texts: If legal documents need "fill in the blanks", or if you can do it in a more structured way

texts:
In legal documents you often find stuff like this:

Lorem ipsum.

I ______________ will do ______________ by the date __________________.
Until then, ________________ will be the contact point for ______________,
herein after called ______________.

Lorem ipsum.

If you fill it in it might look like this:

I _Foo__________ will do _Bar__________ ("The project")
by the date _Baz______________. Until then, _Hello____________ will
be the contact point for _World________, herein after called "Client".

I am wondering if, instead of doing this sort of "fill in the blank" style, you can just basically have an index of all the fill-in-the-blank values. So the whole document might look like this.

Project Brief

<Date>

Inputs

Provider: Foo
Project: Bar
Project due date: Baz
Contact: Hello
Client: World

Article 1

The Provider will do The Project by The Project Due Date.
Until then, The Contact will be the contact point for The Client.

I am wondering if you are allowed to do this in legal documents, or if there is an unspoken rule/requirement that you need the fill-in-the-blank style.


texts: Do public schools have the authority to fine parents money for being late?

texts:
My friend has a child in elementary school, and he goes to a public school. Apparently, at the end of the school day, if the parents are late picking up their kids, the school charges them $10/minute that they are late. So, if a parent gets caught in traffic and is 10 minutes late, that would be a $100 fine. And we live in Atlanta, Georgia where unexpected fluctuations in traffic can sometimes strand you for close to an hour or more. If that were to happen, and a parent were an hour late to pick up their kid, that would be $600! This sounded very dubious to me. Do public schools really have the legal standing to fine parents like this?

I found this question but I didn't see any reference to money/fines.

Thanks.


texts: Who is the data controller of users' data of a SaaS platform?

texts:
Person A is an employee of company B, which in turn is a customer of a SaaS platform from company C. Both companies are within the EU.

The B company uses the software to keep track of its customers, making the B company the data controller of that data. The C company is then obviously the data processor.

As a user of the software, person A is providing data about herself. Under the GDPR, who is the data controller of that data? Is it her employer, company B, or is it the SaaS provider company C?


texts: Has a data loss taken place if, after the fact, it is discovered that the data was never lost

texts:
Data on external media was misplaced and all the protocols to report it as lost were followed.

A few months after, the media was discovered. It never left the secure location.

Given that data was never lost, how should the case be filed respecting GDPR and DPO legislation?

Precedents I can reference would be of great help.


texts: Will the GDPR apply to small hobby clubs?

texts:
When it comes into force, how will the General Data Protection Regulation affect small hobbyist organisations? Will it apply to, for example, student societies that are holding lists of email addresses for their members?
What about sports clubs or similar, with a small number of members whose data is being maintained?

For reference, these organisations are based in the UK.

(I have tried to find this information on Google, but the only results are business specific.)


texts: Filing a Federal Criminal (not Civil) Complaint

texts:
I want to file a Federal criminal (not civil) complaint in California under...

Conspiracy against rights - https://www.law.cornell.edu/uscode/text/18/241

Frauds and swindles - https://www.law.cornell.edu/uscode/text/18/1341

I see that the Complainant files the form at https://www.uscourts.gov/sites/default/files/ao091.pdf

but it requires it judge to swear to it. Do I make an appointment with a Federal Judge?


texts: How do I copyright a song with my lyrics but a public domain melody?

texts:
I used a melody from an old Eastern European folk song and my own lyrics to record myself singing and playing the guitar.

Do I copyright just the lyrics and just the performance or copyright the whole thing?


texts: "GPL version N or later"-licensed code and publishing an EULA as GPL v4

texts: Oftentimes source code is licensed as "GPL version N or later". But what stops some company from taking their EULA, publishing it as GPL version 4 and happily using whatever code they want to use in a way they want to use?


texts: Is it normal for the client to own all IP for work created by a software contractor?

texts:
Usually when a contractor creates some new solution for their client it is understood that “tools of trade” used by the contractor are owned by the contractor, while any new IP created for the client is owned by the client.
What happens when the client wants to own all the IP? Does this ever make sense?
Wouldn’t that make it impossible for the contractor to build anything similar for other clients? How would the contractor grow their business if they stopped using tools of trade? Do these things even get enforced legally (how would one prove the solution was repeated elsewhere and thus infringing on IP rights?)


texts: Under HIPAA, do I have the legal right to see the electronic records themselves?

texts: According to US Health and Human Services, if my provider keeps an electronic medical record, I have the right to view an electronic copy of my records. However, this guidance is unclear on one thing: If my clinic stores my record in its system as a Clinical Data Architecture file, do I have the right to view my record as a Clinical Data Architecture file? Or can the provider legally refuse such a request as long as they are willing to give me my medical data in a different electronic format - such as a Word document?


texts: Legality of not-so-obvious rental discrimination

texts:
I'm a non-German working in north-west Germany since a couple of years.
I was searching for housing for about a month or so, but never got replies from landlords regarding appointments. The only replies I got were 'not available anymore' emails.
So I got curious and decided to an experiment, so to say. I asked my girlfriend (a German) if she could also send showing appointment requests to the landlords. We both send requests, same written emails, with names changed.
Lo and behold, she always got calls or email replies giving away appointments, whereas I would not receive any replies, only a 'not available anymore' message sometimes.
The posts from apartments we applied to were operated by agencies, not private owners.
I found this document(III, Clause 6) online, which briefly talks about rental discrimination:

However, there are also forms of discrimination on the housing market
that are less obvious. One such form is when the landlord only pretends
that the apartment has already been rented out to someone else.

What's the legality of this situation? Am I being discriminated against by these landlords(companies)?


texts: Citizenship UK from permanent residenship

texts:
I just received my UK permanent residence  as EU for the period from Nov 2010 to Dec 2015. Now to apply for UK citizenship I know you need to have the permanent residence for at least 1 year. Is that year calculated from the moment you receive the card or from when you have been granted permanent residentship?
I will explain in another way:
The actual permanent residence card starts from November 2018 (the month the card has been issued) because I just applied for that (again for 5 year 2010-2015).
However in the attached document states I have been granted residentship from Dec 2015.

Which one counts to calculate 12 months of  permanent residence status?


texts: What limited legal rights do bondholders, suppliers, and employees have in a corporation?

texts:
According to this article corporations prior to the 1970s were run differently; until the idea that Milton Freidman put forth that a corporation's job was to maximize shareholder value; before that bondholders, suppliers, and employees had equal limited legal rights with the shareholders; quoting from the article:

  "In this regard, shareholders stand on equal footing with the
  corporation’s bondholders, suppliers, and employees, all of whom also
  enter contracts with the firm that give them limited legal rights."

What were these limited legal rights, and how was this different from the way corporations worked post Milton Friedman?


texts: Is it *ever* illegal to intentionally put a wrong return address on demand letters?

texts:
While I was going through some old mail, I discovered that I received two returned letters which were addressed to the same individual.  I don't know the individual.  The two letters were
dated about 1 month apart.  The return address had my street address on it, but claimed that it was sent from "an agent of" some financial services company X.

I did not open the letters.  Based on what I did see, my assumptions are as following:

This is a debt collector who does not wish to reveal their true location.
The debt collector does not understand the law, or understands it all-too-well, and wants to mask their physical location to protect themselves against a retaliation.
The wrong return address was not printed on the letters by mistake.  Since the entity sending the letters purports to be a services company, it sends a lot of them.  If there was a mistake, it would have been fixed over the period of a full month.

My concern is that whoever is receiving the letters (unlike the ones which were returned to me as "undeliverable"), may be unstable and potentially dangerous.

I called the non-emergency police line and the dispatcher said they could not look up if there was any current investigation into the company mentioned on the return address.  I still haven't opened the letters in case there is another law-enforcement entity which may wish to examine them.

Both "send" and "return" addresses are in the state of WA.  Should I call the FBI's general line?  It is, after all, Federal mail.  Or is this perfectly legal and I should just return the letters to the post office?


texts: In general should court documents not be disclosed?

texts:
I am in Canada and have brought a dispute to the Civil Resolution Tribunal. The defendant has replied. He claims that there are several people (who I know) who are prepared to corroborate his side of the story. I would not be hard for me to get in touch with these people and ask if it is true, that they are planning on getting involved in the dispute. Should I do this? Can I present them with the document where the defendant claimed they would corroborate his story?

By the way, in this context what's the difference between corroborate and testify?


texts: I hear black people using the N. word when referring to other people quite often on the internet and on YouTube and it seems to be legal or at least there are no  complaints. Would it be legal if a caucasion used this term? If not there would appear to be some injustice and surely the white person would be entitled to claim reverse discrimination. Can you shed some clarity on this issue?


texts: How do UK pranksters "trollstation" get away with repeatedly impersonating police officers?

texts:
This video is one of many in which the YouTube prank posse known as "trollstation" impersonate police officers and run around the streets of London generally causing mischief.  I always thought that impersonating a police officer was a very serious crime under English law, but they don't seem to get arrested or punished, despite widely publicising their pranks in videos seen by millions of people.  They also seem to commit the separate crime of wasting police time, for example by approaching cops in the street and falsely confessing to crimes.
My question is, is impersonating a police officer only illegal in some circumstances? (They notably aren't using the costume to get any kind of benefit or con anyone)  Are they just lucky not to get arrested?  Or is it simply that the police don't charge them because the negative PR of arresting beloved YouTube personalities who are very popular with young people wouldn't be worth it?
I guess I'm just amazed this is legal.
https://www.youtube.com/watch?v=yL8WUHewGM0


texts: Is it allowed to sell 3D models of existing brands?

texts:
Case: I make 3D models for architecture. Now I made a bundle of IKEA furniture to use in my interior scenes. I do this for clients to give them a visual representation of what a room can be.

