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[ { "answer_id": 3993, "body": "<p>For the movies you are going to need to deal with <a href=\"https://www.law.cornell.edu/uscode/text/17/1201\" rel=\"nofollow noreferrer\">17 U.S. Code § 1201</a> which makes it illegal to circumvent the copy-protection on DVDs.</p>\n\n<p><a href=\"https://i.stack.imgur.com/iAcqX.jpg\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/iAcqX.jpg\" alt=\"enter image description here\"></a></p>\n\n<p>For the music CDs there is no copy-protection but you will up against copyright issues. On the one hand, the lawyer for the <a href=\"http://www.supremecourt.gov/oral_arguments/argument_transcripts/04-480.pdf\" rel=\"nofollow noreferrer\">RIAA famously said</a> that it it ok to rip your music.</p>\n\n<p><a href=\"https://i.stack.imgur.com/3qfj3.jpg\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/3qfj3.jpg\" alt=\"enter image description here\"></a></p>\n\n<p>But that position was obfuscated in a <a href=\"http://www.copyright.gov/1201/2006/reply/11metalitz_AAP.pdf\" rel=\"nofollow noreferrer\">joint comment about copy protection</a>.</p>\n\n<p><a href=\"https://i.stack.imgur.com/0eM4I.jpg\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/0eM4I.jpg\" alt=\"enter image description here\"></a></p>\n\n<p>So who really knows. The RIAA is known for being brutally protective of their copyright.</p>\n\n<p>Software is different because it is licensed. The legality of copying is going to be dependent on the license, which you will need to read! For example, here is some language from <a href=\"http://download.microsoft.com/Documents/UseTerms/Office_2013%20Professional_English_d099c123-aa5f-4953-b266-48afc25579f2.pdf\" rel=\"nofollow noreferrer\">Microsoft's Office 2013 Professional</a>: </p>\n\n<p><a href=\"https://i.stack.imgur.com/epP9y.jpg\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/epP9y.jpg\" alt=\"enter image description here\"></a> </p>\n\n<p>But then later it seems like we can make a backup copy: </p>\n\n<p><a href=\"https://i.stack.imgur.com/CdCel.jpg\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/CdCel.jpg\" alt=\"enter image description here\"></a> </p>\n\n<p>Maybe that is for the benefit of the Japanese users: </p>\n\n<p><a href=\"https://i.stack.imgur.com/rKUvD.jpg\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/rKUvD.jpg\" alt=\"enter image description here\"></a></p>\n\n<p>But I do not think so because the permitted backup copy is mentioned in the main License Terms section, not in the Additional Terms where we find the Japan note. So, yeah, read the terms and try to figure it out!</p>\n", "score": 1 }, { "answer_id": 3992, "body": "<p>Title 17 of the US Code deals with copyright, states that copying an original work without the consent of the copyright holder is infringement. It is silent on the matter of format-shifting and space-shifting. So really, you'd want to know whether your copies fall under fair use.</p>\n\n<p>One of the key considerations in determining whether a particular use falls under <em>fair use</em> is (per 17 USCS § 107(4)):</p>\n\n<blockquote>\n <p>the effect of the use upon the potential market for or value of the copyrighted work.</p>\n</blockquote>\n\n<p>As per <a href=\"https://scholar.google.com.au/scholar_case?case=9264256117650290509&amp;hl=en&amp;as_sdt=6&amp;as_vis=1&amp;oi=scholarr&amp;sa=X&amp;ved=0CBwQgAMoADAAahUKEwibw4216ZLIAhWB4qYKHXyLD5A\" rel=\"nofollow\">MCA, Inc. v. Wilson, 677 F.2d 180 (1981)</a> at 183:</p>\n\n<blockquote>\n <p>... where a claim of fair use is made, a balance must sometimes be struck between the benefit the public will derive if the use is permitted and the personal gain the copyright owner will receive if the use is denied. ... The less adverse effect that an alleged infringing use has on the copyright owner's expectation of gain, the less public benefit need be shown to justify the use. <em>(citations omitted)</em></p>\n</blockquote>\n\n<p>So, the question you would ask is whether personal copies of original media have an adverse effect on the copyright owner's expectation of gain. You wouldn't necessarily need to destroy the original media, and backups of the non-original hard drive would fall under the same test. A personal copy or backup, provided you still own the original media, is unlikely to have an adverse effect on the copyright holder's personal gain.</p>\n", "score": 0 } ]

[ "united-states", "copyright" ]

[ { "answer_id": 3990, "body": "<p>German asylum law is codified in the \"<a href=\"http://www.gesetze-im-internet.de/aufenthg_2004/index.html\">Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet</a>\" (English translation: <a href=\"http://www.gesetze-im-internet.de/englisch_aufenthg/index.html\">\"Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory Residence Act\"</a>), or short AufenthG. The paragraphs in this answer all apply to this law unless noted otherwise. This is a very, very long and complex law and the explanations here are grossly oversimplified. I am not a lawyer. This is all my personal interpretation of the laws as a layman. When you want to know it exactly, please read the full law or ask a lawyer to explain it.</p>\n\n<p>A foreigner who requests asylum in Germany has permission to stay in the country until their request for asylum has been processed (§25).</p>\n\n<p>When the request is denied (for example, because they come from a country considered safe or because there is insufficient evidence that they are in danger in their home-country), they become illegal immigrants and will have to leave the country as soon as possible (§50), if necessary by force (§58). The foreigner can even be imprisoned until a deportation is possible (§62).</p>\n\n<p>When the request is accepted, they get a time-limited permission to stay in the country for up to 3 years (§26) which can be extended for another 2 years afterwards. During that extension process it is reconfirmed if they still are in danger in their home-country. When the situation has changed, the extension might not get granted and they have to leave the country. </p>\n\n<p>When the asylum extension was granted, the refugee can apply for a permanent settlement permit. Such a permit allows the foreigner to stay in Germany indefinitely. However, this does not make them a German citizen yet. </p>\n\n<p>To become a German citizen with full access to social security, a German passport, voting rights etc., a foreigner needs not only a permanent settlement permit but also to go through the process of \"Einbürgerung\" (naturalization) according to § 10 <a href=\"http://www.gesetze-im-internet.de/rustag/BJNR005830913.html\">Staatsangehörigkeitsgesetz</a> (<a href=\"http://www.gesetze-im-internet.de/englisch_stag/englisch_stag.html\">Nationality Act</a>). There are several personal requirements for this, like living in Germany for several years, having a permanent employment, not committing any crimes and also passing a written citizenship test.</p>\n", "score": 7 } ]

[ "international", "germany", "citizenship" ]

[ { "answer_id": 1884, "body": "<p>A web site's Terms of Service are not a contract but, rather, a license. <a href=\"http://www.law.washington.edu/lta/swp/law/contractvlicense.html\" rel=\"nofollow\">law.washington.edu</a> has an interesting discussion of contracts vs. licenses and asks the question, \"Does it matter?\"</p>\n\n<p>In the case of a web site, the owner of the web site is granting you a license, subject to certain terms, to access the web site and use it. No consideration is required for a license.</p>\n\n<p>From the linked article, which discusses copyright, \"In the context of copyright law, a 'license' is a permission to do an act that, without the permission, would be unlawful.\"</p>\n\n<p>In the case of a web site's terms and conditions, the owner is granting permission to you to access and use the web site subject to the terms of the license. Typically, such a license will require you to release any liability that may accrue because of your use of the site.</p>\n\n<p>The Stack Exchange license, in fact, grants certain permissions related to copyright, \"Subscriber may download or copy the Content, and other items displayed on the Network for download, for personal use, provided that Subscriber maintains all copyright and other notices contained in such Content.\"</p>\n\n<p>The Stack Exchange license also places requirements on those who contribute to discussion including a requirement to \"perpetually and irrevocably [license] to Stack Exchange\" anything we post.</p>\n\n<p>In this case, by pressing the \"Post Your Answer\" question, I have agreed to license my creation, this answer, to Stack Exchange.</p>\n", "score": 3 }, { "answer_id": 1882, "body": "<p>The short answer is to limit liability in a whole host of ways.</p>\n\n<p>Website terms and conditions seek to, first and foremost, limit liability by ensuring that the host cannot be held responsible for the actions or opinions of users.</p>\n\n<p>The terms and conditions, if read, necessarily expound upon the purpose of the site. Of course they also dictate the terms of acceptable behavior/use, but liability is generally why they are everywhere.</p>\n", "score": 1 }, { "answer_id": 3958, "body": "<p>Essentially it's 3 things.</p>\n\n<ol>\n<li><p>Legal disclaimer = Everything they don't want to be responsible for.</p></li>\n<li><p>Rules = What you are and are not allowed to do with their thing.</p></li>\n<li><p>Exchange cost = What you allow them to get from you. Sometimes this is the bare minimum required to operate the service you want to use. E.g., they can't make you a picture gallery online if you don't allow them to touch your pictures. However very often it's also giving up data and rights they'd have to normally ask permission for or buy from you. They overcharge - same way as a merchant doesn't ask you the exact cost it took to produce the product - but charges you extra. It's the extra charge that all the fuss is about around the web.</p></li>\n</ol>\n\n<p>Having detailed information about people is proven to be a valuable commodity in and of it self.</p>\n", "score": 0 } ]

[ "contract-law", "terms-of-service" ]

