texts:
In the United States, what is the obligation of a police officer to tolerate the Sovereign Citizen obstruction game, lecturing the Officer about the Law and asking questions whose only purpose is to obstruct and take control of the conversation? Is there an acceptable standard for minimum tolerance allowing the driver to play the game? Specifically with regard to the following:

At what point can the officer make the arrest after non-cooperation with regard to identifying oneself as the only cause?
Once the arrest is made, can the officer proceed to search the identity of the driver in the driver's person and vehicle, even when identity is the only cause?
Can the person be transported to a secure facility and held until an identity process is complete, even when the refusal to identify is the only cause?


texts: Is this a Title IX violation and if so, to whom can I complain to?

texts: I reported a sexual assault to a public college that I was a student of and the perpetrator was also a student of. The Title IX coordinator only met with me once, did not call any of the witnesses I asked her to call, disclosed confidential information about where I live to a third party for which I did not give permission for, asked if I was on "anti-psychotic" drugs, and closed the case. There was NO three person panel review for this case, I wasn't aware of half the things she was doing and at the same time, the guy I filed against created a stalking claim against me with huge fabrications and fake emails. On the basis of these fake emails he would present, she took away my access to campus with NO evidence whatsoever. I don't know to whom I can appeal to that is higher than her. I looked at Office of Civil Rights but I don't know what to categorize this offense as. She accuses me of doing things with no evidence and then makes judgments like taking away my ID on them, she is clearly biased and I don't know what institution I can complain to.


texts: Use original trial witness testimony against witness in new trial?

texts:
Appeal court reversed municipal court judgement and ordered new trial.

During the new trial, can I use the officer's testimony from the first trial?

The officer's first trial testimony contradicts video from discovery request videos received after the first trial. Is that enough to show the officer is untruthful?

If the officer is shown untruthful, does that invalidate all of the officer's testimony?


texts: Would a jury have been used in a divorce trial in 1920s England?

texts:
Alfred Hitchcock's silent film Easy Virtue opens with a divorce trial, interspersed with flashbacks.  The film is set in the 1920s, and the trial is in England.  It seems to show a jury meeting and considering the verdict. Is that an accurate depiction of how such a divorce proceeding would have been conducted in that time and place?

More generally, are there any common-law countries where a jury is likely to be used in a divorce proceeding? Or any where a jury would have been used in the past?

(Or would the particular facts of the story in the movie, such as that her alleged lover left her money in his will, or that he died in a confrontation with her husband, have been a basis to convene a jury, even though a typical divorce in those days wouldn't have used one?)


texts:
I copied two functions from a cmdlet script distributed with Microsoft PowerShell v5, inside my script that should run on PowerShell v3. Also I slightly modified it. Do I invalid a license or can I get in trouble if I publish this code on let's say Github? I can't find anything relevant to the licence attached to cmdlet scripts distributed with WMF (Windows Management Framework).

Any suggestion is welcome.

Thanks


texts: Could a federal criminal defendant sue the Senate on 6th amendment grounds?

texts: Specifically, I'm talking about the part of the 6th amendment that guarantees the right to a speedy trial.   I've read quite a bit about the long vacancies in federal judge positions due to the senate not holding any hearings to confirm anyone at all the levels.  So,  if someone's case is held up due to the court being overloaded,  would they have standing to sue the senate for creating this situation?


texts: Is it illegal to start a cult following after a specific person? (Who is unaware of it)

texts:
Evening everyone

Me and a couple of friends have been joking about and making a cult out of one of our teachers at school, if the school authorities were to catch us, would we be breaking the law to be setting up a small cult about a teacher in the school bearing in mind said teacher has no clue this is happening? or is it perfectly legal to do so?

To me its a clash between it being interpreted as "disrespect" but also if they were to try and shut us down, couldnt we claim that they are being religously intolerant as none of us have any other existing religon, so we could claim this as a legitimate following

I am in the UK

Thank you for your time

I'm curious of the outcome

-Jessica


texts: Waiver of liability: can I be required to waive an institution from liability from its negligence?

texts:
A certain University in New Jersey is holding a conference and organising an afternoon of excursions and leisure activities. It requires that participants sign a waiver containing the clause (emphasis mine):

  In exchange for {UNIVERSITY}’s grant of permission for Participant to participate as a registered Conference Participant in an excursion or activity, for himself or herself, his or her parents, guardians, heirs, assigns, agents, and all those in privity with Participant, do hereby release, waive, discharge, and covenant not to sue {UNIVERSITY}, its trustees, officers, employees, and agents from liability from any and all claims, including negligence, personal injury, accidents, assaults, kidnappings, or illnesses (including death) and property or economic loss related to or arising from, but not limited to, participation in the Seminar[sic].

and also:

  I have read this waiver of liability and assumption of risk agreement, fully understand its terms, and understand that I am giving up substantial rights, including releasing the University from all liability related to or arising out of the Conference excursion or activity. I acknowledge that I was provided this document with sufficient time to consider its provisions, ask questions and to seek review of it counsel[sic]. I am signing the agreement fully and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

It isn't realistic for me to seek professional legal advice on a waiver for  an afternoon's excursion. To what extent does NJ law allow an institution to demand a waiver from the negligence of itself or its agents?


texts: Did Rudy Giuliani act as an effective legal advocate for his client?

texts:
Setting aside politics and opinions on the actual merits of the case, did Rudy Giuliani act as a competent legal advocate in support of his client's position in his November 17 argument in federal court in Pennsylvania?
Were there clear mistakes in his arguments before the judge that a reasonable, competent constitutional-law lawyer would not have made?


texts: If you allow another person choke to death with their own vomit, does it constitute negligent homicide?

texts: I was watching the penultimate episode of the second season of Breaking Bad and began to wonder: if all the events in Jesse's room were recorded or something (if there was ultimate proof of everything Walt did or didn't there at that point), would Walt be found guilty of negligent homicide or whatever it's called in the US law? Just curiosity.


texts:
We're a small not-for-profit group (but not yet a registered company) making a web app which allows people to write books, basically. They write the text with the ideas, and we help choose the layout, etc. We're essentially publishers. However, this is meant exclusively for people who want to share their ideas for free to the world.

Recently I've been thinking about the legal complications of this. The works are free - but only for now, I may think about offering payment services to the author - but the author still owns the copyright. And the books are on our servers and people will be able to download copies. And what about the author selling books on other sites like Amazon? What are the ownership complications here, and how, as a very small group of people with no couple of billion dollars to spare, will we resolve them?

Essentially, I'm asking what are the copyright and ownership complications that come with something like YouTube, but for literary works?


texts: How realistic is it to resurrect a dormant C corporation

texts:
Assume that someone formed a C-Corp around 15 years ago in Texas. Then they let it go dormant with the state by not filing any of the required paperwork nor paying any fees. The SoS of Texas lists the corporation as inactive. The corporation never brought in money in its name. Nothing was filed with the IRS.

The C-Corp was filed in Texas by a Texas resident. The filer still lives in Texas.

How realistic is it to resurrect that corporation? Would each and every year's reports need to be filed, and fees paid to the IRS and the state? Or could it just be reported as inactive and brought up to date? I can't find the answer to this online or at the SoS page.

Would it just be more expedient to form a new LLC or Corp? Will the SoS check the stockholders of the old C corp and disallow them to form a new corporation until the old one is dissolved or brought current?


texts: A contract has a penalty depending on choices made by unrelated 3rd party

texts:
Suppose a contract is signed by two parties, Party A and Party B. Suppose that the contract stipulates a severe financial penalty to be paid by Party A depending on whether or not an unrelated party, Party C, performs some action.

Party A has no control whatsoever over Party C.

If Party C chooses of his own accord to perform the prohibited action, does Party A have to pay the penalty?

To me, such a contract sounds more like a form of insurance (or maybe gambling). It seems like it might be invalid simply as a business agreement between two parties who are not in the insurance or gambling businesses.

But such a case is at the heart of a threatened lawsuit, so I thought it was worth checking here to see if anyone knows of case law that might weaken the threat against Party A.


texts: Why is the FBI rather than state investigators looking into these judges who take bribes?

texts:
https://www.publishersweekly.com/978-0-374-28194-6

In personal injury cases in the U.S.A., large amounts of money can be involved and lawyers work for contingent fees. Thus it can be worth a lawyer's while to pay a substantial bribe to a judge.

Scott Turow's novel Personal Injuries is about an FBI investigation of judges in the fictitious Kindle County who take bribes. (All of Scott Turow's novels are stories about lawyers and judges in or from Kindle County in a fictitious midwestern state whose name is never mentioned.)

These are not federal judges. So why would it be the FBI rather than authorities of the state in which Kindle County is located?


texts:
I've been hired to work on a website, and it's the first time that I'm leading a project. I usually only take care of the development part and I'm often asked to sign a non-disclosure agreement. I'm not sure how they work and I can see services online offering to write contracts but I don't know which one to choose, or if I should use one at all.

This contract has to be signed by the designer, and maybe the marketing team later. Some of the work will be done by freelancers living in foreign countries so I'm looking for a way to be covered worldwide. Here are my questions :

Does a contract of this kind have to be validated by a legal authority?
Where can I get assisted online to get a solid and valid contract that I could even use for my next similar projects?
The contract should include a non-competition clause. Can I specify the length of the term?
I see NDA samples online. Is it safe to write one myself by adapting one to my case?


texts:
Are perceived conflict of interests fairly subjective? What can encourage an attorney to recuse themselves from a case or client while another might not?

