could be reflected, a law could become active and valid.

The idea behind this was to ensure that the population, which received only basic education back in the days of Maria Theresa, could understand the meaning and implications of the law. This person had a specific name, if I remember correctly, it was Hungarian for "simple person" or even "stupid person". Does anyone know the term for this person?


texts: Is there any obligation to provide a service after a contract expires?

texts:
I had a contract to provide web services to someone for a few months. The contract has now expired and has not been renewed. The client was horrible to work with and I no longer want to work with them, but they have made no effort to find someone to replace me.

If I flick the switch their online business goes offline. If I do this and they offer to pay me to bring it back online, do I have to do it? I don't want to work with them anymore and have already given them the backups. The contract expired almost 2 months ago now and I'm getting annoyed that they are taking advantage of me for a service I am not being paid for.


texts: Is Van Gogh's Starry Night in the public domain?

texts:
The image I am talking about is here:

The Wikimedia page indicates that:

  This work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 100 years or less.

Van Gogh died in 1890, which is more than 100 years. So is his artwork worldwide available for commercial purposes? Or am I missing something?


texts: Is or was it a law that people (or females only?) who get divorced have to "keep" their last names which keep on "building up"?

texts:
I have many times heard jokes related to females who have "long" names, such as "Marianne Doe Smith Swensson O'Reilly And More Last Names Go Here", suggesting that they have been married multiple times and, each time after getting divorced, still kept their husbands' last names, "piling them on" like a form of intangible "baggage" of sorts.
I always wondered why they would do this unless required by law. Is there such a law that says that they cannot "nuke" last names once they get them, but are only allowed to "pile on" the new one to the ever-growing list of last names? Perhaps as a way to signal that it's not a good idea to get married to somebody who's obviously prone to divorces?
If this is not the case today, has it been the case in the past? I wonder about this both for the USA and the Western world in general.


texts: Is profanity a form of protected speech on college campuses?

texts:
I am currently attending college in Oklahoma and have run into a confusing policy. We have been warned that anyone living on campus who uses profanity in the dormitory lobby will be written up for a violation of residency agreement and the student code of conduct.

Nothing in either document clearly establishes what constitutes profanity, how it is a violation of the aforementioned notices, or why this is punishable at all. The only thing I found in their literature states that profanity is in poor taste and is thus not acceptable. This was immediately preceded by language demanding that students obey school policy as well as state and federal law.

So the codes say it is unacceptable, but I can find no case law to back this up. Cohen v Calif., Matal v. Tam, and People v. Boomer seem to be the most relevant in the discussion, but I find the jargon a bit dense.

This policy seems to be incongruent with federal interpretations of free speech and further work by the ACLU. If the language I use is not used to incite violence, issue a threat, or utter fighting words, can they enforce punitive action?


texts: Which law requires a pharmacist to be present in every pharmacy?

texts: Which law requires a pharmacist to be present in every pharmacy in the United States?