[ { "answer_id": 3844, "body": "<p>A tenant can only be held liable for any damage that is caused during the course of the tenancy if not pre-existing (marked by notation in your lease, or photos upon move-in). If <em>you</em> cause damage you must pay reasonable cost to rectify the damage. I feel comfortable saying that as a rule, landlords are not typically piling trash in the house or breaking things to get your deposit. Logically, they'd still have to have the trash removed and fix any damages, even if they use your deposit, so there is not a whole lot to gain by doing that. Landlords tend to not want their properties damaged; they want the unit re-rented. Typically, compared to the monthly value of the unit, your deposit is small in comparison. I have heard people argue this type of thing in court and they inevitably lose.</p>\n\n<p>Landlords, however, cannot act arbitrarily in keeping your deposit. This just means they must be reasonable in what they keep, if anything. If there is a hole or two from nails, they cannot charge to re-paint. However, if you trash the walls or if you paint a wall hot pink, they can. If a neignbor kid breaks the window, you'd need to notify the landlord before the day you move out, and take actions to mitigate the damage (ie. speak to the parents of the kid, file a police report, or whatever else supports you landlord in getting it paid for by a third-party).\"Reasonable\" generally means that unless you caused damage to the apartment and you abide(d) by the terms of your rental agreement/lease, your landlord must refund your deposit along with interest from the day you moved in. </p>\n\n<p>Keep in mind, if you have a contract, that instrument will direct the terms of what you must do to ensure your deposit is returned. If you don't have a writing, local housing laws will dictate the terms of a tenancy-at-will. With these, the same rules apply to your deposit, except there are not special conditions except those set by the law, and you can move anytime with 30 days notice from the last paid rent. Otherwise, your rental term will determine when you can leave with no loss of deposit or other financial damages.</p>\n\n<p>So long as you proceed both during tenancy and upon departure, in keeping with your agreement (which is controlling so long as it is in keeping with the laws), you are entitled to a full refund - usually in at maximum of 30 days, or earlier if your lease/agreement sets it out as such. Many landlords will return the deposit after the move-out walk through if you've completed the entire term of your lease and owe no back rent or late fees. Walkthrough is integral to getting your deposit back; be sure to take photos. </p>\n\n<p>If you do have a lease and regardless, you leave early, there will be an early abandonment/termination fee - even with prior notice. The fee for this will usually be either a lump sum, or the amount due under the lease had you stayed; if you owe early termination fees your deposit can be kept to help fulfill this amount potentially due. If you have a pet, there may be a non-refundable pet deposit; some leases have a non-refundable cleaning fee regardless of pets; some require you leave the apartment broom-swept and generally clean; some leases charge storage or trash removal for anything left behind. No matter what happens, when your tenancy ends, you should walk through the apartment with your landlord, whereby he he goes through it with you and afterward he signs a statement that you walked through together and there were either no damages-or if there are, that they're determined and agreed to at that time. If there is one that you disagree on, mark it as such and try to negotiate how much you'll be charged for it, or if you can fix it yourself. If you cannot agree, he can keep the cost of fixing it, and then your only recourse is to sue to have it returned.</p>\n\n<p>If your landlord keeps any portion of your deposit, he <em>must</em> send an itemized record of what what kept and <em>why</em>, and the costs for <em>each damage</em> individually itemized. With that, he must return any reminder.\nhere are things that a landlord can never do. Your deposit cannot be kept \"unreasonably\". It would be <em>unreasonable</em> to withhold any portion of your deposit if you've not damaged anything and owe no financial reparations. It would be unreasonable if you owe no money. </p>\n\n<p>There are things that a landlord can never do so as not to keep your deposit \"unreasonably\". It would be <em>unreasonable</em> to withhold any portion of your deposit if you've not damaged anything and owe no financial reparations. It would be unreasonable if you owe no money on the lease. A landlord cannot use your deposit to refresh the apartment or for normal wear and tear that occurs under normal use and care. So, for example, if you live there for 5 years you cannot be charged for carpet or paint because it would've been worn with normal careful use - whereas, if those items are in bad shape and you moved in only only one year prior (assuming both were new or in great condition), well then your deposit could be used for those damages. </p>\n\n<p>In some jurisdictions, if you can prove it (or any portion of it) was kept intentionally wrongfully (even if they just couldn't afford it) you can get treble damages (3x what is owed). But, you must show that you ou were due the money back and notice either wasn't given to keep it, or it misrepresented the damages - either way, that your money was not returned. The notice to keep any portion must come within the timeframe set out by agreement or housing law in your area.</p>\n", "score": 2 }, { "answer_id": 3846, "body": "<p>Since you tagged Canada as the region, I'm adding an answer that might not fully answer your question, but could definitely lead a complete answer straight from the horse's mouth with a simple phone call.</p>\n\n<p>I'm going to use Ontario as a more specific point of reference, since it's what I'm familiar with. In Ontario, anything to do with your lease or rental agreement (residential) is ultimately governed by the <a href=\"http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06r17_e.htm\" rel=\"nofollow\">Residential Tenancies Act</a>. Disputes such as yours used to be brought to the Ontario Rental and Housing Tribunal, where you could formally make an accusation and the landlord would have to defend themselves or vise versa.</p>\n\n<p>This tribunal would, after hearing all evidence, rule for or against and could even award damages, refunds etc. At least when I used to go through this process, there were no fees that I recall (yay Canada, let's just make our future generations pay for it). However, things appear to have changed, and this tribunal appears to have been <a href=\"http://www.sjto.gov.on.ca/ltb/\" rel=\"nofollow\">assimilated</a> into a massive <a href=\"http://www.sjto.gov.on.ca/en/\" rel=\"nofollow\">collection of tribunals</a>.</p>\n\n<p>So to answer your question as best I can, this is the normal process. You have a lease agreement where you've given over money as a security deposit. You've given it over. A situation arises where the landlord believes that under the agreement, they have the right to keep the money. You phone up the tribunal, give them the situation, ask about filing a claim against the landlord, proceed as directed, let them judge.</p>\n\n<p>Your last question about what prevents the landlord from simply lying I think is already answered. They can be dragged before a tribunal at their own expense, a tribunal which has the power to hit them where it hurts, their wallet. Under scrutiny, they would have to commit fraud against a lower court and get away with it. There's a huge deterrent there, even though the punishment for such a thing in Canada is probably no hockey for a week.</p>\n\n<p>As a final note, when you call up these tribunals, they are there to serve the public for free. That's you. You don't necessarily need a lawyer, as they are tasked to decipher and communicate the letter of the law insofar as it concerns you in your circumstances. Abuse it. </p>\n\n<p>Ask lots of questions. It's more than likely that your landlord put illegal terms in the lease. Maybe the security deposit itself was illegal, maybe the amount was. Asking questions, you'd find out things like the fact that in Ontario (last time I checked), landlords are required to pay interest when you terminate tenancy on your last month's rent deposit. So maybe he not only owes you back your money, but that plus some. Asking lots of questions will lead to knowledge of power that you would of otherwise not known you had. In this case it's free, so take as much as you can.</p>\n\n<p>Lastly, I'm Canadian so I reserve to the right to poke fun. :)</p>\n\n<p><strong>Edit</strong><br>\nYou mentioned in a previous answer that you were in B.C. The appropriate link for you is <a href=\"http://www2.gov.bc.ca/gov/content/housing-tenancy/residential-tenancies/solving-problems/dispute-resolution\" rel=\"nofollow\">this</a>. You can find everything you need from contact information to ask questions, to guides on how to file a dispute to have your case heard.</p>\n", "score": 1 }, { "answer_id": 3885, "body": "<p>With something like this, the letter of the law is not usually too important; what is important is understanding what happens in reality. What happens in reality is the following:</p>\n\n<p>(1) The landlord finds some excuse to keep your money and maybe gives you a note reading to that effect.</p>\n\n<p>(2a) 99% of the time the tenant will walk away and lose their money; end of story.</p>\n\n<p>(2b) The tenant goes to the county court house and fills out a small claims lawsuit for the amount the landlord stole, plus time spent in court, plus fees, plus aggravation, plus anything else he can think of.</p>\n\n<p>(3) On the day in question both parties show up in packed courtroom filled with screaming babies. After listening to the clerk read irrelevant mumbo jumbo about unrelated cases for 2 hours, the clerk says \"Do Mr. Breakeverthing and Mr. Pennypincher want to arbitrate, if so raise your hand.\" Then you and the a-hole both raise your hands.</p>\n\n<p>(4) You both then go to this dingy room with a highly annoying social-worker type in it (the \"arbitrator\"). You can safely ignore that person.</p>\n\n<p>(5) You then tell Mr. Pinnypincher: \"If you give me money in cash right now I will sign the arbitration, otherwise we go back in the giant room with the screaming babies and wait for another 3 and 1/2 hours.\"</p>\n\n<p>(6) Mr. Pinnypincher will then fork over the money, curse your family and storm out of the room.</p>\n\n<p>That is what happens in reality.</p>\n", "score": 0 } ]

[ "canada", "rental-property", "british-columbia" ]

[ { "answer_id": 3976, "body": "<p>Two questions, here:</p>\n\n<ol>\n<li>Can a text story be obscene under the law?</li>\n<li>As one who hosts a website, can you be held liable for the content of a site?</li>\n</ol>\n\n<p><strong>Can a text story be legally obscene</strong></p>\n\n<p>The United States Court of Appeals for the Eleventh Circuit published their opinion on <a href=\"http://law.justia.com/cases/federal/appellate-courts/ca11/13-14350/13-14350-2015-03-12.html\" rel=\"nofollow\">United States of America v. Frank Russell McCoy</a> on March 12, 2015.</p>\n\n<p>Mr. McCoy maintained a website, young-stuff.com, from his home. He authored or edited more than 200 graphic stories detailing \"sexual abuse, rape, and torture of young children.\"</p>\n\n<p>Mr. McCoy was indicted in June, 2007 and found guilty. The appeals court affirmed the conviction. Both the initial trial court and the appeals court found Mr. McCoy's stories \"lack serious literary, artistic, political, or scientific value.\"</p>\n\n<p><strong>Can a web site's host be held liable for the content of a site?</strong></p>\n\n<p><a href=\"https://www.eff.org/issues/cda230\" rel=\"nofollow\">Section 230 of the Communications Decency Act</a> says that</p>\n\n<blockquote>\n <p>No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.</p>\n</blockquote>\n\n<p>It also states that no internet entity has immunity from federal criminal law.</p>\n\n<p>Section 230 has been found to apply to intermediaries of third-party content. Generally, most assume that when the content is simply hosted and not moderated by the web site then there is no liability for the provider.</p>\n\n<p>That's not always the case and is determined by whether the host of the web site is considered a provider of interactive computer services or an information content provider.</p>\n\n<p>Any person responsible \"in whole or in part...for the creation or development of information\" is an information content provider.</p>\n\n<p>Which are you?</p>\n\n<p>In <a href=\"https://www.eff.org/issues/cda230/cases/fair-housing-council-san-fernando-valley-v-roommatescom\" rel=\"nofollow\">Fair Housing Council of San Fernando Valley v. Roommates.com</a>, the 9th Circuit Court of Appeals ruled that roommates.com was not immune under Section 230 because they asked questions of their users that helped facilitate a potentially illegal search under the Fair Housing Act. They, therefore, helped create the content the site hosted.</p>\n\n<p>The question will ultimately rest on whether someone decides the content is obscene enough to be prosecuted and then if you, the site's host, aided in creating the content.</p>\n\n<p>This definitely requires the assistance of competent legal counsel.</p>\n", "score": 4 } ]

[ "united-states", "internet" ]