Is a court of law the final authority on what constitutes a perceived conflict of interest?


texts: Why the system only favour HMRC even if they in the wrong?

texts: How can I apply to the court to refuse or postpone at the least an order for sale of a family home under bankruptcy since my trustee solicitors insist to reserve their clients right to proceed to issue the Application given Section 283 of the Enterprise Act 2002?


texts: Surveillance camera is pointed at the street

texts:
My neighbours have complained to me that the surveillance camera installed at the front of my house is also capturing areas outside my land title as defined in the registry. I haven't checked that but it is capturing some of the street in the background as installed to point at the gate to our house.

Is it illegal to position surveillance cameras in a way that public areas are partially captured or captured in the background?


texts: Can I flight check-in on someone’s else behalf?

texts:
I am not sure if this is the right place to post this and if not please guide me to correct forum.
I am building a software that’ll help travellers with their flights. It’ll auto check-in to the flights for them.
My question is, is it legally allowed or possible to do that? If you remember they have this terms and conditions screen before that you need to agree before you proceed for check-in. I’ll also add all those terms and conditions and ask user to agree on it before using my software and take a consent from them my software will do a check-in on their behalf. But is allowed even?
Also, just for reference, there’s a website passnfly.com that does a similar stuff and I don’t know if they have permission for it or what.
Thanks in advance.


texts: Can a witness be compelled to read a third-party statement?

texts:
In Law & Order, witnesses are frequently asked to read written statements made by third parties. For example, a prosecution witness may be asked to read a section of testimony made during the investigation by a different witness.

Does this actually happen? Can they be compelled to read words that are not their own? If I were a witness, I wouldn't willingly read someone else's words, however innocuous they might be. It seems to me that this could easily be misconstrued by a jury as an endorsement, or in more subtle ways, lend credence to the statement, or change the tone.

Is this something that happens in real life? What would happen if the witness refused to read someone else's words?


texts: Is our website responsible for users' offline actions?

texts:
On our website clients find models for their photo shootings, castings, promotional events, etc.
A client transfers an escrow payment to us and when a model finishes the job we sent the money to the model.
In our "terms and conditions" we do not allow escort services or any other illegal jobs. We do not know any of our clients or models personally and we do not monitor their activities.

What problems with law could we (our website) have if:

(a) clients and/or models do something illegal?

(b) while travelling a model becomes missing?
What should we do to protect ourselves?
Has the website's "terms and conditions" any legal power?


texts: Does the presumption of innocence apply when deciding whether to exonerate a convict?

texts:
I just read an article in the Austin Chronicle (link) about Fran and Dan Keller, who were convicted of a felony in the Oak Hill satanic ritual abuse trial.

Some quotes from the article:

  Their 1992 conviction...has effectively been overturned by a May 2015
  Court of Criminal Appeals ruling 'granting relief' to the
  Kellers...but the ruling was not accompanied by actual exoneration.

  ...

  In the absence of an exoneration from the court, there remains one
  person who can act upon the complete absence of evidence...District
  Attorney Rosemary Lehmberg.

  ...

  In previous local exonerations, Lehmberg recalled, DNA evidence
  eventually led away from the person convicted.  In this case, the
  absence of any physical evidence...has had a perverse result: it has
  thus far prevented Lehmberg from any further action.

While I'm not sure if it's technically correct that there's no evidence of wrongdoing whatsoever, it seems strange to me that in a legal system where the defendant is innocent until proven guilty, an appeals court would not be legally required to exonerate the convict if unable to find any evidence (or the single piece of evidence was retracted, as in this case) with which they could have rendered a guilty verdict in the first place.

Why is it possible for a convict not to get exonerated even if the only evidence against them gets retracted?


texts: Why do you have to accept a licencing agreenment before installing Java but not C++?

texts: There is a license to use Java which you must accept before installing. Why isn't there one for C or C++? If there is, where can it be found? I'm guessing it has to do with how Oracle owns Java, but in a sense can't you say whoever makes the C++ owns it?


texts:
My employer has recently said that I MUST take lunch, at 30 minutes minimum.  Is there anything I can do to fight this without losing my job?

They cite "burnout" as the reason.  I smoke (please avoid the hate comments), and I have 10 minute breaks three times a day for a total of 30 minutes unpaid already, does their argument still stand?

I've been working as a programmer for six years now, and I've been a hobbyist for well over 10 years.  I "work" constantly, I work on home projects as I do professional projects, I spend sometimes 14 hours a day programming for weeks on end.  This has been my "natural state" for that entire time.  I do not "burnout".  Indeed, I've been given pay rises on a frequent basis based on performance.

I feel the extra time I would have to give to the company is totally unjust and doesn't take into account the kind of worker I am.

The law says they can basically do what they want to me, if they enforced it, I'm effectively working through lunch because I don't want to be in the place the work place is, so it's not "free time" then is it.  I'm still at their disposal.  Indeed, I'm pretty much forced to stay in the same chair because there's nothing else to do.

Is there any action I can take where I assert I don't need a lunch break?  AND be able to do that without offending the HR department?

EDIT:
I'm not looking to get into an argument about "You should just take the break ffs", I want a real suggestion of how I can handle this situation to achieve the result I'm after.

EDIT 2:  I understand that people with my "work through lunch" ethic are not the norm.  If I was really to pursue this, it could in fact damage the other members of my team by highlighting that they could also skip lunch, which for them could be very detrimental if they were to choose to do so.  For the purposes of this question only, I'm going to take the selfish route and insist I want the time back.

EDIT 3:  I'd like to try and explain why I feel so strongly about this measly 30minutes a day.  I'm awake for 16 hours a day and I value every second.  I believe I'm a slave and have done for years, work is a means to survive, not a means to feel fulfilled.  You're working for other people's causes, which may even directly against your own personal beliefs.  My own time is the only place I can be myself, and I feel like I'm having my life taken from me while I sit there and watch it happen.  I know this won't chime with a lot of you, but this is what I believe.  Every second they "expect" from me feels like they've taken a part of my soul, not to mention if they say "Oh, and we're not going to compensate you for this portion of your time, either" it's going to really make me want to fight it.  I'm sure in ten or more years time when I've got the wisdom to start my own business I'll see this massively differently, but right now, I want to give the time I signed up for, 37.5 hours a week.  No more!


texts:
I bought a house in 2013 in Ireland, all well and good.
Before everything went ahead, I got a structural survey (recommended, not mandatory).
Conversation with the surveyor went as follows:

Me: I want a survey on my house please
Him: No problem, it costs x. I will do it, then send you the invoice, and release results once payment received

So it was delayed by 2 weeks or so before he actually got back to me and said he was doing it in the next few days. So I thought grand. Another week elapsed and I followed up and he said sorry there was a delay, I will send over the survey asap. Another week followed, and I eventually got the survey.
Even though he didn't mention any payment, he sent me the survey. So I emailed him and said can I have your bank details please and I will transfer the money for the work done. I never heard back.
5 years later, he has now emailed me and said he was going through his accounts and noticed I never paid him for it (which is true). So he resent me the invoice, and his bank details.
To be honest, at this stage I had forgotten all about it, and I know it's not a huge amount of money, but I'm not currently in a position to pay it.
Is it still legal to send invoices this long from the past?


texts: How do I search for an Intellectual Property lawyer focused on software licensing?

texts:
As of today, we have a list of issues in our software product EULA that need to be addressed: export regulations, indemnity, legal entities, etc.

How do I find a specialized law firm (even worldwide)? Using Google I get only a few results and most of the companies found don't seem focused on software licensing.


texts: Michigan - Local coffee shop adding sales tax on a wrapped food item they didn't make or prepare

texts:
I frequent a local coffee place. I normally pay with a credit card, but had cash today and used it. I was charged $2.11 for a food item that was listed for $1.99. This item is prepared and packaged by another local company. This seems akin to a supermarket selling a packaged meat from a different retailer.

If they are not supposed to charge sales tax, is that considered illegal? If it is, would the right thing to do be talking to the store management about it? Out of curiosity, if I did talk to them and they refused to fix it, what would be the next step?

Most of this is hypothetical; I'm not going to stop going there and have little personal concern about the additional $0.12 for this item.


texts:
Originally, eviction was handled as a normal civil tort. That means feudal lords killing each other over land or whatever practical outcome.
At some point there was created a formal eviction process with laws, procedure etc. When did this happen?
Just using Virginia as an example most of our laws were made around 1900 to 1950 so I'm guessing the eviction process was created somewhere in that time.

The legislation of the Colony of Virginia was not even officially published for the first 175 years of its lawmaking history

the 1910s Virginia faced much the same dilemma it would face in the 1940s: an aging Code of 1887, with no official revi- sion for nearly 30 years and a structure straining under the weight of added legislation

Also, other states like NY lacked even basic process, like an appelate system so I doubt they were getting into petty civil issues before 1850.
London didn't have metropolitan government until 1889. France introduced the concept of tenant rights in 1948.


texts: Harassment report from a non-US citizen outside the USA

texts:
A friend of mine, who isn't a US citizen and lives in another country, is being harassed by someone in the US.

Can she file a harassment report even though she isn't in the US?


texts: Are file hash codes really unique identifiers?

texts:
It is often said in judicial opinions and legal briefs that the hash value derived from a file is like a fingerprint that uniquely corresponds to the source file. See, e.g., http://www.ca5.uscourts.gov/opinions/pub/17/17-41116-CR0.pdf

While this may be true in a practical sense, I question whether it is literally true. It is my understanding that the hash function is a many-to-one function, and therefore multiple source files could produce the same hash value. I understand that the utility of the hash function is that making a small change to a source file does not result in a small change to hash value derived from that file.

