texts: Does "Roommate Law" apply to Mitchell Lama apartments in NYC

texts:
New York State has a law that says that landlords cannot prevent tenants from having a roommate.

http://codes.findlaw.com/ny/real-property-law/rpp-sect-235-f.html

Does this apply to the Mitchell Lama housing program?

I did find the following reference which stated this:

  Do I have the right to have a roommate?
  If you live in a privately owned building, and
  If you are the only person who signed your lease (for rent control: if you are the only tenant of record),
  Then you have the right to share your apartment with one other adult not related to you, and that person’s dependent children.
  You do not have a right to a roommate if:
  • you live in public housing or most subsidized housing, or
  • if two or more people have signed the lease, and your lease does not expressly give you permission to live with an additional person.
  There are additional considerations if you receive a rent subsidy (such as Section 8 or FEPS) or a rent exemption (such as SCRIE or DRIE), or if your rent is based on your income. Most programs require that you report what the roommate pays in rent as part of your income. Failure to accurately report this income can be a serious violation of the program's rules and could lead to termination of the program as well as legal actions. Also, bringing in a roommate may make your income too high to remain eligible for the program. Check your program’s guidelines before taking in household members.

src: http://metcouncilonhousing.org/help_and_answers/your_right_to_have_a_roommate

However, it doesn't say anything about Mitchell Lama, and it goes on to say things like:

  If you are a rent-stabilized tenant, you are prohibited from charging a roommate more than a proportionate share of the rent.

Which suggests that rent-stabilized apartments do allow roommates (I'm guessing then that rent-stabilized apartments are not 'subsidized housing')


texts: Why are there quirky ASCII dividers in deposition transcripts?

texts:
I was reviewing a deposition and noticed the following characters used as cute little dividers in the transcript:

---oOo---

To see an example in action, look here, both on the directly linked page and throughout the document.

This looks very nice, but I wouldn't have expected to see this in an official legal document. It appears several other times throughout that deposition transcript, as well.

However, I have reviewed several other depositions from the same case and haven't seen any such dividers. But when I Googled it, I found some other depositions with the same set of characters used as decoration from other cases.

Is this a well-known convention? Does anyone know the history of it, or the reasoning behind it? Can a court reporter make the executive decision to include these types of decorations?


texts: Express Warranty on Private Car Purchase

texts:
Can statements made about a car's quality be treated as an express warranty?

Is there a specific statute that establishes this?

I've heard before that things that someone tells you about a car's quality or condition can be treated as an express warranty, but am not sure where, specifically that rule comes from.

If something mentioned about the car is found to be not true, would that be considered a breach of warranty and would the seller then be liable to either correct the issue or take the car back?

If so, is there a limit to the scope of issues that would apply here? (i.e how small of an issue would count)

I am not writing in regards to a specific issue I've had, but am purchasing a vehicle privately and was curious about this.

In my own scenario, I've been texting someone I know about purchasing a car, and have several statements in writing from this conversation regarding the condition of the car.

As an example, if someone told you that a car had an aftermarket, performance exhaust installed on the vehicle and you then found that it was just the stock part, would that count?

What if someone told you that the car was in good condition and hadn't been in any accidents, but you later discovered there was frame damage on the car?


texts: Limited partners' obligations for tax wrongdoing?

texts:
To what extent are Limited Partners at risk for tax malfeasance committed by the Managing Partner?

What is a Limited Partner's obligations following discovery of this sort of tax wrong-doing by the Managing Partner?  To what extent is a Limited Partner subject to a back-taxes, fines and penalties resulting from financial wrong-doing committed by the Managing Partner?


texts: Can courts do anything to prevent criminal trials being delayed for many years?

texts:
You may remember in the news some time ago a fatal shooting allegedly motivated by the victim texting in a movie theater. Well, a date for the trial has finally been set - more than 5 years after the incident! The defendant is in his mid 70s and may well die before the case against him concludes.
You can see the long history of this particular case detailed here:
http://www.curtisreevestrial.com/
Why is it taking so long to bring this case to trial?

Justice delayed is justice denied. So how and why can criminal trials be delayed for years? I would think there should mechanisms to prevent or punish excessive delays. For example, revoking bail would mean the defendant does not benefit from the delay in the above example. Is there any legal mechanism to prevent excessive delays?


texts: If a product is faulty, who can be held liable?

texts:
Say I make a website for someone else. In the website I use a library for processing payments. Say there is a bug in the 3rd party library and it is latter found by the website owner. Can they sue me or the maker or the library? What kind of terms can I include in a contract I have them sign so this can't happen? I guess it's related to When are non-indemnification type clauses needed in a contract?

Another example I'm curious about is someone builds a house. It turns out the lumber company gave them the wrong kind of wood and it rots. Would the home owner sue the lumber company or the people who they hired to build the house?


texts: Can a landlord dictate where I can park when moving in/out of an apartment?

texts:
I recently moved out of a room that I rented in a house in Oakland, California. In my lease it under terms of vacating the premise my landlord added a clause stating:

"All moving must be done in rear of driveway or pay $250 (near basement door)"

However, my parent's truck was too large to fit in his driveway and back up to place designated, so my parents parked in the street and we packed everything up in the street (taking about 45 minutes). The landlord showed up on the premise during the last ~10-15 minutes of moving and cleaning the room. He told me that I was not supposed to park there, and stated that he told me this the day before. However, I told him (person-to-person) two days prior to moving out, that I was moving out Friday morning and requested the driveway clear, which he obliged; however, he stated nothing about where I could or couldn't park.

I also asked him if he would do a walk-through of the room with me, to verify any damages, after I moved and cleaned the room out, which he did not do while I was present and simply stated "I'm sure it's fine" -- he also refused to do a pre-move-out inspection that's in written as a Right in my lease.

My question: Is this actually enforceable, since I did park in a public space and not necessarily on his property?

I had trouble with this landlord since I moved into the house. I have a brief write up of my concerns posted here on Reddit prior to my move. I did follow through with what was suggested in the thread (take photos, document, save texts, etc.), but I've yet to talk to a lawyer, as I don't think it's quite that time

It will be three weeks since I moved out on the August 21st. I'm going to wait a week until the 28th to send him a certified letter requesting my full deposit be returned if it already hasn't, and if I don't hear anything back I'll probably be taking him to small claims court.


texts: At what point could courts in England no longer legally create new Common Law offenses?

texts:
Common Law offenses, of course, were crimes created solely through case law rather than statute.

At what point was the legal authority of courts in England to create new Common Law offenses abolished?

In a practical sense, the actual creation of new Common Law offenses via court rulings seems to have ended by the end of the Middle Ages, but was this accompanied by a formal abolition of the authority to do so, or did this simply fall into disuse?

This question has nothing to do with:

The abolition of existing Common Law offenses (e.g. Murder, Larceny, etc.) in favor of purely statutory ones. Some countries, notably Canada, have passed statutes completely abolishing any remaining common-law offenses in favor of a purely statutory criminal codes. By contrast, some US states (Virginia is one) still retain some common-law offenses for which the punishment is defined in statute, but the definition is found in case law.
The specific elements of existing, known Common Law offenses.

If English courts still technically possess legal authority to create new Common Law offenses, but do not do so as a result of social or political pressure, that's an answer.


texts: Does a store have to hire someone with conflicting views on the pandemic?

texts:
Suppose a store is considering an employee for hire when a social media review finds views that conflict with both prevailing governmental advice as well as the views of management. If the discovery of this information were to be the reason someone was declined an interview, according to Canadian law, would the declination be considered legal? If it is, would that status change if the person's religious views are what guided them to their opinion?
I am hoping to discover statutes and/or similar case law that relate to this. The closer to Alberta law, the more useful it is for me personally, but Canadian law in general would be more useful for the site at large.


texts:
In Finland, is it illegal to record a conversation in the working place without the agreement for all people speaking?

I mean, two people are having a conversation in the office and one of them is recording the conversation. The other person does not know anything about it. Is this illegal or legal?


texts: What are the regulations and laws regarding monthly invoices arriving late?

texts:
Cable company monthly invoice, and only cable company monthly invoice, is arriving within two days of due date.
In general, are there any state laws or regulations requiring cable companies to send invoices in a timely manner?


texts: How to tell if an agreement is a contract?

texts:
Let's say someone has an agreement with me about X.

Under what conditions would this agreement be a legally binding and enforceable contract?

Every definition I find online says that it's a contract if it's "legally binding and enforceable", but that's utterly unhelpful and begs the question of what constitutes legal bind and enforceability.


texts: Is this a pyramid scheme? If so, how do I stop it?

texts:
A dear, yet very naive friend of mine has fallen into the hands of what I think to be a pyramid company (operating from switzerland). I've talked with this friend of mine for a while yet she is unwilling to overthink her decision.

The company at hand sells food supplements, and offers you the possibility of "gaining money" by "working" as a salesperson for them. The food supplements are low-quality and extremely overpriced (~200$ for a package). You can easily buy a similar package for 1/10th of the price.

Now, "working" as a salesperson isn't really working for them, as you aren't employed. You have to buy the packages (for the FULL price), and then sell them online, refunds impossible (you lose the possibility of "working" for them).

Once you've sold ~25 packages within a month, you get 10% off of your next package (wow, amazing). And this keeps on going, you're getting a few very small "benefits" the higher you get, at some point even money. The company has ~2-3 "selfmade" persons earning allegedly a few thousands per month just by selling those supplements online.