[ { "answer_id": 3979, "body": "<p>I can only speak from experience for Pennsylvania, but this is how it works there: When you are working as a 1099 contractor you are \"unemployed\" for purposes of claiming unemployment. As you learned the hard way: you should apply for unemployment as soon as you lose your W-2 job.</p>\n\n<p>Every time you go to claim unemployment compensation the agency will ask if you have any earned income for the period you are claiming. That's where you would declare your 1099 income. Your unemployment compensation for the period will be adjusted accordingly. Basically you want to keep your unemployment claim \"open\" until either you secure full-time W-2 employment, or until you have exhausted your unemployment benefits. The system isn't setup to deal with any other scenario very gracefully.</p>\n\n<p>Of course, never omit or falsify information provided to the unemployment agency!</p>\n", "score": 4 } ]

[ "contract-law", "employment" ]

[ { "answer_id": 3561, "body": "<p>The answer is somewhat similar to <a href=\"https://law.stackexchange.com/questions/3519/consent-to-searches-who-wins-my-word-against-yours\">the \"corollary\" question</a>, in that this wouldn't be the only information taken into account at a motion to suppress and one would need know why the officer requested (in your scenario demanded) to search you in the first place. There are scenarios whereby he could search you without benefit of a warrant. Was he chasing you from a crime scene? Were you attempting to flee? Did he see something illegal before demanding the search that may have made it legal despite you thinking it not? </p>\n\n<p>The analysis is different if you are in the car versus in your house. That said, regardless of where, a consent search is just not likely to happen in this way. </p>\n\n<p>In your car, the officer has the right to take your keys to \"secure the scene,\" or if there is a reasonable suspicion that you may attempt to flee. Typically, the officer will say \"turn off your car\" without taking your keys. Despite what's typical, though, they certainly <em>can</em> take your keys if circumstances make it necessary and <em>that</em> (the mere taking of keys) does not constitute a search. </p>\n\n<p>Keep in mind that the police <em>can</em> search a car without a warrant in a number of circumstances, without your consent, that would not be available to them with a dwelling. Courts will typically give police much more latitude to search a vehicle than a home. Under the \"automobile exception\" to the search warrant requirement, individuals have less of an expectation of privacy when driving a car and there is also a much greater chance of losing the evidence in a car vs. a dwelling, since it's mobile.</p>\n\n<p>Generally, the police can search your car if:</p>\n\n<ul>\n<li>You have given the officer consent (in this scenario you've not &ndash; unless you hand them the keys without protesting &ndash; and then this would be considered implied consent);</li>\n<li>The officer has probable cause to believe there is evidence of a crime in your car;</li>\n<li>The officer reasonably believes a search is necessary for their own protection (e.g., they can search for a weapon, if they have reasonable suspicion);</li>\n<li>You have been arrested and the search is related to that arrest (such as for drunk driving or for drugs, they can search for alcohol or drugs).</li>\n</ul>\n\n<p>There are tons of contextually specific rules that dictate when each of these situations is OK, and when they're not, as well as where they can search under what scenarios. It is not a one size fits all analysis. In fact, warrantless and consent searches may be some of the most variable analyses criminal attorneys and judges undertake to explore. The law on these topics is voluminous.</p>\n\n<p>Searching your car after you've given the officer the keys, assuming there was no basis and you actually said \"you're not consenting,\" <em>can</em> result in suppression, but not necessarily as the fight is a lot tougher when it comes to a car. (E.g., if you said no earlier, but then handed the cop the keys later without renewing the objection, this could be considered an implied consent.) Similar to the other question, there is also going to be a whole other side to the story, with evidence aside from your testimony dictating what the ruling will be. </p>\n\n<p>A dwelling is different from a car, although your question makes some assumptions here that I would find very hard to see happening in real life (having represented both police, municipalities, and defendants to criminal searches)....</p>\n\n<p>It would be highly unlikely for an officer to threaten to break in like this ... especially in a dwelling where neighbors and passersby can see what's happening and would not only watch, but would probably video it. This is not to suggest that threats and actual wrongdoing doesn't happen, it's just not typically in this way. Police know the law. They rarely do things so blatantly unlawful that not only will nearly ensure that any evidence is inadmissible, but (in a case like this) where they will also probably lose their job.</p>\n\n<p>Short of a pursuit where the police are chasing someone into a house, I have never heard of a forced entry in a situation like you're describing. While we don't know the circumstances leading to the encounter, I am assuming that the search isn't pursuant to a chase, since you're having a discussion with the officer and if you're chased from the scene of a crime and run into your house, they're coming in. They are <em>not</em> having discussions.</p>\n\n<p>However, since we don't know what the circumstances are that lead to you being approached in the first place, it's difficult to analyze whether he has the right to enter warrantlessly. What we do know is that with a dwelling, it is much less likely to be lawful. As with the other question, the analysis as to whether consent was given or not is far from simple. Suspects are much less likely to give consent to search a dwelling as they are a car, and if they do, the search is often limited to a certain area, so chances of suppression are much better. That said, others will often give consent to the police when requested of them (spouses, kids, landlords, hotel owners, etc).</p>\n\n<p>Just imagine ... there are literally thousands of warrantless searches done every single year in the U.S., nearly all of which are alleged to be based on some form of consent. Assume every one of those people has a lawyer; that means nearly every one of those cases is arguing the consent was bad, some way, some how. Duress is one of the most common arguments when someone gives permission; either explicitly (like what you are proposing), implicitly (they came with 10 grimacing cops, so the guy thought he didn't have a choice). Most of the time, however, there is no duress, people just simply didn't know they can say no, or they think the cops won't find what they're hiding. </p>\n\n<p>Cops can do a lot of things to get you to allow for a warrantless search. They can even lie to people to get them to consent, and officers <em>are not</em> required to notify the suspect that he has a right to refuse to consent (however, telling the suspect they have the right to refuse is helpful to rebut the coercion argument). In <em>United States v. Mendenhall</em>, \"The fact that the officers themselves informed the respondent that she was free to withhold her consent substantially lessened the probability that their conduct could reasonably have appeared to her to be coercive.\"</p>\n\n<p>Keep in mind, a big part of the reason why these scenarios are unlikely is not just that the police can find a way in that won't be so challengeable, if they really can't get a legitimate warrant and need to find a deleterious way in. It's also because 9 in 10 times when a police officer does a consent search, the suspect signs a consent form. That's not to say that people don't get coerced or get searched due to duress, they do. But typically not in so blatant a way. There are shades of grey in most of these cases. So, to answer whether you can get the search suppressed if it leads to an arrest under these facts; the only answer that is definite, is that nobody can be sure.</p>\n\n<p>If consent searches, their exceptions, and all ways the evidence gets in and the evidence is kept out interests you ... read these two law review articles. There are probably 200 cases footnoted between them!</p>\n\n<ul>\n<li><a href=\"http://www.bu.edu/law/faculty/scholarship/workingpapers/documents/MaclinT011508.pdf\" rel=\"noreferrer\">http://www.bu.edu/law/faculty/scholarship/workingpapers/documents/MaclinT011508.pdf</a></li>\n<li><a href=\"http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-81-6-Sutherland.pdf\" rel=\"noreferrer\">http://www.nyulawreview.org/sites/default/files/pdf/NYULawReview-81-6-Sutherland.pdf</a></li>\n</ul>\n", "score": 10 }, { "answer_id": 3962, "body": "<p>If he says he's going to break the door down, unlock the door, but don't open it. Tell him you don't want your car or house searched, but you're not going to physically stop him. It will save you a broken door, but you didn't lose rights because you didn't open it. In court, the officer will mention whatever reason/evidence he had to demand a search as evidence for a search. Only when you're in court and it's too late for them to get a search warrant should you ask for a search warrant. Not having a search warrant or consent might save you in court depending on the evidence the officer had to demand a search and what he was searching for.</p>\n", "score": 0 } ]

[ "united-states", "police", "search-and-seizure" ]

[ { "answer_id": 3957, "body": "<p>There is not necessarily a contradiction. Information that they may keep may be:</p>\n\n<ul>\n<li>Account information </li>\n<li>Subscriber information</li>\n<li>Information on breaches of the Terms of Service or Agreement</li>\n</ul>\n\n<p>So yes, they might certainly not keep any logs &ndash; although that claim is doubtful, since they almost certainly keep at least error-level logs of their services &ndash; but that doesn't mean that they have no information to disclose to law enforcement.</p>\n\n<p>It's also questionable what \"logs\" refers to &ndash; would aggregate statistics be considered a log, by law? Would your last known IP address be considered a log, provided they don't keep any other history?</p>\n", "score": 3 } ]

[ "internet", "contract-law", "privacy" ]

[ { "answer_id": 3853, "body": "<p>No, there is no recourse. An yes, the potential \"costs\", both personal, financial, social, can be high and are not compensable under an investigatory hold scenario; however, it doesn't usually happen like that. There is no investigatory hold that long without arrest. If the police want to talk to you but don't have enough to arrest you, you can leave any time. If you call your lawyer, he/she will come to the police station and tell the cops to release or arrest you.</p>\n\n<p>If the police really want you to stay, likely there is probable cause and they can keep you anyway. The police can arrest you and keep you, without a warrant so long as there is \"probable cause\" to believe that a crime has been committed (by you). Once arrested without a warrant, this is what is usually referred to as an investigatory hold, where the law says you must be arraigned within 72 hours (some states it must be 48 hours, 1 day less than supreme court says is reasonable). During this time they can investigate their case against you and decide what, if any, charges they will bring.</p>\n\n<p>There is no recourse for this, (in the event they bring no charges) unless you can establish that you were held for no reason (including not being falsely identified) and that it was only to intentionally deprive you of your right to liberty. This is nearly impossible to prove, unless you really did nothing and the cop was just messing with you (for instance in a personal vendetta) and you can show that.</p>\n", "score": 6 }, { "answer_id": 3865, "body": "<p>There are a number of different options. The first question is: (1) did the police have a reasonable cause to make an arrest in the first place, (2) do they have grounds to hold the person, and (3) are the state laws inconsistent with the Constitution in any way?</p>\n\n<p>Make no mistake, \"detaining\" someone for long periods of time is an <strong>arrest</strong>. The Supreme Court of the United States has ruled that a person can be \"detained\" for up to 20 minutes if some suspicion exists. Holding someone for more than that amount of time constitutes an arrest. Unfortunately, many states have created essentially unconstitutional laws defining \"detention\" in a different way than the Supreme Court. In Hayes vs Florida (470 U.S. 811) the Supreme Court said it was unconstitutional to remove a person from their home and take them to a police station unless they had a warrant or probable cause for arrest. Another case is Kaupp v.Texas in which the police made a false arrest out of a home. In general, anytime the police forcibly transport a person to a police station, it is an arrest.</p>\n\n<p>If a person is being \"detained\", this is only justifiable for \"investigative\" purposes. A person cannot be imprisoned for no reason. If the person clearly states they refuse to answer questions, the police have no justification for holding and must let them go, otherwise it is false imprisonment. Also, if the police \"detain\" someone and do not question them, but leave them in cells for hours, it is false imprisonment. If the person talks to the police or cooperatively answers their questions, that will justify the \"detention\". For this reason (among others) a person wanting to stay out of \"detention\" should NEVER talk to the police or answer any of their questions.</p>\n\n<p>The remedy is to sue the town that employees the police in question, or county if it is a sheriff, state if it is a State police officer, or US Government if it is a federal official or office, like a treasury agent or postal inspector.</p>\n", "score": 2 }, { "answer_id": 3961, "body": "<p>If your goal is getting money, sue the police department and hire an attorney. If your goal is so that it doesn't happen again to you, sue the arresting police officer as an individual in small claims court. Subpoena the state attorney that dropped your case as a witness. Don't hire an attorney, pay a small filing fee (around $100) and show no mercy in court. If you win, tell the police department to fire that police officer or you'll sue the police department. You might want to wait 6 months to sue so that the time runs out on the State's right to prosecute you under speedy trial limitations.</p>\n", "score": 2 } ]