Because its very time consuming and the models will be used just a couple of times I want to sell the 3D model (a digital object) on an online market place. What is the legality of this?


texts: Membership cancellation and poking the bear

texts:
I would like to start wearing a shirt to ABCGym stating something to the effect of:

  ABCGym refuses to refund payment it accepted for membership to a gym ABCGym closed.  ABCGym has substituted an inferior-to-me option.

My question has two parts.  The first is more of legality and definition.  The second is more around what could they do.

Can it be construed as libel, solicitation or something else I probably should be aware of?  Though it might tarnish the image, assuming those statements are true I believe the criteria for libel would not be met.

To solicitation, they have a broad and basic anti-solicitation policy, including "Any solicitation within any club is absolutely forbidden."  While provocative, I don't see that this can be defined as soliciting.  Even if I were to list competitors,  without me benefitting from any sales that still seems at worst a gray area.  Am I misinterpreting soliciting?

As to recourse, sure they can ask me not to wear it.  Were I to refuse to remove the shirt, could they bar me from using the membership without refund for doing something that is legal and within dress code, but deemed naughty in their sight?

Edit:  Background

I joined XYZ 22 years ago.  ABC bought XYZ four years ago.  At the time of ABC buying the XYZ, my membership was specifically to location A.  It remained so after the purchase and we continued under essentially that agreement (I now pay annual dues to ABC in return for membership to location A).

In late September, ABC accepted annual payment, then announced about five weeks later they were closing "my" gym (location A).  It is, IMO, a bit disingenuous at this point to accept payment on an agreement they likely knew they were going to alter.  On Nov. 30, they closed location A and transferred me to location B.

As to why it's bothersome, admittedly part of the issue is annoyance with just being told, in effect, "We broke the agreement, and you'll take what we substitute."  But more materially it's a matter of:

adding 9-15 minutes travel to every workout;
being more crowded;
more tightly spacing equipment;
less of the equipment I use;
worse condition of the equipment;
fewer "spare" weights; and
smaller open training area.

Two have asked:

Prior to reaching this point, I attempted...

a request over their website without response;
speaking to a person in the cancellation department.  I was directed to the talk to a manager in club;
speaking to manager I was forwarded to the GM/Operations Manager;
emailing with the GM/OM cited due to the type and history of the account, no refund was possible;
a second request over the website without response;
calling the membership department.  After time on hold the representative relayed the supervisor's statement it wasn't possible because they have another location within 25 miles;
Still awaiting a call from said supervisor that was supposed to occur 12/26.

Resolution
Before it came to the shirt, inquiry with BBB led ABCGym contacting me and refunding the remainder of my contract.  I expect the Yelp review that has been marked as helpful and 1-on-1 discussions with a number of people, they've lost far more in business than the $131 they finally refunded.


texts: What limits a court's power to order a company or private party to do anything?

texts:
Let's take the current case of the FBI vs Apple. The FBI wants the courts to force Apple to enable the FBI to crack a previously uncrackable password.

What limits are there on any court's power to order Apple (or any private party) to do anything? (Particularly when the private party is not a litigant or a defendant.)

Can a court order a (third) party to do an impossible act? (E.g., crack an uncrackable code).
Can the ordered party be punished for not doing the impossible act they are ordered to do?
What if the act is not provably impossible? (As no act can be proven impossible.)
What if the act is possible but very expensive?

What jurisprudence governs (enables or limits) a court's power in such circumstances?


texts: Defendant compensation after not guilty verdict

texts:
My friend is currently a defendant in a criminal case. In my opinion, based on what I know about the case, it's likely the verdict will be 'Not Guilty', and that the evidence is based on faulty testimony. There has been no physical evidence. I'd like to give details, but as an ongoing case, AND due to the nature of the accusations, I won't. Basically, (IMHO) the testimony is based on lies, and the imagination of a young person.

The case has brought tremendous stress, resulting in an impact to their health and financial impact on my friend.

They've been informed that should they be found not-guilty, they can only expect his travel expenses to be reimbursed.

My thoughts are that if they are declared not guilty, then the accusations against them are not true, and thus easily fall foul of Libel laws in the UK, at the very least.

It cannot be right that in a civilised country, a wrongly accused person should be left with only suffering, both in mental and financial hardship terms, from false accusations.

Once they are found not-guilty, what can they do to recover the costs of legally defending themselves, and also to account for the impact to their health?


texts: Is an attorney allowed to refuse a detailed bill requested by the client?

texts:
I kind of have multiple questions under the scope of lawyer fees. They're about a federal white collar criminal case of this friend of mine. I won't get into details as these are rather general questions. Thanks in advance for your help!

So the attorney has a certain flat fee rate. My first question is, if the attorney were to be terminated, **how should the fees be calculated? **By hours/minutes, or by blocks of work completed?

Second question: Are lawyers even allowed to have 'after hour' fees. For example, a lawyer working on a case charges one fee when he/she works during the day (9pm-6pm) and another higher fee if he/she works on it during the night/weekend. Are they allowed to do so? Some lawyers haven't even heard of this system so I just want to confirm. The mentioned friend (the client) retained a lawyer that purposely work after hours to make more money, and does not make any form of communication during the day. Should that be allowed?

My main question: When a client has terminated a lawyer, and they request a detailed bill of the fee for the hours/work completed so far, can the lawyer refuse to provide it? The client wants some of the money back as a refund, as not alot of work was completed. Whether the fee was calculated by mins/hours or by blocks of work completed up until that point, the lawyers are required to provide that information when requested by the client right?

I would be glad to clarify/edit anything that may not make sense. Thank you once again for your help.


texts: Is it legal to lend out your computer with licensed software installed on it?

texts:
A company in Europe has temporarily given some of its computers with licensed Microsoft Visual Studio 2010 Premium to a company in Asia. The European company is the client of the Asian company and the software is used for developing a web application for the client.

Microsoft now insists the Asian company is making unauthorized use of the licensed software because the licenses are country specific and geographically limited.

Microsoft now demands a separate purchase of the licenses by the Asian company; just uninstalling isn't good enough. This will cost $5999 per user.

Can licenses really be this limiting?

I edited my old question, because it was seeking specific legal advice. I hope its fine now.


texts: Could asking someone to participate in a lawsuit count as defamation? I suspect he was illegally evicted as well

texts:
I am taking my ex-landlord to small claims court. Since I shared a kitchen with him I cannot take him to the residential tenancy branch. I believe in addition to my damage deposit and prorated rent, he owes me additional money. One example was, he told me a previous tenant posed an imminent threat to the safety of the home, and that he needed help paying for a change of locks. I would like this money back now that I'm no longer living there. While I was living in the house, a current tenant in common told us not to allow the previous tenant (who was actually "kicked out" of the house) to reclaim his belongings. This led me to believe these people did not respect the law.

Is there any point in me contacting the past tenant (who allegedly never got all his belongings back) and seeing if he could help with my current claim? If I did try something like this, could it count against me as defamation? I am almost certain the previous person to get "kicked out" was also not evicted with due process. (My tenants in common and the landlord threatened, in writing, to remove my belongings and change the locks. I reported this to the police but they said there's little they could do until they actually did what they threatened to do. I didn't take the chance and moved out.)

When does it help getting more people on "your side" when taking a claim to court?


texts: Can someone enlighten me about the main task of the independent supervision of data protection law

texts: So, as I understand, now every organisation have a qualified person that deals with any data processing tasks and do the personal data gathering according to Data Protection law. But then each country has an independent authority that supervises the work of the controllers'. My question is, whether this independent authorities' main task is to supervise the work of these individual controllers' or there is a different, more important role that is given to the independent supervisor? I just need to understand the meaning of "independent supervisor". Does it imply that controllers can be somehow biased and do misdeeds for the interests of the company? Is that the main issue why some national level independent supervisor is needed?


texts: What jurisdiction do remote workers fall under?

texts:
There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote employee on a more permanent basis. But different countries have greatly differing labor laws, and bringing a case to court may be inconvenient if the distance is great.

If there is a dispute between a remote employee and an employer, which is the appropriate court to resolve this dispute? The employer's or the employee's?
Is it generally allowed to choose a jurisdiction in an employment agreement? That is, is it common for countries to allow citizens to waive the use of their local courts/laws in contracts?


texts: Legal standards for seizing a house to satisfy a civil judgement

texts:
I know that for relatively small amounts of money a civil lien will just sit on a house and there is nothing else the lienholder can do.

However, at some point of value, it must be possible to sieze the house. For example, if a homeowner has $200,000 in equity in their home and there is a judgement against them for $5,000, then at best the plaintiff could get a passive lien for $5,000 on the house. However, let's say instead that the judgement was for $190,000, then in that case the plaintiff could probably have the house seized and sold to satisfy the debt.

My question is if there are legal standards defining at what point a claim is so large in comparison to the value of an asset, that the asset can be seized, or is it just at the personal whim of the judge to decide it?

(Note I am not talking about a mortgage here, I am talking about when somebody gets sued and the winner of the lawsuit wants to start seizing the loser's stuff and selling it to satisfy the judgement.)


texts: How to change the code so that it does not fall under the violation of the license "partial copying"

texts:
Good afternoon!

I'm interested in a legal issue regarding code licensing. I am writing an Ansible role for two companies, and each company wants to impose its own license on this code: “full or PARTIAL copying is prohibited”.