My questions now are:

Am I right to believe that this is indeed a pyramid scheme?
How can I do something against this company?


texts: A friend of mine gave me his keys to his vehicle so I could clear off the front seat. My friend was not with me at the vehicle at this time, but I was taking a book bag from the front seat, moving it to the trunk when I was approached by law enforcement and after being detained and being searched and patted down they removed the keys off my belt loop. On the keyring were 7 jiggler keys and I was arrested and charged with manufacture etc motor vehicle master keys, possession of an instrument of crime with intent. Fast forward to my preliminary hearing, and the charge possession of an instrument of crime with intent was dismissed but the other was held. Now in the state of Pennsylvania it says that having lock pick tools in your possession can be illegal if used in a crime or intent to be used in a crime. Since the possession of an instrument of crime with intent charge was dropped then wouldn’t that eliminate the other charge and prove my innocence to dismiss the case altogether since possessing the keys isn’t illegal unless used in a crime or with intent?


texts: What is the meaning of "using a file outside a project"?

texts:
On the Tatoeba download page, we can download a list of sentences that have an audio file: https://tatoeba.org/eng/downloads.
In this file, there is a license field. In the description of the file, it is said that "If the license field is empty, you may not reuse the audio outside the Tatoeba project".
Knowing that, can I make a software that links to the file, so that the user can download it from the Tatoeba project and listen to it if the audio file isn't bundled with the software?


texts: Is there a law against false testimonials?

texts:
Is anyone aware of any law (statutory or case-specific) in the U.S. or any of its states (or any jurisdiction in the world, for that matter) that prohibits or makes it illegal to falsify a testimonial?

Example

  "This is the best I've product ever used!" - Jane Doe, CEO Newco
  "This product solves all my problems!" - James Kirk, CEO Enterprise

The closest I can find is here.

https://www.law.cornell.edu/uscode/text/15/52

15 U.S. Code § 52 - Dissemination of false advertisements

  (a) Unlawfulness. It shall be unlawful for any person, partnership, or corporation to disseminate, or cause to be disseminated, any false advertisement—

  (1) By United States mails, or in or having an effect upon commerce, by any means, for the purpose of inducing, or which is likely to induce, directly or indirectly the purchase of food, drugs, devices, services, or cosmetics; or

  (2) By any means, for the purpose of inducing, or which is likely to induce, directly or indirectly, the purchase in or having an effect upon commerce, of food, drugs, devices, services, or cosmetics.

  (b) Unfair or deceptive act or practice.
  The dissemination or the causing to be disseminated of any false advertisement within the provisions of subsection (a) of this section shall be an unfair or deceptive act or practice in or affecting commerce within the meaning of section 45 of this title.

For the purpose of this question, assume there is no actual person named Jane Doe who is the CEO of a company called Newco or James Kirk who is the CEO of Enterprise.

I know puffery is affirmatively allowed. But this is different. It's about false testimonials.

Edit: Although there is already an accepted answer (because it answers the question), other answers for other jurisdictions are welcome and will be encouraged with upvotes if they cite either statues or cases.


texts:
I have found this statement here.

"The Impressum is legally required on all commercial websites
published in German-speaking countries"

What does this mean? If I publish a website, then it is automatically available worldwide ofc, so does every site e.g. a site from Nigeria also need an impressum, because it is in the world wide web and germany/austria etc. can also access it?


texts: Could you explain the concept of money laundering in simple terms?

texts:
launder

  2 informal Conceal the origins of (money obtained illegally), typically by transfers involving foreign banks or legitimate businesses.

(from here)

Suppose, I have illegally obtained money (I don't). So, basically, everything I can do with it, other than spending, would be laundering, is that correct (putting them into a bank account, investing in a business, etc.)?


texts: Throwing tomatoes at a poster of a politician

texts:
As a form of protest, imagine:

Printing a poster of a politician's face
Placing it on a wall (with permission of the wall's owner) in a generally public space
Handing out tomatoes to be thrown at the poster.

What legal troubles can arise?

EDIT:
The jurisdiction is Canada, particularly Ontario.
My apologies for not thinking of this detail.


texts: Entering into a Credit agreement without signing any CA in the UK

texts:
My wife recently registered herself to an online learning course and opted to pay the course fees monthly. During sign up she was sent terms and conditions of which buried in the terms and conditions state that upon cancelling 'You shall immediately pay us all outstanding invoices and interest'.

They had originally sent her the wrong course material, corrected the issue after around 1 week and then around another week later she realised that the course was not what she expected and then cancelled.

The company is now claiming that by registering and logging in she has accepted their terms and conditions and is liable to pay the full course fees or have the debt sent to a debt collector.

During the sign up process it was not made clear that she was entering into a credit agreement as it is mentioned no where other than a few lines in the terms and conditions.

Is something like this enforceable?


texts: Does sharing personal data publicly imply consent for collection and processing?

texts:
Suppose an EU citizen publishes their personal information, such as name and contact details online, for instance, on social media.
If I wanted to contact them in my professional capacity over email, would I have their implicit consent to do so?
From my understanding, I have to perform a multitude of actions with their personal data before anything even reaches them:

collect their data personally from third party (social media platform);
process it for the purposes of writing an email;
share it with my email provider, who then proceeds to store it indefinitely while I retain access to it;
all the while their data can feasibly cross a number of international borders.

Does this constitute legitimate use?
Am I obligated to inform them upon contact of these actions taking place?
Do I have to inform them of the opportunity to opt of communicating with me?
For the context of this question I am specifically using their email personally, not as part of an automated "pray&spray" spam marketing attack.


texts: Can a minor act as an officer or director of a corporation?

texts:
I have two questions:

I was wondering if a minor could act as an officer of a corporation; and
if a minor can act as a director on a board of directors in the Commonwealth of Massachusetts.


texts: What legal options exist to enforce strict compliance with parenting agreements?

texts:
Suppose a parenting agreement that is part of divorce in Georgia, U.S., specifies that parent A shall deliver a child to parent B in the morning before school.  One day parent A, without notice to parent B, delivers the child directly to school.

What legal mechanisms, if any, can B use to prevent future violations by A of the parenting agreement?


texts: Can a domestic partner evict someone even though all home utilities are in her name?

texts: Can a female domestic partner be evicted by male in the household if she pays all utilities for household?


texts: Forcing a government official to do their job

texts: In the wake of the United States Supreme Court legalizing same-sex marriage, a number of county clerks and other officials have announced their intent to refuse to issue licenses for such marriages.  What legal remedies are there in such a situation?


texts:
I believe the author has published it online. However, I am unsure if I'm allowed to read it. I found it when searching.

It says unauthorised reprint or use is not permitted. All rights reserved.

Here's the link: http://ppstest2.com/PreAlgebraBook.pdf

Please tell me if it's legal


texts: Shooting of Philando Castile | Jury Verdict

texts:
I am quite amazed by the verdict from the jury on Philando Castile's case where the cop was acquitted of any charges despite the graphic video evidence.

Question: Are jury selected from the same community the crime is committed (in random) or they are based on educational merit. With the evidence presented it was more statistically probable that either jury would not reach a conclusion or will verdict will lead to conviction.


texts:
What rules and legal mechanism deter frivolous or nuisance suits?  Assume Florida venue.

A neighbor seeks is threatening to sue the developer for soil erosion.  The neighbor has been an owner for 3 years, however,

the property is 15 years old and the ground cover (grass) has not been maintained
owner \ association improvements have changed the impermeable area and affected the hydrology

Are there any strategies that would be the equivalent of the video game Defender "smart bomb" that would summarily dismiss such a claim?


texts:
Imagine a disorderly charge for a first-time offender who pleaded guilty.

The defendant appealed the case and was granted a remand.The defendant now has a charge on his record for disorderly conduct, and has paid high court costs and fines.

Could the defendant file a motion to vacate, withdraw plea or what?


texts: Clause forbidding class action enforcibility

texts:
I was reading a contract from a particular large merchant service provider, and found an interesting clause in their developer portal terms & conditions which reads as follows :

  You agree that you may bring or participate in claims against Moneris in your individual capacity only and not as a plaintiff or class member in any purported class or representative proceeding. Unless you and Moneris agree otherwise, the arbitrator(s) may not consolidate or join the claims of other persons who may be similarly situated, and may not preside over any form of a representative or class proceeding.

Is something like this even enforceable ?  I understand you can put lots of stuff into agreements which seem like you are losing your rights, yet are not enforceable. For example a company could put in "You agree that your life is forfeit if you do not pay within 10 business days", while the user agreed to the terms of service, this is clearly illegal to the extent it may negate the legitimacy of the entire legal blah.

Is a clause in someones terms and conditions that explicitly forbids participation in class action suits against the respective company, enforceable ?


texts:
I am planning to leave my company, but my manager forced me to sign the declaration form, the form contains,

I will work part-time
I will update new technology
I will support continuously
I will share my knowledge

If i do not sign the above declaration form they will not relieve me, how to handle this situation, i got placed High reputation MNC company. Is this declaration form affect my future? please help me.


texts:
What is the legal term (so that the relevant statute can be looked up) for when someone follows you around with the intent of harassing you and does not maintain 6ft social distancing for coronavirus reasons?
UPDATE: to be specific: a the suspect steps in front of the victim whenever possible, despite the victim's attempt to change directions to avoid the suspect.  Suspect does not wear a mask nor maintaining 6ft social distancing.  Victim indicates feeling threatened by the risk of COVID 19 infection.
References (hyperlinks) to relevant Florida statute is always appreciated.


texts:
I am subletting an apartment from a friend who is technically my landlord. I refused him entry late at night after we had a row about a longstanding problem with one of the facilities in the apartment I just moved in to. The friend is angry at me saying that I "Refused him entry to his own room", and sent messages requesting his room back within a week.
There was no notice given before he wanted to enter the room, it was just something he decided after we had already met that night.
Can I legally refuse entry to a landlord?


texts: GDPR: if a user doesn't agree cookies on my banner, what must I do?

texts:
if a guest of my site click on "Not agree" on cookie banner, what must I do?