[ "united-states", "police", "sixth-amendment" ]

[ { "answer_id": 2162, "body": "<p>Your rights¹ in a country depend on that country's laws with respect to aliens (foreigners).</p>\n\n<p>While you may expect some standards where countries have obligations under international law, a sovereign state is free to legislate with respect to aliens as it wishes.</p>\n\n<p>The short answer? You don't have British rights when you travel abroad, and the same is true for any person who travels internationally. But each country may afford certain rights and privileges to foreigners, especially those who are in the country legally.</p>\n\n<hr>\n\n<p>_{\n1. Let's call them <em>effective</em> rights, because there's been a lot of (accurate) talk about you retaining your UK rights when you travel. Though this may be true, your experience overseas is going to really come down to the rights that the country that you are in recognises. Your <strong>responsibilities</strong> as a UK citizen, however, may continue even if not recognised by the country you are in by virtue of extraterritorial legislation.\n}</p>\n", "score": 23 }, { "answer_id": 2169, "body": "<p>There are rights and duties that you have as a British Citizen. You keep these rights wherever you go. These rights say for example how British Police has to treat you, but if you are say in Germany, you are unlikely to meet British Police, so these rights are not very helpful abroad. </p>\n\n<p>You have certain rights as a EU citizen. These rights will be useful to you mostly within the EU. Strange enough, some of these rights that you have as an EU citizen you (a British citizen) have everywhere in the EU, except in Britain! On the other hand, if you visit Germany, you might have EU rights that German citizens don't have. </p>\n\n<p>Next, whatever country you go to, you may stay there long enough to become a resident, or short time to be a visitor. For example, if you visit the USA you have the right not to be robbed or shot. You don't have any right to enter the country (but they let you in because it's good for business), but once you're there you actually have quite a lot of rights, which the USA voluntarily give every person present in the USA. And that applies to people who are there illegally as well. Sure, the police can arrest them (like they arrest people believed to have committed a crime), or they can be removed, but they still have all the basic rights.</p>\n\n<p>So as a visitor you have some rights, enough to say you are not \"there at your own risk\". As a resident you usually gain even more rights, but also more duties. </p>\n", "score": 13 }, { "answer_id": 3504, "body": "<p>While the circumstances you describe do not mean your friend lost any of his British rights (which only apply to interactions with the British government), it is true that being outside of the UK a British subject does lose some protections.</p>\n\n<p>For example, recently the UK assassinated three British subjects who were allegedly part of IS, on the grounds that they may have been plotting against the UK. If they had been in the UK at the time it is unlikely they would have been attacked with a drone; their rights under UK law would have required and arrest and prosecution. The government has stated that since they were outside the UK in what they claim was a \"theatre of war\", their killings did not require judicial oversight.</p>\n\n<p>Well, not just oversight, we don't have capital punishment in the UK at all, and certainly not for the innocent.</p>\n", "score": 3 }, { "answer_id": 2187, "body": "<p>You may have gotten rights and privileges mixed up. You don't have rights, as a British subject (you're subjects, right, not citizens?) in a foreign country. But it used to be that you had a <em>privilege</em>: That being a British subject would enable, even cause, the British government to use its influence - or even enforce its influence with military might - to protect you anywhere in the world. See <a href=\"https://en.wikipedia.org/wiki/Don_Pacifico\" rel=\"nofollow\">Don Pacifico</a> for example. And that might have made foreign countries think twice before messing with you.</p>\n\n<p>But that was over 150 years ago. Today, your privilege: don't count on it.</p>\n", "score": 2 }, { "answer_id": 2189, "body": "<p>There are ways that you can give up your UK citizenship; travelling to a foreign country is not one of them.</p>\n\n<p>While traveling you retain all your rights and obligations as a UK citizen - this includes the right to be detained and charged in accordance with the laws of the country through which you are travelling (unless you are an accredited diplomat). This is exactly the same right that you have at home!</p>\n\n<p>While travelling one of your other rights is for the UK government to offer you <a href=\"https://www.gov.uk/government/publications/support-for-british-nationals-abroad-a-guide\" rel=\"nofollow\">consular support</a>. Among the (long) list of things the government <strong>cannot</strong> do is:</p>\n\n<blockquote>\n <p>Investigate crimes, get you out of prison,\n prevent the local authorities from deporting\n you after your prison sentence, or interfere\n in criminal or civil court proceedings; because\n we cannot interfere in another country’s\n processes, and must respect their systems just\n as we expect them to respect the UK’s laws\n and legal processes.</p>\n</blockquote>\n", "score": 2 } ]

[ "united-kingdom", "air-travel" ]

[ { "answer_id": 3953, "body": "<p>Your permit entitles you to what is says it does in the contract. </p>\n\n<p>It is extremely likely that the operator explicitly does not warrant there will be parking available when you want it. If so, you have no breach and no remedy.</p>\n", "score": 2 } ]

[ "contract-law", "canada" ]

[ { "answer_id": 3950, "body": "<p>In general, you are under no obligation to keep address records - at least, I wasn't able to find any laws that impose a general obligation on businesses.</p>\n\n<p>However, there may be laws that impose such requirements on certain types of businesses - for example, financial institutions are required to verify the identity of their customers, and address records are almost certainly part of the process for doing so. </p>\n\n<p>Similarly, if you are professionally insured (for instance, in the legal sector), you may be contractually required to complete an identity check, which maintaining address records may form part of. <strong>Of course, being a hosting company, this might not apply to you</strong>, though if you have insurance, you should probably check the terms, or ask them for information on this matter.</p>\n\n<p>Lastly, although you may have dismissed this as a legal reason to do so, you may wish to maintain address records in order to, if the need arises, verify the identity of a customer who might bring a claim against you, or to dispute the identity of a party attempting to do so - the less information you have, the harder it would be for you to verify that they are, in fact, a customer, and this <em>could</em> result in unwarranted judgements against you.</p>\n\n<p>Of course, because you're trading internationally, it's a bit difficult to ensure that no laws, anywhere, require this of you - some countries have laws with extraterritorial effect.</p>\n", "score": 0 } ]

[ "international", "business" ]

[ { "answer_id": 3943, "body": "<p>No. At least not from a legal perspective.</p>\n\n<p>\"Legal documents\" is an extremely broad term, but the most common \"legal documents\" are private contracts.</p>\n\n<p>Under U.S. law, there are plenty of clauses that won't be enforced by courts--but they are determined by their meaning, not their language. There are no specific words that will render a contract unenforceable. If you write a document that says, \"I hereby agree to sell that asshole Lou my fucking car for three thousand goddamn dollars,\" and you both agree to those terms, you have an enforceable contract, and a court will, if necessary, treat it like any other contract. On the other hand, if you write \"I hereby covenant not to resell my house to any persons of African-American descent,\" nobody is going to take issue with the vocabulary you're using--but your meaning renders the document unenforceable.</p>\n\n<p>Of course, if you are dealing with legal documents in a professional capacity, you will want to write your contract in professional English, just like you would in a professional letter, or any other kind of document. But learning to write professionally is not specific to \"legal documents\" and is outside the scope of this site.</p>\n", "score": 2 } ]

[ "united-states" ]

[ { "answer_id": 3940, "body": "<blockquote>\n <p>Would there be legal ramifications for asking that in a public forum?</p>\n</blockquote>\n\n<p>As phrased, I cannot see how there would be. First and probably most importantly, in the context these questions are clearly hypothetical. In many jurisdictions there are laws against making threats, however, those threats have to be made <em>to</em> the person and contain within them sufficient force that the person concerned can reasonably feel that that they may be acted on. Similarly, they do not qualify as in incitement to violence or a conspiracy.</p>\n\n<blockquote>\n <p>could the web host be forced to provide what ever details they do have on people who respond?</p>\n</blockquote>\n\n<p>If a court issued a subpoena then failure to supply the information would be contempt of court. Would a court issue a subpoena? Probably not; there is no evidence apparent that there is any criminal or illegal activity going on.</p>\n\n<blockquote>\n <p>What if the question is no longer \"would you\" but \"have you\", insinuating this person has already committed a crime?</p>\n</blockquote>\n\n<p>No ... look:</p>\n\n<p>\"Last Saturday at 3pm I killed the president with a shoulder-mounted rocket launcher\".</p>\n\n<p>The above sentence is known in legal circles as a \"lie\". Do you have any evidence that the person taking the survey is telling the truth?</p>\n\n<h2>Warning</h2>\n\n<p>This answer is valid for jurisdictions with a strong rule of law. There are parts of the world where such \"confessions\" could and would be used as the basis for judicial persecution.</p>\n", "score": 1 }, { "answer_id": 3948, "body": "<p>There are certainly a number of enumerated exceptions to First amendment right of free speech, however, your description of this fictitious scenario survey is not, thus far, one of them. The Supreme Court has identified a number of categories of speech that are unprotected by the First Amendment and may be prohibited entirely. Among them are obscenity, child pornography, and speech that constitutes so-called “fighting words” or “true threats.” </p>\n\n<p>In a 2010 case, the Court made clear that it would not likely add any more categories to the list of types of speech that currently fall outside the First Amendment’s purview, but it did not entirely rule out the possibility that other forms of unprotected speech exist. I say thus far only jokingly, for the most part. That type of thing would really never be regulated under current jurisprudence. The court had occasion to say it wouldn't foreclose the possibility in a case where the government argued pictures of animal cruelty should survive strict scrutiny as an overriding public good. The court called them manipulative in their argument, but did say they can't say there won't ever be something (however unlikely) that expands the current exceptions to our freedom to say what we want.</p>\n\n<p>While I doubt a fictitious \"what if\" polling site could ever be regulated, short of falling within one of these exceptions, the fact is that nobody knows until it's tested. That said, if this is something you'd like to do, no matter how distasteful the query may be, I would be willing to posit that you're protected.</p>\n", "score": 0 } ]