The point is that I am writing a role for the same environments and services. Naturally, it turns out that the roles are very similar. And since the changes in the code can not be swung in the role of Ansible, no matter how you say it, it will be at least recognizable.

For example:

- name: "Oracle | Install basic Oracle 7 repos"
  yum_repository:
    name: "{{ item.name }}"
    description: "{{ item.description | default ('No descr') }}"
    baseurl: "{{ item.baseurl }}"
    gpgcheck: "{{ item.gpgcheck | default ('0') }}"
    gpgkey: "{{ item.gpgkey | default ('file:///etc/pki/rpm-gpg/RPM-GPG-KEY-CentOS-5') }}"
    state: "{{ item.state | default('present') }}"
    enabled: "{{ item.enabled | default('yes') }}"
    priority: " {{ item.priority | default('20') }}"
  with_items: "{{ linux_oracle_yum_repo }}"
  tags:
    - update

In both companies, this piece of code is similar to one and it does not work out to change much.

I ask for a little help in the legal issue of this situation: HOW much do I need to change the code so that it does not regarded as "partial copying"?

Is this changing a one character in a file? Or in the whole program? Or changing one line? Or need to dial a certain percentage of the code difference? Or is it enough just to change a name the variables and the descriptions?

Thank you for help!


texts: Is it ever legally beneficial for a third party to use symbols indicating intellectual property (©, ℗, ®, ™, ℠)?

texts:
Background

This question on Academia SE asks whether one should append a trademark symbol to trademarked software in academical writing, e.g. “Mathematica®”. In the answers and comments (e.g., here, some users uttered the unreferenced opinion that this is sometimes necessary to avoid infringing the trademark holder’s rights. This is contrary to my understanding of the purpose of these symbols: Most references only mention the benefits arising for the trademark holder. In this US-specific source, it is explicitly said that using the trademark symbol is the responsibility of the trademark holder.

Something similar applies to the copyright symbol ©.

However, there seems to be a common belief that using such symbols next to in writing is legally required or at least beneficial – even if you are not the trademark or copyright holder. I am asking this question, as I hope that it gives me a good general argument against the seemingly blindly obedient uses of such symbols.

Actual question

Is there any situation in which using any symbol indicating intellectual property (©, ℗, ®, ™, ℠) together with a given trademark or other item of intellectual property provides a legal benefit for somebody

who is not the holder of the intellectual property or affiliated to them,
who has not signed a contract or similar requiring them to use the symbol?

I am not asking with respect to a specfic jurisdiction, though I am primarily interested in jurisdictions in which the Universal Copyright Convention or the Berne Convention apply.


texts: How are open source licenses valid without consideration?

texts:
I'm not a lawyer or law student in any capacity, but I've read in multiple sources that a contract is not valid unless there is consideration for both parties.

With this in mind, how can licenses for free and open-source software be considered valid? There is no consideration for the developer.

I'm interested in all western jurisdictions (e.g. US, EU) but if your answer focuses on just one that's more than fine.


texts: Does linking to Discord from a game app breach COPPA restrictions?

texts:
I'm developing a mobile game and we want to link our Discord in the menu. The game is going to release both on iOS and Android.

Am I allowed to link Discord in it or would that interfere with the COPPA laws? I read that the COPPA restricts communication with minors inside and outside of the app.


texts: Is there an implied consent to a frisk in a stop in the US?

texts:
This question regards US law, and the Fourth Amendment to the US Federal Constitution.
Suppose I am walking on the sidewalk, when a police officer stops me.
He then says the following: "I will frisk you, ok?".
He has no search warrant.
If I say "no", he will not be able to frisk me, and if he does and find evidence of a crime, that evidence will be subject to the exclusionary rule, right?
If I say "yes", and he finds evidence of a crime, that evidence can be lawfully used against me in court, right?
What if I say or do nothing, and he proceeds to frisk me and find evidence of a crime? Is there an "implied consent" here?


texts:
My son passed away and I had his car bought down from Baltimore to Fla. near West Palm Beach.

His estate is in probate and it will take 6 or months or more for it to be settled. I stopped insurance payments on it and they said I had to send the tags back.

I live in an unincorporated rural area, own my home and property, and its paid for.

Will they tow my car if it is sitting in my yard with no tags?


texts: Why are police sometimes able to kill without prosecution?

texts:
I have seen so many stories about cops killing Black Americans (it's not just Blacks, but that is who it usually is) and I found that it is rare for them to actually go to jail. If I killed anybody, I would go straight to jail. But if I were a cop who wanted to kill then I think I would be fine as long as they have that blue on that protects them.
I read this article on 538 and it bothers me to my core. An example is Breonna Taylor, a 26 year old Black woman who was an EMT in Kentucky. Derek Chauvin, a man who is evil in my opinion, is getting a pension payment while children without blue suited parents are starving!
I am asking not out of a rant. I am asking because this is painful to me and my family and I want answers from an objective legal standpoint. Most cops are not criminals in this way and I am targeting a small minority that sometimes make the news.


texts: Why adjourn the House of Commons effective in half an hour?

texts:
I was looking at a couple of Hansard reports and noticed that the last House of Commons debate of the day was preceded by a motion to adjourn. If the debate lasted more than half an hour, it was cut short. You can see examples of this at 2020-06-04 (not cut short), 1993-06-17 (cut short mid-sentence), and 1993-06-18 (cut short mid-sentence).

My question is why do it that way. If the house wants to adjourn, why not adjourn immediately? If it wants another debate, why not move to adjourn afterward, and then adjourn immediately? I assume there's some parliamentary reason behind this "let's adjourn now, effective in half an hour", but can someone explain it to me, please?


texts: Could a US state allow non-citizens to vote in presidential elections?

texts:
On July 30th, President Trump suggested in a tweet that the US presidential election should be delayed due to COVID impeding in-person voting. Every news article I've read since (Vox, Slate, Washington Post) claims that the President does not have this power, but that state legislatures are able to decide how their electoral college electors are selected, and a (presumably Republican controlled) state legislature could decide to simply appoint electors of their choosing. The Vox article states that the SCOTUS Bush v. Gore decision reiterated this ability, saying that the state legislature "may, if it so chooses, select the electors itself".
Given this wide latitude to determine how the electors are appointed, could a state decide to appoint its electors on the basis of a statewide vote in which non-citizens are also permitted to vote?
Initially the answer appears to be "no", on the basis of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. However, that act states:

(a) It shall be unlawful for any alien to vote in any election held solely or in part for the purpose of electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner

However, I don't believe the act prohibits states from taking into account such votes. The voter would run the risk of criminal penalties, but the state could contrive to avoid this. For example, every eligible (by whatever criteria the state decided) voter could be mailed a difficult-to-forge token shortly before election day. In-person voting would require you to present and relinquish your token, but no attempt would be made to identify you or record your identity. This would make double-voting hard, while preventing determination of who has voted.
Alternatively, could a state assign electors by a process that would produce a statistically similar result to an election, but is not actually an election? For example, surveying 10% of the state's eligible (again, by whatever criteria the state decides) population and assigning the electors to the plurality winner of the survey.
Obviously this is all hypothetical, since the table here shows that every state has language restricting voting to citizens. I'm just wondering what options exist.
Edit: I have modified this question to remove the reference to New Hampshire not having a citizenship requirement for voting, since it does - my error was based on a partial quote. Thanks to @JustAGuy for providing a link to the full text.


texts: Use of customer's logo on digital product demo

texts:
I'm looking to email prospective customer's a screenshot of a demo website that I've setup for them. I'd like to include their logo within the screenshot of the website.
I was wondering if this violates US trademark law.
The demo website, with their logo in the header, would only be available to them with a password and would not be used/seen by anyone else.
Thanks!


texts: Employment (Colorado) hourly random scheduling

texts:
My employer likes to randomly change my schedule and only passively notify me on a secured website that im supposed to check 10x a day. Is this legal? Then of course i get a write up for missing a shift that randomly appeared while i was sleeping.

Is this legal? Where can i find legal documents in regards to this?


texts: EU copyright reform: Right to publish books online that are no longer sold

texts:
I read that the EU copyright reform changes the rights regarding books that are no longer sold. It should become possible to publish them for non-commercial use (probably under conditions).

Is this correct? What are the prerequisites to do this?


texts: Using url parameters to search a different website

texts:
I wanted to create a search box on my website that would allow the user to directly search another site. It works like this:

The user types in "facebook" in the search bar
The app generates the link: http://instantlogosearch.com/?q=facebook
And upon clicking "Search" navigates to that url (which shows the results on the other site in a new tab

By adding the search query after ?q= it navigates directly to the results page. It is technically just a link to another site, but because it's generated like this I wanted to make sure if that's allowed.

The ToS of Instant Logo Search only refer to the use of images on the site and don't mention anything about any kind of integration. The reason why this might be a problem is the additional traffic that Instant Logo Search might experience which could lead to higher costs for them. Although my app is just a small side-project and I don't expect the traffic to be high.


texts: Can I legally update, republish and sell an old electronic game?

texts:
I played a game back in 1999 from Westwood Studios that really impacted me, and I want to remake it with modern graphics. Westwood Studios has since been acquired by Electronic Arts and I would like to know if I could start a business selling the game without doing anything illegal.