Have I to disable all the cookies?
Have I to disable all the cookies except technical cookies (eg. login session cookies)?
(I hope the second one)

And if I use anonymous google analytics, have I to disable also it or not?

Another question: for registered users is it correct to not present the cookie banner?

Thanks, bye


texts: What would happen if Protagoras v Euathlus were heard in court today?

texts:
So, I was browsing Wikipedia today, and I came across this article, detailing a lawsuit in Ancient Greece. Basically, what had occurred was that a man, Protagoras, had entered into a contract with another, Euathlus, to provide him with training in oratory and law, in exchange for a sum of money that was to be paid upon Euathlus's first win in court. After this training was provided, Euathlus decided not to go into the legal profession, so eventually Protagoras elected to sue Euathlus for the sum owed to him.

The two men made the following arguments:

Protagoras stated that regardless of the court's decision, he would be paid the money he was owed, since if the court found in his favor, he was be paid the money the court awarded him, and if Euathlus won, then the terms of the contract would have been met and he would be obligated to pay the money.

Euathlus rebutted, however, that he would owe no money, regardless of the court's decision: if he won, then the court would have ruled in his favor and annulled the debt, and if he lost, then he wouldn't have won any cases yet, and thus wouldn't owe any money to him in accordance to the terms of the contract.

What I was wondering was what would have happened if this case were to be tried in a modern-day courtroom? Has thousands of years of legal development created a resolution to the paradox?


texts: What are the legal considerations for a creative practioner using a pseudonym?

texts:
I am working on a project that involves a few different types of works: website, ebook, video/emovie etc.
I am planning to use a pseudonym for myself for all of these works in this project. I am wondering though from a legal perspective if I am causing extra trouble for myself by not simply using my own real name. A few issues I can think of is being able to prove ownership of my own work, and another is if someone tries to copy/claim credit/misuse my work will it be harder for me to take action against them to protect my work?


texts: Party Wall Act - unclear interpretation of party fence wall definition?

texts:
I'm looking at sections 1(1)(b) and 20 of the Party Wall Act, and they just don't make sense to me, definitionally.

Problem #1: s.20 seems to provide an impossible or meaningless definition

  s.20: “party fence wall” means a wall (not being part of a building) which stands on lands of different owners and is used or constructed to be used for separating such adjoining lands, but does not include a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner

The phrase excluding "a wall constructed on the land of one owner the artificially formed support of which projects into the land of another owner" could be read ambiguously.

IT EITHER MEANS: "a wall constructed entirely on the land of one owner (A), the artificially formed support of which projects into the land of another owner (B)";
OR IT MEANS: "a wall constructed partly - but not entirely - on the land of one owner (A), the artificially formed support of which projects into the land of another owner (B)"

The problem is, both of these are problematic, whichever is chosen.

If the first interpretation is correct, then the wall being excluded cannot ever have been a candidate party fence wall in the first place, because to even consider it as a party fence wall, the wall must stand on more than one person's land ("a party fence wall means a wall .. which stands on lands of different owners..."). No walls will ever be excluded if the first interpretation is correct. The clause would be meaningless.
If the second interpretation is correct, then we have the opposite problem. If it is intended to signify a wall constructed in part but not entirely on (A)'s land, then basic wall construction dictates that the wall's support will always project into another owner (B)'s land, because walls are supported under their full width. Every wall that could be a party fence wall will be excluded if the second interpretation is correct. The definition wouldn't cover any walls at all.

This is a quick sketch of the 3 ways a wall could be placed and supported near a boundary:

Layouts #2 and #3 aren't party fence walls because the wall itself is completely within the property boundary of B, so it doesn't "stand on lands of different owners".
Layout #1 can be a party fence wall, - but only if the exclusion clause has an ineffective/nullifying interpretation: "_a wall built on just one owner's land entirely/exclusively/only". If that's correct then no wall that looks like layout #1 ever gets excluded, so Layout #1 will always be deemed a party fence wall. (If we had made the alternative assumption, that it means "built partly but not entirely on an owner (A)'s land" then the Layout #1 wall is clearly built partly on (A)'s land and its support clearly projects into another owner (B)'s land, so Layout #1 could never be a party fence wall. In which case nothing could.)

What approach to reading the exclusion clause wording would allow it to have a sensible meaning, which presumably should exclude some walls but not others?

Note: I'm asking about the meaning in law of the legislative wording, rather than "what it might be believed or assumed to mean", as these could be completely different.


texts: Is it illegal for an actual minor to catch predators?

texts: So a close friend of mine is a minor (close to not being) but we were wondering if it is illegal for her to pose as herself and report predators?


texts:
Is there a recommended or official location that's recommended to get "official" legal documents that'd be used to file WITH THE COURT for Chapter 7 bankruptcy?

I wasn't sure if getting legal court documents or forms to fill out online was acceptable or if there was a "standard" format these documents must conform to be acceptable by the courts.
If there's an official and standard format, are there ways non-legal people can confirm these are correct besides asking an attorney.

Specifically if it matters, document-wise, I need forms to list the DEBTS and the company names, amounts, etc. of the DEBT I'd need to file against.

I've went online and can easily find resources to download to fill out, but I wasn't sure if there was something to reference to confirm format authenticity or if I should go to a particular "official" site only and this would ensure it's correct.

So Chapter 7, wipe it clean bankruptcy forms, for a regular person in America to list the debts and any other helpful things I can complete up front so I understand what I have and to take to an attorney knowing what I have beforehand as well.

Whether or not an attorney may give me a price reduction for doing this is yet to be negotiated perhaps (their legal assistant will probably do all the paperwork otherwise), but I want to have a clear understand of the accuracy of everything for myself beforehand at a minimum.


texts: Legal Definition of Peers, as in Jury of your Peers

texts:
I was wondering how the word "peers" has come to be defined legally the way it has.

legal-dictionary.thefreedictionary.com states that legally the word is held to mean:

  This has been interpreted by courts to mean that the available jurors include a broad spectrum of the population, particularly of race, national origin and gender. Jury selection may include no process which excludes those of a particular race or intentionally narrows the spectrum of possible jurors. It does not mean that women are to be tried by women, Asians by Asians, or African Americans by African Americans.

But Wikipedia supplies this definition for the non-legal usage:

  People who are equal in such respects as age, education or social class, group, colleague, etc., as in peer group or social peer-to-peer processes

So the legal definition (the more diverse a group you can get the better) is pretty much the exact opposite of how the word is used in non-legal settings (the more exclusive and same-y the group is the closer peers they are). Has this always been so? What arguments are put forth to validate this weird interpretation? And how does it work in edge cases? Are citizens considered peers of foreign nationals, or do you need to ship in foreign nationals to stand as the jury for a non-citizen (or maybe they are not granted this right in the first place)?


texts: How can I find out who an attorney represented in a case?

texts:
I think an attorney may have represented two opponents at the same time. What are the legal requirements on attorneys and is there a way to find out who their client was?

I believe my divorce attorney may have represented my x wife in her immigration case and may have even delayed our divorce to get her past a milestone in her process.

Can I somehow validate this? Is this information which INS might share with me?


texts: If a retailer refuses to sell an item citing a state law are they required to prove the legitimacy of the law?

texts:
A convenience store clerk refused to sell me tobacco when I declined her request to scan my ID. I did allow her to inspect my picture ID which clearly showed my age to be 63 (as if she couldn't tell by my degenerative condition). She stated it was now state law that everyone gets scanned in California. I can find no such law. No store has requested my ID since.
My question is:
Do I have the right to demand proof of a law which I believe to be non-existent or interpreted wrong?


texts: Which UK "Parliamentary Powers" were used to confiscate Facebook's documents?

texts:
There has been a story recently about Facebook having private documents forcibly taken on behalf of the UK Parliament.

From the BBC article it is claimed that:

  "Rarely used parliamentary powers were used to demand that the boss of a US software firm hand over the details."

All the articles I have read state the same thing, but no further detail of the powers used. The alleged laws / powers allowed the following:

  "In a highly unusual move the House of Commons serjeant-at-arms was sent to the businessman's hotel and he was given a final warning and a two-hour deadline to comply with the order."

  "When the executive failed to do so he was escorted to Parliament and warned he risked fines and imprisonment if the documents were not surrendered, the paper said."

This kind of power is very worrying to me, I would like to know about this in more detail.

Which rarely used powers are they exercising? What is the extent of these laws? Under what circumstances can they be applied?


texts: Does the lessor of a rental space have standing to deny an act or performer from renting the space?

texts:
If a public rental space allows for different groups, acts, and performances to rent the space, and is defined as a "public accommodation" for purposes of the law, can the space legally deny a group, act, or performance from renting out the space based on disagreement with the content of the performance?

Does this change if the rental space is owned by the government?

I have been thinking that an artistic performer is not technically a protected class, but it seems that not allowing anyone to rent out the space based on disagreement with the content poses a constitutional issue.


texts: Any solid research on error rate of criminal conviction system: jury vs judges?

texts:
To my knowledge most countries use one of two systems for determining the guilt of the accused in criminal cases: “jury of your peers” (who don’t have to justify their decision) vs “judg(es), possibly with lay jurors” (who have to justify their decision). Also some countries allow the striking of deals pre-trial / instead of trial.