[ "internet", "criminal-law" ]

[ { "answer_id": 3947, "body": "<p>A creative prosecutor could probably come up with a raft of charges. But you could start with the federal wiretapping statute, 18 USC 2511, and the anti-hacking statute, 18 USC 1030. <a href=\"http://www.justice.gov/archive/usao/nys/pressreleases/June12/cardshop/hoguemichaelcomplaw.pdf\" rel=\"nofollow\">Here</a> is an indictment brought in 2012 under the anti-hacking statute against someone who distributed and used this kind of software.</p>\n\n<p>Depending on the facts and the jurisdiction, this may also constitute the tort of intrusion on privacy or seclusion, a tort recognized by the Restatement (Second) and actionable in many jurisdictions. The most common test is whether the invasion would be \"offensive to a reasonable person.\"</p>\n\n<p>And no, contrary to the commenter's view, a \"click to accept\" license is not a get out of (literal) jail free card here. Courts interpret adhesion contracts liberally to favor the signer, and outrageous terms hidden in small print are not guaranteed to be enforceable, especially if the software is clearly designed to trick people into installing it. The license terms might even hurt you, by providing evidence of your intent to use the software for perving rather than its ostensible use.</p>\n\n<p>This is not an exhaustive list, and there may be additional state-level statutes that apply. Bottom line: yes, this is clearly illegal, and the courts will be reluctant to let you trick people into getting away with it.</p>\n", "score": 4 } ]

[ "united-states", "privacy", "hacking" ]

[ { "answer_id": 3944, "body": "<p>This question has been addressed directly, with very similar facts, by the federal courts, and the answer, based on those decisions, is: Maybe.</p>\n\n<p>The most famous case in this area is <em>Mirage Editions v. Albuquerque A.R.T. Co.,</em> 856 F.2d 1341 (9th Cir. 1988). In that case, the defendant had bought a copy of plaintiff's art book, cut out the pages, and affixed them to ceramic tiles, which it sold.</p>\n\n<p>The defendant relied on the <strong>first sale doctrine,</strong> codified in 17 U.S.C. 109. The first sale doctrine says that if you own a copy of a copyrighted work, you can resell it without the copyright holder's permission.</p>\n\n<p>The plaintiff argued that, by altering the original artwork, the defendant had created a new derivative work. The first sale doctrine gives you the right to sell the book to someone else, but not the right to create derivative works, whether by writing and publishing an unauthorized sequel or, they argued, cutting and pasting and tiling and kilning the physical pages.</p>\n\n<p>The <em>Mirage Editions</em> court agreed with the plaintiff that the tiles were a derivative work outside the scope of the first sale doctrine, and therefore the defendants had infringed the plaintiffs' copyrights. However, other courts faced with similar facts have disagreed, and to date I'm not aware of any Supreme Court decision resolving the issue.</p>\n\n<p>The bottom line is: you are allowed to sell what you bought; you aren't allowed to transform it into something new and sell that. Where the line gets drawn is muddy and likely to remain so at least until the Supreme Court addresses the issue.</p>\n", "score": 5 } ]

[ "united-states", "copyright", "trademark" ]

[ { "answer_id": 3942, "body": "<p>The bottom line is this:</p>\n\n<p>1) The material you want to use is copyrighted, most likely by the BBC. </p>\n\n<p>2) Under UK law, and in most jurisdictions, only the copyright holder has the right to copy a portion of the work and only the copyright holder has the right to prepare derivative works.</p>\n\n<p>It sounds like you intend to do both: you are going to copy the BBC podcasts, and then prepare course materials, transcripts, etc. based on them. This would ordinarily infringe on the rights of the copyright holder.</p>\n\n<p>There are some exceptions under which a person may use part of a copyrighted work for various purposes. Under UK law, these are extremely limited; the relevant doctrine is called \"Fair Dealing.\"</p>\n\n<p>One thing you very much need to know about fair use and fair dealing laws: the internet is a terrible, terrible place to get advice about them. There are a lot of people online who really want these exceptions to be broader than they are, and have no hesitation in recommending that you expose yourself to a lawsuit to prove their point.</p>\n\n<p>The bottom line is this. What you're proposing to do is an infringement of the BBC's copyright that would be permissible only if you could get permission from the BBC establish an exception to copyright law. To do either one, you need a lawyer; a real-life, non-anonymous, non-internet lawyer. I strongly recommend that you find and speak to one.</p>\n", "score": 2 } ]

[ "copyright", "united-kingdom", "intellectual-property" ]

[ { "answer_id": 3938, "body": "<p>You don't say what jurisdiction's patent laws you're interested in, and priority dates can differ in different schemes. I'm answering as to U.S. law only.</p>\n\n<p>In the United States, under the current hybrid \"first-inventor-to-file\" system, the priority date--the date that determines who \"wins\" if there are multiple claims to a specific invention--is, with some exceptions that I won't go into, the date of your first application. In other words, the date that the PTO got it in the mail.</p>\n\n<p>Once your application is submitted, it is--again, with some limitations I won't get into--prior art for the purposes of any later-submitted application. They can't get another application later, grant it first, and then deny your application based on the later-submitted application. Your application date would still win out.</p>\n\n<p>Could someone in the USPTO slip your application out of the stack, fudge the dates, and convince some other company to submit a similar application to get priority over you? Not as a practical matter, no. The USPTO isn't one guy in a room; it's a large organization, and the person who opens the mail, types in your application details, and sends you a receipt, isn't the same guy who knows whether your invention is any good or not. And, frankly, very few patentable inventions are going to be worth someone risking their job and/or jail time over--especially when there would be significant evidence of the misconduct--for example, your patent agent's files.</p>\n\n<p>So what are the chances that the examiner on your patent:</p>\n\n<p>1) Is a nefarious character who has lived a life of public service long enough and wants to go rogue;</p>\n\n<p>2) Has a friend in the mailroom who is also an expert in the field of your invention; and</p>\n\n<p>3) Has a conduct in industry who is willing to break the law for the rights to your invention?</p>\n\n<p>Slim to none. And if you have an invention that is really so revolutionary that it's going to be worth so many people risking so much to steal it, odds are there will be other evidence that you were the inventor.</p>\n", "score": 5 } ]

[ "business", "corporate-law", "patents" ]

[ { "answer_id": 3928, "body": "<blockquote>\n <p>Is it true that there has never been a single case</p>\n</blockquote>\n\n<p>It is tough to prove a negative. I am not going to completely parse the quote but please notice that the quote states \"we couldn't find\" and concludes that \"it doesn't happen.\" Given these two pieces of information I do not conclude that there has never been a single case. Rather I conclude that the speaker in your quote could not find a case therefore he concluded that there has never been a single case.</p>\n\n<p>It's largely impossible to determine that there has never been a single such case. We can search published opinions but that barely scratches the surface of lawsuits that are filed. It is entirely possible that someone filed a suit which was quickly dismissed.</p>\n\n<p>The Act provides a defense, it does not bar lawsuits. Someone might get sick from food and not know where the food came from so they sue the provider. If this happens the provider may raise the Emerson Act as a defense and escape liability to the extent applicable. But again, we will never know because it's impossible to examine every lawsuit filed in this country.</p>\n", "score": 3 } ]

[ "united-states", "liability", "case-law", "good-samaritan" ]

[ { "answer_id": 3927, "body": "<p>The circuits all over the place on this one but in short, no, <strong>police are not obliged to apprehend a suspect at the earliest opportunity</strong>.</p>\n\n<blockquote>\n <p>It is within the discretion of the police to decide whether delaying\n the arrest of the suspect will help ensnare co-conspirators, as\n exemplified by this case, will give the police greater understanding\n of the nature of the criminal enterprise, <strong>or merely will allow the\n suspect enough \"rope to hang himself</strong>.\"</p>\n</blockquote>\n\n<p><em>U.S. V. Garcia</em> 79 F.3d 74 (7th Cir. 1996)</p>\n\n<p>See also <em>Hoffa v. United States</em> 385 U.S. 293 (1966)</p>\n\n<blockquote>\n <p>A suspect has no constitutional right to be arrested when the police\n have probable cause.</p>\n \n <p>The police are not required to guess, at their peril, the precise\n moment at which they have probable cause to arrest a suspect, risking\n a violation of the Fourth Amendment if they act too soon, and a\n violation of the Sixth Amendment if they wait too long. Law\n enforcement officers are under no constitutional duty to call a halt\n to a criminal investigation the moment they have the minimum evidence\n to establish probable cause, a quantum of evidence which may fall far\n short of the amount necessary to support a criminal conviction.</p>\n</blockquote>\n", "score": 4 } ]

[ "united-states", "police", "arrest" ]

[ { "answer_id": 3918, "body": "<p>It may be discrimination; not all discrimination is illegal.</p>\n\n<p>Details vary by jurisdiction, for example discrimination on the following bases is illegal in Australia:</p>\n\n<ul>\n<li>race </li>\n<li>colour </li>\n<li>sex </li>\n<li>sexual preference </li>\n<li>age </li>\n<li>physical or mental disability </li>\n<li>marital status </li>\n<li>family or carer’s responsibilities </li>\n<li>pregnancy </li>\n<li>religion </li>\n<li>political opinion </li>\n<li>national extraction</li>\n<li>social origin</li>\n</ul>\n\n<p>Tobacco use or non-use doesn't make the list.</p>\n\n<p>That's the legal position; if you want advice on how to handle the workplace stuff post your question on the <a href=\"https://workplace.stackexchange.com/\">Workplace Stack Exchange</a>.</p>\n", "score": 12 }, { "answer_id": 3925, "body": "<p>Discrimination on the basis of smoker/non-smoker status is not illegal.</p>\n\n<p>Wikipedia has a good summary on <a href=\"https://en.wikipedia.org/wiki/Employment_discrimination_law_in_the_United_States\" rel=\"nofollow\">employment discrimination in the US</a>: </p>\n\n<blockquote>\n <p>Under Federal law, employers generally cannot discriminate against employees on the basis of:</p>\n \n <ul>\n <li>Race</li>\n <li>Sex</li>\n <li>Pregnancy</li>\n <li>Religion</li>\n <li>National origin</li>\n <li>Disability (physical or mental, including HIV status)</li>\n <li>Age (for workers over 40)</li>\n <li>Military service or affiliation</li>\n <li>Bankruptcy or bad debts</li>\n <li>Genetic information</li>\n <li>Citizenship status (for citizens, permanent residents, temporary residents, refugees, and asylees)</li>\n </ul>\n</blockquote>\n\n<p>While there are some exceptions, smoker status is not one of them.</p>\n", "score": 2 } ]