How similar can the remake be to the original one? Can any copyright or trademark(s) be infringed, such as tank/structure designs or anything like that?
Note: I am excluding soundtracks from the list of things that I'd like to remake.


texts: Hazardous Snowman, how to protect children from it, and myself from lawsuit

texts:
This will sound absurd, but I promise this is a genuine question.  I'm researching a method of home climate control in snowy climates, that involves enveloping a copper heatsink around a sheath of snow.  The heatsink itself is by function, basically a spiked ball, with blade like protrusions all across it's circumference to maximize surface area, which are designed to be enveloped entirely by snow in order to be effective.

The problem is that I live in a suburb with rowdy kids.  I don't want to see any of them learn a lesson the hard way (mostly because I'd get sued for teaching it) so I also plan to surround the snowball with a fence and warning placards, about the same as one should do with a swimming pool.  This should deter small children, but I fear teenagers will defeat these measures and kick the snowman anyway.  (My daughter insists that I "complete the look" and really, it doubt it would make a difference if it were a Snowball or a Snowman)

I am wondering, what protections/wards can I put in place so that I would not be liable should a teenager or child decide to defeat them and skewer their foot on my experiment?


texts: Can a law firm provide additional professional services to clients?

texts:
In the United States (with the exception of California, since it does not strictly follow the ABA’s Model Rules of Professional Conduct), can a law firm provide additional professional services (bookkeeping/accounting, payroll, HR, etc.) to their clients?  If it matters, assume that the law firm is a General Partnership (with both equity and non-equity partners) and all partners are lawyers.

If so, could someone be a client of the accounting service without being a legal client?

Does the organization of the law firm (General Partnership/Limited Liability Partnership/Professional Corporation/etc.) matter?

Would this setup work in California?


texts: Can a medical professional be liable for not completing a procedure as claimed?

texts:
A patient in the United States goes to the dentist for a routine extraction of both bottom wisdom teeth (as explained to him beforehand by the dentist). The patient is put under general anesthesia, wakes up with some gauze in their mouth and are given a prescription for painkillers. The dentist tells the patient that the procedure went exactly as planned, and the patient heals over the next 10 days with no complications.

It can be assumed that the dentist bills the patient (and/or their health insurer) for the procedure as it was described to the patient.

Some time later, the patient visits a different dentist complaining of tooth pain in the back of the mouth, and the new dentist discovers that only one of the wisdom teeth was removed.

Are there any legal grounds for the patient to file suit against their former dentist in this situation?


texts: Cheapest country to form a business within the European Union

texts:
I am a Greek (freelancing) software developer interested in forming a company to be able to legally invoice my clients. Crazy taxes in Greece prohibit myself from running a company in my own country (according to my budget) therefore I'm looking for another solution.

Case:

Product: I will be selling software (code)

Average annual income: 10k-20k euros

Company type: From my research I think I should either register for a sole proprietorship (sole trader) or an ltd company.

My Citizenship: US and Greek citizenship

Some more info:

Let me tell you that I need to pay less than 100 euros per month to run it. (wether that is accountant costs, virtual office rents or anything) and I WILL be working from home.

What would you suggest is the BEST value for money road to choose?

Thank you.


texts: Where can I get an up-to-date list of countries that are under US sanctions?

texts:
I am a regular freelancer in a company. I like to travel during work and vacation.
But at my new job, they told me that I can't visit countries that are under US sanctions.
Where can I get this list ? A list of places where from the point of view of the United States it is impossible to go ?


texts:
Recently, I bought a used mobile with invoice from a woman (i found the mobile in internet, and in the invoice she took off the part where is her name and address).
As usual, I kept all discussions which was made between us so that I can use it in the case there is a problem in the future.
In the first, I didn't start to use the mobile only after 1 week (I was waiting for glass protector which i ordered). In her ad, she mentioned that the mobile is working 100% without any problem, and even after discussing that face to face she agreed this point.
Now, and just after using this mobile for 2 days, I figured out that this mobile has some problems (the opposite to what she said), as it turns sometimes off from alone, and sometimes displaying screen color problems ( in 2 days i got those problems 2 or 3 times).
I went to phone repair shop, and he told me he can't figure out the problem, as it is not happening each minute or hour.
I discussed with her and I told her all what happened, but she just said that the mobile was 100% ok and it is me who damaged it and I don't want it now.
Question
Do I have the right to go to police and to get my money back from her?


texts:
Let's say I'm a disgruntled McDonald's employee. One day I walk up to someone and give them a piece of paper saying "McDonald's agrees to give you ONE MILLYUN DOLLARS in exchange for your pocket change. Signed, me, on behalf of McDonald's."

Now, I really doubt that this contract could be enforced against McDonald's in court. Presumably their articles of incorporation specifically set a list of people with the authority to enter into contracts like this, and presumably that list included only high-level directors and such. Yet clearly other people in the organisation have some authority to enter into contracts, for purposes ranging from signing payroll checks to buying supplies.

So how is all this regulated? What determines what agreements a given employee can enter into on behalf of their company, particularly if there aren't any specific provisions in that person's employment contract?


texts: My daughter was born on the Palmyra Atoll. How do I obtain US citizenship for her?

texts:
Note: the story below is fictional, but the legal question posed is a serious hypothetical.

While attempting to sail across the Pacific I discovered I was pregnant. Eventually I ran aground on the Palmyra Atoll and gave birth to a healthy baby girl. Obviously I have a lot to worry about, being stranded on a tiny uninhabited island with a newborn and all (yes I have Internet access don't think about it), but what really matters to me right now is that my daughter will be a U.S. citizen.
After all, I happen to know that the Atoll is the only incorporated, unorganized territory of the United States, and "incorporated" means that the Constitution applies in its entirety, so by the 14th amendment she should be granted citizenship by birth. I am not a U.S. citizen, so she cannot derive citizenship from me.
Now, how should I go about getting her stateside and proving to the U.S. authorities that she is entitled to citizenship? Should I sail to Kiribati and register her birth certificate with the authorities there, or make the longer trip to Hawaii and ruin my chances of ever crossing the Pacific?
You may assume that I have all the evidence necessary that she was born on the Palmyra Atoll. Before she was born, I had enough time to set up a camera and film myself measuring my latitude and longitude and then giving birth


texts: How can video creators on Youtube be fined under COPPA?

texts: I understand why Youtube could be fined for COPPA violations, they collect data on all users, and some of them were kids.  But this video asserts that the FTC could fine uploaders for mislabeling videos for kids.  How?  The uploaders aren't the ones collecting personal data, Youtube is.  Are they considered accomplices or something?


texts: Starting limited company in UK - different classes of shares

texts:
We are starting a limited (by shares) company with partner (in England).
We wanted to model it in way that I have 70% of dividend and capital distribution rights and my partner 30%, but we both have 50%/50% of voting rights.
We structured our stocks like this using a wizard on the Companies House website
Class A shares (for dividends and capital)
votes: "No votes per share"
dividend: "Each share is equally entitled to a distribution of dividends"
capital: dividend: "Each share is equally entitled to a distribution of capital"
(70% of those shares assigned to me and 30% to my partner)
Class B shares (just for voting)
votes: "Each share is entitled to one vote in any circumstances"
dividend: "No dividend distribution rights"
capital: dividend: "No capital distribution rights"
(50% of those shares assigned to me and 50% to my partner)
We've got a rejection with reason "Class B shares do not mention any dividend rights" (but we covered dividend rights already by Class A shares).
We thought that this is whole point of different classes of shares: Class A shares give dividend and capital rights and Class B give voting rights.
What are we doing wrong here?


texts: Retrieve software on girlfriends computer

texts:
Ok this is a purely hypothetical question, I'm simply curious as to how this would play out.

I'm a software developer, in order to make iOS apps you need a Apple computer to build/publish it on. Instead of going out and buying a $1000 Mac to work on my app I choose to use my girlfriends Mac. Say I get the app mostly complete and me and the girlfriend get in a fight and she leaves me. She refuses to talk to me let alone allow me to access her computer to retrieve my source files. Do I have any legal rights to force her to give them back?

An added hypothetical in case it makes a difference. Say I finish the app and publish it, and it starts making thousands of dollars. Then this happens and I have no access to the source files to make updates/bug fixes. Do I now have any legal rights since it's no longer just intellectual property but a product in the market making money?


texts: Who is responsible for ensuring that 18+ content is not shown to minors: the site or the user?

texts:
Websites generally want to prevent minors from viewing 18+ content, but if a minor does access the content, is the minor legally responsible or is the website legally responsible, and what are the legal consequences? What measures is the website legally required to take? These are a few examples to consider:

A website only shows a warning against 18+ content on its home page, but fails to show it on any subpages (no account needs to be created to view the content).
A website says in its Terms of Service that viewers must be age 18 or older, but does not show any warnings, expecting users to check the Terms and leave immediately if the user is a minor. The home page itself does not have 18+ content.
A website shows an 18+ warning before viewing content and requires users to click that they are at least 18 years old and would like to view 18+ content.
A website requires users to create an account and provide their birthdate, but does not require an actual ID, before viewing 18+ content.

No financial transactions take place.


texts: Why must resignation letters in Brazil be handwritten?

texts:
I resigned from two companies when I worked in Brazil and in both cases they demanded that I write a resignation letter by hand. In both cases the human resources department would not accept a letter typed then signed and they did not provide a template when I requested and did not explain why. Is there any law preventing them from accepting a typed letter, providing a template, or explaining why?

My impression is that they needed a letter in my words and having it handwritten would be a evidence that the resignation was totally at my will and that I was not coerced in doing so. Is this like that in other jurisdictions (handwritten letter as evidence of no coercion)?


texts: Landlord's LLC filed for bankruptcy, is that a breach of contract?

texts:
My landlord owns and maintains the property I'm leasing though an LLC. The lease documents are between myself and the LLC.

