texts:
This question is prompted by the BBC program "Is This Rape?" which is currently on iPlayer.

The program contains a story of a fictional sexual assault, which goes to court (starts in the program at 19:07). In the fictional court a number of things happen that seem as if they might be in breach of rape shield laws. Below is a list of things that where particularly surprising;

  The defendant and the claimant are in the court room at the same time and apparently can see each other.
  The defendant talks about the past sexual activities of the claimant with the defendant.
  The defendant talks about the past sexual activities of the claimant with other people the defendant knows.
  The defendant's lawyer (might have been a lawyer, I don't know enough to tell the difference between different legal representatives)
  questions the claimant about past relationships with the defendant.
  The defendant's lawyer questions the claimant about past sexual activities with the defendant.
  The defendant's lawyer questions the claimant about past sexual activities with others.
  The defendant's lawyer questions the claimant about sexual photos sent to the defendant.

Given that this fiction is set in the UK, which of these things, if any, would not be allowed to happen in a real court? What legal rule should prevent it from occurring?


texts: Is it legal in California to require extra behavior/communication from a single employee?

texts:
Apologies if this is not the right forum for this question.  Please feel free to close if it should be asked elsewhere.

I was recently terminated from employment due to poor performance.  About a year ago, my mother passed away, and the psychological trauma was extreme.  I already suffer from clinical chronic depression, and this even took a toll on me.

For a six-month period, there were several instances where I missed work without notice.  Admittedly, I could have communicated an out-of-office status, but my depression seemed to overwhelm me to a point where it was difficult to communicate.  Upon a conversation with my manager, I communicated that I understood the need/requirement of communication, and I began seeking intense therapy (both alone and with group support) on Mondays.  My employer made accommodations to this and allowed me to work only Tuesday-Thursday.

Two months ago, I was asked by my manager when Mondays were going to be available again, and I was told my team/colleagues were feeling a lack of cohesion with the team on my part.  I told her I'm still working through this loss and therapy has been immensely helpful, but she pushed the cohesion issue again.  I felt guilted/pressured into willfully terminating my Monday therapy.

A month ago, I accidentally only requested 2 days of PTO (in our PTO system) for a trip to celebrate my mother's passing.  I communicated effectively with the team that I would be gone for three days, and they even marked it appropriately in our team-level capacity sheet.

I was confronted two weeks ago by my manager stating that I am not communicating well enough with my team, and that no one was aware of this extra day.  To that end, I was given an ultimatum.

I was told I had to perform the following tasks every day:

An end-of-day status, consisting of what I planned to accomplish today, what I actually accomplished, and plans for the next day
Attendance to all scheduled meetings, unless I was sick.
In our team chat software (Slack), I must "@here" anytime I was away from the keyboard, or send an e-mail to all team members.  @here sends a notification to all team members' screens in case they have the software minimized.

Each of these things are not required by any other team member.  While I don't mind guided direction to regain team cohesion, these requests--especially the "@here" portion, felt extremely degrading, especially if I just had to use the restroom.  Furthermore, throughout these next two weeks, it also felt like a slap in the face when other team members would just send a non-notifying message if they were going to be away or offline.

Last week, I @here'd that I was feeling under the weather and would work remotely from home.  That afternoon, I was feeling light-headed, and so I communicated that, accidentally without the "@here."  I was terminated yesterday explicitly for this.

I am in an at-will employment state, so I do understand that employment can be terminated at any time, but I still feel concerned that my reason for termination was that I was not following rules that only I was given as an ultimatum for employment.  If it matters, all my team members are of the same role/level as me.

Update: Part of my concern is that I was also encouraged to terminate therapy, even with knowledge that I am suffering from a medical condition exacerbated by recent events.


texts: Is there a legal way to define the value of a private company that would hold up in court?

texts:
I'm a software developer who wants to charge companies based off any reasonable metric of worth I can find.

For public companies, "Market Cap" is a pretty straight-forward choice.  It can be defined as a simple function.

But for private companies, it's not so easy.

For what I'm doing, I really don't need a high level of accuracy.  I could deal with a tolerance of +/- 10%, and just take the low end.  But I do need something that can be checked by both parties.

These are the methods listed in the linked article:

CCA (comparable company analysis) - basically look up a bunch of public companies with similar attributes, average them.
Private Equity Valuation Metrics - appears to require a recent merger, acquisition, or IPO... but should one of those happen, there is an evaluation stage
Then rest are even more complicated...

My current idea is that private companies would check out their evaluation through some standardized tool and then be able to archive it.

If I had some means of coming up with a number and presenting it, would it be legally acceptable to define that as their company value in a license?

What alternatives to legally defining the value of a private company am I missing?


texts: Is it legal to access open wifi networks without permission

texts:
Let's say if my neighbor keeps his/her wifi-network security open and my wifi settings are set to automatically connect to open wireless networks as they don't need any key to access.

Then considering USA jurisdiction am I committing a crime given that I don't have any permission from my neighbor to do that.

And given this situation as an analogy, How is it different from breaking or more suitably just roaming into a house or property without doing any sort of damage, given that it was not secured or left unattended for a while.


texts: What could be the legal consequences of the "street justice" beating of a person by another?

texts:
A pervert walks past some kids and sexually exposes themselves. They then walk towards the father of the children they just exposed themselves to, as words were exchanged. The father proceeds to exact some street justice and beats the pervert up.

Could the father face legal consequences?

Could the father use self defense as a defence against any charges?

Such a situation is reported here.

Since a state is necessary for jurisdiction, let's use Florida as an example.


texts: Is a reference made using the word "the" different from a reference made using the word "said"?

texts:
In the following sentence:

A building with a wall for painting text and drawings,
in which said wall is painted with a layer of opaque ink, and
in which said wall is painted with a message.

the wall is first painted with a layer of opaque ink and then painted with a message. I assume this interpretation due to the use of the word said.
However, if the word "said" is replaced by the word "the", does it then also contemplate an embodiment where a wall is first painted with a message and secondly painted with a layer of opaque ink?

A building with a wall for painting text and drawings,
in which the wall is painted with a layer of opaque ink, and
in which the wall is painted with a message.


texts: Is There a Legal Distance to Slow Down After Passing a Speed Limit Sign of a Lower Speed? [MA]

texts: I recently moved to Western Massachusetts from New Hampshire, where speed limit changes of 10+ MPH are always marked with "reduced speed ahead" signs. According to the Massachusetts government website: "Reduced speed limit ahead signs are used to inform road users of an impending reduced speed zone where the speed limit is typically being reduced by 10 mph or more". There are several places along roads I drive somewhat frequently, such as the U.S. 202 highway, where the speed is reduced by 10 MPH or more with no warning signs, often right after corners so that it's impossible to see the signs with enough distance to safely slow down before passing them. For example, there any many places where the speed drops from 50 to either 40 or 35 with no warning, and even a place where it drops from either 45 or 50 (can't remember) to 25 with no warning, and from 35 to 15 in another spot, a reduction of 20-25 MPH. None of these places are marked with "reduced speed ahead" signs, and many of them are right at the end of corners that are impossible to see around because of trees, etc. This leads me to believe that there must be some law in MA that allows drivers a certain distance to slow down after passing a speed limit sign of a lower speed without it being considered speeding, but I cannot find any information about this from my online searches. If there is no law allowing this, then are these towns breaking the law by not putting up these "reduced speed ahead" signs when dropping the speed from say 50 to 25, or 35 to 15, with limited visibility along a U.S. highway?


texts: Should I get a lawyer after my accident?

texts:
Last Tuesday I got in an accident with a lady who is insured with GEICO. I merged into the middle lane (three lane highway in TX) I was in the lane and all of a sudden this lady who was in my left lane decided she needed to take the next right like RIGHT NOW. hit my car and caused me to hit the divider and busted front tires.

My driver and passenger door were smashed, my headlights smashed, my wheel axles and shocks broke and I had to tow my car. Police came, asked me what happened, than asked the lady and asked if we were okay. No citations were issued to me.

Now my car is an old Chevy Impala and not really worth fixing the body damage and don't really care how it looks so long as it drives. Her insurance told me they would deny my claim and to give them couple of days to get everything sorted out. So today, I get my class from my insurance saying the lady who hit me got a lawyer! Now I'm freaking out! Since the police didn't say who was at fault and both insurance companies deny the claim, who will the lawyer go after? A broke college student? Someone help me!


texts: Are companies allowed to lie about "offer expires in X days!!"

texts:
Often companies online state that they have "limited time offers", where you can buy a product for a discount.

However, i'm sometimes suspicious about this, and suspect that they're not limited offers at all.

Are companies allowed to say "20% off! Offer expires in 4 days!", but then when those 4 days are over, simply wait a day or 2 and start the offer again? Or is this prohibited by consumer protection laws?

Edit: the jurisdiction could be either the US or the UK.


texts: Can a Tx landlord demand payment for garage on expired lease?

texts:
My prior lease expired in February and I signed a new lease. The prior lease included a garage addendum. I was charged separately for the garage the first 2 months, then the charges stopped.
I received notice this week requesting partial payment for garage fees not paid on the prior lease. I don’t have a problem paying but want to make sure I’m not opening the door to any other fees. Am I obligated to pay? Thanks in advance.


texts: Any obligation to return an accidental second payout?

texts:
According to the Federal Trade Commission (FTC), if you receive an item you did not order - it should be considered as a gift - and you are not obligated to pay for it - or return it.

Question is, what is the affect of this law on online sales?