[ "united-states", "discrimination", "arkansas" ]

[ { "answer_id": 369, "body": "<p>If you are married in a community property state, there will be a separate clause on the beneficiary designation form where the spouse has to sign in order to waive their rights to the benefits if they are not designating to their spouse.</p>\n\n<p>If the spouse hasn't legally waived their rights to the benefits in a community property state, then they <em>can</em> claim part of the life insurance payout, and the company will just give the remainder of the benefit to whomever the person designated on the form.</p>\n\n<p>I'm not exactly clear on what you mean by paying from \"separate property\" as money is rarely ever considered separate without a prenuptial agreement involved (especially so in a community property state), but I doubt the method of payment would be considered. It would be hard to prove that <em>none</em> of the premiums were paid by joint funds and would be far easier to just have the spouse waive their rights to the insurance policy if they planned to pay for it with separated funds.</p>\n", "score": 2 } ]

[ "united-states", "california", "community-property" ]

[ { "answer_id": 3916, "body": "<p>The answer depends on state law, which differs from state to state. What the auto lender has is generally known as a judgment lien. A judgment lien arises when a creditor goes to court and gets a judgment against the debtor. The creditor (generally depending on the state statute) then records this judgment in the property records as a lien. The creditor (most likely through a judicial proceeding) could go back to court and foreclose on the property. Note, that the mortgage would be paid first from the proceeds of the foreclose sale (since it is first in line) and then the judgment creditor's lien would be paid off. Any leftovers would get distributed to the homeowner. </p>\n\n<p>However, the judgment creditor may not foreclose, rather the judgment creditor could just allow the lien to sit there and (depending on state law) collect interest (which depending on the state post-judgment interest can be steep). In that case, you would be unable to sell the home or refinance until the judgment lien is paid off. </p>\n\n<p>Note, must states have something called a homestead exemption in which a fixed amount of value in the real property of a debtor that is the debtor's primary residence is untouchable. </p>\n", "score": 2 } ]

[ "civil-law", "finance" ]

[ { "answer_id": 3775, "body": "<p>Worldwide Volkswagen - If B has never been to CA and has no contacts with CA it will be tough for CA to get jurisdiction over B. The defendant must purposely avail himself of the laws of the forum state to satisfy the minimum contacts test. The point of Worldwide Volkswagen is that defendants should not be inconvenienced by being hailed to court in a state that they have no business in but also to respect state sovereignty. </p>\n\n<p>As the comments indicate, the laws of the state where the court is located are used to decide substantive issues. Federal law determines procedural issues.</p>\n\n<p>Some of that settlement stuff sounds procedural but really, at settlement, the parties will be negotiating.</p>\n", "score": 2 }, { "answer_id": 3914, "body": "<p>For a federal court to hear a case it must have both 1) subject matter jurisdiction and 2) personal jurisdiction. </p>\n\n<p><strong>Subject Matter Jurisdiction</strong>\nYour first issue, does the federal courts have subject matter jurisdiction. Generally, there is only two ways a case gets subject matter jurisdiction: 1) federal question jurisdiction or 2) diversity jurisdiction. </p>\n\n<p>Federal question jurisdiction arises from 28 USC 1331 which provides that federal courts have jurisdiction to decide a case based on federal law or the constitution. (For example the Federal False Claims Act). </p>\n\n<p>Diversity jurisdiction arises from 28 USC 1332(a) which provides that federal courts have jurisdiction to decide a case if 1) the amount in controversy exceeds $75,000 and 2) no plaintiff shares a state of citizenship with any defendant. </p>\n\n<p>In one of the replies, you mention the amount is less than $75,000. Therefore, federal courts would not have subject matter jurisdiction based on diversity jurisdiction. </p>\n\n<p>You do not mention what the case is based on. You need to determine whether the case is based on federal law in order to determine whether federal question jurisdiction would exist. </p>\n\n<p>If the case is not based on federal law, then most likely the case cannot be heard in federal court and the issue of personal jurisdiction is irrelevant and you would need to go to state court. </p>\n\n<p><strong>Personal Jurisdiction</strong>\nIf there is subject matter jurisdiction, the second issue would be whether the federal court in California or New York would have personal jurisdiction. Personal jurisdiction is governed by Federal Rule of Civil Procedure 4(k), with reference to the states long arm statute, and the constitution. Personal jurisdiction is the worst part of the first year of law school for must people, but generally, B (the defendant) must have minimum contacts with jurisdiction for personal jurisdiction to exist. If B does not have sufficient contacts with CA, then California most likely doesn’t have personal jurisdiction over the case. </p>\n", "score": 2 } ]

[ "united-states" ]

[ { "answer_id": 3890, "body": "<p>The pawn shop has the \"use of property\" of their own premises. The pawn shop has obviously the right to examine the gun to determine its value, for example, or to clean it if it needs cleaning to avoid damage, or to show it to a potential customer. And the pawn shop is allowed to let the police onto their own premises, even without a search warrant. </p>\n", "score": 5 }, { "answer_id": 3886, "body": "<p>From US v Sumlin 567 F.2d 684 at 688 (6th Cir. 1977)</p>\n\n<blockquote>\n <p>The holding of <em>Matlock</em> focused on whether or not the \"permission to\n search was obtained from a third party who possessed common authority\n over or <strong>other sufficient relationship to the premises or effects\n sought to be inspected.</strong>\"</p>\n</blockquote>\n\n<p>I'd hang my argument on this last part - sufficient relationship to the effects. If you came back arguing that the relationship does not establish sufficient authority I'd move on to expectation of privacy. </p>\n\n<p>The court continues</p>\n\n<blockquote>\n <p>There is no reasonable expectation of privacy to be protected under\n such circumstances.</p>\n</blockquote>\n\n<p>They are not saying the expectation of privacy is decreased. They say there is <strong>no</strong> expectation of privacy. Now, the facts are different from the pawn shop as <em>Sumlin</em> is about co-occupants, but there is room to argue that there is less expectation of privacy in the pawned gun because at least as a co-occupant you have equal access, 24/7 and equal to your co-occupant. But I'll stop here until I find a pawn shop case. </p>\n\n<p>I agree that as far as the gun is concerned the pawn shop does not have use of the property but I'd say they do have sufficient relationship to the effects to consent.</p>\n\n<p>EDIT: to address edits to the question. </p>\n\n<p>I terms of the bailment parking lot analogy: would it matter if the parking lot was one where they take your keys and move your car around? What if it was a parking lot where they detail your car while you are gone? I say, yes it matters and the pawn shop is more like the detailer. </p>\n\n<hr>\n\n<p>As an afterthought, what gets me is the forensics. Based on the bullets and fragments, forensics determined that they were fired from a particular range of serial numbers. I had no idea it worked that way. And then when the gun was found it matched the bullets. I curious to know how accurate these matches are.</p>\n\n<p>But if the search in this case is allowed, then I foresee a mobile forensics lab that visits pawn shops and fires every gun matching based on caliber alone, arresting people who have a barrel match. You can't knock on the homeowner's door and get the guns, but you can get them at the pawn shop. So yeah, it's problematic. Moral to the story is don't pawn your guns if you don't want them searched i.e. fired. </p>\n", "score": 4 } ]

[ "united-states", "search-and-seizure", "fourth-amendment", "arizona" ]

[ { "answer_id": 3910, "body": "<p>A California \"wet reckless\" is not something for which you can be arrested. It is the first-level under a DUI that prosecutors will offer as a plea-bargain.</p>\n\n<p>It may be offered for a number of reasons, e.g., breathalyzer right at or just above the legal limit, first offense, attitude when dealing with the police, etc.</p>\n\n<p>The maximum penalties for a wet reckless conviction are lighter than those for a DUI. $1,000 fine and no jail for wet reckless vs. $3,000 and possible jail for DUI. The probationary period for wet reckless is shorter.</p>\n\n<p>However, a wet reckless conviction will still count as a prior conviction when weighing penalties for future DUI convictions and a DUI program will still have to be completed.</p>\n\n<p>While there is no court-imposed suspension of your license, your license can still be suspended at the DMV administrative hearing for up to 4 months.</p>\n\n<p>While there is a lot of <a href=\"https://www.google.com/webhp?sourceid=chrome-instant&amp;ion=1&amp;espv=2&amp;ie=UTF-8#q=california%20wet%20reckless\" rel=\"nofollow\">information on the web</a> related to this plea-bargain, it is critical to get a competent attorney to provide counsel on how to deal with such a charge and whether or not to accept a wet reckless plea offer.</p>\n", "score": 3 } ]

[ "california", "driving" ]

[ { "answer_id": 3907, "body": "<p>(Based on comment, with some elaboration)</p>\n\n<p>I am not a lawyer. It would be foolish to take my opinions as legal advice.</p>\n\n<blockquote>\n <p>She however, is not sure if it is a Traffic Offense or Criminal Offense (DUI)</p>\n</blockquote>\n\n<p>Suppose it is a Traffic Offense. You claim it involved serious bodily injury. Then it is not excluded by <em>excluding traffic offenses not involving death or serious bodily injury</em>, so it would appear your friend must report it. \nSuppose instead it is not a Traffic Offense but it is a Criminal Offense. Then your friend must report it. It appears your friend must report it in any case.</p>\n\n<p>It's possible that the University isn't legally allowed to ask a question requiring this kind of answer. I would take the fact that they have asked as a fairly strong indication that it probably is allowed, since this is not likely their first <em>rodeo</em>, so to speak. But your friend could look into this angle if she doesn't want to answer the question.</p>\n\n<p>Is your friend afraid that by answering honestly, her chances to be admitted will be harmed? Suppose she is not concerned. Then there is no reason not to answer the question truthfully. Suppose she is. The school is then either allowed to require an answer, or is not allowed to require an answer. If the school is allowed to require an answer, your friend likely has to answer and should almost certainly answer truthfully, as arrest records may well be public records that turn up in a background check or the University's research. If the school's not allowed to ask and they did anyway, is it the kind of place your friend would want to attend in the first place - a place that has demonstrated intent to unfairly discriminate against people in her situation? I digress.</p>\n", "score": 2 } ]

[ "criminal-law", "traffic", "legal-education" ]