Is there solid research on which system performs better (as in how many erroneous convictions, how many erroneous dismissals) in which circumstances?


texts: How to answer GDPR requests when part of the information is accessible?

texts: Lets say a company stores information in Catagory 1 , 2 , 3 .Catagory 1 in formation is assciated with email , Cata gory 2 with user name and catagory 3 with phone number.A user sends a request via email and writes "give (the user) a copy of the data." Does the company send only catagory 1 data or ask for more information and send more data for catagory 2 and 3?


texts: Warranty options a replacement via warranty

texts:
Firstly I am based in the UK. I purchased a hedge trimmer back in 2016 which came with a 2 year warranty which became faulty and was replaced under warranty in late 2017.

The replacement is now faulty. I am unable to find any proof paperwork or electronic my only hope would be that the supplier has proof. Does this replacement usually come with the same warranty period?


texts: Can I get in trouble legally if I use the code that I contributed in an unofficial project?

texts:
My Issue
Me and my "friends" started a common project on github where we were writing code.I left the project many months before they decided to make everything official (start a company). I didn't sign any kind of paper, back then.
They want me to sign a paper that I will not share the code WE wrote (I contributed maybe 40%-50%).
But I don't really want to. They want to make sure I don't use it for the same business ideal (i.e. steal the idea).
Even if I start the same business with the same idea and code will I legally get in trouble? I don't have any intentions of doing so and this was the reason I left. I don't want any kind of trouble or have any kind of legally signed papers with them.
This is not a patent
The business idea is not any kind of patent, companies can approach this business idea with the same technology that "WE" used and also the code could be partially identical in many areas.
Please advise, can I get in trouble if I decide to share this code? Will I be legally in trouble if I use the same code?


texts: Can I duplicate media for personal use only?

texts:
So, I have bought a lot of things that came in physical format: movies, songs, video games, and all sorts of other digital media.

However, things like CDs and DVDs are rather annoying -- they take up space and they're always getting lost and dirty and whatever.

Would it be legal to copy all of the media I bought to my own hard drive (or an external one), as long as I don't make the media publically available (upload it to a torrent site or whatever)? Would I have to destroy the original media? Can I make backups of this non-original hard drive?


texts: Judge to jurors: "I cannot give you a trial transcript; no such transcript exists" So, what is the court recorder doing?

texts:
After the closing statements in the Chauvin murder trial, the judge says the following to the jury before they retire to consider their verdict:

"You will take with you into the jury room, copies of the instructions
that I am reading to you. The lawyers and I have determined that these
instructions contain all the laws that are necessary for you to know
in order to decide the case. I cannot give you a trial transcript; no
such transcript exists. We count on the jury to rely on its collective
memory ..."

So what was the court recorder doing all this time if no transcript exists? Is it always the case that the jury don't have a transcript? Why don't they - wouldn't it be useful?

Afterthought
Given the advances of technology, it should be easy these days to produce a printout pretty quickly. Is there a case to made to start doing this even though it might have been impractical in the past?


texts: If an appeals court orders a lower court to throw out a case, can this be appealed by the lower court?

texts:
Background
On June 24th, 2020 in a 2 - 1 vote, a Washington appeals court ordered Judge Emmet Sullivan to throw out the case against Michael Flynn because both the prosecution and the defense wanted the case dismissed:

By a vote of 2-1, the three-judge panel on the appeals court ruled Wednesday that the lower-court judge, Sullivan, had intruded on the Justice Department's "charging authority" by seeking further investigation after the department moved to dismiss Flynn's case.

An attorney appointed by Sullivan to counsel him about the government's decision in the case called the move to dismiss an abuse of power by the Justice Department because it was interceding in the case of a friend of President Trump.

Question
Since the Judge now has an attorney, can this Judge appeal to the Supreme Court (or appeal again starting from a different court jurisdiction) to potentially allow him to continue his decision to review if the Michael Flynn case should be dismissed?


texts: If someone resigns from a firm while their patent application is under processing, will their name be used in patent application

texts: I couldn't find any law/rule stating that if a person resigns from a company after the company have filed for an patent by that person, whether his/her name will be considered in the patent if it is granted ?


texts: Did citizens of New Hampshire have the ability to buy their way out of military service in WW2?

texts:
Before 1964 the New Hampshire Constitution had two articles (12 and 13) in its Bill of Rights permitting citizens to pay money in lieu of compulsory military service.

In World War 2 and the Korean War did the men of New Hampshire have the ability to pay to avoid being drafted? If not, what the legal pretext used to void this right?


texts: Questions about cryptography implementations

texts:
I would like to know if implementing a hash function (such as MD5, SHA1 or SHA256) is legal.

Is it legal in the UK to implement a hash function and release it? (I know there's Regulation of Investigatory Powers Act but can it be released?)
In the US, do you just have to comply with exportation requirements or get your implementation licensed?

I am planning make a software but don't want to get involved with legal stuff.


texts: Is this Intellectual Property clause over-reaching?

texts:
Here's an extract from my (employee) contract

  All rights to any material and results, and all intellectual property rights related thereto, made, written, designed or produced by Nathan Cooper during the term of his/her employment shall be vested in the Company. For the avoidance of doubt, the Company shall have a right  to freely develop and alter such material, results and intellectual property rights and to license and assign them to a third party.

Is this over-reaching? Ie, is it all-encompassing, does it hypothetically lay claim to unrelated intellectual property produced on my own time?

More specifically. Is the "term of employment" similar to "course of employment", which I understand is limited in scope to work related duties (... I think) ?

If it is over-reaching. What would be better language? Is there something that protects non-work related IP (for me), and protects the company's IP from potential bad behavior from me. Has anyone any experience in negotiating their IP language?

Perhaps a change to "course of employment" would do the trick, or something more specific to scope the IP to work "created as part of, or in connection with his/her duties".

NB. I'm not concerned by this language at my current employer, but I'd like to have something prepared in future that makes everyone happy.


texts: Is there precedent of secret subpoena that compels government access?

texts:
Under what guise of law, would state actors (UK, US, etc.) be able to issue secret (unpublished) subpoenas that require industry / utilities to provide government access to their systems?  Examples of access include phone companies, which were forced during the Clinton administration to build digital networks that government agents could tap.

The modern day version of "tapping" is dismantling end to end encryption of messaging systems such as Facebook or WhatsApp


texts: Absent any indication one way or the other, are groups presumed to be majority rule or unanimous descision?

texts: cite case law.  Is there a difference between jurisdiction?  Does size and type of group matter? Statutory vs private boards makes a difference?


texts: Can a police officer ban a person from a public park?

texts: Can a Utah police officer ban a person from a public park even if the person is only suspected of breaking the Law?


texts: Must I report a car accident to the police?

texts:
I live in Connecticut, and that's also where I have my car registered.

If I get into a car accident in Connecticut, am I required by law to inform the police?

https://www.dmv.com/ct/connecticut/auto-accidents says:

  You are also required by law to inform the police immediately in case of any accident that involves death, injury or property damage.

But, I looked at Title 14 of the General Statues of Connecticut and didn't see any law saying that.

Where's the law that says that?


texts: If my neighbour puts up a boundary fence wholly in my property can I remove it?

texts:
Under the Fencing Act in Victoria, if I am not given a fencing notice, and don't give my consent to a shared boundary fence being built (unless I get a fencing notice) and my neighbour invades my property, can I
(i) Remove that fence as he has encroached on my land, without notice?
(ii) Use reasonable force to stop him from entering my land, if I catch him in the act of trespassing?


texts: Disputing "average value" for insurance total losses

texts:
I recently received a proposed total loss settlement for an auto from my insurance company based on an average of three "corrected" values based on local list prices for the same vehicle.

How the insurer arrived at the "corrections" is a separate issue.  What I am disputing is the number of vehicles used in the "average".

Essentially, I am arguing that they need to account for confidence limits in their calculation of the average.  If they are averaging only three values of, say, $9,000, $10,000, and $8,000, it is possible that if they pick 3 other vehicles with values of $15,000, $20,000, and $10,000, they would get a much different result.

The 95% upper confidence limit on the mean is the sample mean plus around twice the sample standard deviation of the samples presented.  For the first example above, the sample average is $9,000 and the sample standard deviation is $817.  Thus I would argue that a more accurate estimate of the average value is $9,000 + $1,600 ($10,600), not the straight sample average of $9,000 that they are proposing.

Is there any precedent for this kind of argument in any Texas or Federal Courts?


texts: What are the consequences of mistakes of execution of laws?

texts:
Suppose a Public Servant states in correspondence, "This legislation requires..." and then incorrectly stipulates an action that is not in the law.

I assume that most constitutions set out how legislation is implemented .

Therefore has the Public Servant acted contrarily to the constitution?  Or is the Public Servant immune to such mistakes?

My specific interest is in relation to Australian Law for a Federal Government Department, although I am interested in the generic question.


texts: Is there a concept of a plea-bargained confession in English law?

texts:
Forgive the basic questions, I know nothing about law. I’m writing a novel that ends with a serious crime and I’d be so grateful for assistance.

A StackExchange user from the US suggested that a genuinely remorseful criminal could offer a plea-bargained confession in court, where he explains in detail what drove him to commit the crime he did.

Is there such a concept in English law?