The example in hand is, a person sells something on a web auction platform. Where the platform owners are the third-party as far as money goes. So Person A sells an item, and Person B buys it. The platform owners, accept the payment, and when the goods have been transferred (lets say digital goods), then the platform owners release the funds to the seller. However, what happens if they send the payment twice.


texts: Is US Immigration policy's per-country quota cap for employment-based immigration illegal?

texts:
Although United States federal law has provisions against national origin discrimination, why does the immigration system still discriminate against people by national origin?

Each country has a 7% quota, which might seem superficially fair except for the fact that the population of countries is highly variable.

Currently, Chinese and Indian immigrants have to wait 5-10 years for a greencard, whereas immigrants from some 100+ other countries can get a greencard almost immediately.

For example: Suppose immigrants born in China, India, and Sweden are sponsored for an employment-based greencard for the same position. The Swedes will get it within 6 months while the Chinese will have to wait for roughly 5 years and the Indians will likely wait 10 years.

If discrimination based on national origin is illegal in employment, then how is it legal to discriminate on that characteristic in employment-based immigration systems?


texts:
I had some charges against me in 2015. One is nolle prosse and the other says investigative charges. What does this mean?

From my understanding nolle prosse means the charges were dropped is that correct? My case status says closed.


texts: Declaring being in non-receipt of post (UK)

texts:
As far as I can work out, there isn't a legal requirement to be able to receive post. At my current address, constant vandalism of post boxes, stolen post, post-people being unable to access cause me all sorts of problems. All my bills are electronic, I get packages delivered to the office.

Is there any way to declare "I don't want physical post" in such a way that anyone "taking reasonable steps" to contact me can't count physical post as "reasonable steps"? I don't see a declaration of "I live here" which is required by law in certain circumstances equates to "sending letters here will reach me" ... and it is an assumption made incorrectly and encoded in our current legal system


texts: Under the GDPR, should transaction data be deleted on account deletion or on user request?

texts:
Given the EU GDPR "right to be forgotten" when the user of an eCommerce website deletes their account, or requests, should the data related to their purchases be deleted?

Or if the user can buy without having an account on the website, but just by specifying their email every time they purchase something, should the entire record be deleted or just clear the personal data (email) in the record?


texts: Ramifications of Child joining a Magic Society, disappearing from parents life

texts:
Note: I struggled with deciding which Stackexchange site to post this question to--Law, World Building, Scifi, or Parenting--but hopefully it fits well enough here. I know it's not a perfect fit, but I hope users here will know more about the government and legal side of this question.

Also note, this is hypothetical, but I really am curious about the real-world ramifications.

Yesterday I watched "Miss Peregrine's Home for Peculiar Children" and at the end of the movie the main character, a teenage boy,

   leaves his parents to join the "magic" society that he has become a part of. Presumably never to be seen again by his parents.

Something similar happens in other fantasy novels, but I can't remember them right now.

My question is this: If, in real life, a child of a family were to suddenly disappear, what legal or social ramifications would the parents have to deal with?

Would the parents have to fake the kids death?

Would the parents have to convince the school district that the kid is somewhere else or home-schooled?

Would they have to lie to the IRS?

I assume they'd have to have a good excuse for family, friends, and neighbors, but how foolproof would their excuse have to be? What if after 5 years, the neighbors get suspicious of the missing child and the police get involved?

Basically, I am curious if a kid could just disappear off the face of the earth without arousing suspicion from the government. (Even a few decades later--"We have records of your kid going to elementary school 10 years ago, but no death certificate, where is your kid, ma'am?"). And, if suspicion was aroused by neighbors, what would happen?

Let's assume the family lives in an urban area in the US.


texts: If I receive a new contract from the same employer, can I be furloughed?

texts:
I have been working for a company since July 2019. First it was an 8 week fixed term contract (a paid summer internship). Following immediately from that (excluding a weekend) I was on a zero hours contract, which continues to this day.

In late 2019 I was offered a permanent role with a date to be confirmed (essentially, once I had completed my degree). I signed this (undated, but salary and hours specified) contract, and continued working on the zero hours contract.

Now, I know the end date of my degree, and can give the employer a date at which I can start full time. Currently, I expect them to accept whatever date I propose.

My concern is this: right now I am not furloughed, and it does not look like I will need to be in the future. However, there is a slim chance that could happen. Would starting this new contract exclude me from being furloughed?

I’ve had a look at the government‘s eligibility page, but, unsurprisingly it doesn’t mention my specific situation!

So, after starting a new contract for the same employer, could I be furloughed at a later date?


texts: Responsibility for causing damage to someone else's car when there is no collision

texts:
In order to avoid collision with the driver of a car who made a wildly optimistic illegal left turn, I had to push my brake pedal all the way to the floor and stop far more suddenly then one would in any non-emergency situation. But I barely avoided collision. After that my brakes didn't work well and required depressing the pedal all the way to the floor to get less deceleration than one normally gets from quite moderate braking. It turned out a brake line in my ancient car (circa 20 years old) had sprung a leak from the high pressure in the line during that incident.

Is the other driver responsible for any of the costs of repair?


texts: Is it legal to use “VirtualBox” software without making a payment?

texts:
I am planning to open a blog webpage, publish technology-based content on it and make money via blogger earning methods like Google AdSense.

The software I mentioned in the title, which is available at here, is just one of the necessities to prepare my content.

However, firstly, I want to be sure whether this kind of usage is legal or not for this free software.


texts: Is it possible to put under guardianship someone who is not impaired?

texts:
My brother-in-law have a track record of loss of documents, debt, and is otherwise unable to ensure his own self-being or manage his property.

While searching for solution, I came accross "Mise sous curatelle" (guardianship/curatorship), which, if I understand right, mean all the administrative, and manage his property for him, in the exclusive interest of the curatee. That sound like a perfect solution.

However, it seems curatorship is reserved for case where the potential curatee is physically impaired, either by sickness, disability, or heavy usage of drugs. None of thoses apply to my brother in law.

The law talk about a medical certificate delivered by a authorized doctor. While finding a authorized doctor, and paying the examination is not a problem, it seems to me the report will be negative, since there is no physical impairement.

My brother in law, however, have admitted himself he may have psychological trouble, and accepted to get a therapist. If the therapist conclude there is a defined trouble, is it possible to use this to allow the guardianship?

Note: The brother in law is aware that I am searching a similar solution, and have no direct objections, especially if he can appeal the solution by himself when he got everything under control again. Curatorship seems to be the right thing on every plan at this point.


texts: UK: Returning damaged items without option for free replacement?

texts:
I live outside of the UK, not a UK citizen or resident (I am also not a resident of the European Union), but I bought several items in the online store of a large UK department store chain.
The transaction price made me eligible for free shipping.

Many of the items arrived damaged, I took photos and got a refund for the items' value, not for the shipping, as shipping was free.

On its web site, the store declares that damaged items of orders placed by customers located outside of the UK will not be replaced, only refunded.

(Hence if I want a replacement, I will have to place a new order for the damaged items).

However, in the time interval between the time when I placed the original order, and the time when the damaged items were delivered, the online store bumped up the prices of the damaged items.

Also, since now I have less items to order, I will not be eligible for free shipping (unless I choose to add some items which are not really necessary to me, just to reach the threshold required for free shipping).

I wrote to their customer service about these two problems. However their response was that they do not send replacements to customers who are outside of the UK, and I will have to place a new order, with the new prices, as well as pay the shipping fee.

Is this legal according to the UK law, even when I am not a UK citizen?


texts: Nonprofit Board did not send notice of annual meeting

texts:
What can the members of a Nonprofit Corp do if the Board did not send notice of the Annual Meeting? The Board held the Annual Meeting and voted themselves back into power without notifying the members of the meeting. The bylaws state that a notice must be sent and GA law states that the notice must be at least 10 days in advance.

Can we sue to have that election reversed?


texts: Can U.S. Tax Forms Be Legally HTMLified?

texts: If I want to have a U.S. government tax form, like a W-9, be able to be filled out on my website, can I convert it to html (so that it looks as identical as possible to the original form), have the user fill it out, and then export the results to a pdf or image to submit to the IRS?  Or does the thing that I submit to the IRS have to be a scan or physical copy of the pdf that the IRS provides?


texts: Can a remote sales person OWE their company money at the end of their employment due to inadequate sales numbers under the FLSA?

texts:
My wife and I are running into a bit of an issue. She currently works in the state of Nebraska as a leasing agent for apartment complexes. The way her company works is that she is paid as commission only, which since she works remotely is counted as an exemption from the minimum wage standard according to the FLSA (as I understand it).

However, the way their system works is as follows.

Every month, you are paid a base pay which is equivalent to renting six units.
In other words, if you only rent four units that month, you are still paid for six.
If you rent any more than six units, anything over those six is considered commission pay.
So, if you rent seven units you are paid for your six as base pay, and then one more as commission.

Now, this is where it gets a little sketchy in my mind.

If you rent only four of the six that count towards base pay, the next month you now "owe" the company two units, on top of the six that your base pay covers.

Over the course of two years, my wife now "owes" the company 9 units, however she is in the process of quitting. They are telling her that since she "owes" them those units, they may require that she pays them money upon departure to compensate for them, since she was already paid for them through her base pay over the last two years.

To me, this makes no sense. They paid her that money in the presumption that those units would eventually be rented. Not that she would compensate them in the event that they were not. It seems wrong to me that they could force her to return money that was paid to her during her employment.