I was recently sent a letter that says that my landlord's LLC is filing for bankruptcy. He mentioned that future rent checks should be made out in his name  rather than to the LLC like it was previously.

Does this mean he is breaching the lease agreement? Would I be within my rights to break the agreement because of this?


texts: Can temporary visitors be married in the US?

texts: Suppose there are two individuals from country A. Both have single nationalities (A) and neither of them is a PR or citizen of USA. Suppose that they are on student/visitor visas. Assuming that the marriage is legal in A, can they legally be married in the US (for instance, in Vegas) with no prior permission from country A?


texts: Is it legal to record a conversation in Massachusetts?

texts:
If you are physically present in a room where conversation takes place, is it legal to digitally record the conversation?

Please refer to the following cases:

When you are an active party
When you are a passive listener
When you are passive, but the conversation specifically regards yourself
When the other party(s) know and agree to the recording
When the other party(s) know and do not agree to the recording
When the other party(s) do not know


texts: Can the cashier be held liable for credit card fraud if procedure isn't followed?

texts:
Since the liability shift back in October, retailers are now liable for credit card fraud that occurs through them. This is to encourage them to move to the more secure chip and pin POS systems, but many retailers have not made said switch and instead have adopted more rigorous verification methodologies for the old system.

One such system I have seen requires the cashier to check the ID of the customer and match it with the card, as well as match the last four digits of the card with the last for digits that were read by the card reader. Other procedures require signature checking and other such things.

My question is this, if the cashier does not follow one or all of these steps (cashiers are required to maintain a certain speed, these procedures are very time consuming) and fraud occurs, then is the company able to transfer liability to its employee on the grounds that procedures were in place to prevent it, but were not followed?


texts: When multiple people are included in the same defamation lawsuit, do they get sued separately or all together?

texts:
Let's say two employees for a toy company talk about a company's product being dangerously unsafe (regardless if was true or not) on a news channel. The same toy company goes on later on to file a defamation lawsuit and the following happens:

The witnesses made it clear they would not back down from the lawsuit and would challenge it.
The news channel does not want to get involved and would retract any articles, but the company made it clear they would sue them anyway.

If they are written in the same lawsuit (BT Baby Toys vs Alex A, Bobby B and XYZ News), are they sued separately or all together? Can the news organization bail out of the lawsuit early and pay a settlement fee or something?


texts: Can a landlord charge everyone for one tenant's misbehavior?

texts: Part of my lease agreement is to cooperate in keeping the communal trash area tidy.  Someone in my building, unknown who, is putting trash directly in the can outside rather than bagging their gross food trash.  Animals are getting into the cans, and the city (Wheeling, WV) has sent a notice to the landlord saying they will be fined if trash is not properly bagged.  The landlord has now told us that if they are fined by the city, they will split the fine between the 6 units in our building.  What do I do?  I’m not the one making the mess, and despite this warning, people are still putting unbagged trash in the bins.  Can the landlord charge everyone like this without proving who is causing the problem?  What am I supposed to do?  I haven’t done anything wrong, I actually just moved in, and now I will probably be charged a fine of unknown amount, possibly every week?  Short of going into the trash bin and cleaning up after my neighbor, do I have any options to avoid paying this fine?


texts:
I know nothing about copyright but I'm pretty sure this isn't allowed.
I am aware of a website showcasing a portfolio of work. There are images which are themselves the work or images of things that are the work as well as some prose.
However the website marks these as copyright 2023 (2 years in the future as of writing).
Is this allowed? Illegal? Invalid?
My understanding would be that works are copyrighted for something like the life of artist plus 50 years but this also appears like they are trying to buy 2 extra years at the end. Is it protected now? Can I not just steal it?
Basically, what gives?


texts: Similar domain to trademark takedown request?

texts:
Today I received the following, and there is no first notice.
Is this a legitimate request? The "mm-walmart.com" domain and lack of any contact information is screaming a scam, attorney representation etc,  but I am curious in general is there any basis to this kind of claim whether or not this is legitimate.
The use of the domains are specifically to allow users of a training website to create test integrations and websites.

Subject:
2ND NOTICE of Walmart Trademark Rights Infringement - walmartt.com ; Demand for Takedown
Body:
To Whom It May Concern:   On behalf of Walmart Inc. (“Walmart”), we
are writing to you in your capacity as the registrant of  walmartt.com
.  Walmart is the owner of the famous trade name and trademark
“WALMART” and has, for more than 50 years, used this term to identify
its goods and services.   Walmart also maintains rights in a number of
additional trademarks.   Moreover, Walmart has significant copyright
holdings and other intellectual property rights in its logos and
materials.
There is no connection between Walmart and  walmartt.com  and your
continued unauthorized use of Walmart's intellectual property as,
within or as an identifiable element of a domain name does injury to
both Walmart and to the public by, e.g., causing a likelihood of
confusion and other damage.   We have also determined that there is no
fair use or other excuse for the unauthorized use.  Therefore,
applicable law requires that you cease use immediately of the
unauthorized domain name specifically identified above.   This
communication is for potential settlement purposes and only for
representative violations identified to date. Please reply to this
email to discuss and confirm details of the discontinuation of use and
potential transfer to Walmart of the subject domain name.  If we do
not receive your expeditious response, this matter may be escalated
for further action.
Sincerely,
Walmart Brand Protection
Walmart Inc. 508 SW 8th Street Bentonville, AR 72716-0505
brandprotection@mm-walmart.com


texts: Michael Jackson trial and the constitutionality of gag orders

texts:
In this page, Wikipedia says that in the Michael Jackson 2005 trial (People v. Jackson) the judge:

put a gag order on both sides

Erwin Chemerinsky says (link, at the time of 1:53:37) that gag orders are unconstitutional.
Which way is which?
Was the injunction the judge released in the Michael Jackson trial unconstitutional? If so, why nobody challenged it?


texts: What can Senators do at a pro forma session?

texts:
Background: Per the Washington Post, majority leader Mitch McConnell has said the US Senate will have only pro forma sessions between now and Jan. 19, 2021. Many leading Democrats and at least one Republican Senator have expressed consideration of impeaching President Trump quickly, but the Senate schedule means that the Senate would not be able to formally receive any impeachment notice from the House until Jan. 19, and the Senate trial would not proceed until after Mr. Trump's term ends on Jan. 20th.
What options would Senators have if they want to force some level of action in the Senate before the 19th?
As I understand Senate pro forma sessions (partly from a CGP Grey video, 4:55-7:00),
they're minimal meetings which exist just to say there's a meeting, but only requiring one Senator present, to act as the temporary chair. One key piece is that since normally nobody brings up quorum or roll call, that part is skipped and the chair can just adjourn immediately. So is it correct to say just one Senator could show up at a pro forma session, note the absence of a quorum, and many Senators would then be required to come?
The first linked article says conducting any business at a scheduled pro forma session can only happen with unanimous agreement from all 100 Senators. This really means all 100, not those present once a quorum is reached? Is this a rule the Senate set for itself, or from some other source? I think we can assume in the present situation that agreement by all 100 (or all present) to address any Senate business would not happen. Could a Senator introduce any action at all which would require a vote, or force a recorded vote on whether to adjourn the Senate with no business conducted?
Any other notable options along these lines?


texts: Difference between copyright, patent and trademark

texts:
From one article by Richard M. Stallman, I came to know that copyright, patent and treadmark are totally different things and people are usually using the misleading term "Intellectual Property" to address them.

So, in order to understand software licensing, I want to know what are these leagle terms related or different with eachother. And what "Intellectual Property" stands for?


texts: copyright, fair use and online dictionaries/translations/word list

texts:
For a language app I need short word bilingual definitions and word lists, containing info such as word frequency and part of speech.

I would like to use a selection of many online sources to do this.
I'm just basically putting pairs of words together, reflecting an arguably objective information about the world that couldn't really be rephrased without being wronger.
But still i'm using someone's work. Is that still fair use ?

I repeat that i'm not using long definitions, no examples, no details, except for part of speech or inflection information (plural, conjugation etc), which is also in my view info that can't belong to someone.
2 cases may be different: 1) I find a dictionnary with short definitions, and use them. 2) A dictionnary propose long detailed definitions with several terms and examples etc, I just take the 1st line of the first definition. Which is/isn't fair use ?

Wordlists are sometimes sold (e.g. long frequency lists with parts of speech), and some are copyrighted under creative commons with non commercial close. Does it only mean i couldn't present this list as is in my commercial product, or does it really mean that it's prohibited to barely using this information, to do my own lists and tags? Wouldn't it be fair use ?


texts:
Assume I was driving on the Florida Turnpike and saw someone tailgating me. I was driving in the left lane, 80 mph in a 70 mph speed limit.

Once the right lane became available I switched lanes and then the driver sped past me, his accomplice yelling out profanities - all caught on tape. No one expects to be recorded when they yell at a driver.

I recorded my speedometer at 82, but he was clearly going faster.

Can I snitch on him?

By the way, this is a hypothetical situation. Any resemblance to actual persons, living or dead, or actual events is purely coincidental.


texts: Is a suit against a University Dorm for changing policies on a whim likely to succeed (USA)?

texts:
I'm going to be changing some identifying details here.

Alice attends Omega University. OU has a policy which restricts guests’ access to dorms to only certain hours on certain days. The day in question is from 3 pm until midnight.