Would the victim be expected to appear in court to hear such a confession? Or, if they decided they didn’t want to appear, could it be made in a statement to the court and passed to the victim. Or, would it go on public record?


texts: Asbestos Containing Material in Toronto apartment

texts:
I'm moving to a new building in Toronto, and received this letter:

  In 2005, the Ontario government introduced a new regulation under the
  Occupational Health and Safety Act regulating the management of
  asbestos in construction projects and building and repair operations,
  Ontario Regulation 278/05 – Asbestos on Construction Projects and in
  Building and Repair Operations (“O. Reg. 278/05”). This regulation
  updated requirements with respect to asbestos-containing materials
  (ACM) in Ontario, including requirements for the responsible
  management of ACMs in buildings. On November 1, 2007, certain new
  requirements become applicable.

  To ensure compliance with the requirements, [apartment building]
  retained a well-known environmental consulting firm ("Great West
  Life") to provide advice and conduct asbestos-containing materials
  (“ACM”) surveys. The purpose of the surveys are to identify any ACM
  and, if identified, manage it in accordance with O. Reg. 278/05.

  ACMs were commonly used in building construction, particularly prior
  to 1986, because of the unique characteristics of asbestos, including
  strength, heat resistance and chemical resistance. We are advised by
  our environmental consulting firm that it is only ACMs that are in
  poor condition, “friable” (i.e. material that can be crumbled,
  pulverized or powdered), mishandled or mismanaged that represent a
  potential exposure risk. Accordingly, the aim of a formal
  identification and management program is to ensure that existing ACM
  that are left in place are not allowed to deteriorate or be handled in
  a way that will create that risk. This letter will service as
  notification that ACM may be present in your suite.

  The property is inspected annually to determine if any ACM requires
  removal. If removal is required, qualified technicians are brought in
  to complete the removal. It is also important that you seek and obtain
  [apartment building]’s approval if you intend to undertake or arrange
  any maintenance or renovation work that may disturb materials such as
  floor tiles and plaster. We also require that you provide this
  information to any other person in possession of, or occupying any
  portion of your unit.

I don't know how strict the regulations are in Ontario, and they couldn't tell me where exactly and in what quantity the asbestos was present in the building. It's a building built in the 70's to my knowledge, and it's a high rise apartment (around 25 floors).

My question is, is this a cause for concern, or are the regulations/compliance in Ontario good enough that I can rest assured the asbestos is sealed and not a danger to health? Or is it just a legal cover, and there's still a risk present that it's not inspected or maintained properly (or it's common to ignore/violate this regulation in a place like Toronto)?

I'd really like to move into this place, but if there's more than 1% chance that there might be exposed asbestos in the unit, that is too high a risk to take in my opinion.


texts: Are businesses required to respond under CCPA even if the person is spamming?

texts: If someone from a network of an user is conducting a DDOS attack on a website they will probably block the network. If the user spams a business's server they may be blocked from the email of the business.  Thus they may not be able to exercise their rights temporarily.  Will the business be fined? If a business has multiple forms so that user can use the other if one if not working is it ok? Lastly the home jurisdiction of the business is India where there seems to be a section in the IT Act that holds liable the person performing the attack for damages. Can that be applied?


texts: Can you void a condominium agreement of purchase and sale using the Status Certificate condition when nothing is obviously wrong in it?

texts:
Here's what the contract says:

  This offer is conditional upon the Buyer obtaining an existing status Certificate from the seller at Seller's expense within Ten[10]banking days from acceptance of this offer and this offer is conditional upon the buyer finding the aforesaid certificate to his/her satisfaction, in his/her sole discretion, within Three[3] banking days after receiving same, otherwise this offer shall become null and void and the deposit shall be returned to the Buyer without interest or deduction. This condition is included for the benefit of the Buyer and may be waived at his sole option.

Upon Status Certificate was reviewed by my lawyer, he suggested to add a few other clauses to protect me (the buyer) from some unexpected circumstances. The seller would normally have no reason to reject them provided that everything is fine with the unit. If the seller does not agree those additional clauses, what leverages do I have? Can I threaten to void the contract using the above condition? Note that my lawyer didn't find anything that is absolutely unacceptable in the status Certificate. The only findings that I can be unsatisfied are subjective ones, such as pet policy, parking spot size, etc. I live in Ontario, Canada.


texts: Is one obligated to disclose they are Divorced (rather than Single) on government and financial forms?

texts:
I'm a recent divorcee in the U.S. and over the course of the last year I've noticed on a number of different Medical, Insurance, Social Networking and Financial entry forms that when filling out Marital Status there are often designations of both Single and Divorced for unmarried individuals.

I have done a little research on the topic and with the exception of a few empowering blogs for women, I've not seen much discussion on the subject. As far as as I'm aware, the IRS only cares how you are filing your taxes and what exemptions you take so it seems to me that the Federal government doesn't much care how identify myself as long as I'm paying my share of taxes.

I personally don't like marking my status as Divorced as I don't like the idea of identifying myself by one of the lower events in my life. But in all but the most obviously reaching situations (like joining a website or a gym) I have marked myself with the safer Divorced as I wasn't sure if categorizing myself as Single could open me to some liability (as I suppose that technically I belong in the other category).

In dealing with financial, medical, insurance and basically any other forms found in the U.S. do I have a legal responsibility to identify myself as Divorced? Or in other words, could identifying myself as Single as opposed to a divorcee incur any type of liability of which I should be aware?

Some Background

For what it is worth, I do have a child that I share with my ex in a 50/50 shared-parenting plan. But I do not pay any alimony or child support nor do I have any financial responsibilities to my ex (we ended our marriage with a dissolution).


texts: Is it legal to make an audio recording in a United Kingdom workplace with one party consent

texts:
My office it's very loud. I complained to my line manager and as a proof I have recorded a few seconds of this noisy environment. At the time of recording there were other colleagues in the room.

My line manager wants to take disciplinary action against me because according to him I have violated some laws.

The recording was too short and with a poor quality that any voice and person can be recognized, also there are any statements on my contract about recording etc.

Did making this recording break any laws?


texts: Where is the line at which the producer of a product cannot be blamed for the stupidity of the user of that product?

texts: It seems to me that no matter how thorough your warnings are, there will always be someone foolish enough to get themselves hurt in a way you couldn't have expected.  Is there a line somewhere at which any injuries are the user's fault, not the company's even without an explicit warning?


texts: How is authenticity of a given evidence determined?

texts:
I was reading this question on security SE. The title of the question is: "What are legal/ethical concerns to bear in mind, when hacking websites with open invitations?"

This answer suggests to "log everything you do just in case something bad happens and you need to prove it wasn't you, or wasn't deliberate!"

I thought "How would that even help? How hard can it be to forge a log file? Or better yet, how hard can it be to log only the "legal" actions you do and exclude the illegal ones, and present this log file as evidence?"

Similarly this question. In the question, OP states that his boss asks him to forge a log file in order to win a dispute. The answers clearly suggests not to do it. They also suggest to get the requested action written and to make sure a copy of this document is available outside the work (just in case the boss tries to destroy the evidence in case of a legal action).

Again, assume that this incident is indeed carried to court and boss claims he did not request such thing. The employee claims the boss requested such thing and presents his copy of the written request as an evidence. The boss claims that this was forged by the employee. What is going to happen? Who is the judge going to believe?

Or yet a simpler example. Say Party 1 has some witnesses. Party 2 claims what these witnesses say is not correct and presents some kind of counter evidence. What is going to happen?

In the end, what determines which party the judge is going to believe?


texts: Meaning of "Strike from the Record" in legal code? Is there *any* memory/record once "stricken"? By who/what handled/processed? Proof of striking?

texts:
"Strike the record" ("strike from the record", "strike that from the record") is a frequently spoken phrase in legal procedural docudramas. Are there violent connotations historically to the word "strike" as used (very often the term is screamed [at extreme decibels], by my memory), legal repercussions from being strickened? Speaking terminology, are we talking about specifically the delete key or are we burning fires of physical storage, do such operations require write-over how many times, are there standards for the definition of stages of being stricken, otherwise are there rules for storage (how much leaks/security?), is it a vault filing cabinet with what security, is somebody watching somebody securing the evidence struck, are there universal standards for the polices behind the law, is the strickening process recorded, is there a process?
Searching
https://www.google.com/search?q=%22strike+from+the+record%22 /
https://en.wikipedia.org/wiki/Strike_from_the_record / https://www.google.com/search?q=%22strike+the+record%22 / https://en.wikipedia.org/w/index.php?title=Special:Search&search=%22strike+the+record%22
/ https://www.google.com/search?q=legal+definition+%22stirke+the+record%22
...there are limited references to the legal/technical process that the specific verbal statement has the power to enact. There, the search results are repetitive definitions, and not much of an explanation (maybe specific step-by-step process would help, so for my frame of reference I can try to relate to if a computer strikes information similarly, as an issue of data integrity is it at all an appropriate analogous process to help explain? I'm thinking if that's like a question being moderated/censored/deleted/hidden where there are varying levels of access after, for example, with the process being cursorily defined by standards of law and mostly driven by customs. Am I correct to expect the same data integrity standards and principles are applied to cloud and court data equally? Is the court obligated to process/serve/protect/encrypt the striking before/during/after in specific written and agreed upon ways in every court room?) of the process.
If you also know, does that mean there is any record? Clearly people might remember, but does the law have any power to remember such stricken information? Is the paper burned, or electronically written over? Specifically the delete key or are we burning physical storage? To what extent, for in or out of court, is there penalty for remembering stricken information?
 Legal docudrama example as mentioned, shows a physical pen being theoretically used to demarcate. Once the order is made, is that the whole/entire official process?


texts: Can a sysadmin ever read emails or PMs on his server, when secrecy of correspondence is in the constitution?

texts:
There is another question here that asks something similar, but apparently it refers to the US, where secrecy of correspondence doesn't seem to exist, at least according to this article on Wikipedia: https://en.wikipedia.org/wiki/Secrecy_of_correspondence

In several European countries that principle is included though. According to that article, it probably started as a principle that applied to paper mail and phone calls, but has been extended to other forms of communication on the internet (email, etc.).