If they wanted to stop paying her all base pay until she actually left the company, I would understand that since it is their choice to give it to her. And for the remaining two weeks that she has left she would simply not see her base pay.

However, to ask her to pay them back for money they already paid her seems like something that isn't or shouldn't be allowed.

My question is: what is the legality behind what they are asking her; is she, by law, required to pay them back money they've already paid her?


texts:
For mock trial, the case is STATE OF WASHINGTON, Plaintiff, vs. SYDNEY CARDEN, Defendant.

Two of the witnesses are Sam Drucker (plaintiff witness), a manager for a local thrift store, and Kahuna Thornhill (defense witness), an assistant manager and employee.

The trouble I have is in understanding what "agent of the party" really means. Thornhill is trying to get a statement made by Drucker in. However, the opponent party is the state, and the state did not make the statement. The manager of the store made the statement. Because Drucker is a witness for the state, can he qualify as an agent for the state? Because then, we can go to the agent-employee relationship matter.

The line in question is

  But Drucker chewed me out about being late (five minutes, to be exact) and abruptly told me to start my opening shift rounds (41.38-42.2).

I just need to get into evidence that Thornhill was told to start his opening shift rounds. It doesn't seem like too much of a hearsay problem, but is 801d2D or some different rule an exception for this case?


texts: What is the legal principle for which a person is not guilty of another person's crimes

texts:
I'm asking a general question, not particular of the law of a specific country.
There is a named legal principle for which a person is not responsible for crimes, guilts or responsibilities of his ancestors, his city, nation, race, sex, or any group to which he belongs?
There are different legal principles for each of those categories? (example: family guilt vs nationality guilt)
There is a Latin phrase referring to that, or those principles?


texts: What options do I have for recovering unpaid utility bills from a roommate?

texts:
I rented out a room in my apartment to a roommate for four months. While rent was paid in full (as it was due at the beginning of the month) my former roommate owes their share of one month worth of bills and will likely end up owing two as it doesn't look like they intend to pay. I have not received the bills for July yet as there's a delay of a few weeks for one and a bit less than a month for the other.

I have a signed contract in which they agreed to pay, though it was not professionally drafted. I have received payments for two months of utilities in the past, one of which I have an electronic record of (though it was combined with their rent).

The problem (though it is strange to classify it as such) is that the debt owed is fairly small - a bit less than $100 currently. It will likely end up being a bit less than $200 if, as seems likely, both sets of bills are left unpaid. While not inconsequential, it's too small a sum to justify the expense and effort of hiring a lawyer and potentially even going to court.

What should I do in this situation?

I am prepared to accept a well reasoned answer for "nothing". It is still a relatively small loss to me in comparison to the gain of splitting the rent and a couple of the utility bills for those months.

Is it pragmatic for me to seek legal advice from a professional, despite the small debt? I don't want to waste anyone's time with a free consulation if I know that there's no realistic chance I will hire them and I don't want to hire someone for $100+ over such a small sum.

Is there some other way I can encourage my former roommate to pay without suing or harassing them?


texts: Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?

texts: My mother died in West Virginia.  I am her son and the executor of her will, in which the home was bequeathed to me. The estate has insufficient funds to pay medical and other debts. Can WV probate court force me to sell the home to pay the medical and other debts? Can liens be placed on the home prior to, or after probate closes (and the home, I presume, will become mine)?


texts: How long can a 10 year old be sentenced for killing a baby in USA?

texts:
Yesterday I was reading a news article about a 10 year old girl who killed her baby brother. The girl was charged as an adult with first-degree homicide (Source).
I don't know how a 10 year old can be charged as an adult when she is not one. But I want to know how long can she be sentenced for?


texts: How do non-profit corporations legally pay their CEOs if laws say you can't?

texts:
I read that CEOs of many charitable organizations can make a pretty penny; however, this directly contradicts everything that is known about charities, which state that legally you cannot use any of the money raised/created for anything but charitable purposes. If that's true, how do CEOs make money?

And if I stated a non-profit, obviously that would imply that I could pay myself too.

But how is this contradiction explained in the eyes of the law? It can't be both ways. You can't have the CEO pulling money from the NPO and lining his pockets legally, but then say all of it is for "charity by law" and that nobody is getting paid anything for what they're doing. What are the "real" laws here?


texts: A tenancy agreement gives the end date of the tenancy as being on the 30th of a month, where the month has 31 days. The rent is stated as being amount x per calendar month. Is it right, therefore, that for the final month, only (30/31)*the monthly rental amount is paid, or does the definition calendar month mean 30 days (as other calendar months only have 30 days in? Would be great if someone could clarify this for me!


texts: In Australia can you take Personal leave to look after a sick child or partner?

texts:
Under Australian employment law are you allowed to take personal leave to look after a sick child or partner?

Is personal leave the correct category or does it depend on employment terms?


texts: Who do I contact to get this transcript?

texts:
I want to read a particular trial transcript from Jones v. Desantis, which was a recent case concerning the re-enfranchisement of Florida felons.
PACER link
I have a PACER account and I think I've located the document I want. (ECF #402).  The docket report says:

Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.  …
Release of Transcript Restriction set for 8/6/2020.

When I clicked through last month to download the transcript, I got a page with the same message.
But it's now 8/18 and I still get the same page with the same message.
Why isn't the transcript available?  Can I do anything about this?  Did the clerk drop the ball, or am I just waiting for the released document to make its way into PACER?


texts: Tried for a crime committed in another country

texts:
I want to ask whether a country can try a citizen (or a PR) for a crime not committed under their jurisdiction, provided that such country has no extraterritorial jurisdiction over its own citizens or PRs and in the case whether the act is a crime either in the citizen's country, country it's been committed in or both. I'm assuming that the country's citizen has no explicit law on extraterritorial jurisdiction, otherwise all the premise of this question would just crumble.

I'm not talking about extradition, since I'm not mentioning it and since I'm assuming not occurring in that case, but rather I'm assuming if the citizen's country knows that such person committed a crime elsewhere and extradition doesn't occur, and provided also the condition above (no extraterritorial jurisdiction), is the country allowed to try such a person theoretically? (I know that the practice is very different, maybe international laws would be ignored an bypassed by the principle of sovereignity and internal affairs when it comes to a citizen and blah blah)

I'm asking under general principles of international law, and moreover I'm asking under circumstances that erase completely the mileage of cases that may result for every different couple of countries (so " it depends on the countries involved" is not an answer) AND the theoretical chance of getting condemned in the other country, which are no extraterritorial jurisdiction and no extradition occurring, but just reporting signalation and nothing more, not even the requesting country asking for a trial to the host country against the perpetrator.


texts: Is there an Implied Law in Texas when you make a purchase?

texts:
I purchased a fridge at a used appliance store in Texas. The receipt states "First 90 days: if the Synergy Appliance fails to function during first 90 days, Synergy appliance will repair or replace it with one of equal value, at no charge to you. This is a full warranty (all parts and labor included)"

Perfect. If we have a problem, they will fix it.  That is reasonable.  Where it becomes an issue is that we purchased the fridge, and the fridge broke after being at my house for about 7 days.

I called them and asked them to replace it with something else in the store. They said that's not how they do it. First they need to try to fix it. Well, alright. Let's try that. I had lost $200 in food, but they weren't budging.

They came and did a repair to the fridge. The fridge is still broken. I called this morning and asked them if they could just refund my money because implied warranty would suggest this item is merchandisable, and it's not. They said no and said they called last week to come install new part but my voicemail was full. I have no call from them. Maybe they dialed wrong number.

Am I just stuck with a broken fridge that Cost me $700 plus my food loss?  The rest of my food went bad so we can add another $100 for that. So I have $1000 piece of property that is non operational.

When we purchased the fridge they told us that they go through all of their appliances and make sure they are in good working order.

I never imagined that someone would sell me something broken and would not refund my money or at least exchange it for something that works. Sometimes good customer service trumps the no refund policy.

I think I am probably up the creek here,  it thought I would ask in case there is something I don't know. I'm not even sure if Texas has an implied warranty law.

Thanks.


texts: Is occupation distinct from "source of income"?

texts:
As per California Government Code, section 12955, it's illegal to discriminate housing accommodation based on the source of income.

However, what about the occupation itself?  For example, is it possible to have an apartment complex dedicated to those in the field of engineering?  Or where all occupants are engaged in (unrelated) technical startups?


texts:
How can a national legislation, like the recent Brazil's LGPD apply to companies which are not established in Brazil, but may offer services to Brazilian citizens via the Internet?

Imagine a website (hosted outside Brazil) never tracks the location of its registered users (which can easily be altered anyway using a VPN). How can Brazil even enforce the application of its national laws in such cases? What can it do if the company in question simply refuses to comply?


texts: How to Interpret the SEC's Updated Accredited Investor Definition

texts:
In December of 2020, the SEC amended their definition of “accredited investor” to include investors who (among other things) hold professional certifications. I am interested in the Licensed Investment Adviser Representative (Series 65) pathway and the SEC makes the following claim:

Whether a person holds one of the designations in good standing is specific to that designation, and persons seeking accredited investor status under this category should consult FINRA rules and any state rules applicable to them. For example, a person seeking accredited investor status by passing the Series 65 exam would also need to be licensed as an investment adviser representative in her state and would need to comply with all state-specific licensing requirements (e.g., paying dues, etc.).