My understanding was confirmed by posters on the stack exchange computer science website  See, https://math.stackexchange.com/questions/2889072/can-different-source-files-produce-the-same-hash-value


texts: Can I claim compensation for loss of earnings due to work accident in Australia?

texts: I was working in a hair salon in Australia and fell backwards.  I tore my rotator cuff and have slipped disc. I had surgery on shoulder when got back to UK. Can I claim for loss of earnings, etc.?


texts: Concerned about the copyright assignment agreement I signed

texts:
I started a new job and signed a copyright agreement. Basically it says "we own everything you make", and then (the last paragraph says) except a few conditions. The part I'm concerned about is

  ... is not otherwise related to my job responsibilities.

Does that mean if I develop something that could be useful for work (e.g. dotfiles, vm config, note-taking processes), that they own it? Even if I don't develop it for work, or even use it at work? It seems very open ended. How enforceable is this thing?


texts: Can improperly gathered evidence be used to exonerate someone?

texts:
There are many rules governing whether or not a particular piece of evidence can be introduced at trial.  Often, these rules are applied to prevent the prosecution from introducing evidence.  Do the same rules generally also apply to the defense?

For example, suppose officers obtain a DNA sample and send it off for testing. Later, it turns out they needed a warrant, but didn't get one, so the prosecution cannot use the test results. If the test shows the suspect is not the culprit, is the defense allowed to introduce this into evidence? Or are they bound by the same rules as the prosecution?


texts: is it illegal to throw away someone's license/ID?

texts:
Subject is arrested while at work, unrelated to work, and not in civilian/street clothes which has ID.
Held for a few months, employer throws away property, incl. ID.
In order to throw it away, it had to be possessed, which is illegal. It's also legally property of the state,  so illegal on two, one, any counts?
Florida, USA
(Charge was dropped, no evidence.)


texts: Is research in a company for feasibility testing a commercial purpose

texts:
There are many products which are licensed for non-commercial purposes, either paid, free or opensource.

Assume there is a company testing and prototyping some ideas of new products. This does not directly generate revenue, and will not be part of the final product. But the knowledge gained through this experiments will end up in a product.

Does this research stage count as commercial usage?


texts: Does any legislature purport to legislate for everybody?

texts:
Is there any legislator or legislature that has regarded its laws as being of universal application?
It is said in Wikipedia that the Emperor Qianlong was like this, and worked on the 'assumption of all nations of the earth as being subordinate to China', and that 'his final words commanding King George III to "...Tremblingly obey and show no negligence!" used the standard imperial sign off as if the king were a Chinese subject'. I am not sure if he really believed that his laws applied to King George, however.
If Qianlong is not an example, is there another one? Of course, I am not expecting there to be a legislator or legislature that expected as a matter of political fact that everyone would give obedience. It is just whether any had a legal system that, as a matter of pure law, accounted everybody in the world within its scope.
Thanks for any help anyone can give.


texts: What prosecution can one expect for violation of information privacy principles in New Zealand?

texts:
I recently received a marketing letter in my mailbox from a building supplies company that I had never dealt with. Upon contacting them I found out that they had bought a database of people who had been issued with building consent from local council (I recently obtained a building consent indeed, but the papers I submitted had nothing regarding privacy or handling of personal information).

So, what essentially happened is that somebody at the council let my data out and it ended up on the market. This seems to be in violation of Principle 5: Storage and security of personal information, however, upon quick digging through Crimes Act 1961 I could not immediately spot what kind of punishment one might earn by such violation.

Is there a legal mechanism to stop what happened from happening in the future? If I complain to the Privacy Commissioner, what would likely happen?


texts: Is there any way in which a plain electronic copy of a public domain document is copyrightable?

texts:
I've noticed for some time that ProQuest PDF copies of historical newspapers, even from the 19th Century, are marked at the bottom of each page "Reproduced with permission of the copyright owner. Further reproduction prohibited without permission."

This doesn't make much sense to me for contents that would themselves be in the public domain due to copyright expiration.

After searching, I see this statement on a ProQuest-owned site, claiming that even for documents in the public domain, "the electronic versions of these texts are the copyright of ProQuest Information and Learning".

Are the PDFs themselves truly copyrightable if they add no creative content, other than the copyright notices? Can they plausibly claim that even pixel-perfect screenshots of the PDFs are somehow in violation of their copyrights, when the original scanned documents would no longer be in copyright?


texts: First Sale doctrine on digital goods in a virtual world

texts:
For our hypothetical we set the stage using Second Life as an example virtual world. Second Life is hosted in the United States by Linden Labs. SL Terms of Service by Linden Labs.
People can upload stuff into the world. Everybody can see items in that digital place if they have access - which is specifically allowed via the ToS in 1.4. People can buy stuff from one another for (indirect) money with up to three of the following permissions via the system: making Copies, Modifying, and Transfering, which is regulated in the ToS 1.5:

1.5. You may grant certain Content licenses to other users through the Second Life permissions system.
Your interactions with Second Life may include use of the Second Life permissions system and the copy, modify, and transfer settings for indicating how other users may use, reproduce, distribute, prepare derivative works of, display, or perform your Content in Second Life subject to the Agreements.

Common usage is to buy & sell items CM or MT, or to add a specific usage license to CMT packs that prescribe that you only may give away your modifications with either C or T enabled.

Alice uploads an item and sells it to others without specifying such a license. Buyers get the item with CM permissions, so can't give them away but have multiple altered copies.
Bob buys the item. For whatever reason, Alice wants Bob to stop using the item.
Obviously, Alice can't buy the item back since Bob doesn't have the Transfer-ability on that item.
But isn't Alice barred from demanding Bob to stop using her product by the first sales doctrine and section 1.5 of the ToS?


texts:
If a company invents a padlock with some obscure weakness that most
criminals would not guess, is there anything the company can do
(before or after selling it to the public, or within some "user
agreement" contract) to legally prevent people from publishing the
details of that weakness?

For example, this video exposed a weakness, thereby hurting all
owners of the padlock:
  https://www.youtube.com/watch?v=RxM55DNS9CE

In principle, the company could now sue the video's owner for negligence,
but I doubt that the company would win, so I'm here asking if there is
anything the company could have done beforehand to improve its
chance of winning.  Suppose the company and all customers are in
Los Angeles, California.


texts: Can an employer dictate when an employee can take annual leave?

texts:
My employer is trying enforce new rules about how we use our annual leave. Among other points they require the following are the ones of concern:

50% of annual leave must be booked (planned, bot necessarily taken) by September
There must be at least two people in the office on all working days
The manager has priority over leave during the Christmas break this year as he missed it last year (due to the enforcement of rule number 2 that he introduced).

Due to the slightly chaotic nature of my life outside of work, planning leave a long way ahead is extremely difficult. And although I'm not too concerned about needing 2 people in the office at any time it is obviously more of a concern at Christmas. I don't live very far away from my workplace, we have full remote access and I have said I am prepared to be "On Call" for an emergency but am not physically required in the office. However my manager is adamant that I physically need to be here. Also denying out leave during that period to give himself priority seems an abuse of his position.

Am curious what restrictions they can legally enforce?


texts: Interpretation of "the document speaks for itself" in answer to a complaint?

texts:
I've got a question about the complaint/answer process in the context of Maryland regarding a Trust.   (Names changed for privacy)

The complaint included as a numbered averment:

  The Trust instrument, at the first article, paragraph B, also states that “Grantor and others may add other property to the Trust from time to time.” Defendant Doe in the Trust’s accounting statements incorrectly states that all financial assets previously owned by
  Grantor were transferred to and are now owned by the Trust. Notwithstanding the representations made in Defendant Doe’s accounting statements, she never transferred to the Trust Grantor's investment and retirement accounts with a value of approximately
  $$$,$$$.00.

In the answer from Defendant, this appeared:

  Defendant responds to the allegations set forth in paragraph 19 of the Complaint by stating that the document speaks for itself.

How is this answer supposed to be interpreted?   I.E. is it an effectively an admission?

Supplemental Details

In the context, MD Rule 2-323. ANSWER seems to control.   The reason I suspect it may be effectively an admission is in paragraph (e), which addresses the effect of a Failure to Deny.


texts: Can I quote an article which license is CC-BY-ND

texts:
I have a question about direct quotations (i.e. "copy-and-paste" portions of a work - with ellipses "[...]" if necessary -) and paraphrasing the content of a text article which license is CC-BY-ND. As far as I can understand, I cannot produce something which qualifies as a "Derivative Work" from the original article (it's a text article, published on a website), but does that mean I'm unable to:

to share a work which quotes those articles (there is more than one, all with the same license), directly with quotation marks or by paraphrasing the content?
to share a work which summarizes the ideas written in one or more of those articles?
to share a work which summarizes the ideas written in one or more of those articles and adds some personal opinions/instructions on how to follow those articles advice?

I understand that the definition of adapted material of that license is:

  Adapted Material means material subject to Copyright and Similar Rights that is derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in a manner requiring permission under the Copyright and Similar Rights held by the Licensor

but how are the former points related with this definition?

Thanks in advance.


texts: Can a contract signed as an act of submission rather than consent be considered invalid?

texts:
Please consider the following situation:

A (USA) company makes an offer to a (UK) individual.
The company purchases an inbound ticket for the individual.
The individual arrives.
The individual does not have enough money to purchase an outbound ticket.
The company has agreed to pay the individual.
The company now insists that a freshly presented contract (which absolutely fails to honour the offer) must be signed in order for the money to be released.
The individual is left with the decision -- to either sign the dishonourable contract and release the funds, or remain in the USA illegally.
The individual signs the contract, purchases a plane ticket and leaves the country.