Alice arrives with her guest Arthur around 7 pm, when they are told that Arthur must leave because of an event for which OU has suspended the hours. The email informing Alice of this was sent at 5 pm.

Arthur now threatens to sue OU in a small claims court for travel costs, arguing that if OU had notified their students in a timely manner, he would not have expended resources traveling to the university.

Ultimately, Arthur decided not to sue.

If the lawsuit had gone forward, how likely would it have been that Arthur won?

Jurisdiction is USA. I am not willing to provide the state because the above events are true with identifying information changed. If a state is required for an answer, pick your favorite.


texts: Can a landlord in Ontario require tenants to clean the property for a viewing?

texts:
I am a landlord with one rental dwelling, currently occupied by tenants who will be departing in a few months' time. The current tenants are uncooperative and refuse to clean the house.

This is problematic because, during our viewing, the house is dirty with cat and dog fur, and it is a waste of time to show prospective tenants. The house is in Ontario. Is there something we could do to make them clean the place up, by law?


texts: If I make/wear a sweatshirt with a copyrighted image on it, but I don't sell it, can the copyright owner sue me?

texts: I have an embroidery machine, so I embroidered my youth group's logo on to a sweatshirt.  When I wore it there they said they copyrighted the logo and I should stop wearing it, because then people might want it.  I don't want to stop wearing it, but I also don't want to get sued.  I'm pretty sure that if I'm not making money, they can't do anything.  Is that correct?


texts: Need computer forensic case citation (urgent)

texts:
My mother is about to attend court over a car which was written off by a lorry.

The CCTV video recording of the accident was mishandled, such as the storage SD card not being imaged, it was also allegedly inserted into a regular computer which then corrupted the storage medium from a virus which personally I do not believe, but either way we still have not been provided with an image and we will not get one.

It would help a lot if I could provide a quote from a real court case where a DIY-er (someone with no experience attempting to collect evidence) does one of the following:

1) Damages the evidence making it useless as they tried to recover it without help of a professional

2) Even if done properly the judge is not happy that it was not done by a professional

I read a book called Computer Forensics for Dummies with the above two examples, however I have been unable to find them (probably due to stress) and am running out of time! I also tried using PDF version and searching for words to no avail.

Preferably UK law, however USA or other countries would be fine. Thank you so much in advance!


texts: Can I sue for being banned from a federal museum?

texts: When I was three years old, my dad received a notice from our local interpretive center banning him and his children from the premises. This museum is federal property, coordinated and overseen by US fish and wildlife and the Corps of Engineers. We were banned in 2002, and in 2015 my dad was sent another letter lifting our ban. I was 16 at this time. Is it lawful to ban a minor from federal property?


texts: Do parent's have an obligation to pay for university expenses after divorce?

texts:
In Canada/Ontario, if parents are divorced, do the parents' obligations to contribute to a child's university education expenses change based on their relationship?

I'm looking at 2 cases, one where the child has a good relationship with both parents, and the other where the child does not have the same relationship with father as with mother (mother has custody, father barely sees him).

Does the parent's obligation for providing education change with divorce?


texts: Sharing car with provisional licence holder. Is it necessary to remove L plates when qualified driver is driving?

texts:
My partner is learning to drive. She's brought a car ready for when she passes her test, hopefully in a couple weeks. Her insurance is aware that she -- the main driver -- has a provisional licence, and I am a named driver on her policy with a full licence.

She is having lessons with a professional instructor, but I have been supervising her on occasion as I meet the requirements:

I am older than 21.
Have a licence for that category of vehicle.
Had that licence for more than 3 years.

We have L plates shown on her car. She wanted to drive to her work, with me supervising, and then I drive the car home alone.

My question is: Would I be committing an offence by driving her car back home, by myself, with the L plates still showing?

As far as I can tell, it's at the very least advisable to remove them, but not illegal. I do not wish to waste police time, but I would expect an officer to pull me over and investigate why I'm driving alone with L plates.

Sadly I can't just remove the L plates since they're stickers. They won't go back on if I pull them off. Hence my question.

As a side note: I will not be using a motorway when driving alone. Obviously we cannot use the motorway when I am supervising her.


texts: What crimes have been committed in English law?

texts:
This is an odd question, I know, I’m writing a novel, know nothing about law, and would really appreciate your help.

Is this illegal (in England):

Person A looks a lot like Person B.

With Person B's consent, Person A pretends to be him. He lives his life, marries his girlfriend, lives with her, has sexual relations with her. But she doesn't know she's with Person A instead of the man she originally met, Person B.

Person A is also practicing law in place of Person B. The licence is in Person A's name, but Person B took the bar exam.

Would Person A go to jail for doing these things? What actual crimes has he committed?

*** For clarification: I understand this is a completely fictional scenario, so I'm not expecting, 'well, in the case of x versus y,' type answers. Just something plausible.


texts: Marshae Jones' case: Manslaughter when shot, would it make a difference when baby was born?

texts:
This is very specific to the reported case of Marshae Jones, from what I learned in the article from The Guardian: Alabama: pregnant woman shot in stomach is charged in fetus's death

The given reason of her being charged was, according to the article, of her getting into an argument, thus exposing the unborn's life to the shooter.

My question is, would this case be different if the baby was a newborn, and carried in a baby wrap or baby sling?.


texts:
Can wills contain conditions which must be fulfilled in order for certain clauses to have effect? For example:

Uncle Fred wants his house to go to his niece, on the condition that the niece agree not to shack up there out of wedlock. What if, additionally, Uncle Fred stipulates that the house is to go to his nephew otherwise, including the case where the niece originally gets it and then violates the terms of the inheritance?
A husband leaves his inheritance to his brother, on the condition that his brother marry his widow and remain married to her for as long as they both should live. What if, additionally, the husband adds a clause stipulating that the estate is given to his children otherwise, including the case where the brother becomes divorced from the widow?
The creepy old lady down the street leaves a house to a group of friends, on the condition that they spend one night in it - and survive! Bwa ha ha ha

This question was inspired by this one on leaving a wife/girlfriend in your will.


texts: Exceptions to Article VI's Supremacy Clause for private party contracts

texts:
We have an old (2005) contract template. It contains a sentence in a section referring to governing federal laws,

  Such [federal] laws and regulations shall take precedence over the substantive laws of the State of XXXXX in the event of any conflict of laws.

Is there a reason this would have been added? Our current reviewer says it is a moot point. Any speculation is appreciated.


texts: What are the benefits of a incorporating vs. operating an LLC?

texts:
I'm in California, but have been told to Incorporate or become an LLC in Nevada.

Is there any reason to do this out of state, other than cheaper renewal fees?


texts: Can an interest in real property by adverse possession be inherited?

texts: In Australia can someone has a an interest in property by adverse possession bequeath the property to an heir? If so, will that claim be able to defeat the interst of an heir of the legal owner?


texts: Why would I be subject to liability for negligently poking a person's eye out?

texts:
According to Restatement of Torts, Second (I've only scratched the surface), to be liable for battery, the actor must have an intent, though the intent might not have been to bring about the specific damaging outcome. Both the harmful and offensive contact varieties of battery require a bad intent: §13 "An actor is subject to liability to another for battery if (a) he acts intending to cause a harmful or offensive contact...", and per §16, "If an act is done with the intention of inflicting upon another an offensive but not a harmful bodily contact...the actor is liable to the other for a battery although the act was not done with the intention of bringing about the resulting bodily harm". §18 Battery: Offensive Contact says more or less the same thing with "offensive" inserted. Furthermore,

  §18(2) An act which is not done with the intention stated in Subsection
  (1,a) does not make the actor liable to the other for a mere offensive
  contact with the other's person although the act involves an
  unresonable risk of inflicting it and, therefore, would be negligent
  or reckless if the risk threatened bodily harm.

So, if A throws a dart at a dartboard while B is right next to it, and hits B in the eye, it would seem that this is not battery, and poor B might be out of luck.

I think this would be generic negligence, where §281 "The actor is liable for an invasion of an interest of another, if: (a) the interest invaded is protected against unintentional invasion...". The problem is, the description of the interest in freedom from harmful bodily contact only protects against the interest w.r.t. intentional contact, so where does the protection of that interest come from in terms of unintentional contact. Specifically: is there a general rule that every protection against an intentional invasion of interest entails a protection against unintentional invasion of that interest? (I assume the "duty" is a generic and universal one).


texts: Can a product's manufacturer attach conditions (such as an arbitration agreement) to the sale of its product by third parties?

texts:
TL;DR

Is the contract of sale, including binding arbitration, referenced on the packaging of Western Digital (WD) products legally binding?

To summarise the relevant facts:

This is a contract of sale between WD and the consumer, and the packaging of products from WD subsidiary SanDisk claim that WD is the seller of record. However, these products are available for sale from third parties, making it unclear who the actual seller is. Whether privity of contract would prevent WD from entering into such a contract is therefore unclear.
The existence of said contract is marked on the box, and the actual terms are available online and inside the box.
As worded, this is a contract of sale which takes effect at purchase time. It is not a "shrink wrap" contract or license agreement; the text of the contract does not contain a license to the drive's firmware or other copyrighted content.

On the retail packaging of a WD hard drive I recently purchased, I noticed text stating that the purchase is subject to terms and conditions listed on the WD website and inside the box, including binding arbitration (example). To clarify, this is not a license agreement; the contract does not contain a copyright or other IP license.

I understand that WD could refuse warranty service for a variety of valid reasons and shouldn't be liable for data loss due to failure, and it can place disclaimers on the product that are enforceable. However, what strikes me as legally questionable is the manufacturer's attempt to bind the buyer to a contract for a sale it is not involved in (see edit below). I only found this text on the bottom of the box after purchase and was never presented with a contract to sign at the time of the purchase that had WD as a party to it.