[ { "answer_id": 3902, "body": "<p>If you do an internet search for \"school power of attorney\" you will get some samples, perhaps even one for your state.</p>\n\n<p>You might see this one from Kentucky as the first hit.</p>\n\n<p><a href=\"https://i.stack.imgur.com/FpFq0.jpg\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/FpFq0.jpg\" alt=\"enter image description here\"></a></p>\n", "score": 2 } ]

[ "ferpa" ]

[ { "answer_id": 3880, "body": "<p><a href=\"http://edition.cnn.com/2015/04/06/asia/india-bonded-labor-brick-kiln/\" rel=\"noreferrer\">Bonded labor is illegal in India, but enforcement is lax.</a></p>\n<p>Read <strong>Right against exploitation</strong> in <a href=\"https://en.wikipedia.org/wiki/Fundamental_rights_in_India\" rel=\"noreferrer\">Fundamental rights in India.</a></p>\n<blockquote>\n<p>The right against exploitation, given in Articles 23 and 24, provides\nfor two provisions, namely the abolition of trafficking in human\nbeings and Begar (forced labour)...</p>\n</blockquote>\n<hr />\n<p>As per law, they cannot make the contract binding if it relates to bonding of the laborer.</p>\n<p>But a general contract may stand in court if they have made you sign the contract and paid the duty to government for the contract. This contract will be mild form of Bonds/begar-contracts.</p>\n<hr />\n<p>As per the requirements of the contract, usually they will ask you to give them your original documents and degree certificate. <strong>Do not do that.</strong> That will give them control, and it's illegal.</p>\n<p>From personal experience, such companies are phonies and they want to exploit you.</p>\n<hr />\n<p><strong>Visa thing is a scare.</strong></p>\n<p>As per <em><strong>they wont give me Experience letter and Releasing letter</strong></em>; they might do that, and so you will not be able to show experience.</p>\n<p>You can file a lawsuit against them. (But you know it's a waste of time in Indian courts)</p>\n<hr />\n<p>As per first three things you mentioned:</p>\n<ul>\n<li>It is written on my company's letter head.</li>\n<li>It doesn't contain any stamp paper.</li>\n<li>It doesn't contain any company seal.</li>\n</ul>\n<p>It's not a contract.</p>\n<hr />\n<p>Do not provide them your actual signatures. Make a strange signature so that you can later argue that it's not your signature.</p>\n<p>But think about the consequences: You are going to that (probably shady) company, do you think they will hold any of their promises later, at all.</p>\n<p><strong>Think</strong>: Will the company stay in business until your bond is over? Then how will you get an Experience certificate?</p>\n<p>That ends the answer.</p>\n<hr />\n<h3>A few suggestions</h3>\n<p>I'd suggest finding a different job.<br />\nI'd suggest talking to a lawyer. It's cheaper than your life being screwed up.<br />\nI'd suggest talking to your family about it.</p>\n<blockquote>\n<p>Nothing written here constitutes legal advice. Talk to a lawyer to get a legal opinion on the matter.</p>\n</blockquote>\n", "score": 7 } ]

[ "contract-law", "employment", "india", "labor-law" ]

[ { "answer_id": 3850, "body": "<p>Inferring from the question, it appears that:</p>\n\n<ul>\n<li>The tenancy is an Assured Shorthold Tenancy.</li>\n<li>The tenancy agreement started on 16 December 2014.</li>\n<li>The initial fixed term was for 12 months.</li>\n</ul>\n\n<p>(Please comment below if any of this is incorrect).</p>\n\n<p>A <a href=\"http://www.legislation.gov.uk/ukpga/1988/50/section/21\" rel=\"nofollow\">Section 21</a> order gives notice that, unless the tenant leaves by the date given in the document, the landlord will begin legal proceedings against the tenant, in order to obtain a court order forcing the tenant to leave.</p>\n\n<p>To answer the OP's questions:</p>\n\n<blockquote>\n <ol>\n <li>Does it mean that she wants to use her right to cancel the contract after 2 months? It looks like that to me but I am not 100% sure.</li>\n </ol>\n</blockquote>\n\n<p>Yes - but if this is before the end of the fixed term (which I'm assuming is 15 December) there must be a clause in the tenancy agreement (normally called a \"break clause\") allowing the fixed term to be terminated early.</p>\n\n<p>If there is no break clause, then you cannot be asked to leave before the end of the fixed term.</p>\n\n<blockquote>\n <ol start=\"2\">\n <li>What does it mean \"after 16/11/2015\"? After can mean anything... even end of contract in December.</li>\n </ol>\n</blockquote>\n\n<p>Yes. The landlord would like you to leave <em>before</em> the date shown - but if you don't, the landlord can begin legal proceedings any time after that.</p>\n\n<blockquote>\n <ol start=\"3\">\n <li>Is this a legal document or just something she made up?</li>\n </ol>\n</blockquote>\n\n<p><a href=\"https://www.tenancyagreementservice.co.uk/section-21-notice-to-quit#\" rel=\"nofollow\">It is a legal document</a>. Section 21 of the Housing Act 1988 allows a landlord to ask a tenant to leave without having to give a reason.</p>\n\n<p>The landlord <strong>must</strong> meet certain conditions in order for the notice to be valid.</p>\n\n<blockquote>\n <ol start=\"4\">\n <li>What happens if I want to leave the house later because I don't find alternative?</li>\n </ol>\n</blockquote>\n\n<p>You'll need to discuss that with the landlord.</p>\n\n<p>However, if you don't leave by the end of the fixed term, you are entitled to stay (and pay rent!) until a court (not the landlord) orders your eviction.</p>\n\n<p><strong>EDIT:</strong> <a href=\"http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_with_a_section_21_notice\" rel=\"nofollow\">This website</a> goes into a lot more detail about the whole Section 21 procedure.</p>\n", "score": 4 }, { "answer_id": 3851, "body": "<p>I read this a little differently. She wants you out by the 16th, but she is saying that if you can't you must be out before 12/1. Assuming you moved in on first, you will get to the end of that rental term after 11/16...so when the term ends after the 2 months. So if she gave you it on the 11th, she'd like you out either by the 16th of November or shortly thereafter at the day before rent is due...11/30/2015...if you pay on the first. That's what the alternative date is (at least two months after service before end of fixed term). She would probably negotiate with you if you need another month (IDK how bad the fight was) unless living conditions are uncomfortable. But yes, she has exercised her 2 month notice and I bet you there's a local law that says you can't force out a tenant mid-term when it's hard to begin a new rental.</p>\n", "score": 0 } ]

[ "united-kingdom", "rental-property", "rent", "repossession" ]

[ { "answer_id": 3881, "body": "<p>For starters you might want to read <a href=\"https://en.wikipedia.org/wiki/Fundamental_rights_in_India\" rel=\"nofollow noreferrer\">fundamental rights in India</a>.</p>\n\n<hr />\n\n<blockquote>\n <p>FUNDAMENTAL RIGHTS </p>\n</blockquote>\n\n<p>General </p>\n\n<blockquote>\n <ol start=\"12\">\n <li>Definition. </li>\n <li>Laws inconsistent with or in derogation of the fundamental rights. Right to Equality </li>\n <li>Equality before law. </li>\n <li>Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. </li>\n <li>Equality of opportunity in matters of public employment. </li>\n <li>Abolition of Untouchability. </li>\n <li><p>Abolition of titles.<br>\n Right to Freedom</p></li>\n <li><p>Protection of certain rights regarding freedom of speech, etc.</p></li>\n <li>Protection in respect of conviction for offences.</li>\n <li>Protection of life and personal liberty. 21A. Right to education.</li>\n <li><p>Protection against arrest and detention in certain cases. Right against Exploitation</p></li>\n <li><p>Prohibition of traffic in human beings and forced labour.</p></li>\n <li><p>Prohibition of employment of children in factories, etc. Right to Freedom of Religion</p></li>\n <li><p>Freedom of conscience and free profession, practice and propagation of religion.</p></li>\n <li>Freedom to manage religious affairs.</li>\n <li>Freedom as to payment of taxes for promotion of any particular religion.</li>\n <li><p>Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Cultural and\n Educational Rights</p></li>\n <li><p>Protection of interests of minorities.</p></li>\n <li>Right of minorities to establish and administer educational institutions.</li>\n <li><p>[Repealed.] Saving of Certain Laws</p>\n \n <p>31A. Saving of Laws providing for acquisition of estates, etc.<br>\n 31B. Validation of certain Acts and Regulations.<br>\n 31C. Saving of laws giving effect to certain directive principles.<br>\n 31D. [Repealed.] Right to Constitutional Remedies </p></li>\n <li><p>Remedies for enforcement of rights conferred by this Part.<br>\n 32A. [Repealed.] </p></li>\n <li><p>Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc. </p></li>\n <li>Restriction on rights conferred by this Part while martial law is in force in any area. </li>\n <li>Legislation to give effect to the provisions of this Part. </li>\n </ol>\n</blockquote>\n\n<p>Then read this <a href=\"http://lawmin.nic.in/olwing/coi/coi-english/Const.Pock%202Pg.Rom8Fsss(6).pdf\" rel=\"nofollow noreferrer\">PDF</a> for above mentioned topics.</p>\n\n<hr />\n\n<p>The eight fundamental rights recognised by the Indian constitution are:<br>\n1. <strong>Right to equality</strong>: Which includes equality before law, prohibition of discrimination on grounds of religion, race, caste, gender or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles.<br>\n2. <strong>Right to freedom</strong>: Which includes speech and expression, assembly, association or union or cooperatives, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality), right to life and liberty, right to education, protection in respect to conviction in offences and protection against arrest and detention in certain cases.<br>\n3. <strong>Right against exploitation</strong>: Which prohibits all forms of forced labour, child labour and traffic of human beings<br>\n4. <strong>Right to freedom of religion</strong>: Which includes freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes.<br>\n5. <strong>Cultural and Educational rights</strong>: Preserve the right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice.<br>\n6. <strong>Right to constitutional remedies</strong>: Which is present for enforcement of Fundamental Rights.<br>\n7. <strong>Right to life</strong>: Which gives the right to live with human dignity. This includes rights such as right to education, health, shelter and basic amenities that the state shall provide.<br>\n8. <strong>Right to education</strong>: It is the latest addition to the fundamentals rights.<br>\n9. <strong>Right to Information</strong>:RTI stands for Right To Information and has been given the status of a fundamental right under Article 19(1) of the Constitution. </p>\n\n<hr />\n\n<p>Remember - you will have to keep updating your knowledge on Laws India's parliament and state governments pass.</p>\n\n<p>One such place is <a href=\"http://prsindia.org\" rel=\"nofollow noreferrer\">PRSIndia</a>. <a href=\"https://www.quora.com/Does-the-Indian-police-have-the-right-to-arrest-you-and-beat-you-up-right-after-receiving-a-complaint\" rel=\"nofollow noreferrer\">Read this question on Quora</a>. </p>\n\n<p>Google search \"Police laws and acts, india\" - you will get lucky.</p>\n\n<p>About beating and mistreating, any body can do that. You do not have to be in police for doing so. You do not have to be weak, old or poor for getting beaten.</p>\n\n<p><em>Examples</em>: Poor people beat their kids and wives. Frustrated wives beat their husbands. Salman Khan slapped Aishwarya Rai. And so on.</p>\n\n<p><strong>All you can do is read about the law, gain information and use it.</strong> </p>\n\n<p><strong>Edit</strong>: Adding an image (for visual stimulation)</p>\n\n<p><a href=\"https://i.stack.imgur.com/ZuWWk.png\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/ZuWWk.png\" alt=\"enter image description here\"></a></p>\n\n<hr />\n\n<p>None of this constitutes a legal advice. These are opinions.</p>\n", "score": 3 } ]