The company has demonstrably exploited the situation of the individual in order to coerce signing a contract.

Subsequently the individual wishes to force the company by law to honour the original agreement (which is from the President in writing (email)).

In a normal situation the signing of the contract would void any prior agreement, and the individual loses their claim.

But does that still apply in this situation?  Or does the individual have legal recourse?


texts: Can involvement of third party be a factor lowering culpability and leading to non-prosecution decision?

texts:
A person I know (she lives in Maryland) was a victim of a minor assault where she was pushed around and her face grasped. Thankfully she did not suffer bodily harm. The two assailants admitted the assault but eventually after being held the maximum time without prosecution they were released. Apparently there was some urging by a character who did not care for my acquintance, at least about going to "see" her. I don't think this person was found to be guilty of instigation, but her involvement was deemed to be something close to it - though not worthy of arrest.

According to my acquintance the assailants were in the end released because of three reasons:
1) first time offenders
2) they expressed deep remorse during their extended arrest
3) "will of third party" was involved

I know 1 & 2 can play role in deeming long containment a sufficient punishment - but can 3 also influence non-prosecution decision? Or is she misunderstanding something? I've not heard of this before.


texts: Serving evidence to ex-landlord and being able to prove it

texts:
I am trying to save money as I don't have much to spare. I need to serve the landlord with any documents that I serve the court. Typically this is done through registered mail, but this is expensive where I am. According to their website allowable methods are

give a copy directly to the person
Leave a copy with the landlord’s agent (tenants should note the name of the person)
Send a copy by registered or regular mail to the person’s residential address (or the place where the landlord conducts business as a landlord)
Leave a copy in a mailbox or mail slot at the address where the person lives (or the place where the landlord does business as a landlord)

It seems to me delivering a copy to the landlords house is cheapest. If I do this what should I do if no one answers the door? What should I do if someone who I don't know answers the door? I don't think this happened, but how can I verify the landlord still lives there and hasn't recently moved?

I'm thinking of going with a friend who could act as a witness. Is it alright to take a video with a cellphone of putting the evidence through the mailbox?

What happens if the landlord refuses it? For example he comes to the door and won't take it from my hand, or wouldn't sign for the delivery?


texts: Easement laws in New Jersey, not sure how to proceed

texts:
I bought a property which at one point in time had a functional garage at the back of the property and a driveway leading to it.  Since then the roof has collapsed but the cinder block walls and foundation are good and I want to rebuild it.  The problem is that there is a Verizon utility pole, in the middle of my driveway.

The line runs through my property, not along it.  The pole sits about 15'. from the border of my property and the neighbors. There is no mention of it in the title report, and while it was depicted in a recent survey I had done, there was no mention of any right of way grant.  Whats more, it would appear the pole is only carrying POTS telephone lines to two of my neighbors homes, and both of them have fiber lines running into the front of their homes which are most likely bundled with a digital phone line.

Obviously I wouldn't want to do anything to tick off my neighbors. I plan on talking to them.  I don't imagine it will be a problem,  who uses POTS telco lines anymore anyway? My question is, what would be my recourse after this?  Should I be contacting Verizon or the City?


texts: How could the Electoral College and electors be replaced by a popular vote?

texts:
Curious here. What are the concrete, finite set of steps that would be required to "do away" with the Electoral College in the United States (all states/provinces/etc.), and to institute an election system based on popular votes? I'm mainly talking about the Presidential race but this could be genericized to any vote that is handled by state electors.

I know it would almost likely never happen, I get that. But anything is possible. I'm wondering how, specifically.


texts: Can I breach a non-disclosure agreement if I share a story, but do not identify any of the parties involved?

texts:
Assume that any details in the story would not enable anyone outside the story to infer the identities of the parties involved.
The agreement is a standard NDA between me and a former employer that I signed when I started working there.
Is there a way I can tell my story without violating my NDA?


texts: Why huge acquisition/marketing cost is only in insurance industry?

texts:
It's from

Is a high % agent commission contract clause fraud in your jurisdiction?

  Here is the problem. This seems to only happen in insurance industry.
  Basically we have this insurance product called unit link. Update: In
  Indonesia many insurance companies charge high acquisition costs. So
  100% of premi is gone to pay for the acquisition costs. Actually the
  total amount gone is about 230% of yearly premi.

  Things get interesting because in some companies, even when the
  insurance benefit only worth $10, an agent can set premi to be very
  high (thousands of dollars or even more) and claim that all money are
  "invested".

  So basically customers put $5k on "investment". Agent says "all are
  invested." Customer thinking that all are invested put huge money only
  to see all those money are gone for fees.

  Customers got almost nothing. All money are gone for acquisition fee. About 50% is to pay insurance agent. Customer also get Insurance protection worth $10 and An option to "continue" the "investment" where customers will lost even more money for insignificant insurance cost.

  Basically customer miss the part where it says that 100% of premiums
  are gone for acquisition fees. It's written in contract but quite well
  hidden among terms that's not important due to low insurance portion
  of the arrangement (like how to file a claim).

The customer is negligent in not reading a part of the contract that says that there is a huge acquistion fee. However the part of the fee is well hidden inside other terms and the agent already said all are invested.

The question is this. Why doesn't this happen in bank and other places? Why only in insurance we have this problem?

When we put money in bank we don't check that all money are "debited" right? We don't make sure that there is no 100% acquisition fee on all money we deposit?

When we buy stuff from supermarket we don't read contracts to make sure that we don't owe them 1 million dollars buy buying a bubble gum. But why this can happen in insurance industry in Indonesia?


texts: If a neighbor calls the police and says I'm doing drugs on my property

texts: If a neighbor calls the police and says I'm doing drugs in my house/yard and I'm inside by the time the police get there, do they have probable cause to search my property?


texts:
I was asked to appear to the Judicial Affairs office at my University. Although innocent, they slapped me with "cheating" and "lewd conduct" -- amongst other charges I am unaware of (and are exaggerated).

The major mistake I think I made was signing the Resolution to continue enrollment at the University. They gave me Disciplinary probation for one term.

However, the University is rotten to begin with so I am discontinuing enrollment anyway and applying elsewhere.

Questions:

 1) Will they (the applied-to University) find out about this in a "background check?"

 2) Are they (the applied-to University) allowed to background check? (above)

 3) Well, can't you just appeal the record and have it removed by a lawyer?

Any other helpful answers is appreciated. as I am opting for (3), since: http://forums.studentdoctor.net/threads/can-i-get-away-with-not-submitting-an-old-transcript.591439/

IMPORTANT
Preferably, If I could get away with it, I would just do the time (disciplinary probation) and withhold the transcript upon application into a more desired University.

Also, could I get away with dropping all classes and retaining the excess in disbursement from Financial Aid? Of course, having attended each Probation meeting with the counselor until the point at which I receive the money?


texts: Advantages and disadvantages to claiming Canadian citizenship

texts:
I'm considering looking into whether I can claim Canadian citizenship because my father was born in Manitoba. (I was born in North Dakota, not very far from Manitoba.)

What would be the advantages and disadvantages? (I already know of one potential advantage or I wouldn't have asked the question: some job ads are addressed to Canadian citizens.)


texts: Is it perjury lying to a Med. Examiner. & Funeral Dir. about being next of kin?

texts: Is falsifying a state document (Medical Examiner Report)and lying to the medical examiner along with the Funeral director about being next of kin to a loved one considered perjury and can that person(s) be held in contempt?  My ex-MIL, SIL & BIL lied to the Funeral director about my EX-Husband not having any children - when in fact we have 4, 3 of which are adults. They concealed he committed suicide, had him cremated and a private service for him and would not allow any publication so we would not find out.  I received a letter from D.E.S. about my child support case being closed approx 3 weeks after his death and 1-2 weeks after being cremated and having a service.  We were married for 18 yrs and divorced for the past 8 yrs. My children are devastated and per A.R.S. statue are considered next of kin. They would have never made the decision to cremate their father - they now have not been afforded that opportunity and the Ex-laws MIL, SIL, BIL will not return any phone calls, and will not give cremains back to the children. I even offered to share half of the remains, and she told the Funeral Director we could sue her! Such unnecessary pain and anguish to my children not to mention the expense.  There was no will - he died pennilessly - committed suicide in a hotel paid month to month by his mother. We will have to file in Probate Court first, but we are hopeful it's considered perjury to lie/falsify state documents.


texts: Do search engines need permission to start searching?

texts:
I was talking to my friends a few days ago about search engines and we started discussing whether or not they need permission from websites to crawl them. I looked this one up and it said on Quora that you don't really need permission to crawl them since they are present in public domain and are public property. If the websites want privacy, they can change their settings appropriately.

However, later on, I talked to a few other people who said that search engines like Google and Bing don't just crawl all websites. They only crawl websites which are registered on their SEO or are on their radar and ranking–I didn't really understand this part very much–but that doesn't make much sense either since they'd still need to crawl other websites to be updated.

My question is: If I had a search engine that worked roughly like Google, Bing, etc., do could I just start crawling and displaying results, or would I need get special permission from the trillions of websites out there before I can actually run my search engine?


texts: What happens if I accept work contracts in two EU countries at the same time?

texts:
I am going to accept a job in Dublin, Irealnd but I also have an opportunity of getting a work contract in the Czech Republic. The latter job would be mostly remote (it would require me to visit the Czech Republic from time to time) and I could manage having both of them.

I am an EU citizen. I am going to keep apartments in both countries.