There are a number of exceptions to the registration requirements in my state however and I am trying to determine if I would be considered to hold the designation in good standing if I:

Have an active Series 65 license
Do not register with my state due to qualifying for a registration exemption


texts: should employment contracts be signed by organization officers?

texts: I am looking at contract, which the employer is telling me they do not have to sign. My understanding is that all parties in a contract should sign to acknowledge the read and agree to the terms. This is specially concerning to me since the terms of the contract are in review and modification. I am almost certain that this document needs to be signed by all stakeholders. Would you agree? Are there employment contracts or other agreements which are only signed by the employee?


texts: How to enable a business to accept construction contracts?

texts:
Preface: I understand this is a fairly general question, not typical for stackexchange. Given that, answers that direct me to do my own research are more than welcome. If I am asking this question in the wrong place, please direct me to the correct forum or stackexachange where this question would be most appropriate.

How does a company, that is currently a sales only office, allow themselves to accept and bill for materials and installation where a contract is involved?

My best guess is as follows: The company can hire a licensed contractor (Referenced as John) to sign contracts regardless of whether or not John will actually be doing the installation. John can be part time working as few hours as 20 a year paid hourly, given that he is only signing contracts. The actual install could be done by a second tiered sub contractor.

As always comments and corrections are welcome.


texts: Can ASCII representations of copyrighted images be considered transformative work and fall under fair use?

texts:
I'm wondering about the possible use of images generated with ASCII characters based on famous but possibly copyrighted photographs or images.

Could this new aesthetics indicate transformativeness, and thus possibly fall under fair use, or would this mostly be a derivative work for which you need permission from the copyright owner?

There is only one other related post I could find on this issue (Can I used an ASCII generated version of a copyrighted image in my game?). The only answer point towards infringement. Would you agree?


texts: What is the minimum amount I can sue for breach of contract?

texts:
I am studying contract law for myself.

I am worried that even if I can legally write a contract and negotiate with somebody to sign it, It will be more expensive to sue for breach of contract than what I will get if I win the lawsuit.

If I understand correctly, I am legally allowed in Canada to write a contract that makes the signer promise that they acknowledge that they have borrowed $1, and they promise to give me $1 back before the next month. I know they are not intoxicated, and over 18 years old. Correct me if this isn't how it works.

If they sign and breach it, I can sue them for the $1, right?

do I understand the way this works correctly?
what this situation is called?
how I can tell when a contract is too small to be worth writing(in Canada)? is there such a thing?
Am I still allowed to sue them even if it costs more to sue them out of principle?


texts: Landlord seizing deposit and also billing us back

texts:
My 2 roommates and I (all students) were renting an apartment in a community in Dallas, Texas. Among many problems with the landlord, when we were leaving, we spent a full week fully cleaning the apartment. While we were expecting our security deposits back, they seized the deposit ($200), and not only that, surprisingly they also billed us $2000 back with fake reasons just to rob money from us, for things like a single seed in a corner, a small seed in the freezer, the apartment smells of food, etc. We didn't even cook any food for the last 2 months! They didn't do the pest control properly, and we suffered from cockroaches (and they are charging us for that!!). They also charged us for things that landlords must do anyways, like carpet washing. One thought is that they are charging us for maintenance costs (our AC was broken and they replaced it).

How can we dispute this? They are threatening to damage our credit report if we don't pay (a good trick to scare students). But is it that easy for someone to just report to the credit company and damage other people's score? They already took our deposit, and we don't believe we need to pay for fake expenses AT ALL and STRONGLY stand on our position. Shall we file a lawsuit?


texts: What Compels a Florida Condo HOA to repair termite damage?

texts:
What statute, if any compels a Florida HOA to address an issue, such as termites?  Is there a quantitatively measurable event that compels the HOA to address the issue?
Assume the issue affects to adjoining owners.  Pest control is the responsibility of the association: tenting would require the cooperation of the entire building and can not be unilateral decision of one owner.
UPDATE: the termite problem has reared its head in three different buildings


texts: What legal reasons prevent this software vendor from including encryption in their code?

texts:
I am working on a software project that requires the use of a setup program. The one my company is using is InnoSetup.
On their downloads page towards the bottom, under the section titled Encryption Module it says:

"For legal reasons, encryption code is not built into Inno Setup. You must download a separate "encryption module" if you wish to utilize Inno Setup's encryption capabilities..."

What legal reasons are they referring to?


texts: Roomate put a turd in my bed. Who is in the right?

texts:
TL;DR  Roommate pooped in my bed as punishment for me not flushing. Which one of us can demand for the other to move out? Has a law been broken?

I live in one of those old buildings that has bad water pressure and sometimes the toilet flush doesn't work. Like it brings the poop back up. And if it's used too often it takes 5 minutes to load etc.

Landlord claims it can't be fixed (probably just being cheap).

Anyway, I live with this guy who is really sensitive about the toilet being flushed. And he has complained to me multiple times. I don't always have time to stand there five minutes, so to be fair, a couple times I have been in a hurry and flushed it, hoping for the best.
But I regularily find his remains in the toilet too and I just flush it, like a normal person does.

So yesterday I come home and I find a turd on my bed. He claims its there for me to learn a lesson. I think it's sick. I don't know if he took a shit on my bed or fished it out of the bowl, either way that is F**ed up and I don't want to live with him anymore.

I told him he has to move out. He insists I have to move out.

Who is in the right here? I feel like this would be classed as some sort of niche crime. There must be some legal protection against people pooping in your bed.


texts: What is the difference between a private exhibition and public performance with regards to showing films?

texts:
Most films for home video in the US begin with an FBI warning that includes some variation of this message:

Licensed only for non commercial private exhibition in homes.
Any public performance other use or copying is strictly prohibited.
All rights under copyright reserved.

What is the difference between a "private exhibition" and a "public performance"?


texts: How is the EEOC "four-fifths rule" discrimination rule applied when rates are small?

texts:
The U.S. Equal Employment and Opportunity Commission (EEOC) in their UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES specifies:

  A selection rate for any race, sex, or ethnic group which is less than four-fifths (4/5) (or eighty percent) of the rate for the group with the highest rate will generally be regarded by the Federal enforcement agencies as evidence of adverse impact, while a greater than four-fifths rate will generally not be regarded by Federal enforcement agencies as evidence of adverse impact.

This rule seems to work when selection rates are reasonably high.  For example, if there are 70 male applications and 60 female applications, if 7 males are selected no fewer than 5 females should also be selected.

However, this principal seems to break down when selection rates are very low.  for example, if 1000 males are eligible for a promotion and 3 are selected while 1000 females are also eligible for a promotion and 2 are selected, these selection rates would run afoul of this important piece of regulation.

Are there any resources or case law for how to interpret/apply the EEOC four-fifths rule when selection rates are very small?


texts: Does this Job Posting Violate Any Laws Enforced By The EEOC? (U.S.)

texts: Below is a picture from a job posting. They specifically state "No felonies". Does this violate any laws enforced by the Equal Employment Opportunity Commission? Are felons part of a protected class?


texts: Has the TAA Lease Contract Par. 3 ever been challenged under Texas Property Code Sec. 91.001.e?

texts:
I'm having the same problem that Thomas asked about [1] and I imagine it comes up quite a bit in Texas.  I choose to move out at the end of my lease which automatically renews month-to-month and gave more than a full months notice, but now AFTER I've moved out the landlord is claiming I owe them almost $2000 for insufficient notice.  IANAL, but this feels predatory and I don't know how widespread this is!?

The standard TAA contract has very confusing wording in Par 3 [2], and anyone who's familiar with the Texas Property Code [3] or any other state law [4] could easily assume that a month-to-month agreement requires 30 days notice.

Unfortunately the property code seems to have a loophole in subsection e, and the clause buried in Par 36 of the lease contract should in my reading make for a solid case that this predatory behavior is totally legal!?

So I'm curious, do all tenants like me and Thomas who've been bullied in this matter eventually just roll over?  Or do landlords always settle out of court or write it off to collections rather than risk this going before a judge?

Is a 60 day move-out notice on month-to-month lease legal? (Texas)
https://www.taa.org/wp-content/uploads/2018/01/2017-Apartment-Lease-Contract-For-Website.pdf
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.91.htm
https://www.nolo.com/legal-encyclopedia/state-rules-on-notice-required-to-change-or-terminate-a-month-to-month-tenancy.html


texts: Is there recourse for damages due to merchant reselling item after taking payment but before delivery?

texts:
We purchased a door at Home Depot.  It was a display model, and therefore sold at a significantly reduced price.

We also purchased installation service, and therefore left the door at the store so the installers could take measurements.

During this time Home Depot sold the same door again to another party, who took possession of it.  They won't give us any further details, other than to say that the door is gone, and that they will refund our money.  Presumably they could have found a buyer willing to pay more than we did.

We don't want a refund; we want the door and service as originally purchased.  However, the store has told us that our only option to complete that transaction would be to purchase a new door for $2,000 more than we paid originally.

What recourse might we have in this scenario under contract or tort law?


texts:
Quite an odd thing has happened. A software author as released a repo under GPL 3.0 license
But inside that repo is code that the author doesn't own in any way and has no license. Now when people fork this repo their project will be under GPL 3.0 and using the code they do not know is stolen.
I'm wondering whos responsible for this code if people start using it? Can the people using it that think its under GPL in any way get in trouble for it or be made to remove it from their projects?


texts: When Is It Illegal To Show Emails That Were Sent To Me

texts:
I emailed messages to a particular business that were replied to with the business having consistently giving rude and just-don't-care-about-the-customer responses and even grossly incompetent responses.