So, if you are a system administrator who owns a server which is used to provide an email service, can you ever read some of the emails sent by a user to another user? If you are a sysadmin who owns a forum or a social network that allows its members to send private messages to each other, can you ever read some of those messages? For example, somebody might report a TOS violation to you, or even a possible crime, so for example you might be told that John Doe is sending malware via private messages or emails, and you might want to look into it and end up reading some of them. This might sound like a legitimate interest of the sysadmin, if it wasn't for that principle of secrecy of correspondence. I might be wrong, but it sounds like a sysadmin would need some kind of warrant in such cases.

Jurisdictions: the European countries that have secrecy of correspondence in the constitution. If you want to add some info about the US by comparison, that'll be interesting as well.


texts: In the United States, when can someone legally search my personal laptop? (Government or private security)

texts:
Unlike the United Kingdom, U.S. citizens don't have an explicit right to privacy in the Constitution. Although there are implied privacy rights within "penumbras" of the Bill of Rights this has evolved into various laws that have changed depending on the situation... it's hard to sus though and figure out.

Generally speaking,

What frequently used law does does the Government rely on to search private property?  (e.g. warrant, detainment, or arrest)
What "domains of authority" are relevant? Is it strictly hierarchical: local, state, Federal?
When can corporations,  search private equipment without violating tort laws?  (as the 14th amendment doesn't apply to them)

For a government example, despite schools having en loco parentis authority, private schools have more flexibility with the 14th amendment than state funded schools do.

For a private example, if I bring my laptop to a mall, does the mall security officer have the right to detain my equipment?  ... or search it?

Furthering the private example, from what I can tell parents are always allowed to search the property of their children.

Motivation

My need is to identify a general framework of where exceptions to privacy may exist in the interactions of Government, corporations, and private citizen, and not be an exhaustive list.

My goal is to use this with instructional material to motivate people to care about computer privacy within those contexts, because often times people either share more than necessary, or don't guard themselves appropriately without thinking of the consequences.


texts: Why do websites which "store" money not show the actual currency, but as tokens/credits etc.?

texts:
I've seen some sites which you give money to (like pokerstars, bet365) but unlike those sites, they display the money as Tokens/Credits. One such site is woduels, their currency is WD tokens.

Is there a problem with showing the currency (like in US dollars)?


texts: In case of using what communication channels a person does not have a reasonable expectation of privacy?

texts:
In what scenario(s) a person doesn't have a reasonable expectation of privacy?

sending a traditional letter or parcel via the U.S. post
using work email account for sending private emails
making a cell phone call
listening to ones own cell phone's voicemail

  Expectation of privacy is a legal test which is crucial in defining
  the scope of the applicability of the privacy protections of the
  Fourth Amendment to the United States Constitution.


texts: Great Seal of The United States Non-Commercial

texts: Is okay to use the Great Seal of The United States for Non-Commercial use?


texts: questions about the Rubik's cube trademark/copyright/patent

texts:
i checked Rubik's cube image rights and i'm still confused about the legal protection of Rubik's cube.
I know the patent expired and their 3d trademark lost a case in EU.

Does this imply they don't own the exclusive rights to the concept of 3x3x3 cube with rotating sides?

Can I legally manufacture and sell a blank wooden 3x3x3 block that rotates with no pictures/color? (under the assumption that rotating mechanics are different)


texts: GDPR and hotlinked images: are they allowed?

texts:
By opening this question, you have automatically sent some data to some random website on the internet, the website hosting the above picture. What data? This is the data that is usually sent:

Your IP
A cookie
The URL you are visiting (the URL of this question)
Your user-agent (typically including OS version, browser version, etc.)
The time when you first saw this picture (header: if-modified-since)

This can definitely be personal data according to the GDPR, and in practice in most cases it is.

  ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;

That data is sent somewhere automatically. Did you see any privacy policies? Did you accept anything? No, you don't know how that data will be used. Of course it could be sent to a stupid random website, that will never use it for anything. Or it could be sent to a big corporation, or to a content delivery network, or any website that is big enough to be able to track you with this data, because they have a lot of services (or just hotlinked images) around spread all over the web. Note: the data is actually sent to Imgur, which I believe would definitely be able to track you, given the huge amount of pictures on the internet that link to them.

I've always seen people mainly worried about third-party assets (Google Analytics or Facebook buttons, etc.), some also began to worry about Google Fonts (that's a third-party asset too actually), but I don't think anybody ever brought up the issue of hotlinked images. That's third-party stuff. And communities like this one are basically allowing users to embed third party assets.

Who's responsible for this? Is it the user's fault, because they should always make sure the image source complies with the GDPR? I doubt it. The website owner's fault (Stackexchange), because they should not allow hotlinking? I'd say yeah, probably. Or the third-party website's fault, for not complying with the GDPR? I'd say no, for all we know they could be based in a country that doesn't even know what the GDPR is.

So my conclusion is that hotlinking should be treated like loading a third-party asset, and if the website owner cannot check the privacy policies of every hotlinked image (for example because it would be impossible in a community like this one), then unsupervised hotlinking should be disabled because the GDPR does not allow it. Am I wrong?


texts: Are computer generated error messages subject to copyright?

texts: In firefox, it throws up a generated error in response to the website that im creating (which is my work). can i then copy and paste part of that error into my program as part of a solution im writing?


texts: Is PI legally allowed to require their PhD student/Post-docs to pick up their kids from school?

texts:
Assuming that I'm a PhD student/Post-doc, what kind of tasks are the principal investigator(PI) - i.e the group leader - legally allowed to ask me to perform?
For example, is s/he legally allowed to ask me to pick up her/his kids from school? If so, what can s/he do if I refuse?
The exact answer might depend on the details of my contract but you can assume a typical PhD/post-doc in a university/research institute. I also welcome examples from other European countries other than Germany.
I would appreciate if you could support your answers with the relevant law.


texts: What legal ramifications can be imposed for making a item appears as though it has been stolen in transit, and then allowing the vendor to replace it?

texts:
I once crossed paths with an individual boasting about his technique for getting free stuff. He would go online and search for people selling second-hand "nearly new" gear that was still within their warranty period, contact the seller and ask for model numbers, receipt numbers or other identifying marks claiming he wanted them to do background checks on the item whilst feigning extreme interest in the purchase of whatever it was. He would then take what he had learnt to the manufacturer/vendor and claim his product was broken, and he would like to send it in for repair.

Rather than sending the product, as he obviously did not have it, he would send a box that had been cut open/resealed in such a way that it was highly plausible the item was taken in transit by some nefarious person in the hauliers chain of command, when this was discovered at the receiving end he would act outraged and demand action be taken, usually resulting in the vendor sending him a new item in its place.

Obviously this whole act seems highly illegal, and probably falls under some form of social engineering scam and is clearly fraud, but what i want to know is what sort of legal ramifications can come about as a result of this scheme? Would it simply be a civil matter that, if discovered, would only be resolved by being taken to court in a civil case, or could the consequences possibly lead to things like jail time?

For the sake of this question and the fact it may differ country to country, lets say this event occurred either in the US or the UK (or some similar European nation) as these are the legal systems I am most familiar with


texts: The legality of fictional stories involving sex with minors

texts:
I have a quick question as I am curious about the legality of websites such as literotica as an example.

These websites are aimed at the kink community. I have heard Literotica
contains countless stories involving kink and some of these are of a sexual nature.

The problem is some of these stories I have heard involve minors so would this site be legal or illegal in UK?

All these stories are completely 100% fictional. Not sure if this makes a difference.
Just interested to hear about these sites.

As a disclaimer I have not visited this site or read any stories regarding minors. I am just interested in the law.


texts: UK - Working without a contract. I resign and guy wants to sue me

texts:
I am a foreigner from overseas I just arrived in UK 3 months ago.

I have been working for a small startup in UK as CTO, my employer didn't want to give me an employment contract of any type, or founders agreement, he said he had given me so many vested shares but I have given him no info/passport/id for him to put the shares against or sign anything, he pays me weeks late.

I received a better offer at another company.

The CEO has been sending me unethical messages and now wants to take me to court to try and get back everything he paid me, unless I submit to his mutual agreement and send back all the money he paid me.

What should I do?


texts:
Robert's Rules of Order famously provides widely accepted guidelines for conducting formal meetings.

Is there an analog for conduct that applies generally or specifically to open sessions of judicial courts?

For example, the Federal Courts provide very detailed rules of procedure, but I can't find anything that covers conduct by admitted parties during a hearing.  If Hollywood is to be believed, counselors can interrupt almost anything by shouting, "Objection!" at which point everything else is put on hold while they are allowed to state their objection.

But what if a party to the proceedings who does not "have the floor" wishes to do things like the following:

Obtain a restatement (perhaps because it was unintelligible, or perhaps as a ploy for emphasis) of something uttered by another.
Obtain clarification of a statement.
Determine or clarify the purpose of an ongoing statement or line of questioning
Determine whether the judge will allow something later in the proceedings.  (E.g., "At some point I hope to speak to point X.  May I do that now?  Or will I be afforded that opportunity at some later point before the conclusion of this hearing?")