Do I have to notify my employers about the situation? (There is no conflict of interest between these two posts.)
How about the health care? Can I use it freely in these two countries?
Would this situation lead to pension problems in the future?


texts: What is the exact difference between a Wet Reckless vs a DUI? Moreover the financial and penal implications? I am in California.


texts:
I live in Austin, Texas.  The road verge (the strip of grass between my sidewalk and the street) belongs to the city, but I am required to maintain it.  We've had a serious outbreak of political and realty signs being put up in our neighborhood in  the road verge.  It seems like I should be able to do what I please with these signs and that I might even get the perpetrators in some trouble.

But when I google for answers, the question is always whether one owns the strip.  I already know that I don't own the strip.  But I have one data point:  My church is a next to a polling place (also in Austin) and every election there appear dozens of signs in the verge.  A person in the church called the cops once and they said, "Since you maintain it, you control it."  But this is third-hand information to me.

So my question is:  In Austin, Texas, does the homeowner control the road verge and have the right to prevent signs from being placed there?  And second, what remedies would I have against a bandit realtor or political campaign office?

If it matters:  There is no homeowners association.


texts: In Washington State, a private road is just that: a road on private property, as opposed to a road on a public right-of way.  Sometimes these roads have speed-limit signs.  Does ignoring one of these signs carry any penalty besides being asked to leave the property and never return?


texts: Consequences of leaving USA with unpaid rent

texts:
Suppose someone on an H1B visa leaves the country without notice and immediately stops paying rent, breaking a lease that requires 2 months of advance notice and 2 months of rent to be paid to break the lease.
What happens if the landlord sues them in court and they don't have any assets in the USA?
Will this affect their immigration status, such as their ability to return on a visitor visa?


texts: Can online business in one country deny access via terms of service to entities in another country?

texts:
Can an American company state in their terms of service that if an entity is from a designated country they are not allowed to use the service?

In other words would that be a legal and enforceable provision in the United States?


texts: May an employer legally terminate a contract, should the planned funding supporting that contract cease to exist?

texts:
A Canadian university issues job offers for its post-doctoral fellows according to a template in which one reads:

This appointment is a term appointment from [date] to [date], and is
funded, at least in part, from funds external to the University’s
general purpose operating budget. In the event that these funds
cease to be available, your appointment will be terminated.

What is the rationale behind the legality of this clause? (Assuming that the employee's performance is satisfactory) shouldn't the employer be fully responsible for the salary coverage of his employee in the course of his contract?


texts: Accused of criminal offence and then pay the fine but not convicted

texts:
Is it possible that one is accused of a criminal offence in Germany and ask to pay a fine and it was also mentioned that if the fine is paid in within the time limit the case will be discontinued and no public lawsuit will be filled and there will be no criminal record against the person name.
Let assume that the person pays the fine then in this case the person will be convicted or not? Or the case becomes null and void.


texts: Is it possible to renounce your right to divorce

texts: When you get married, is it possible to enter into a contract renouncing both parties' right to a divorce? If that is not possible how much can you limit the right to a divorce with a contract or something similar?


texts: Does a citizen have to open the door to UK police if they do not give a reason?

texts:
I just watched a video of English police talking to a lady through her door. She refused to open up unless they told her why they were there. The police refused and told her to open up or they would force the door. She asked if they were going to arrest her and the police refused to answer that. Eventually she opened the door and they arrested her (I think they said for perverting the course of justice, but I can't be sure because it became a scuffle).
Does she have to open the door without being told why?
I've tried searching for the answer to this but so far I've only found what happens when a search warrant is issued, which seems separate to me, or when an arrest warrant is issued and it's outside a property or the police enter forcefully (as in a drugs bust) but I can't find what happens when this particular situation, a more run-of-the-mill situation.

Edit: I can confirm that the police told her they had an arrest warrant. Still, this isn't about her per se but the general rule/right.

According to this BBC interview with a police officer, On the street they would have to:

explain to you what the grounds of that search is, what the object of the search is.
They need to identify themselves.
They also need to explain to you that you are being detained for the purposes of a search and your entitlement to have a copy of a search record.

It appears that this lady would've had more explanation given to her on the street.
This document by the government states:

The police arrest procedure
If you’re arrested the police must:

identify themselves as the police
tell you that you’re being arrested
tell you what crime they think you’ve committed
explain why it’s necessary to arrest you
explain to you that you’re not free to leave

This seems to assume you've already been arrested or are in the process of being arrested but does not state what should or can happen immediately prior to the arrest.
This site says:

Search without a warrant
The police can enter a premises without a warrant to:

tackle or stop a breach of the peace;
enforce an arrest warrant;
arrest someone in connection with certain serious offences;
recapture someone who has escaped from custody;
save life or prevent serious damage to property;
search a premises where a suspect was during or immediately before their arrest. The search must relate to the offence (or a similar offence) for which the suspect was arrested and they must have reasonable grounds for believing evidence is there;

None of these would seem to me to apply.
I also can see that the officers wouldn't want to say they're arresting her in case she refuses to open up, but then they could force the door anyway, which brings me back to the question, why should they refuse to say?
Any help or insight is much appreciated.

Edit, Additional research:
Section 28 of the Police and Criminal Evidence Act 1984 (PACE), titled " Information to be given on arrest" only states what should happen during or after arrest, it does not mention anything about prior to arrest.
I cannot find anything in the PACE act about producing a warrant prior to arrest.
Part 17.1 states:

a constable may enter and search any premises for the purpose…
(a) of executing… a warrant
(b) of arresting a person for an indictable offence

Which suggests to me you can arrest without a warrant but that is for a breach of the peace and seem to imply some immediate need everywhere I look (I could be wrong).
This interesting answer by a lawyer on a competitor Q&A site (boo hiss) says a warrant is required but it's about search, not arrest.
I did read earlier (but have somehow lost the link) that the police must produce the warrant if challenged and read it to you if asked but without the link I wouldn't trust my memory!
Regardless, I still cannot find anything that deals with this situation where you can communicate with the police through a door.


texts: Howto correctly attribute GPL material in GPL software?

texts:
If one integrates content (code, fonts, etc.) that is published under GPL in a software application that is published under GPL as well, how to correctly attribute the authors of the integrated parts?
In detail it would be interesting to know

How to attribute parts that are integrated in source form? (Where licence information is given in the file header)
How to attribute parts that are integrated in binary form?


texts: Which companies need to comply with Sarbanes Oxley?

texts:
Some companies issue private offerings that are exempt from registration. Some register with the SEC ahead of a public offering. Some become reporting companies.

When exactly does the Sarbanes-Oxley Act apply to a company, and what do they have to do in order to avoid criminal penalties? What about civil penalties?

A company like Spotify was able to do a direct listing on the public markets. This may lower the cost of having an underwriter, and so on. On the other hand, it seems SOX increases the cost tremendously if it is required for all public companies. Can someone clarify the situation, and the costs of going public these days?


texts: What power does the "Translations" section in Trademarks have?

texts:
I have seen that someone trademarked their last name, "ABULAFIA". This last name is very ancient and appears in many scripts and translations dating back 1000 years. The Wikipedia page for this surname has the translation for the name, with some history and background.

The translation of the name is essentially, 'Father of Health" or equivalent. The person who registered this trademark holds a similar variant of the surname. But in the trademark's form it is stated that the Word Mark has no translation in other languages.

It seems that the trademarks are centered around the food industry.  If someone with the same surname opens a food place, will the current trademark holder have much success in court? (basis on the fact that it is a common surename, and it has a translation).

Abu or Abou (أبو abū), literally "father" but also carrying the
meaning "owner",
al or el (الـ), or simply l if the preceding word ends with a vowel, to which it attaches itself, is the definite article
equivalent to "the", and
Afiyya or Afia (عافية ʿāfiya), literally "health, wellbeing" but also carrying the meaning "power".


texts: How can I verify that an attorney in the U.S. is qualified to practice?

texts:
There are two parts to this:

How can I ensure that an attorney is actually legally allowed to act as counsel in a given case? Do I have to need to contact the state bar directly, or are there official listings somewhere?
How can I / is there a way to look up all the cases that attorney has worked on, and how they have performed in those cases?


texts: Where can I find a lawyer for victims of cyberstalking? One can find a criminal defense lawyer but not the one help these victims.


texts: Would this idea to allow drug confiscation be constitutional?

texts:
I had an idea to solve the drug problem, and I want to know if it would be considered constitutional.

Suppose you made "drugs" legal for the police to confiscate, but attached no other civil or criminal penalties to the possession of the "drug."  That way, police can still intervene to take the drugs away and stop people from doing drugs, but you don't have the problem of turning people into criminals or filling up the jails.

Would it violate some principle of property rights to have a set up like this?  To allow the police to take your stuff (drugs) without any other due process?


texts: Does double jeopardy protect a suspect from the consequences of admitting guilt after being declared not guilty?

texts:
I heard an anecdote of a suspect having just been declared "not guilty" due to insufficient evidence, then he said "thanks, I won't do it again". It was used as an example of how dumb some people can be, and how the criminal just got what he deserved... however, can such a thing really happen? Wouldn't the suspect be protected by double jeopardy? (the story is set in a jurisdiction where double jeopardy exists)
Is the trial officially over as soon as the judge utters the final decision?
Consider the following cases:

The suspect carelessly and accidentally admits the crime in the courtroom right after being cleared, like in the example above ("thanks, I won't do it again") Can the decision be altered ten seconds after it's been made? If so, is such a careless utterance enough evidence to do so?
The suspect, having heard about double jeopardy, grins and says openly and voluntarily, right there in the courtroom after the decision: "Haha, in your face! I did murder your wife, but the trial is over so you can't do anything anymore!"
Same as 2, but it happens weeks or months after the trial, the suspect boasts in front of witnesses how he did it and got away with it. (and to not make it only hearsay, let's assume that the boasting contained actual information which could have been used as a strong evidence)

Would the suspect be protected by double jeopardy? If not, what would be the procedure of doing a retrial or a new trial?


texts: Does a Creative Commons license allow me to record a cover of a song recording?

texts:
If I find a musical sound recording that is licensed under a Creative Commons (CC) license, can I record and distribute my own cover of the song? (Assuming the particular CC license does not carry the No-Derivatives provision.) A derivatives-allowed CC license would allow me to redistribute and modify the recording itself, but making a new recording seems like a different category of action.