So am I allowed to show these emails say in a youtube video meaning right when I open my email account and have the emails open?

Am I only allowed to quote what the emails said in order to avoid some copyright violation or other law?


texts: Can I sue a publication for using my picture in an unflattering light?

texts: I was walking down the street with my boyfriend a photographer asked if he could take a picture of us. We agreed and he snapped the photo and left. No consent forms were signed. Now the photo is being used for COVID 19 testing ads and on websites talking about rent forgiveness by major publications and websites. Do we have any grounds to sue for defamation? The photos imply we're sick and/or struggling financially, neither of which are flattering.


texts: Does a foreign company need to be HIPAA compliant to work with a covered entity?

texts: If I'm a HIPAA covered entity and I want to work with a foreign company (e.g. the foreign company would provide the covered entity with PHI from US and other people), does that foreign company also have to be HIPAA compliant?


texts: what's the legal basis for Turbosquid claiming to be exclusive channel for Ford 3D model distribution?

texts:
Here's the link to the Turbosquid Ford Agreement. Here's the TLDR version

Basically, the agreement claims that Turbosquid is the only place to sell Ford 3D models legally. (and that it is agreed with Ford)

Yet, there's a whole cgtrader.com section for Ford 3D models.

What's the basis for Turbosquid's claims? Can Ford use its copyright/trademark against distributing 3D models?


texts: Is WhatsApp legally obligated to remove my chat on every device, based on the GDPR?

texts:
Dear Law StackExchange community,

I'm attempting to get chat history removed with another party dating back a long time ago. I don't want the chats to remain existent on any device whatsoever, so I would like to have them removed based on the GDPR.

Is Facebook/WhatsApp legally obligated to remove the chat history on every client (device)? It's a 1 on 1 chat so not a group chat.

And yeah, I live in the EU.

Edit: I know backups or any sort of restoration can't be removed, but I am talking cloud synced data, viewing chat on the app, etc.

Thanks in advance.


texts: Are public defenders commonly paid "per defense"?

texts:
In Better Call Saul, Saul is upset that he's being paid "per defense" (1):

Is this a common practice? Don't criminal cases vary significantly in complexity? How is this addressed with respect to public defender compensation?
(1) as opposed to "per defendant", but that's besides the point.


texts: How do Florida's labor laws protect employees injured when asked to do something unreasonable?

texts:
A girl that works for a major retail chain, is left unable to lift her arm above her head after being asked to lift a 180lb box. When trying to perform this task her shoulder "popped".

She has requested to file an injury report with the company but was ask not to because:

  It's a lot of paperwork.

And

  the location is nearing a year without any injuries being doctor level.

Do Florida labor laws protect employees in such cases?
Can she seek any kind of legal action if the company refuses to pay her medical bills?


texts: Can I use the name of an out-of-business company for my project?

texts:
There was a business with a name I want to use for my business but it is out-of-business. Do I have the right to use a name of an out-of-business company? I am in Israel but my business is international.
Company status: Dissolved.
Note that the nature of the business is different for that dissolved company and for me.


texts: Does an absolute discharge result in a criminal record?

texts:
In England and Wales, a court can impose an absolute discharge if it concludes that 'it is inexpedient to inflict punishment'.  The power to do this is granted by s12(1) Powers of Criminal Courts (Sentencing) Act 2000.

Section 14(1) of the Act provides that—

  ... a conviction of an offence for which an order is made under section 12 above discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made ...

However, the Crown Prosecution Service's guide to sentencing says this:

  Absolute discharge - no further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent. The offender will receive a criminal record.

(emphasis mine in both extracts)

If a person receives an absolute discharge and also a criminal record, surely this is treating the discharge as a conviction, which appears to fly in the face of s14(1) above.

Does an absolute discharge result in a criminal record and, if so, how is this squared with s14(1) of the 2000 Act?


texts: What obligations do homeowners have about storm water discharge?

texts:
When there is a downpour, which happens at least a dozen times per year, my next-door neighbor's back yard fills up with water.  I mean that the entire back yard looks like a pond, and the grass is not visible.

The way the terrain is shaped, the whole thing drains out the front corner on my side, and flows into my (unfinished) basement, where a sump pump removes the water.

I'm interested to see if there's a more direct way to deliver the water to the storm water catchment system, without it all having to go through my basement first.

I have some remediation ideas that I would like to discuss with him, but first, I'd like to collect background information as to what rights and responsibilities he, and I, might have, with respect to each other, and local authorities.

I don't expect anyone reading this question to have an exact answer.  What I'm wondering is (a) where to look, and (b) what key words and phrases to look for.  Also (c) please provide an example from some specific municipality you might be familiar with.  Lastly, (d) if that example isn't immediately understandable, a plain language explanation of what it's saying.


texts: Can I do my testament as a video on a social network in France?

texts:
Imagine if I do my testament as a video and post it in private on a social network. Will this video be legally usable and will a notary be able to force the company to give him the video?

Is there any things I can do to make my video valid (be facing the camera, showing ID Card, add subtitles...)?


texts:
Please note:
Gillick Competence is not to be confused with the Fraser Guidelines which is only concerned with contraception.

Gillick Competence is:

  a term originating in England and is used in medical law to decide whether a child (under 16 years of age) is able to consent to his or her own medical treatment, without the need for parental permission or knowledge.

  The standard is based on the 1985 decision of the House of Lords in Gillick v West Norfolk and Wisbech Area Health Authority. (Source: Wikipedia)

I am wondering what limitations there are to the ability for a child to override a parent/guardian's decision concerning their health and wellbeing.

Wikipedia at the same source, points out that (emphasis mine)

  except in situations that are regulated otherwise by law, the legal right to make a decision on any particular matter concerning the child shifts from the parent to the child when the child reaches sufficient maturity to be capable of making up his or her own mind on the matter requiring decision.

What situations are there that are "regulated otherwise by law"?


texts: Are websites obligated to explain the Terms of Service?

texts:
Suppose one submitted a clarification request regarding the ToS, and the website declined to comment for the time being.
Is that legal?
I understand one, if unsure, can simply not use said site. So I'm only interested in requests for clarification.

I'm asking out of curiosity after said request was met with said reply. I'm neither taking, nor considering, legal action.


texts: References to real world services in work of fiction

texts:
Say a video game represented each in-game character with an email address. Those addresses would contain names of real-world services (Gmail, Yahoo mail, etc). I wouldn't expect that, by itself, to be a copyright issue (feel free to correct me if I'm wrong), but what seems more problematic is that not all characters would be portrayed in a positive light. There could be an argument that certain characters' negative traits reflect the author's opinion of the services used in those character's email addresses.
Assuming that there was no explicit commentary on each service, would the association with uncouth characters be a potential copyright issue?
As a further hypothetical, how would the circumstances change if there was unambiguously negative commentary on the service in question? Say, a character with a Gmail account says something disparaging about Google.


texts: Section, sentence, nos. (German immigration law)

texts:
Section 18b of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory contains the next text:

  A foreigner who has successfully completed his studies at a state or state-recognised university or a comparable educational institution in the federal territory shall be granted a permanent settlement permit, if
  (1..3 omitted) and
  4.  the requirements of Section 9 (2), sentence 1, nos. 2 and 4 to 9 are met; Section 9 (2), sentences 2 to 6 shall apply accordingly.

Section 9(2) consist of: (it's not necessary to read them all)

  (2) A foreigner shall be granted a permanent settlement permit if

  he has held a temporary residence permit for five years,
  his subsistence is secure,
  he has paid compulsory or voluntary contributions into the statutory pension scheme for at least 60 months or furnishes evidence
  of an entitlement to comparable benefits from an insurance or pension
  scheme or from an insurance company; time off for the purposes of
  child care or nursing at home shall be duly taken into account,
  granting such a temporary residence permit is not precluded by reasons of public safety or order, according due consideration to the
  severity or the nature of the breach of public safety or order or the
  danger emanating from the foreigner, with due regard to the duration
  of the foreigner’s stay to date and the existence of ties in the
  federal territory,
  he is permitted to be in employment, if he is in employment,
  he possesses the other permits required for the purpose of the permanent pursuit of his economic activity,
  he has sufficient command of the German language,
  he possesses a basic knowledge of the legal and social system and the way of life in the federal territory and
  he possesses sufficient living space for himself and the members of his family forming part of his household.

What does 18b #4 mean exactly? Which paragraphs one should satisfy? All from 1 to 9? Why then phrases from 18b are so complicated?


texts: Is it legal for me to use a PO Box as the registered address for a Limited company?

texts:
I've been wondering what the legality of using a PO box as a registered address for a limited company is.

I've done some research and the Royal Mail site seems to imply that it is legal for me to use a PO box in that matter. However, various other resources make claims that you cannot do it. For example, Small Firms Services states the following:

  The general rule is that you cannot use a PO Box as a company’s registered office. It is important that a company’s official address is real and can be found by a member of the general public.

It later further states that it can be done, however the conditions to this are that the PO box must have a full address including: house number and road name.

  The only time a PO Box address can be used is when a full address including house number and road name is also supplied. For example PO Box 123, 5 The High Street, London. This implies that within a physical address there is a physical Post Office Box service provider that can accept mail on behalf of the company.