Given that the implied contract of sale is between the retailer and consumer, can a company impose conditions on the sale of products that it manufactured without being a party to said contract of sale? Under what circumstances, if any, is the arbitration agreement enforceable? Would the terms apply even if I never sought warranty service?

Indeed, does the manufacturer have any ownership or other rights (aside from intellectual property) on the physical products sold by a retailer? If so, does this enable the manufacturer to impose conditions of this sort? (For example, can an authorized retailer contract between the manufacturer and retailer allow or require the latter to execute such an agreement on behalf of the manufacturer without the consumer's knowledge?) Is there an exception to privity of contract that allows this?

On a routine trip to Best Buy, I found the following text on the packaging of a SanDisk product (WD acquired SanDisk in 2016):

  Western Digital Technologies, Inc. is the seller of record and licensee in the Americas of SanDisk® products.

The verbiage here strongly suggests that despite the fact that I'm buying the product from a retailer, the actual owner of the product prior to its sale is WD.

If the owner is indeed WD, how am I able to enter into a contract of sale with the retailer to purchase the product? Am I missing something?


texts: In 1970, how was Ted Cruz's citizenship determined?

texts:
Above answer explains issue using current law situation, but I am interested what exactly was law in 1970 when Ted Cruz was born.

An article in Salon claims (which is possibly invalid claim):

  As late as 1961, the Supreme Court ruled that the 1802 Naturalization Act only made a child born abroad a citizen if the father was a citizen.

We know that only mother of Ted Cruz was US citizen; his father was a naturalized Canadian.

"Possible duplicate" answer cites  8 U.S. Code § 1401(g) which says:

  A person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years[.]

My question is, when this current interpretation became law? Was it before 1970 when Cruz was born, or after?

This also suggests that Salon article is wrong (which is entirely possible)?

TL;DR: Salon's article would apply to person born before 1932, not to Cruz.


texts: Are there any laws in the US that ban the display of offensive symbols?

texts:
Quite a few times in TV shows and movies and only once in real life I've seen people with offensive tattoo or shirt symbols such as the Swastika.

Is there a law in the United States that bans the display of a symbol such as this? If so, how do people with these symbols on them go out in public without getting caught?


texts: Investor liability for investee actions?

texts: The recent Supreme Court ruling in Jam v. International Finance Corporation kind of surprised me, as a layperson, since I had not imagined that banks were liable for their investees' actions domestically, much less internationally.  Under what circumstances can an investing institution be held civilly liable for actions caused by an investee?  Is the logic here strictly to dissuade investment in "bad actors" or is there a deeper reasoning?


texts: How much to sue for something intangible not being met

texts: In BC there is a right to Quiet Enjoyment which is at least partly the responsibility of the landlord. If a tenant was forced to move out due to Quiet Enjoyment not being fulfilled, how much would they seek in monetary compensation? Obviously I'm not asking for a specific number but how is such a number determined when going to court? The reason for moving out was the other roommates were doing drugs to the point where the entire house was hotboxed.


texts:
O conveys "to A and his heirs, but if Blackacre is used by its owners for hunting during A's lifetime, then to B and his heirs; and if Blackacre is used by its owners for hunting after A dies, then title shall revest in O."
The interest of A in Blackacre can best be described as:
(a) fee simple subject to condition subsequent
(b) defeasible fee simple
(c) fee simple absolute
(d) remainder for life
(e) life estate

I selected option (a). This was the wrong answer. I was told that this is a trick question and that I should pay attention to punctuation/grammar.
Please tell me which answer is correct and why in detail. Also, tell me why (a) is wrong.


texts:
I recently had a grandfather pass away and he left behind a beautiful Colt Trooper MK V .357.  He lived in Santa Barbara, California and me and my dad are flying down there tomorrow to get some personal items and the firearm and then driving it all back to WA.  I want to know what the legal ramifications are in making this transfer?  I wish to simply drive the firearm up to WA and then register it in my name in WA, but I have heard that you are technically supposed to go through an FFL.  Meaning, we would have to go down there, bring the firearm to UPS or FedEx, ship it to the FFL dealer in WA, then once I get back I would have to go to the dealer, pay a sales tax on the firearm (which is insane seeing how i didn't buy it and it was purchased probably 30 years ago), and then pay the transfer fee to have it filed in my name.

Does that sound right?  Is there an easy way to do this?  If I just brought the firearm up in the car could I just bring it into a FFL (or ship it from my home address so its cheaper?) and then have them register it?


texts: Seeing a co-woker's salary on his screen

texts:
My friend is facing the following problem:

Her boss left the computer open and she then looked at his screen, where the salary of a coworker at her level (who since has left the company) was displayed. As his salary was considerably higher than hers; she was shocked and told a coworker about it, and also to her boss who left the his computer open. In a preemptive strike he reported it to the management but says that she went through his email, essentially accessing his computer without consent.

Now human resources has written her an email, asking her to answer some questions next week. Her answers would then lead to a decision whether disciplinary actions would follow.

The questions are:

How did you find out about the salary?
Who did you share the information with?
Why did you think it is ok to discuss this with the colleagues you discussed it with?
What you expect to gain from discussing third-party salaries with colleagues

It is hardly illegal to look at somebody's screen. But is there an obligation not to disclose that information to colleagues? She is working for a company in the UK.


texts: Can a platform become a publisher through it's actions?

texts:
Platforms such as social media sites are protected under Section 230 of the Communications Decency Act, this allows platforms to avoid liability for most content posted by its users.

Publishers, on the other hand, do not share the same type of protection that platforms have against things like slander and defamation because they choose to maintain the ability to edit or remove the content shown on their site at any time.

Can a platform curate the content on its site to the point where it is legally considered a publisher and loses protection under section 230?


texts: What is the differences between lying and fraud?

texts:
I sort of intuitively knows that most lies are legal.

Someone asks me to visit him, I pretended to be busy, even though the truth is I just don't like the guy.

That seems legal.

But some lies are fraud.

Are there clear definition on why certain lies are acceptable and others are illegal?

Some definitions I read is that something is a fraud if the lie is done to get something.

Well, that's not really clear cut. If I said I am busy, for example, I am getting something, namely, I look less like a jerk.

So, what's the difference?

What kind of lies are legal, what kind of lies are illegal, what is fraud, and what is scam, and what's the differences between all those?


texts: What is meant by exclusive jurisdiction?

texts:
For example from lawinsider emphasis mine

  Forum Selection. Any litigation based hereon or arising out of, under
  or in connection with this Agreement, may be brought and maintained
  non-exclusively in the courts of the State of New York or in the
  United States District Court for the District of New York.

and

  Forum Selection. The Parties consent to the exclusive jurisdiction of
  the State and Federal Courts located in the State and City of New
  York, for any dispute arising out of this Settlement Agreement.

What's the difference between non-exclusive and exclusive in the context of which court a dispute would be brought to?


texts: We have accidentally made a mistake in our company name on a contract does this make it invalid

texts:
One of our customers has defaulted on the contract terms and owes us money.
They are saying that our contract is invalid as there is a slight mistake in our company name on the contract.
The contract clearly states our full company name but has UK in it, which is actually not in our registered name.
The contract clearly states the corporation number and the registered address, both of which are fully correct.
Does the customer have grounds to invalidate our contract?


texts: In Canada, can students send emails to other students of same association?

texts:
Under the Canada's anti-spam legislation (CASL), can a student member of a student association send emails to the other students of that same association without express consent? Would it be considered a non-business relationship an therfore fall in the scope of implied consent and more specifically section 9(a)?

To provide a bit of background, lets assume the association is an incorporated non profit organization (but not a charity) and the student sending the email wants to advertise a fund raising event.


texts: Can information from a company policy document be enforceable as a contract clause

texts:
Background: I'm leaving a position I've had for 8 months. HR informed me that there is a relocation clawback clause in my contract. I knew nothing of any clawback clause. I checked my contract and there is no such clause. HR then informed me that it was in my job offer letter. I checked my offer letter, but there is no such clause. HR then informed me that it is in the relocation policy referenced in my offer letter. The policy is referenced in my offer letter as relocation benefits, and the document does have a clawback section. I had no reason to read that policy document because HR had already presented all the benefits to me. It seems unfair that they can hide an important clause in this fashion.
Questions: Is it legally binding when they hide a clause this way? Is it possible for me to fight it?


texts:
A treaty T is signed by two state actors A1 and A2.

It says:

  Both sides agree to put in place a single customs territory (described herein) for an interim period of two years (described herein).
  Both sides will use best endeavours, in good faith, abiding by their respective legal orders, to negotiate the agreements referred to
  in declaration D.

Declaration D (another document) says:

  Both sides have agreed this declaration. This declaration accompanies T,
  that has been endorsed by A1 and A2, subject to ratification.
  This declaration establishes the parameters for future economic cooperation between A1 and A2, to take effect immediately after the interim period defined in T.
  For the period beginning immediately after the interim period defined in T, both sides agree to develop an economic partnership that builds on the single customs area defined in T.

Are the agreements within D legally binding in international law? In other words, does the positioning of provisions in a separate document, linked with the "good faith" article, change things?

If the answer is no, if a new executive government is elected within A1 on a platform that differs from D, by what legal mechanism could the agreements in D be reneged on?

The heart of my question is this: does the positioning of provisions in a separate document, linked with the "good faith" article, change the legally binding nature of the contents of the other document?