My concern is that the sound recording is CC-licensed, but the musical work may not be. Does my license-granted right to prepare derivative works of the sound recording include the ability to record my own cover, even if the musical work has not been licensed to me?

If U.S. law alone does not allow this, does the text of any Creative Commons license itself allow it?


texts: Do small wordings like "no manufacturing drugs" matter if a technicality is found? e.g. growing pot isn't a drug

texts: In contract law is small wordings important in the sense of getting out on technicalities important? For example a lease for a rental property may state "the premises may not be used for manufacturing drugs or other controlled substances". Could someone growing marijuana successfully argue that marijuana may be a drug but they weren't manufacturing it; they were growing it? I red in the question about gag orders and warrant canaries, these sorts of tricks don't really work.


texts: Can one pass another vehicle if the line dividing the (two-way) roadway is double, dotted, yellow in California?

texts:
Can one pass another vehicle if the line dividing the roadway is double, dotted yellow in California?

Example of such a line:

Video: https://youtu.be/EL1gieTP3kM.

Note it is a two-way street, where each way has one lane.

What I found so far:

I found the rules for solid and broken yellow lines (as shown below), but not double, dotted, yellow.


texts: Are claimable damages greater for a breach of contract or fraudulent misrepresentation?

texts:
Is the amount of claimable damages greater during a breach of contract or is it greater during a fraudulent misrepresentation?

If company A wants to sue company B due to them being guilty of a fraudulent misrepresentation, would it be better for company A to sue company B for a breach of contract instead, if the particular fraudulent misrepresentation also created a breach of contract?


texts: Can a business charge for the time it takes the business to cancel a service?

texts:
A month-by-month security contract was severed in writing on the last day of the month of May.  The security business continued to charge the monthly fee on June 16 of the following month.  When contacted, the security firm said the billing department received the cancelation notification June 1 and by that time, the new billing cycle had started.  A refund retroactive to June 16 would be issued in July. I queried why the refund would not be retroactive to June 1 to which the response was "well that's the process".
Is the compamy allowed to charge for this additional two weeks of service after the service was canceled?


texts: What determines the time factor in a court reaching a decision?

texts:
Aside from scheduling, what factors determine how long it takes for a court to reach a decision?

My specific prompt for asking is the news that John Bolton is willing to defy the White House and testify if a court clears the way and the Democrats' having a concern that such lawsuits are a delaying tactic but I am also wondering generally.

Is it that judges need time for their clerks to research precedent? Given that there are hundreds of years of case law, is this research open-ended, or does a judge have an immediate "gut" decision on a case and then research is done to find any relevant case law to support it?

(I realize this is a very naive question so if it is not appropriate here let me know and I will delete it)


texts: Why can security guards/bar bouncers physically remove a person and it's not considered battery?

texts:
This is a follow up to this question about when someone can use force on another person. Are security guards or bouncers, such as at a concert or night club, given special privileges since they work at the venue?

Let's say there's a drunk person or someone starting a fight. I've seen bouncers put people in wrestling holds and throw them out. Is this legal because technically they are just removing them from the premises and there's no battery?

If security guards are allowed to do this then what's stopping a random jerk from throwing someone out of a grocery store by shoving them out?


texts: Can ignoring a person on the Internet make me responsible somehow?

texts:
A few days ago I got to know a person on a social network. We had a few days of innocuous conversations on WhatsApp, but then they started becoming intrusive and imposing and didn't respect my time. After I hadn't been replying for a few hours they started telling me off and accusing me. I had enough and blocked them.

The thing is, they are disabled and obviously are having some psychological problems. Now another person which introduced themselves as their partner is writing to me that it wasn't nice of me, they have gone through so much suffering recently and I have to be understanding and all.

Given the emotional instability of my former online friend, if something happens to them, can I, in theory, become subject to legal prosecution? I didn't offend them and never said a wrong word, I just respect my time and don't want to talk to people who don't respect me. This all is very disturbing.

UPDATE: the person is from the US, and I'm from Ukraine


texts: Is there any caselaw on when a sound recording lacks authorship because it was "captured by purely mechanical means without originality of any kind"?

texts: The Copyright Office circular 56, seemingly quoting the House report for the Copyright Act of 1976, says "Sound recordings captured by purely mechanical means without originality of any kind also lack a sufficient amount of authorship to warrant copyright protection". I'm aware of the Monkey Selfie Copyright Dispute, and so of course one could infer something from that from the visual domain. But are there any sound recording cases where a legal decision-maker is trying to actually apply that test to some concrete facts? Putting "purely mechanical means without originality of any kind" into Google Scholar brings up nix.


texts: Should a foreigner have a US-based company to sell through Amazon cloud-based warehouses?

texts:
Let's borrow and expand on Can a foreigner setup an unstaffed company in United States?.

Everyone knows that you can rent computing resources from Amazon.com in the cloud, but not many know that they also offer their physical warehouse and shipping facilities as a service, too, visible to the end-customers as Fulfilled by Amazon.

What would be the appropriate legal structure for a foreigner from Hong Kong to sell products from China through the U.S. warehouses of Amazon to the U.S. customers?  Do they have to setup an unstaffed US company, or a would a subsidiary in their own country suffice?


texts:
Is it legally permitted to quote from legally restricted materials in US?
Let’s say, US government banned/censored a site or book X legally. Now if I refer/quote something in my writings, blogs, sites, books, articles etc. referring to X, is there any legal issue?
For example, if one publishes an article quoting from one of the censored books, can they be legally charged?


texts: Overturning a presidential pardon and double jeopardy

texts:
President Trump pardoned Joe Arpaio of any other offenses under Chapter 21 of Title 18, United States Code that might arise, or be charged. This question asks about overruling a pardon and it seems things are messy since the President potentially has unchecked power. My question is after President Trump leaves office, can a new president overrule the pardon?

My understanding is if the pardon is issued during a the trial the trial would be halted. If the pardon was later overruled the individual would need to be tried again, but double jeopardy would probably get in the way. This might also extend to if the pardon is issued after the charges were filed but prior to the trial. Double jeopardy may also prevent overruling a pardon after a conviction since it would require a new conviction to punish the individual.

In the case of pardoning an individual prior to charges being filed (and possibly prior to the crimes being committed) can a later president overrule the earlier president and hence allow a trial to take place?


texts:
Given the recent increase of space-tourism and space-related activities (Go Mars Colony!) I wanted to ask about judicial jurisdiction.

In my mind, if Organization X sends a colony ship to well... the Moon or Mars, as crimes are committed would they be tried according to the laws of the company that funded the mission? If so, would it matter where the company was based? Would the United Nations have jurisdiction?

I am knowledgeable of how territorial disputes in Antarctica and the North Pole were handled internationally when it comes to jurisdiction, but when it comes to space and the non-static nature of it, how would the same concepts apply?


texts: Guessing forgotten password and breaking into own online account

texts:
If you have an online account and forget the password, are you allowed to guess it? What if you automate the process, like in a brute force attack? Can other things, like the verification code be guessed too?

If relevant I'm wondering about Twitter in particular.


texts:
We are currently in the process of creating a service that records video (in this case in a non-profit tennis court) of the people at the location practicing and/or playing. This is not meant for or used in any way for security or surveillance purposes but the videos are meant to be sold back to the person/people playing or training. This would make for much higher quality video than simply having a friend record your game with their smartphone and wouldn't even need a friend to be there.

We have the owners permission to set up cameras.
The question is: how legal is this?

We are in Sweden.


texts: Is a Lease Addendum Considered Separately from the Original Lease? (Ontario)

texts:
My original lease stated that the tenants were responsible for the utilities, but the landlord put out an addendum which I signed with the following wording:

  Not withstanding(sic) the lease rate with:

  NAME (the tenants)

  The tenant(s) in addition to the monthly rent, agree to pay an additional $45.00 per person per month for the following utilities:

  Water
  Heating
  Gas
  Air Conditioning
  Electricity
  Internet

  All utilities must be used for normal household purposes and must not be wasted. In the event where a monthly utility bill reflects abuse of usage, the entire suite will be charged the difference. Abuse is defined as an overage of usage by 15% of the building average.

  The tenant(s) shall pay BUILDING MANAGEMENT COMPANY on the FIRST day of every month during the lease term. It is agreed that the Landlord's Agent shall have the same remedies in the case of default in payment of any of the above as in the case of non-payment of rent.

  LANDLORD'S AGENT
  signature

  TENANTS
  signature

The landlord claims that this was never intended to be a long-term solution, and that it is not part of my original lease so they don't have to honor it. They're trying to force me to sign a new utilities agreement under the threat of shutting down the power. I've called the Landlord Tenant Board, and I understand my recourse if I'm legally in the right.