Despite this post, I'm still unsure on the legality behind this, they do not actually state what law it breaks and I would like a more concrete answer on this matter.


texts: Working in high school while concurrently enrolled

texts:
I'm a homeschooled high-school sophomore, concurrently enrolled at a local community college taking advanced math classes. My Calculus instructor asked me to take a job as a supplemental instruction next year for his Calc 1 class, not knowing that I was in high-school. When I told him that I was still only 15 (I would be 16 by the time the job actually started), he said that he would try to figure out a way to make it work still, but after talking to the top person in the hiring chain, was told that I could not take the job before graduating high-school. When I asked if it was a school regulation, he said that it was California state law that prohibited me from taking the job.

This seems strange to me, because according to all the research that I've done, if I can get a working permit, I should be allowed to work even during school hours up to 4 hours a day once I am 16. It doesn't make sense that I would have to have a high-school diploma before I can get a job.

So my question is, is there some specific restriction that applies because I am concurrently enrolled, or is their simply some misunderstanding either on my part or on the part of the school? If I get a chance to talk to someone on the hiring chain, what should I tell them, I don't want to act like I know more about employment law than them, but it seems like what they told my instructor does not fit with everything I've read.


texts: Can a business unilaterally change a contract?

texts:
Suppose a customer enters into a lease- or subscription-type agreement with a business, where the business either provides a physical thing that the customer takes and uses, or the business does a thing for the customer such as mows the lawn every other week, or provides the customer with remote access to something such as internet access, web service hosting, or some online content-access service: the point is that the customer need never see or interact with any person from the business, after the agreement is reached. What passes for a written agreement simply states that the business provides that access or use of the thing to the customer for 1 year, and the customer pays a specified fee which is due up front (and was paid). There is, in particular, no clause allowing either party to terminate the contract with or without a refund (pro-rated or otherwise), no clause allows either party to unilaterally change the terms of the agreement, and no clause requires the parties to renegotiate if one side wants something.

However, there is also nothing that prohibits one party from attempting to modify the terms of the agreement. The business could propose a new term in the contract, and the customer might accept that term. I am interested in the case where the business sets forth a new term, and the customer is not interested. The customer might explicitly reject the new term; if he does not explicitly reject the term, and also does not explicitly accept it, does silence have the same effect as explicit rejection? To be concrete about the new term, assume that it is a clause about the agreement and not the service, so for example a mandatory arbitration clause, a waiver of liability, or a non-disparagement clause.

In this scenario, the customer has a continuing right to that service, and by accessing the web site, using the equipment or allowing the mowers to mow the lawn as usual, it is reasonable to assume that they are simply exercising their rights under the old contract, and have not implicitly accepted the new terms. On the other hand, it might not be inconceivable that the courts have discovered an obligation to explicitly respond, whereby failing to reject is as good as accepting. Is it a clearly settled matter of law how silence along with continued use of the paid-for service is treated? (I’m looking for a leading case citation: US law if there's a difference between US and the rest of the common law world).

There is a general Prescott v. Jones, 41 A. 352 (N.H. 1898), exemplified in insurance contracts, that

  it is well settled that "a party cannot, by the wording of his offer,
  turn the absence of communication of acceptance into an acceptance,
  and compel the recipient of his offer to refuse it at the peril of
  being held to have accepted it"

There is a realm of "exceptions" with National Union Fire Insurance v. Ehrlich, where an insurance contract had ended and the company sent a renewal offer along with a bill (which was 2 months later rejected). The court ruled in favor of the company, citing Williston On Contracts:

  Generally speaking an offeree has a right to make no reply to offers.
  But the relations between the parties may have been such as to have
  justified the offeror in expecting a reply. When property is sent to
  another though not ordered but under such circumstances that the
  latter knows that payment is expected, the silent acceptance of the
  property is in effect an assent to the offer of sale implied by the
  sending of the property.

See also Austin v. Burge, 137 S.W. 618 for renewal of a newspaper subscription. These kinds of cases fall outside of the scope of this question, for two reasons. First, they involve a customer using the service when they have no existing contractual right to do so, second, automatic renewals are commonplace and to be expected, whereas one party unilaterally changing a contract is not at all commonplace. In the situation covered by the question, the customer is still within the period of the existing contract.


texts:
If I needed to move an elephant from Warrington to Peterborough, would I be able to ride it there?

I know it is illegal to ride an elephant on the motorway, so it would be using A and B roads only.  Is riding an elephant the same as riding a horse in the eyes of the law?


texts: How is judge selected for a case in the US?

texts: In U.S. federal district courts, how is the judge chosen to handle a particular case? Are judges randomly assigned to cases? Or are they chosen based on their expertise in certain areas of law?


texts: What international laws were broken by Belarus diverting a flight to arrest someone?

texts:
Belarus has been in the news for diverting a civilian airliner flying in their airspace (but not from or to Belarus) to arrest a prominent opposition activist.
What laws were broken?
My understanding from information released so far is that KGB agents on board the plane (allegedly) phoned through a fake bomb threat requiring the plane to be diverted to Minsk.
Making a bomb threat is crime in most places (including fake bomb threats). Once the treat was made, then diverting to a nearby airport seems to be standard procedure.
So what other laws were broken? Does diverting an aircraft count as hijacking if there were no actual hijackers on board? (or maybe the KGB agents who made the threat count as hijackers even if they don't announce themselves to the pilots) Or does diverting a flight count as 'air piracy'? (if there is such a thing?)
Also, would it have made any difference if the aircraft had been diverted to Minsk for an innocent reason (fuel shortage for example) and the identity of the alleged criminal only noticed whilst the aircraft was refuelled?


texts: How to recreate functionality without violating software code copyright laws?

texts:
What would happen if I need to recreate code for a software function I did previously?

The catch is that even when I'm writing it from scratch I cannot make it very different from how it was where I originally did it because I know the design very well and so the new code would be very similar to original code.

Although there will be slight differences, the code would likely end up looking similar to original because its just the most efficient way to write that feature.

Otherwise I'd have to purposefully induce imperfections and scramble the names to illegibility just to avoid any possible copyright infringements.


texts:
I was reading IRS Stops Attempt To Bypass Trump Tax Law, MD Lawsuit Continues. The article states:

  ... The IRS said Tuesday that states cannot bypass a $10,000 cap on
  state and local tax (SALT) deductions imposed by the Republican tax
  law of 2017. That hurts taxpayers in high property tax states like
  Maryland.

  The IRS effectively nullified legislation in New Jersey and several
  other states that allowed municipalities to establish charitable funds
  where taxpayers can donate in return for a property tax credit. The
  legislation was intended to protect taxpayers from a potential
  increase in the federal income tax as a result of the Trump
  Administration's cap on the state and local tax deduction (SALT).

The article is brief, and seems to lack the exact details how how the federal government is achieving its goals. Or maybe it is there and I don't see it (fiat?).

In any case, I thought states are allowed to determine their own criteria for tax credits. It seems like the federal government is imposing tax law at the state level.

Does the federal government have authority to impose tax laws at the state level?


texts: What happens when there's not enough evidence in a trial?

texts:
I'm writing a story and need to know some things for factual accuracy.

There's a man in the story who is accused of a DUI hit-and-run. He's discovered (sleeping) in the vehicle after the hit and run. However, it's actually another person who committed the hit and run, then moved the (still sleeping) guy from the passenger side to the driver's side. There is very little evidence (witnesses, CCTV, etc.) of the accident, and basically there's only circumstantial evidence linking him to the crime; he was in the guilty vehicle immediately after the accident.

What happens when there's not enough evidence in a trial (When it's pretty obvious that the guy committed the crime, but he doesn't remember anything and therefore does not admit to the crime)?

Do they do further research?

When is the further research done?

Is the trial paused while the research goes on?

Does the trial end as "not enough evidence" then a separate trial starts after research/collection of evidence is done?

Similarly (but separately), what happens if, in the middle of a trial, (like between the sessions of a single trial) further evidence is found that suggests a different story?

I'll be specific: In the story, the trial goes on, then in the middle, evidence is found that essentially proves the existence
of a second person in the car at the time of the accident (while it was originally believed that there was only one).

What happens when something like that happens? Is time alotted for the research and discovery of the identity of that "second person" (who can offer further evidence, or in this case, is the actual criminal)?


texts: If I'm making website for friend for free, should I have him sign something saying he will only provide me with material he owns to put on website?

texts:
I would like to help my friend build a website for free. The only concern is have is, if he provides me with copyrighted material that I add to the website, would I be liable? What kind of contract could I have him agree to, for example is this where indemnification comes in?

Since no money is being exchanged, most of the standard templates wouldn't work.

More of a meta question, I know contracts don't require a signature. Would a simple text message saying something like "only give me pictures/photos/music that you yourself made, ok?" and getting "ok" for a reply be enough?


texts: Has there been any case on which all justices of the US Supreme Court disagreed?

texts:
For cases decided by the US Supreme Court, one justice is tasked with writing the majority opinion, and if there is not unanimous support for the decision, then another justice is tasked with writing the dissenting opinion.  Concurring opinions may be independently provided by justices who agree with the majority decision but not the reasoning presented in the majority opinion.  I assume that the same is permitted for justices who agree with the dissenting decision but not the reasoning in the dissenting opinion.
Has there ever been a case that proved so divisive that every justice on the Supreme Court independently wrote and submitted a completely separate opinion?  If so, how often has this happened?  If this has never happened, then what case had the greatest number of independently submitted opinions?


texts: Sell food products on Amazon in Germany as a side job

texts:
I'm from Iran and I live in Germany. I work here as a software developer.
I have plans to import Saffron (Packed and ready for sale) from Iran with help of a 3rd party company and sell them on Amazon here in Germany. I know because of the US sanction on Iran it's difficult to import this product, but let's say the 3rd party company can do it legally and I can receive it here.
My question is if I can start selling it on Amazon as a side job.