I realise that a country can simply walk away from a treaty obligation, but I am assuming that both states operate within the rules-based order as far as possible.


texts: Contingence in the law - citizenship or residence

texts:
Non-US individuals who get payments from a US company have to fill in a W-8BEN form and give the form to the US company and then the US company gives the form to the IRS.

This happens for example for US companies such as oDesk or Udemy which pay non-US persons remotely.

Field nr. 2 in that form requires the "Country of Citizenship". According to the IRS instructions here it's not clear whether you should enter your country of citizenship or your country of residence in case you don't reside in your country of citizenship:

  Line 2.

  Enter your country of citizenship. If you are a dual citizen, enter
  the country where you are both a citizen and a resident at the time
  you complete this form. If you are not a resident in any country in
  which you have citizenship, enter the country where you were most
  recently a resident. However, if you are a U. S. citizen, you should
  not complete this form even if you hold citizenship in another
  jurisdiction. Instead, provide Form W-9.

This line is not clear to me: "If you are not a resident in any country in which you have citizenship, enter the country where you were most recently a resident."

Is the above "if" statement contingent of the previous "if" statement which states that "If you are a dual citizen, enter the country where you are both a citizen and a resident at the time you complete this form"?

In other words, should you enter in "Country of Citizenship" your residence country only in the case of dual-citizenship or also in the case of simply not being a resident in your country of citizenship?

Whether "if" is contingent or not makes the big difference here, but I am not a native of English to be sure how this is.


texts: Interpretation of a clause which contradicts the purpose of an agreement

texts:
I have recently been asked to sign an NDA, which appears to be pretty standard, save for 1 clause which jumps out at me and leaves me scratching my head.
The NDA starts off naming the parties thusly -
CompanyWhoProvidedNDA Ltd ("The Company")
Recipients Name  ("Recipient")

The recipient has had no prior relationship with CompanyWhoProvidedNDA
Partway through the first section titled "Definitions and Interpretations" it says
1,5 "Any reference to the company, or the Recipient shall be deemed to be a reference to the Company.".  The recipient may also include their respective agents, employees and contractors, and any reference to "party" shall mean such persons or any other person or entity as necessary to give full effect to the intended meaning of the Agreement."   (Bolding mine)
Am I correct in my belief that this clause weakens the enforceability of NDA against the recipient because it redefines the Recipient as the as The Company.
Further, is it reasonable to believe that notwithstanding this statement, were a court to get involved questions of confidentiality the court would likely ignore this statement as it contradicts the meaning and purpose of the agreement?


texts: In Canada, does any claim less than $25,000 have to be made within 2 years of the offense?

texts:
In the province of BC small claims court hears claims of up to $25000. A plaintiff has two years to file a claim from when the incident occurred. Does this mean for things less than $25000 a potential defendant is “safe” after 2 years from being charged? Must any claim for $25000 or less be made in small claims court?

I used to work at a really large company with a track record of harassing companies and its own employees with lawsuits. While I never meant harm, I’m sure I broke some rules they snuck in a contract I signed. For example I used a proxy to access blocked websites and once used Teamviewer to connect with a stranger (outside of the company) to work on a personal project on a company computer. I was a co-op student at the time and now worry they will come after me. It’s been more than 2 years. (This was not a confession and some details have been changed to hide identity)


texts: What is the meaning of the "disposed" legal staus in the US?

texts:
I am looking at the criminal record of a person and I see there:

Defendant: Disposed
Disposition: Disposed

I've googled it but still didn't get it. Does it mean that the accused person was freed of all the charges or has been convicted by the court? In other word the case was closed.


texts: How to interpret "LETTER-3-OR-MORE" on patent website (USPTO's TESS)?

texts:
On the United States Patent and Trademark Office the Trademark Electronic Search System (TESS) has an entry for "SQL Server" that says

  Word Mark SQL SERVER

And, then

  Trademark Search Facility Classification Code LETTER-3-OR-MORE SQL Combination of three or more letters as part of the mark

Here is a screenshot,

How do I read that, does that mean the term SQL is Trademarked by Microsoft? Other queries for example "SQL Boost" and "SQL Sonic" make no mention of SQL and explicitly say,

  NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SQL" APART FROM THE MARK AS SHOWN

Others examples say,

  NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "SQL" APART FROM THE MARK AS SHOWN

Going off this, should I assume Microsoft is making a claim at "SQL"?


texts: How do I determine if a class action settlement offer is legitimate?

texts:
I recently received an email from Halvorson regarding the lawsuit with Talentbin that I'm entitled to a settlement. I have to submit a claim or if I want to exclude myself I also have to write a letter to them. However, I don't know if this is a scam or not. A quick Google and I found this http://www.classactionrebates.com/settlements/talentbin/

I don't know anything about the lawsuit.

They also mentioned this in the email.

  If you don’t exclude yourself, you may object to the Settlement or to the request for fees and costs by Class Counsel.

The reason I'm concerned is because even I want to get the settlement or exclude I have to submit my personal identification which I don't want to do.

How do I make sure that this is legit and not a scam?


texts: Is it just to forcibly isolate an infected person when medical resources are deficient?

texts: The background is the outbreak of the coronavirus in China. Many infected people have been isolated to prevent the spread of the virus. However, medical resources are highly deficient in serious regions, leaving many patients untreated (or badly treated). Under this circumstance, is it just to isolate them?


texts: Replication of user data a violation of GDPR

texts:
I'm in the planing staging of building game service provider, kind of like Xbox Live, PSN, Steam, etc.

As far as I understand in the terms of the GDPR, information that can directly identify users should remain only in the region where it was created (such as their e-mail address, real name and surname, etc).

The question I want to ask, is it possible for me to replicate the user player profile, meaning the gamer profile that contains the "gamer score", avatar, etc to different regions without violating the GDPR requirements, and only linking this with an ID that is shared between the real-user profile and the gamer profile?


texts: About 14 years ago I was using my ex's family computer and I came across a series of emails between my sister in law (middle school age) and her female middle school teacher in which they discussed their inappropriate relationship including sex..  The teacher mentioned she wanted to end the relationship. It was during that time the girl was visibly disturbed emotionally and psychologically. Everyone wondered why. I was shocked and told a few people but forgot about it. I was young and didn't think of telling police.  It turns out the teacher is still teaching and nothing has happened to her. Is it too late for her to be charged with rape? Also the girl probably won't want to admit or press charges due to embarrassment. Took place in Florida.


texts: Assignment of Inventions to employer - exclusion of Inventions assigned or licensed to me?

texts:
A NY law employment contract states in a section entitled All Inventions are Exclusively the Property of the Firm:

  Employee assigns to the Firm... without any additional consideration, all of Employee's right, title, and interest in any and all inventions that Employee invents, conceives of, creates, develops, or reduces to practice while employed by the Firm or for a period of one year...

Specifically, as pertains to Copyright:
I should have added this clause

  Employee also agrees that...all inventions made by Employee (solely or jointly with others)...which are protectable by copyright are "works made for hire" as ... defined by US Copyright Act (17 USC Sec 101) and are deemed specifically ordered by the Firm under US Copyright Law. In the event  .. not to be a 'work made for hire', this Agreement shall operate as an irrevocable assignment ... of the copyright ... including all right, title and interest therein.

At the same time, the contract states under Excluded Information:

  The restrictions contained in this Agreement shall not apply to any Prior Work....means discoveries, creations, developments, improvements, ..., ideas, reports and other creative work...Employee made or conceived such works prior to commencement of employment.... including but not limited to those described in Exhibit A

Clearly, all copyrighted ideas / code done before employment are of course Prior Work. This is stronger if the copyright is put in Exhibit A, but can still be established even if the IP is not listed.  (e.g., timestamped code/papers in external repos, email trail, etc).

What if a Third Party licenses a copyright to the Employee or assigns a copyright to the Employee subsequent to his employment? Can the firm claim these licenses/copyrights as its own Property?

Is there any distinction between the two: licensing or assignment from the point of view of the Employee protecting his IP from the new firm? My (mostly ignorant) belief is that a license granted to the Employee, even if it is exclusive and perpetual cannot be claimed by the Firm, while an assignment is more questionable. Am I correct in saying that in neither case can the Firm established that the Employee invented these licensed/assigned inventions, since that claim can only be made by the (Third Party, original) copyright-holder.


texts: Can jury nullification apply to a civil lawsuit?

texts:
What I am referring to, is when a jury rules that the accused is technically guilty, but shouldn't be punished for it anyway. In other words: the jury determines that the letter of the law conflicts with the spirit of it, and chooses to follow the spirit instead.

Can this be done in a civil case? My understanding is that if you go to court with someone over a contract, the case is not tried by a jury. But, can the law still be overridden in the interest of justice?

For instance, imagine a scenario where a A brings in his car for repairs. The mechanic B charges him twice as much as agreed for it, and when A complains he points to some fine print in the contract that A didn't notice when he signed it, which says his prices will be twice what is agreed on tuesdays between 3 and 5pm, and look at that: A brought in his car at 3:05!

So while B is technically correct, it is entirely plausible that a jury might look at this and say: hang on, that's clearly absurd, you can't go around charging people more because they didn't notice your cleverly worded loophole. Except, that since this is a civil case, there's no jury. So, is a judge allowed to say that?

You may disagree with my specific example, but hopefully you get the point: I'm asking whether it is possible for a court without a jury to rule against the technical interpretation of a law, if they determine that following the letter of it would in this single case by unjust, or contrary to the spirit.