Who is correct here? Does the addendum supersede the original lease, or can the landlord just claim the original lease requires me to cover utilities and ignore the addendum? Does this change if I'm transferring the lease?


texts: What are the copyright requirements/restrictions to quote song lyrics and other copyrighted works in a novel?

texts:
I am working on writing a story (not actually sure if it will qualify as a novel or short story or what-have-you, but that's not relevant)
In the story, a character is described to vividly remember the lyrics of a favorite song and "listens" to the song in his mind. the way it is written, the lyrics are quoted in italics interspersed with the actual story.
I also would like to potentially make a quote of a song at the beginning of each chapter; for example:
"I bet a million to one, that there's a face in the fire that burns in the sun" would be quoted from Jan hammer's "Seeds Of Life" in the header of chapter 1, and I would like to quote a "One Eskimo" song (astronauts) as chapter 2's header, which takes place in space from another character's viewpoint.
My question here is; what will I need to do to ensure that I remain within legal boundaries in regards to copyright law?
I am willing to potentially purchase licenses if needed or just re-write my story to exclude the quotes, but I am wondering if perhaps this usage of song lyrics falls under fair use, since in a way I am transforming the songs by including small portions of them as part of the storytelling.


texts: Who owns the rights to top level domains?

texts:
As it is already given in the title: Who owns the rights to the top-level domains?
Especially top domains such as *.com, *.org but also national ones like *.us or *.fr. Is it, in the latter cases, the nations resp. national governments? And who is it in case of the former ones?


texts: Is it illegal to lock the wheel of a car?

texts: Is it illegal to lock the wheel of a car and demand money for unlocking it because the car was parked in an area of reserved use by the person placing the lock in the car?


texts: Class notes -- who owns the copyright: student or teacher?

texts:
This question is basically just curiosity, no actual dispute. But a few years ago I scanned and uploaded http://www.forkosh.com/u715.html to my site, personally claiming copyright (see notice on that page) just so somebody would be asserting copyright. Then I pretty much forgot about the whole thing. But a few months ago, I coincidentally received two unrelated emails from fellow former (but >>much<< more recent:) students, both thanking me for putting my detailed notes online. That prompted me to google the teacher, and surprisingly finding him still at CCNY.

So I emailed him, forwarding both emails I'd received, and pointing him to my online notes in case they were actually still of any use. That started a five-or-six email exchange, during which I mentioned my copyright statement, explaining why I'd claimed it, and offering to transfer it to him, since I considered it his material, with me just the "scribe". But he never mentioned it, one way or the other, so I just left the copyright statement as-is.

But my curious question -- suppose there were a dispute. Who prevails, and why?


texts: Does a grammatical error in a license annul the statement?

texts:
In a license for commercial software, I have recently encountered the following perl pearl of perspicuous and immaculate syntax:

  [company] does not warrant that use of the Software will operate uninterrupted or error free.

Since use cannot operate in any sense, shall the whole sentence be annuled and the license treated as if without it?


texts: Difference between 364 and 366 days sentence

texts:
I just read that a relatively famous US TV personality has been sentenced to 366 days in jail for fraud (hiding about $750,000 in a bankruptcy case). Is there a significant difference between a 366 days and a 364 days sentence (other than the two extra days obviously)?

I learned in another question that there can be a significant difference between crimes with a maximum sentence of less than a year and more than a year, independent of the actual sentence, but that's a different situation. In that case "six months sentence for a crime punished with up to one year in jail" and "six months sentence for a crime punished with up to two years in jail" can make a difference.


texts: Can a company change its contract only for a specific person?

texts:
If a rich man is doing business with a company and they want him to sign a contract, can they present him with a different contract than the one they give to other customers to try and take advantage of him? (And this contract they presented him contains unacceptable conditions.)

I am asking because some contract papers are very long and would take hours to read.

And if a contract contains some ridiculously unacceptable conditions, then are the chances of the person who signed the contract winning in the court high?


texts: Declaration vs Articles of Incorporation

texts: Is the Declaration of a Condominium synonymous with Articles of Incorporation?


texts: What powers do Transport for London revenue inspectors have (for example, compared with British Transport Police)?

texts: Can they arrest or otherwise apprehend you, or demand to search your belongings? What is their repertoire of capabilities?


texts:
According to https://www.cjr.org/covering_trump/viral-nancy-pelosi-photo-clap.php, one photographer from The New York Times was given exclusive photography privileges for this federal government event:

  ...New York Times White House photographer Doug Mills was appointed pool photographer for the State of the Union—a designation that meant he would be the only photographer allowed on the House floor during the event...

That would incline me to think it should be a government record, but since it was taken by a photographer for a private news organization, I'm left uncertain.

So, to rehash: Is the Pelosi-Trump "f-you clap" State of the Union photo in the public domain? If copyrighted, would modifying it into a form of satire allow one to skirt the copyright restrictions?


texts: Can one use a contract to enforce a bluff?

texts:
Amy has been working for Bill for 15 years.  Despite the fact that Bill runs a very profitable company, and that Amy is a very productive employee, Bill has not given Amy a raise in 15 years.  Bill has long promised he will give Amy a raise sometime in the future, but never does.   Amy has threatened to quit, but Bill ignores this because he knows quitting and finding a new job will pose significant inconvenience to Amy.

So Amy goes to a third party, a signs a contract with the third party.  The contract states that unless Amy has received a raise of $2.00/hr by January 1, the third party is entitled to all subsequent wages she earns from Bill.

The third party then gives the contract to Bill. Bill sees that if this contract is enforceable, then Amy must be very serious.  Bill is a rational businessman, and calculates that the cost of giving Amy her well-deserved raise is much less than bringing on a new, untrained employee.

The only question is: Is this enforceable?

EDIT:  Amy pays the third party a small fee. The third party is a business that specializes in these types of contracts.

(Amy and Bill are not real people, so they are having trouble contacting an  attorney in their jurisdiction.)


texts: Does a contract override explicit clarification after agreement to it?

texts:
I recently signed a car insurance policy. The actual policy is large at about 40 pages. After signing it I was curious about specific information, such as who can be considered a "permissive driver". If there were age restrictions, to be specific.

Soon I plan on going on a road trip with my brother that's only 21, but very mature for his age. I wanted to see if he would be covered so I emailed the insurance company's online support. They said he would be covered.

Hypothetically, if the insurance policy said "no one under 25 is allowed to be a permissive driver", would they be allowed to deny coverage? This question is really about a signed contract vs what the company said in writing at a later time. This is completely hypothetical, as there is no provision in my policy that says that.


texts: consumer protection in obtaining legal documents from a car dealer

texts:
I am 85 years old and recently purchased a Frontier Truck from Nissan World Car.
The truck is a 2019 and was damaged on the hood and top of the truck, however, in good faith I agreed to purchase it providing the vehicle would be fixed.  I took the vehicle  back to the dealer and they provided me with a loner.. They took 3 weeks to order a new hood and replace it.  On Sept 8 I picked up the truck, Saturday and Sunday I noticed a dent on the top of the truck and went back to the dealer and the service department said they could not do anything until the salesman made an order.   The salesman came out to view the damage and he said that I might have been hit by a rock of something.  I told him it was not damaged when I
dropped it off and he said he would call me back bu hasn't to date.  I kept trying because all my vehicle documents were missing, they claim the papers were not in the loner or the truck and I get no response from the dealer.  I do not feel that I should be treated this way and only want the truck fixed and a copy of my contract given to me.  Also I had purchased a 2019 Nissan Sentry in Feb and returned it back for the 2019 Frontier because the car was too low.  I know owe $37,000 dollars.  Whatever help you could give would be appreciated Thanks


texts: What is the reason behind the FMLA requirement of working at a location where employer has at least 50 employees?

texts:
I currently work for a large company (>50 employees) that is denying my eligibility for FMLA because I reside in a state that has only 15 employees in that state. The company I work for does not have a physical office (I actually work from home) and claims the client site to be the office location. The client site actually has many locations across the US which would more than qualify me for FMLA.

Is my understanding of the following exclusion correct?

ii) any employee of an employer who is employed at a worksite at which such employer employs less than 50 employees if the total number of employees employed by that employer within 75 miles of that worksite is less than 50.

My assumption for this exclusion is to protect a small business that could be negatively impacted by one or more employees taking FMLA due to the difficulty of finding a temporary replacement within 75 miles of the office.

If the assumption above is correct, what if the position is able to be filled nation wide since it is a work from home position?


texts: Is it illegal to state in your website that an employee of a company emailed you?

texts:
I have an open source project regarding software used in banking and I have received emails about it from employees working in top banks/consultancies.

I am considering to mention this in the website, so I am thinking whether I would have any legal trouble if I do so.


texts: In English law does a joint tenancy convert to a tenancy in common if a new tenant is added

texts: For example, say I were to have a contract with 3 others. And all the requirements being met, we would have a joint tenancy in a property. If we (landlord included) were to amend a new party to the tenancy agreement, would this negate the unity of time requirement for a joint tenancy, and would we therefore have a tenancy in common?


texts: Which takes precedence, conversion or bankruptcy?

texts:
Suppose Mr. Investor gives $50,000 to Mr. X to invest in his business. And suppose instead of investing in the business, Mr. X gives the $50,000 to his brother, a day or so later. That would be conversion, I believe. And let's assume that this money was easily traceable.

Suppose Mr. X later files for personal bankruptcy. The bankruptcy trustee will want to pull the $50,000 of "fraudulent conveyance" to the brother into the bankruptcy estate. But the investor files a conversion claim for the same amount?