Do I need to register a company or register my work somewhere for that, or it's just as simple as signing up as a seller on Amazon and start selling? (Obviously, I'll pay taxes for it)
And does this product need to go through some food health verification process here in Germany before I start selling them?

I'm looking for some general advice on this topic. Any helps would be appreciated.
I don't want to spend a lot of money at the beginning to get professional advice from a lawyer and then realize I'm not allowed to do this job!


texts: Corporate law — criminal conduct and loss of life

texts:
In light of the recent multi-state lawsuit brought forth against twelve generic drug manufacturers, I was wondering what, if any, criminal liability the respective executives of those companies may face.

Does having a limited liability corporation protect members from all forms of criminal misconduct or are there exceptions? There's no doubt people died as a result of their criminal conspiracy to fix prices, and I would be shocked and saddened to learn it will just end in another multi-billion dollar settlement and fine. I can't picture this type of egregious corporate conduct ending until our laws concerning corporate liability are restructured.


texts: Can someone who discovered a zero-day exploit in a program sell the information, and does the applicable jurisdiction depend on his location, the buyer location, the location of the developed of the product that the exploit targets, or something else?


texts: Copyright issues with grammar literature quotations on ELL StackExchange

texts:
I quoted extensively from Quirk et al's book on English grammar in one of my recent answers on ELL StackExchange, and a thought came to me: what is the maximum amount beyond which a quotation might infringe upon the copyright?

I don't want for my answers to be lost because someday some copyright holder would deem them infringing.

And what if, say, Quirk et al.'s book will be quoted in minute excerpts across thousands of answers, but in aggregate these will constitute a sizable share of the book? Would that be an infringement?

I first asked this question on ELL SE meta, but was advised to migrate it here.

P.S. To clarify: Quirk et al.'s "A Comprehensive Grammar of the English Language" is part of the Holy Scripture for English grammarians. (0: Because of that, it's very likely to be quoted in answers on English Language Learners Stack Exchange.


texts: Is this copyright infringement? Is it fair use? What if I don't make any money off it?

texts:
If someone were hypothetically working on a project that required them to incorporate copies of a copyrighted work (music, movies, books, etc.), how would they know if it would be considered fair use?

Would it matter if the person was not going to make any money off the project?


texts: Is it legal for restaurants to use fish in their vegetarian meals?

texts:
For many years, I've had to avoid Chinese restaurants and take-aways purely because they sell "vegetarian" choices which contain fish sauce, prawns, squid etc. I appreciate that there is a cultural difference such as Buddists eating oysters, but from the standpoint of an English vegetarian, I feel that it's not right that they can mislead in this way.

So my question is:

Are there any laws or regulations which regulate "vegetarian" menu items?
What constitutes a vegetarian menu item?
What are the consequences of advertising or claiming a dish as vegetarian when in fact it contains a non-vegetarian ingredient?

Note: the original question did not specify a jurisdiction. The England and Wales tag has been added based on the question details. But answers on any jurisdiction are welcome until the original author clarifies his jurisdiction.


texts: How does Aaron Swartz's mass download from JSTOR constitute hacking?

texts:
I might be a bit late on this but I just got to know the story of Aaron Swartz, a phenomenal guy to say the least.
The internet is filled with news posts, blogs, and even documentaries stating that "he hacked JSTOR" and downloaded gigabytes of academic journal content from the service. Can someone explain to me how what he did constitutes hacking? What I understood is that he mass downloaded academic journals to which he had authorized access to through his university account.

The only thing I saw that was off the books is that he kept changing his IP address when it was blocked. If this is hacking (the masking of one's IP address) then doesn't that make using any VPN hacking? Constantly changing an IP address is something a pesky bot would do and doesn't seem to me a crime warranting 35 years of jail time even under the CFAA.

I am fully aware of the controversy surrounding his case but that's not what this post is about. I just want to know if what he did constitutes hacking whether under the American CFAA or the definition of the term in computer science or both.


texts: Why is 'did you read the review of it' inadmissible, but 'Has anyone else suggested that it advocates revolution' admissible?

texts:
Source: p 68, The Art of the Advocate (1993) by Richard Du Cann QC.

    In the Laski case, after a prolonged cross-examination
  Hastings upon some carefully selected passages from Laski's
  writings, Sir Valentine Holmes tried to put this question in re-examination:

  [1.] HOLMES: Inasmuch as it has been suggested that this book to the
  ordinary reader would look like a book advocating revolution, did you
  read the review of it which appeared in The Times Literary Supplement?
  [2.] JUDGE: Really, Sir Valentine.
  HASTINGS: I do not want to interpose.
  JUDGE: But I do because it is not regular, and it is not admissible.
  HOLMES: The book was put in. If Your Lordship says that, I certainly
  will not.
  JUDGE: The book was put in, but we cannot have the opinion of
  independent reviewers in this case.
  HOLMES: The difficulty is that the jury cannot read the whole book.
  That is the difficulty in a case of this kind.
  JUDGE: If you wish to submit that my ruling is wrong I will hear you.
  HOLMES: No, My Lord.

  The complaint was later to be made that Hastings's cross-examination of Laski on small and carefully chosen extracts,
  chosen for that purpose from Laski's voluminous published works,
  distorted the theme he was trying to present. This was the
  moment for the point to be made, but this was not the way to do
  it, particularly if Lord Goddard's undoubtedly correct ruling was
  going to stand without any attempt to justify the question Holmes
  sought to put. [3.] The difficulty Holmes complained of does not arise
  if the question is framed like this: 'The book was published in
  1930. Sir Patrick Hastings has suggested it advocates violent
  revolution. Has anyone else suggested that in the last sixteen
  years?'

2 implies something wrong with 1, but I do not understand: Why is 1 the wrong form in which to pose the question, but 3 is correct?


texts:
I entered into a program which comprised of going to a specific trade school with an explicit promise of a one year paid apprenticeship upon successful completion.  At the end of the program, I was told that the apprenticeship was not guaranteed and that, although they were sorry for misrepresenting themselves, they would work to secure employment for the graduates of the program.  I recently received an email stating that they would no longer be providing any assistance.

The terms of the promise were:

  "Start a paid apprenticeship: You'll start working right after you graduate from the bootcamp, in a paid apprenticeship with one of our hiring partners...which includes companies like Amazon, iFixit and PG&E!"

Do I have a reasonable claim for lost wages based on the promise of employment?


texts: Can someone be arrested for having an extremely offensive google play games id?

texts:
Suppose the person have put an offensive name like jihadijohn in this form : j1had1john1s1s will he/she get in trouble with police? If yes then how will it be report it?
answer according to india law


texts: What are my legal rights as a landlord in Ontario? My tenants want to end fixed term lease early

texts:
I am a landlord in the province of Ontario, Canada. I currently have a fixed term lease of one year with my current tenants. The lease ends May 31, 2016.They sent me an email yesterday stating they are giving me formal 60 day notice for Feb 1, 2016. It's in my understanding they are obligated to full fill our lease should I decided not to release them from it? I would however, be open to helping them pursue an assignment. What are my rights as a landlord? Are they legally bound by the in force lease? How should I notify them I will not be terminating the lease?  So many questions.. Thanks in  advance for all your help!

P


texts: Dashcam video contradicts officer's testimony in municipal traffic court, what are the consequences? How do you charge for perjury?

texts:
During a traffic court trial, a police officer's testimony contradicts dashcam video and leads to a guilty verdict.

Can the officer be charged with perjury? Who charges the officer with perjury? How do you start the process?

The dashcam video was reviewed by defense after the trial.

Background:

Defense sent multiple discovery requests through website.
The prosecutor did not receive discovery requests.
The court did not adjourn when notified of failed discovery request during trial.
The officer's testimony contradicted defense's recollection of events.
The prosecutor did not present dashcam video during trial.
The prosecutor likely did not review dashcam video.
The officer testified that the officer did not review the dashcam video.


texts:
Imagine a person writes a book about a prominent politician (e.g. Donald Trump or Obama) or corporate celebrity (e.g. Bill Gates or Jeff Bezos). The book is essentially a political exposé, focusing on the subjects' alleged faults.

For example, the book might criticize Obama for the invasion of Libya or Bill Gates for the innumerable Windows bugs.

However, the book also includes derogatory political cartoons, along with some speculation and hyperbole. For example,

"I'll bet pResident X was ready to nuke China, with all the profits going to his CEO friend."

The above caption accompanies a picture of a president (caricatured to make him look grossly evil) and a CEO (caricatured to make him look like the product of genetic engineering, with six fingers, for example).

This is kind of a sloppy question, but I'm just trying to get some understanding of "malice," as used in the following statement...

  In the event you do cross some sort of line in your documentary
  pursuits, you may have increased legal protections is someone is a
  'public figure' in a legal sense, in which case the subject would need
  to prove actual malice to obtain a defamation judgment. (Are there guidelines for identifying people as public figures?)

I'm confused, because people write countless diatribes against politicians and corporate tycoons they don't like. They could probably be generally classified as malicious in nature, even if they're truthful. So how does one cross the line between insulting a public figure you don't like and writing something that constitutes "malice"?