(Under Robert's Rules all of these scenarios are covered without recognition by the president as points of order, information, personal privilege, parliamentary inquiry, tabling, taking from the table, reconsidering, appealing, etc.  Robert's Rules also make it clear how any such interruption can be addressed and disposed.)


texts:
I've been developing a software for 4 year, and I have spread parts of it under a GPL license for 2 years without being aware of it (it's complicated) since the beginning of the project.

I built it in partnership with a foundation, which put money on this, at the condition to put it under GPL : I've seen the contract made between my company (which is a public school) and the foundation few months ago.

I've built a significant number of things upon this GPL version since, without knowing it was going to be GPL too, and was about to use it for commercial purpose.

Is there any way to use dual licensing on that case, in USA ?

Disclaimer : I'm in France, so if there's any french folks around, I'm more interested about the french law ; just replace GPL with CeCILL_v1 (GPL equivalent in France).


texts: Conflicting written versus parenthetical days in a commercial contract

texts: In a commercial contract, if the written and parenthetical days in a clause are in disagreement, which takes precedence?


texts: Has the scope of Share Alike narrowed between CC 3.0 and 4.0?

texts:
What's the issue?
The wording of CC BY-SA licenses changed significantly between versions 3.0 and 4.0, but I don't believe Creative Commons (CC) intended to narrow the scope of share alike (I explain why later). When I read the licenses, however, it seems to me that the scope has narrowed, which makes me suspect that my concept of what the scope is for either 3.0 or 4.0 is wrong.

In this question, consider an example where someone uses several illustrations released together under a CC BY-SA license to create a book. The illustrations are completely unaltered; the author simply places an illustration on each page with some separate (but related) text to create the book.

Different scope between 3.0 and 4.0 licenses
Under a CC BY-SA 4.0 license, I believe the author is not required to release the book itself as CC BY-SA (or equivalent), so this is out of the scope of the share-alike clause.
To paraphrase the 4.0 license legal code, for the book to be Adapted Material, the book must be based on the licensed work (which is the case) and modify the licensed material (which has not happened). Only Adapted Material must be shared alike, therefore this is not required to be.
This argument for 4.0 appears to be agreed upon in this question.

Under a CC BY-SA 3.0 license, I believe the author is required to release the book itself as CC BY-SA (or equivalent), so this is within the scope of the share-alike clause.
To paraphrase the 3.0 license legal code, for the book to be an Adaptation, it must be based upon the work (which is the case) and not be a collection (it's not a collection - see below). Adaptations must be shared alike, therefore this is required to be.
A collection must include work in 'its entirety in unmodified form' (which is the case), 'along with one or more other contributions, each constituting separate and independent works in themselves'. The only other contribution is the added text, which is not independent from the images since the images are chosen (or text is written) so that they go well together.

Why the scope shouldn't have narrowed
CC explicitly state here that the scope of share alike hasn't changed, and state more generally that adding a clarification to narrow the scope of adaptations would 'abuse the trust of licensors' (see end of point 2 and point 3 in the ShareAlike intent document).

Yes, the wording of the licenses have changed significantly, for example, in 4.0, there's no explicit mention of collections, but this is presumably due to the specific aim of 4.0 to make the license internationally applicable and easily understood. CC state here, for example, that not explicitly addressing collections 'does not change the scope of the license or the ShareAlike term'.

Have I got the wrong impression of the scope for 3.0 or 4.0, or is it actually that the scope of share alike has narrowed?


texts: In Europe, can I refuse to use Gsuite / Office365 at work?

texts: See above. In a country where GDPR applies (Italy in my case), do I have the right to refuse giving consent to Google and Microsoft to store my personal data, if this account is for work use? Or, in other words, can my employer force me to make a Google account (or provide one for me) and forfeit my personal data, browsing habits, image while videoconferencing etc. to Google?


texts:
I had to buy money order to pay rent. I paid this rent on time. However, I was notified later that day that the money order was 3 cents less than was due. The person who rang up my money order entered it incorrectly. This was at the end of the apartment's office hours, while I was still at work, so I had no way to pay it immediately.

At this point, there was one more day left to pay.

The next day I went to pay before I went to work, office was closed. So I left work in the middle of the day to pay the 3 pennies, and office was again closed. I was not permitted to leave work again. I was notified again that I did not pay it, I explained I came by twice and the office was closed.

At this point, it was at the end of the final day for rent to be due.

The next morning, I went to the office to pay 3 cents, as well as deliver a letter of apology, with the 3 pennies enclosed. The manager immediately told me they cannot accept change, and since it was technically late, I had to either pay the 3 cents with a money order or cashier's check.

I had zero chance to leave work today. Therefore, I could not take care of it. I already had to be late for work to visit the office this morning. When I got home from work, there was an eviction notice on my door (pay or exit notice). The notice explained that I owe a total amount of $866.56, which is my total amount of rent ($795.36) as well as a late fee ($71.20).

However, I had already paid $795.33 on time, which was 3 cents short of the total. This notice did not mention anything about owing 3 cents. Its exact words are:

  You are hereby notified that you are indebted to [Apartment Name] in the sum of $866.56 for rent, late fees, and the use of the premises indicated above now occupied by you and that the landlord demands payment of the rent or possession of the premises within (7) SEVENdays from the date of delivery of this notice. Please pay the full amount above which includes late fees of $71.20, in order to avoid further charges or action. Payment must be made by cashier's check or money order made payable to [Apartment Name]. Personal checks will not be accepted for payment of this delinquent balance.

(Emphasis mine)

Basically, it's as if I never paid them a penny.

It is my understanding that legally, a notice of this nature must be accurate, and this notice was not accurate. There is no indication that I already paid a majority of it, and that I only owed 3 cents (plus late fee). Therefore, from what I've studied, this notice is nullified given the fact that it is asking for a balance which I already paid a majority of.

QUESTION

Is my understanding correct that since the notice has the incorrect amount, that the notice is nullified and invalid?


texts: Would it be against the law/human rights for the government to monitor all mosques? (UK Law)

texts:
I am of the belief that in my country (England) the government needs to start monitoring ALL mosques on at least a biannual basis similair to the way schools are monitored by OFSTED. I believe this would reduce the amount of radical preaching that slips through the cracks (eg Didsbury Mosque)

Would this be illegal or violate any rights/discrimination laws?


texts: How do I address the Recipient of this Non disclosure agreement?

texts:
When a non disclosure agreement (NDA) is between an individual (the Discloser) and a Director of a research institute (the Recipient), how should the Recipient be addressed? Just as an individual or as a director? Or should I address only the research institute? (see example below)

 Option 1:
Parties:
[name and surname of the director] of [address where the director lives]
(the Recipient)
and
[name of the individual disclosing the information] of [address of individual]
(the Discloser)

 Option 2:
Parties:
[name and surname of the director] of [address where the director lives, do I need their personal address?], director of [name of the research institute], [address of the research institute]
(the Recipient)
and
[name of the individual disclosing the information] of [address of individual]
(the Discloser)


texts:
In the second season episode of The X-Files "Red Museum," Mulder and Scully visit the home of a devout vegetarian,  Odin, who refuses then access to his house because they eat meat.

They don't have a warrant, and Odin states that even with a warrant they would still be denied entrance to his house under the First Amendment.

How would this actually play out?


texts: How does the process of a law appointed therapist work?

texts:
Say, for example, when a high school student is charged with a Minor in Possession for possessing alcohol, or with a similar charge for some other controlled substance. My understanding is that for first offences, it's possible that a mandatory session with a therapist or psychologist may be appointed. The student then has to have at least one session with the therapist before any other action is taken towards making a judgement call on the student's acts.

Under what circumstances is this common, and what roles of the law or court system actually handle this kind of processing and interfacing with the therapist and offender?

The U.S. system is the law system I'm focused on, specifically with respect to high schools (if that helps).


texts: In the eyes of the law, is a crime committed by a child too young to be charged, actually a crime?

texts: with the recent JonBenet Ramsey documentary, many people now feel Burke was the killer.  Since he was only 9 yrs old, he could not be charged in Colorado since the minimum age was 10 yrs old at the time (under that age a juvenile cannot commit a crime, so no crime occurred??).  His parents were indicted as accessories (perhaps not the exact term) but never brought to trial.  Many wonder why - is it possible that due to shielding laws, no evidence against Burke could be introduced (due to his age or the fact he was not being charged) and therefore there was very little that could be presented in court?  Can an adult be an accessory to a 'non-crime' if Burke is completely shielded, and in essence no crime was ever committed in the first place?


texts: Paying off fines to enable voting is buying votes?

texts:
In Florida felons have to pay off all their fines in order to regain their right to vote.  An organization is offering to pay off the fines of Florida felons so they can vote.  Some people are claiming that this violates 18 U.S. Code § 597 (Expenditures to influence voting):

Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate;

It seems to me that this is not a violation of that law, since the organization neither requires that the felon vote for a specific candidate nor even that they vote at all.  However, I am not a lawyer.
There's also the Florida law Title IX Chapter 104 Section 061 (2):

No person shall directly or indirectly give or promise anything of value to another intending thereby to buy that person’s or another’s vote or to corruptly influence that person or another in casting his or her vote.

Again, I don't think that paying to enable someone to vote is either buying that person's vote or corruptly influencing that person, but again I am not a lawyer.


texts: What law forces cookie dialogs on websites?

texts:
The Web is now covered with poorly designed, intrusive and ineffective dialogs warning about cookies.