Who (the bankruptcy estate or the investor) gets priority on the $50,000 in such a situation? Is there a legal means of determining this?


texts: I purchased a new condo June 2017; There was something about the property that wasn't disclosed to buyers. It was on the survey map? but the appraiser admitted to me he didn't catch it and advised me to immediately sell the property. I have the conversation documented and a pending complaint with the state board. I think they are trying to find a way to rule in his favor and not mine and that is why it has taken almost six months for their decision. However, I would never have purchased the condo if I had known about the issue. I put most of the money down and I have a white elephant; the condo's are unsellable unless I take a massive financial hit. I have developed a health condition related to the worry, anxiety, and depression because of the situation. Can I send the appraiser a certified letter making a claim or do I need an attorney? How do I establish my loss? Is it the full amount and he can have he keys to the condo?


texts: Is it legal to carry any kind of weapon in the UK?

texts: Concealed or otherwise is it legal for a private citizen to carry any kind of weapon for self defence purposes in the UK?


texts: Notary refused to notarize letter written in foreign language

texts:
Today I needed an authorization letter notarized for a visa my daughter is applying for. Since I speak the language of the foreign country, I used that language for the letter. And when I went to my usual notary, he refused to notarize it because it is not in English (or, more properly, I guess, because he cannot understand the language).

After a brief search, it looks like this is fairly standard. But my question is why. Looking online, I find phrasing such as

  The notary public is a commissioned representative of a state government and is charged with verifying your identity as the signer, ensuring you sign under your own free will, and witnessing the signing event.

Doing that doesn't require understanding the contents of the document.
Other sites, including the corresponding the Wikipedia article, list steps that a notary should take, and none mentions "reading the document and understanding it".

So, the question is

  Why is the notary required to understand the document I present him, when all that needs to be done is to certify that my signature is mine?


texts: Who has authority to sign on behalf of company

texts:
When it comes to corporations, who has the authority to bind a company and what evidence should they provide to prove this please? I assume company officers do have the power, but how can this be validated for sure? I am using the state register database, but it only has the registered agent.
They also want credit card information for this!
I ask for a contract with an employer, which are requested modifications to. The company says the project manger will sign. I requested for the signature from the registered agent. The point is how can I trust a verbal confirmation that x or y has the authority to make modifications to the company policy?


texts: Can our HOA require us to help purchase unused properties in our subdivision?

texts: Our HOA held a vote to buy 3 unused parcels of land in our neighborhood. The purchase requires us to pay an additional $763 on top of our annual fee. Am I required to help purchase this property for the HOA? If so do I have any land and title rights to said property?


texts: How to handle an issue not covered by the renter's agreement?

texts:
Ideally, all possible scenarios are covered in the lease contract or rental agreement. Some things are not mentioned, however, and these can inevitably cause friction.

What actions can be taken if something happens that isn't covered by the lease? What options do I have?

I know the following:

Try to work it out with the landlord:

Ask nicely.
Ask firmly, repeatedly.
Threaten to sue.

Hire a lawyer to study the case more closely.


texts: When to return home to be eligible for free/reduced tuition fees in an Accelerated Masters starting a year after graduation in Scotland?

texts:
If somebody resides in Scotland from birth until their summer graduation, but then takes up a job in England the following month, by which date must they return to Scotland to be considered 'ordinary resident’ there on August 1 the following year - and thus eligible for reduced/free tuition fees for a two-year Accelerated Masters in another subject?
https://www.gov.scot/publications/helping-meet-costs-learning-training-guide-funding-2019-2020/pages/4/


texts: Financial responsibility of payoff of totalled car

texts: My daughter wrecked her car years ago and totalled it. My wife co-signed the loan. The insurance check to pay for the car was sent and my wife mailed it off to the bank that financed it. A time later, the bank calls for payment and my wife states that it was mailed off to the bank for repayment. The bank has no record of it being sent. It has now gone into collections. We have no recourse that we know of. Looking for suggestions.


texts: Requirements for assignment of debt or benefits of contract to a third party, in UK law

texts:
My question is, what is required under UK law to assign the benefit of a debt or small contract, to a third party. Although it relates to an actual dispute, the question itself is simply about legal process and facts of law - no advice is sought or needed beyond that posed in the question.  Therefore I am also abstracting the question completely, to make it as widely applicable as possible.

Question

A, B and C are private UK based individuals.

A is due money under a contract with B.  A has performed their part of the contract so the only contractual matter outstanding is A receiving their money from B.  For personal reasons, A now wishes their friend C to become the sole beneficiary thenceforce, so that C can claim from B the monies or any other contractual benefits previously due to A, or if needed, C can sue B for their non-payment/non-delivery (if that happens).

The motive for this is partly, that C will give A a sum of money, and will subsequently have full rights to receive, collect and enforce the debt owed by B in exchange.

Can A and C enter into such an agreement of assignment without seeking B's consent, and what form must such an agreement take to be legally binding?

Note:  It is assumed that the contract does not explicitly forbid this, nor is the contract related to real property or a lease/tenancy, or a business.  The debt/benefit is small, under £500 in value, and relates to a deposit that A previously paid B and which B now must repay to A.


texts: Are civil ICE detainees unconstitutionally punished, if the conditions in ICE centers are more restrictive(punitive) than maximum security prison?

texts:
Jurisdiction: Texas

Facts:

Juan Martinez at 19 years of age pleaded guilty to distribution of  undisclosed controlled substance in exchange for 5 years of
probation.( Lets say violation of Texas Health and Safety Code
481.113(a).)
Juan successfully finished probation and has remained drug and crime
free. He is now 29 years old, has a family children house, business
etc...
Now at 29, ICE initiates removal proceedings.
ICE charges Juan with aggravated felony,INA 237(a)(2)(A)(i) which disqualifies him from eligibility for bond, for the duration of his immigration
litigation.
ICE transports Juan to a Detention Center that is more punitive than federal prison. Unlike a maximum federal prison, Juan is stuck
in a large room most of the day. He
has no access to outdoor recreation, no access to educational or rehabilitative programs, and his access to law library is restricted to one-three hours a day. (Law library in federal prisons is closed only during count or evening)
See https://www.law.umich.edu/special/policyclearinghouse/Documents/RI%20Maximum%20Security%20Orientation%20Handbook.pdf
compare with
https://www.ice.gov/detention-standards/2011

By exposing Juan to conditions of confinement more restrictive than a maximum security prison, did U.S. government violate Juan's 6th Amendment right to trial, 5th Amendment right to due process before punishment, and 8th Amendment Right against cruel and unusual punishment?

Relevant Law

  "In evaluating the constitutionality of conditions or restrictions of
  pretrial detention that implicate only the protection against
  deprivation of liberty without due process of law, we think that the
  proper inquiry is whether those conditions amount to punishment of the
  detainee. For under the Due Process Clause, a detainee may not be
  punished prior to an adjudication of guilt in accordance with due
  process of law."

Bell v. Wolfish, 441 U.S. 520, 535 (1979)

  "A deportation proceeding is a purely civil action to determine
  eligibility to remain in this country, not to punish an unlawful
  entry, though entering or remaining unlawfully in this country is
  itself a crime. 8 U.S.C. §§ 1302, 1306, 1325. The deportation hearing
  looks prospectively to the respondent's right to remain in this
  country in the future. Past conduct is relevant only insofar as it may
  shed light on the respondent's right to remain. See 8 U.S.C. §§ 1251,
  1252(b); Bugajewitz v. Adams, 228 U.S. 585, 591, 33 S.Ct. 607, 608, 57
  L.Ed. 978 (1913); Fong Yue Ting v. United States, 149 U.S. 698, 730,
  13 S.Ct. 1016, 1028, 37 L.Ed. 905 (1893)."

I.N.S. v. Lopez-Mendoza, 468 U.S. 1032, 1038 (1984)


texts: Under the new IR35 guidelines.. what if I don't have a contract at all?

texts: Say i go into work every day and am essentially an employee. But as I was found through a friend of the boss, there was never a contract. I just get paid into my company and draw dividends from it. Surely if I don't have a contract then i am in theory my own boss. I can leave whenever, they can replace me whenever etc.. and i therefore fall outside of IR35?


texts: Can the court decline to enforce a divorce rider? particularly if it is unreasonable

texts:
Admittedly due to my own negligence a rider made it into my final divorce agreement that I'm trying to fight. My SO is not allowed in the presence of my children. I agreed to that in the temporary agreement ONLY and it carried over because I didn't speak up.

We have an enforcement hearing today and for the following reasons I'm going to argue that it is unreasonable.

There is no safety concern for the children.
We both live in the same town and can end up at the same store.
Our kids are roughly the same age and therefore could end up at the same park/school.
The kids are with me 12/14 nights.

Is it a possible outcome that the court declines to enforce the motion? or am pretty much going to have to take it now and wait for the modification hearing (still waiting to be scheduled)?


texts: Salesperson misquoted price. Do I have to pay back the difference?

texts:
Background

I purchased something from a local store. The salesperson made a mistake and quoted me a lower price than what should have been. I made a down payment since they didn't have what I want at that moment. A week later I paid the remaining and got the goods I asked for. Days later, the same salesperson called me (I left my number with the down payment), saying he under-quoted one of the few items. He asked me (with good attitude) to pay back the difference. I decided to be a good guy and deposited the difference to the store's bank account.

I though wonder if I am legally required to pay them back.

Question

In the case that a salesperson made a mistake and gave an underpriced quote to a customer, after the service had been served or the goods had been delivered, and the customer had paid in full, can the salesperson (or the store) legally demand the customer to pay back the difference?