P.S. This reference makes it clear that malice, in a legal sense, involves more than ill will; it involves a wrongful act. https://thelawdictionary.org/malice/ So, libel is a wrongful act, which would presumably make a written work malicious in nature. But that's kind of a circular argument. Is that all there is to it? Or can a person be sued for malice, even if a written work doesn't include anything that can be clearly defined as libel?


texts: Resources: decriminalization timeline list

texts:
I'm curious as to what decriminalization laws have been passed through out the years and at what times around the world.

Are there any sort of lists or resources that deal with decriminalization laws in this way?

For instance:

2015 Korea decriminalized the crime of adultery
2015 America (lots of states) decriminalized marijuana


texts: Being the unintended recipient of an email; obliged to inform sender?

texts:
My real name seems to be very common in the US. I am UK based.
I quite often get private emails not intended for me to my personal gmail account. They're not spam or phishing attempts. These have included a draft divorce settlement, a police report, sea cadet timetables, bill invoices, a job offer, to name but a few. They're not all for the same person either.
This evening I received some US person's "Trustee's Final Report filed by the Chapter 13 Trustee" from their bankruptcy lawyer. I have not read it. The law firm checks out on Google.
The legal blurb at the bottom of the email says I must notify the sender if I received it in error. Must I? Am I risking a headache if I follow the command; or should I delete the email and pretend it never happened? I'm in the UK which still falls under GDPR rules; do I have obligations under that?


texts: Was the 2014 Ukrainian revolution legal?

texts: In Russian state propaganda (especially right after the event), the so-called Revolution of Dignity was often described as an illegal coup. There were several federal elections in Ukraine after that the results of which are universally accepted, so I'm not questioning the legality of the current government. Instead, I wonder: how are the events that took place nearly six years ago assessed from the standpoint of domestic and international law?


texts: Is there a name for this type of warranty?

texts:
Imagine a software company produces a website for a client and has the following warranty:
Month 1: Any major or minor code bugs will be fixed free of charge, including any text or graphical errors
Month 2: Only major and minor code bugs will be fixed free of charge
Month 3: Only major code bugs will be fixed free of charge
The key is that each month the warranty covers less things. Low importance things get dropped as time progresses.
Is this a normal thing to do and is there an official word for it?


texts: Contradictory laws and bench nullification?

texts:
If during a trial two laws are found to be contradictory in whole or in part, what is the proper conduct of the court? Some of the possibilities would be:

Strike down both laws
Strike down one of the laws
Ignore one of the laws and only apply the other
Dismiss the case as untriable
Attempt to reconcile the laws by ignoring the contradictory elements

It would seem that option #3 is the one mostly commonly chosen (got to put the guy in jail somehow, right?) but least legally defensible. I would guess that such a decision could be appealed.


texts: United States Law: Who would the law hold most accountable in this scenario?

texts:
Let's say in a scenario, Organization X wants something illegal done. Organization X employs Person A in their organization to do the illegal task. Person A cannot do this task by themselves, so they hire Person B to do it.
Person B gets caught doing the illegal task and tells the police that all they know is that Person A paid them to do it. Person A says all they know is that Organization X told them to do it.
Under the U.S. legal system, who gets into the most trouble?


texts:
A rather disreputable source, Buzzfeed News, says

  The DEA is limited by statute to enforcing drug-related federal
  crimes. But on Sunday, Timothy Shea, a former US attorney and close
  confidant of Barr's who was named acting administrator of the DEA last
  month, received approval from Associate Deputy Attorney General
  Bradley Weinsheimer to go beyond the agency’s mandate “to perform
  other law enforcement duties” that Barr may “deem appropriate.”

So far, the only other mentions of this I can find cite Buzzfeed News as their source.

But my question(s) are: If this statute exists, where is it? and is it legal for such an approval to be given by anyone other than Congress?  I was unable to find such a limitation in in Title 21.


texts: Can Bob be convicted by the US for viewing fictional child pornography hosted by a US site while viewing it in a non-US country?

texts:
The wording on the relevant legal literature confuses me. According to 18 US Code 2252:

Any person who..

(2) knowingly receives, or distributes, any visual depiction using any means or facility of interstate or foreign commerce or that has been mailed, or has been shipped or transported in or affecting interstate or foreign commerce, or which contains materials which have been mailed or so shipped or transported, by any means including by computer, or knowingly reproduces any visual depiction for distribution using any means or facility of interstate or foreign commerce or in or affecting interstate or foreign commerce or through the mails, if—
(A) the producing of such visual depiction involves the use of a minor engaging in sexually explicit conduct; and
(B) such visual depiction is of such conduct;

Yet, according to this..

          There are also some child pornography laws that apply to conduct overseas. Sections 2251(c) and 2260(a) of Title 18, United States Code both make it a crime for anyone to produce child pornography in foreign countries if they import the child abuse images into the United States, or if they intend to do so.  The penalty for a first time offender under these statutes is at least 15 years, up to a maximum of 30 years in prison.

I can’t seem to figure out then if Bob has committed a crime in the US. He likely isn’t culpable from the quote above due to not producing anything (and what he viewed was an obscene visual depiction, not real child porn), but by viewing the image that has its website hosted in the US even though he viewed it in a foreign country, has he participated in the “foreign commerce” incriminating under 18 US Code 2252?
Update
I have just been made aware about 18 US Code 1466A. Would Bob be found guilty under this statute? To my knowledge, the answer will be no as 18 USC § 1466 only applies extraterritorially to the special maritime and territorial jurisdiction, so not a foreign country, but I’d like to hear some takes on this.


texts: Is it illegal to mention the name of an illegal website in a message/email in the UK?

texts:
Just out of curiosity: is it illegal to mention the name of an illegal website via a private messaging service on a website?

Assuming just the name of the website is mentioned and no links or any content is shared.

For example, lets say the only thing shared is the sentence

  "Website xyz is illegal and contains illegal content".

Would writing this sentence with the actual name of the website in place of "xyz" be illegal?


texts: Can I make a contract on behalf of a company before it's incorporated with myself as the liable party?

texts:
I'm starting a company and I have investors willing to lend my business partner and I some early capital, but they want a debt convertible instrument in the form of a convertible promissory note. I wanted to know if its possible to sign on behalf of the company I'm incorporating before its officially founded.

And if not, can I sign the contract as myself, then pass the liability to the company when its formed?


texts:
When screening potential tenants, what is the proper way to turn them down, and the legal implications if the tenant asks for more details?

I would like my response to say as little as possible and also account for the case where I have not selected another tenant yet and the listing is still active. The best I have come up with so far is:

  Thank you for your interest, but I have decided to select another
  applicant.

However, I'm not sure what to say if they ask for more reasons. I guess this is akin to what reason you would provide when someone presses you as to why you don't want to go on a second date. The less you say, the better?


texts: Are "Terms of Service" legally binding that are presented contrary to "Best Practices"?

texts:
Question

If a software company presents Terms of Service to an End User in a manner they expect users to neither read, nor understand - is it still legally binding?

A hypothetical

Company A knows that their implementation does not conform to "Best Practices" - that their users dismiss pop-ups and walls-of-text as fast as they possibly can. Their users are typically not even aware that they are being presented Terms of Service and often can't recall any single term of that service.
Company A knows of better Design Pattern Standards, to present these terms clearly and concisely, but decides not to present the Terms of Service that way.
Subsequently, Company A relies on those Terms of Service (which they never expected the user to read, or understand) to dismiss a user's complaint or to take action against a user.


texts: Why is this contract worded like a client is talking to himself?

texts:
I'm looking at a sample contract for a graphic designer who is planning on doing freelance work. I don't understand why it says that the Client should obtain all copyright permissions for materials included in the designs at their own request, like said client is asking himself to get copyright permission? It reads,

Client shall obtain all necessary copyright permissions and privacy releases for materials included in the designs at Client’s request. Client shall indemnify Contractor against all claims and expenses, including reasonable attorney fees, due to Client’s failure to obtain such permissions or releases.

Shouldn't it read,

Client shall obtain all necessary copyright permissions and privacy releases for materials included in the designs on their own"?


texts: Stop paying rent if landlord does not provide lease agreement and basic services

texts:
I have been staying in a house for 9 months already, that I share with 4 other roommates. I have asked the landlord for a lease agreement on repeated occasions, but to this day I never received anything, so I do not have anything official proving that I gave him the 2-months worth deposit, and I do not feel protected at all if he suddenly decides to kick me out.

Question 1: what would be the best course of action to force the landlord to give me the requested lease agreement?

Now it gets a bit more complicated, and I hope it stays in the scope of this forum.

One of the other roommates has been kicked out of the house. Some legal action is ongoing now, as he refuses to leave the house. As he is the one paying most of the bills, the landlord asked all the other tenants not to give any more money to the other roommate, in order to pressure him financially and force him out. As a result he stopped paying for the bills and we had the power shut down 20 days ago.

When I asked the landlord about what he was planning to do regarding that, his answer was that it was not his business. To have him take action, I do not see any way of pressure except threatening not to pay my rent.

Edit: I might have not been really clear: the landlord asked us all to stop paying the other guy for the power bill, and that he was going to take care of it. As a result we are now in our 20th day without power, and the landlord just does not care. It may not change anything regarding law, but I definitely have a pretty shaddy landlord.

Question 2: if I plan on not paying my rent until the power is re-established, what is likely to happen, keeping in mind that I do not have any lease agreement. Am I protected in any way, or can the landlord just come in my room and throw everything away, or worse just point me with a gun and force me to move?

Question 3: how does the notion of "not paying rent" apply if I do not have a lease agreement?