Presumably this is as a result of an EU directive. Which UK law enacts this directive?


texts: Can I use company-licensed Software for private projects?

texts: I got a Visual Studio 2019 Pro License at work, that is registered to my Work-Mail-Account. Now I was wondering if I could also install VS Pro with that license on my PC at home and create stuff with it, or is it restricted to my company / If I would create something, would it belong to my company then, if it's done with the license I got from work?


texts: Would these contractual terms stand up in a court of law (US)?

texts:
I was recently reviewing the contents of a contract agreement (US Based company) when two parts struck me as being particularly harsh.

The parts of stick out to me in particular are:

Clause 3: "Therefore agrees that during or after the term of this Agreement" – How can a company stipulate a condition after an
agreement finished and over. Surely there must be a limit or it will be enforceable for the duration of the persons life.

Clause 4: "If any court refuses to enforce this Agreement, or any provision hereof, because it is more extensive (as to time, definition of business of otherwise) than is necessary to protect the business and goodwill of the Company, Employee agrees that this agreement, or the offending provision hereof, shall be modified to the extent necessary to permit the terms to be enforced in any such legal proceeding" – This seems to state that even if a court decides that some parts are not enforceable, we reserve the right to change them until we can get damages from you in any way. This sounds very harsh.

(Full image of the specific clauses are here and here.)

I was wondering if:

These statements would stand up in a court of law?
Whether companies are allowed to make these types of statements?
Whether employees have the right to push back and ask these to be changed?


texts: Is it legal to copy site content when providing link to original

texts:
Lets say I have a website and the content on my website originates for the most part from other websites. But when the content is from an other website i provide a link to this original content with the notification that the original content is located on said link.

I could say my website sort of functions like a search engine except in my "search engine" the content of my "search results" is also available.

Am I allowed to do this?

If extra information or clarification is needed please let me know!

Edit The "Is Google legal" question does not answer my question, as explained in the answer I am asking about a large portion of a websites content where as Google only displays a small snippet of a webiste.


texts: How do you get an "uncertified copy of birth registration" certified?

texts:
I received an "uncertified copy of birth registration" from the Registrar's office. It looks just like a regular photocopy. I need it to be certified for other official government business.

I simply get a notary to sign it?

If it came from the provincial registrar's office why would it be uncertified in the first place? Why isn't it "official"?


texts: What exactly would count as copyright infringement in a replication paper?

texts:
Cross posted from academia.SE link

I have been following the review process of a replication journal

In particular, it has an open review which can be seen.

On a particular submission they are having a debate about whether copying equations and their explanation in a paper counts as copyright infringement.

I would like to ask this question here, since the answer seems non-obvious.

Equations, by themselves, since they are ideas, should be free from copyright infringement. But to have equations, explanations, replica of figures, and discussion, would basically be a copy of the paper, and I imagine that would be copyright infringement. Where exactly can a line be drawn?

Note: There are questions on stack exchange which ask similar questions, but often in context of building up on previous research. Since the point of such a journal is just to replicate, it would seems that the aim is to build a freely available copy of the existing (perhaps paywalled, copyrighted) material, that can be freely accessed, and this is different intent than regular articles.

Also, answers regarding plagiarism aren't much help in this case as the point is to do "explicit plagiarism" with proper attribution.


texts: Can I create a font based on the Testarossa badge font?

texts:
The testarossa badge is a beautiful work of art and its a shame that no one has made a font based on it.

I am going to guess, someone may have, but Ferarri shut them down - as they are known to do, as they agressively like to to protect their brand.

However, I imagine creating a font that is similar to it in style would not constitute copyright, otherwise Arial wouldn't exist.

I noticed the Boohoo logo has a very similar font style to it, without the inline.

My question is then, could I create a font based on the testarotta logo, so it looks similar?


texts: Does collateral estoppel apply in a criminal case?

texts:
Can a criminal defendant rely on collateral estoppel to preclude the government from proving an element of the crime in a criminal case?
Two hypotheticals:

A woman sues the police for violating the Fourth Amendment because of a warrantless search of an apartment she was staying in for a week. She loses because the government proves that she didn't actually live in the apartment and therefore had no reasonable expectation of privacy.
It turns out she was convicted of a sex offense in college for peeing in public sex offender and required to register whenever she moves. Since she claimed to live at that apartment, the police charge her with failing to register at that address.
Assuming the registration statute applies only to a residence that would be protected under the Fourth Amendment, can the woman use the first case to preclude the government from claiming in the criminal case that she lived at the apartment?

Or:

A doctor submitted a FOIA request to the Department of Health and Human Services for records of all the claims for Medicaid reimbursements he had submitted in the last five years. HHS says no such records exist, so the doctor sues. The court finds that no such records exist and rules for the government.
After that case ends, HHS discovers not only that it was mistaken -- the doctor had submitted reimbursements -- but some of them were fraudulent. It charges the doctor with Medicaid fraud, which requires proof that he submitted a claim.
Can the doctor rely on collateral estoppel to defeat this charge?

To be clear, I'm not really interested in answers arguing that the hypotheticals don't meet the elements for collateral estoppel; I'm just wondering whether a civil case can give rise to collateral estoppel in a criminal case, assuming all the criteria are met.


texts: Receiving PDF book from a classmate to write a book review for the University course evaluation is it a crime?

texts: Let's imagine this scenario: "I was looking for a book online and my classmate texted me oh I have that book in PDF, I can send you. Then I read this book and wrote a book review to complete one of the University courses, like an exam. I heard that it is illegal downloading books illegally, but in this case, did I commit crime unintentionally and can I be sent to the prison or be penalty", I mean by receiving a PDF book of which origin I did not know, I did not know from where my classmate had it? :(((((


texts: What does "no-fault" auto insurance coverage look like for vehicle damage?

texts:
I am asking specifically about New Jersey, which is a no-fault state.

Everything I've been seeing online about no-fault insurance refers specifically to PIP and the source of coverage for any injuries and lost wages from an auto accident.  I'm want to know, though, whether the no-fault concept carries over to damage to the automobile as well, or if that responsibility falls on the insurance of the at-fault party?

The specific situation causing me to wonder this is that somebody hit my car in a parking lot while nobody was in my car.


texts: Daily Caller, Bob Menendez-possible prosecution of online news provider?

texts:
Hypothetically, suppose it were possible to prove that the Daily Caller paid women in the Dominican Republic to make up stories about Senator Menendez patronizing underage prostitutes. Could the Daily Caller be prosecuted for this under U.S. law?
I'm wondering if the fact that the crime would have been at least partially on foreign soil, along with First Amendment protection, would make prosecution impossible.


texts: Is it legal for a company to upsell a customer for paid warranty, even after the customer refused this warranty multiple times?

texts: Linus Tech Tips, a Canadian tech Youtuber, recently did a secret shopper gaming PC series. In the 4th and last video (https://youtu.be/Go5tLO6ipxw?t=114), he explains how the first system seller they contacted, Dell, tried to upsell them multiple times on expensive paid warranty (over 300 CAD), and did in fact add extended warranty to their product, even though their secret shopper refused the warranty each time. Linus called this a scam, and I tend to agree with him, but is this even legal in Canada? And if it's not legal, what would be the appropriate venue for Linus to get his money back? Small claims court seems the most appropriate, but I'm not Canadian, so there might be a better option I don't know about.


texts: Austrian Law about requesting documents not originally required

texts:
Are the Authorities in Austria, allowed to ask for additional documents that they did not previously specify, when one applies for a visa?
For example, when applying for the post-Brexit EUV 50 card, if the required filings (erforderliche Unterlagen) are a vaild passport, timestamped photo, correctly filled-out form, and a valid Anmeldebescheinigung and you provide all of these, are they legally allowed to then demand something not mentioned, like your bank details from 5 years ago?
I would like to read whatever laws pertain to this.
At the bottom of their website it states:
Es kann sein, dass Sie weitere Dokumente vorlegen müssen.


texts: Misdelivered merchandise -- can you legally (if not morally) keep it?

texts:
The FTC says:

  If you receive merchandise that you didn’t order, you have a legal right to keep it as a free gift.

However (for example) Maine's website says:

  A person is guilty of theft if the person obtains or exercises control over the property of another that the person knows to have been [...] delivered under a mistake [...] and [...] the person fails to take reasonable measures to return it. Violation of this paragraph is a Class E crime.

These two appear to contradict.

Does this mean this is actually different across states?
Is the FTC potentially giving people advise that might get them in trouble with their state?
What's the rule on whether you can legally keep merchandise that was mailed to you by mistake?


texts: Can a US state be charged with a crime in federal court?

texts:
Like the title asks: I know that US states (and their agencies) can be sued by the United States in federal court (this is an exception to their normal sovereign immunity). Does this exception extend to criminal charges? If a state or a state agency does something which would result in criminal charges against a private corporation, could the United States bring charges against the state?

Citations would be nice, especially if there have actually been cases involving this.


texts: 3 day notice to cure breach or quit over a dirty bathtub

texts:
I am very frustrated with my landlord.  They inspected my unit while I was at work and yesterday they posted on my door a 3 day notice to cure breach or quit over a "dirty bathtub".  They didn't even give me a warning about it.  In my opinion, it's not that dirty and certainly not to the extent requiring a legal threat.

Also I noticed a typographical error on the notice.  Instead of "Address of : Unit name" it was "Address if : Unit name"

I've always paid my rent on time and I am very quiet.  I am pissed they would treat me like this.  I am thinking of the fighting this.

Is it standard operating procedure to threaten tenants over such a small infractions?  If I take this to court, is a judge going to issue an eviction order over a bathtub whose cleanliness is debatable?  How can I take advantage of the typographical error?