[ "india", "human-rights", "constitutional-law" ]

[ { "answer_id": 3882, "body": "<p>Whether the Internet and e-commerce in general are matters of federal or provincial jurisdiction has not been conclusively decided in Canada. That said statutory interpretation and government practice both suggest that its most likely federal.</p>\n\n<p>Section 92(10) of the Constitution Act (1867) grants the federal Parliament exclusive jurisdiction over interprovincial works and undertakings related to transportation or communication. This has provided an interpretive basis for the extension of federal jurisdiction over telecommunications and television and radio broadcasting. The nature of the Internet as an interprovincial and international communications system posits a strong argument in favour of federal jurisdiction over related works and undertakings - notwithstanding the possibility that Internet telephony and Web broadcasting, for example, may also fall under traditional federal regulatory scrutiny. Federal jurisdiction could in theory extend to matters relating to the management and operation of Internet works and undertakings, or to Internet content. </p>\n\n<p>See; <a href=\"http://www.kentlaw.edu/cyberlaw/docs/rfc/canadaview.html\" rel=\"nofollow\">http://www.kentlaw.edu/cyberlaw/docs/rfc/canadaview.html</a></p>\n", "score": 2 } ]

[ "jurisdiction" ]

[ { "answer_id": 3875, "body": "<p>The simplest thing to do is to just write \"Non-Binding\" on the quote itself or to stipulate same in the request for quote.</p>\n\n<p>Either that, or you can write a complete sentence like what @jqning wrote:</p>\n\n<blockquote>\n <p>\"<em>This quote is for informational purposes only and creates no obligations on the part of any party.</em>\"</p>\n</blockquote>\n\n<p>However, as @gracey209 commented, quotes alone <em>usually</em> do not create any binding obligations. Unless it's agreed by all parties in advance that it will. As in a formal bidding process. For example, if there were a closed bidding process for contract work, it might make sense for the bidders to be bound to their bid as a condition for having their bid considered.</p>\n\n<p>However, that scenario does not seem match the circumstances you describe. If it did, then just leave out any binding language in the bid agreement.</p>\n", "score": 1 }, { "answer_id": 3869, "body": "<p>A request like the one you are talking about could<br>\n1. State that it is for informational purposes only and creates no obligations on the part of any party and<br>\n2. Free all parties from any existing obligations.</p>\n", "score": 0 } ]

[ "united-states", "california", "business" ]

[ { "answer_id": 3876, "body": "<p>Can the name of my LLC include the phrases \"Software Engineer\", \"Software Engineering\", or similar derivations thereof?</p>\n\n<p>No. Not based on what you've posted. Go to the definitions to see how engineer is defined. It may be they are talking about actual structural engineers or environmental engineers, where if you're wrong people die. But based on above, you can't use the word engineer unless you're licensed as such. Is there even a license for computer engineer? This seems more like it could be a term of use but not actually descriptive of what you're doing. IDK. You'd have to see the definitions and exceptions.</p>\n\n<p>Can my resume, curriculum vitae, or my advertising or promotional materials accurately report the subjects I studied in college as the subject matter of \"Software Engineering\", to the extent that this information is true and accurate?</p>\n\n<p>Yes, your CV is supposed to say what you have done, and learned and especially published (lest it's just a resume), but the answer as far as promotional materials, is NO. This, because you don't post your cv on your ad's and if you put that, you will likely be found to be trying to pose as a licensed professional based on a technicality. If that happens the licensing authority will probably censure you by disallowing a license when your qualify.</p>\n\n<p>If asked directly by a client, am I even allowed to divulge my area of study accurately,(of course, but you'd also have to divulge the fact that you are not licensed and cannot act in that capacity)</p>\n\n<p>Would it be a violation of the law to claim I had engineering knowledge since I have studied (and practiced) software engineering in the past (for instance, at previous places of work in states which did not have these kinds of limitations, or for corporations which did not offer my services to the general public)? It could be if the person reports that you are soliciting work as an engineer w/out a license.</p>\n\n<p>It's like a person who went to law school, passed the bar, but never got sworn in. They cannot solicit business as a lawyer. </p>\n\n<p>Unless there is a license for being a computer programer, there is nothing barring you from using that terminology.</p>\n\n<p>You could be, that if you look up the definition prior to the statue, that it says something like \"for the purposes of this section the term engineer means…\", In which case it doesn't even apply to you.</p>\n", "score": 3 } ]

[ "business", "licensing" ]

[ { "answer_id": 3873, "body": "<p>Banks have internal policies about what and with whom they will share information and they send a copy of that policy to their clients regularly. This is required by the the Gramm-Leach-Bliley Act. In general, sharing a credit history with a different \"consumer\" than the one who provided it would be a violation of the GLB. I would not expect them to do so.</p>\n\n<p>Normally, I would not expect the bank to even show you your own credit report. When a bank requests a credit report, they use that information purely internally, they do not provide credit reports to other people, not only for privacy reasons, but usually the contract they have with the credit bureau requires them never to share credit reports with other people.</p>\n\n<p>Any information on the loan application itself will be visible to all parties to the loans.</p>\n\n<p>(By the way, credit reports are not secret information. It is very easy for a person to obtain a credit report for anyone. This can be done by various methods. Most private investigators will provide you with <em>anyone</em>'s credit report for a small fee, perhaps $100 to $200. So, if your wife wants to see your credit report, she will have no problem doing it.)</p>\n", "score": 2 } ]

[ "contract-law", "privacy" ]

[ { "answer_id": 3860, "body": "<p><strong>A person who repairs property has a lien on the property and can sell the property to satisfy the lien. There are notice requirements and the property must be sold at auction if it is worth more than $100.</strong></p>\n\n<hr>\n\n<p>I pulled this off of FindLaw, I have no idea of this law is current.</p>\n\n<p><a href=\"http://codes.lp.findlaw.com/nycode/LIE\" rel=\"noreferrer\">http://codes.lp.findlaw.com/nycode/LIE</a> articles 8 and 9</p>\n\n<p><strong>N.Y. LIE. LAW § 180 : NY Code - Section 180: Artisans' lien on personal property</strong></p>\n\n<p>A person who makes, alters, repairs or performs work or services of any nature and description upon, or in any way enhances the value of an article of personal property, at the request or with the consent of the owner, has a lien on such article, while lawfully in possession thereof, for his reasonable charges for the work done and materials furnished, and may retain possession thereof until such charges are paid.</p>\n\n<p><strong>N.Y. LIE. LAW § 200 : NY Code - Section 200: Sale of personal property to satisfy a lien</strong></p>\n\n<p>A lien against personal property... if in the legal possession of the lienor, may be <strong>satisfied by the sale of such property</strong> according to the provisions of this article.</p>\n\n<p><strong>N.Y. LIE. LAW § 201 : NY Code - Section 201: Notice of sale</strong></p>\n\n<p>Before such sale is held the lienor shall serve a notice on the owner... or mail ( certified mail, return receipt requested, and by first-class mail)the notice if the property is of a value of less than one hundred dollars. The following must be included in the notice.</p>\n\n<ol>\n<li>The nature of the debt or agreement which gave rise to the lien. </li>\n<li>Description of the property </li>\n<li>Estimated value of the property </li>\n<li>Amount of the lien and the date of the notice </li>\n</ol>\n\n<p>Give them ten days to pay, tell them when and where the sale is happening, and tell them they can bring as action under section 201a within ten days.</p>\n\n<p><strong>N.Y. LIE. LAW § 202 : NY Code - Section 202: Sale to be advertised; exception</strong></p>\n\n<p>Each sale of personal property of a value of <strong>one hundred dollars or more</strong>, or of any security, to satisfy a lien thereon shall be at public <strong>auction</strong> to the highest bidder, and shall be held in the city or town where the lien was acquired.<br>\nEach sale of personal property of a value of <strong>less than one hundred dollars</strong>, other than a security, to satisfy a lien thereon, shall be made pursuant to the provisions of <em>subdivision one hereof</em> (<strong>auction</strong>), <strong>or</strong> at a bona fide <strong>private sale</strong> in the city or town where the lien was acquired. A bona fide <strong>private sale pursuant to this section shall not be made until the expiration of six months</strong> after the time for the payment of the amount of the lien specified in the notice required to be served by section two hundred one or two hundred one-a of this article. </p>\n\n<p><strong>Section 204</strong> - keep the money to cover the lien but hang onto the balance. Serve notice on the owner and then in six months if the owner does not claim the money deposit it with the treasurer or chamberlain of the city or village, or the commissioner of finance in the city of New York, or the supervisor of the town, where such sale was held. You don't get this money back, it goes to the owner or to the town eventually.</p>\n", "score": 4 } ]

[ "business", "new-york-state" ]

[ { "answer_id": 3867, "body": "<p>It depends completely on the situation. How much money is involved, how much time do the attorneys want to burn, etc.</p>\n\n<p>In general, you should make all your requests up front, especially if it involves documents. Usually there are a time deadlines, so your discovery schedule will be constrained by those dates.</p>\n\n<p>If you do things that could be construed as badgering the defendant or deliberately wasting their time, the judge could get annoyed.</p>\n", "score": 1 }, { "answer_id": 3871, "body": "<p>The Federal Rules deal with this. Many federal rules are adopted by state courts so it's worth double-checking the local rule.</p>\n\n<p><strong><a href=\"https://www.law.cornell.edu/rules/frcp/rule_26\" rel=\"nofollow\">FRCP 26(d)(3)</a> as amended to Dec 1, 2015</strong></p>\n\n<blockquote>\n <p>Sequence. Unless the parties stipulate or the court orders\n otherwise for the parties’ and witnesses’ convenience and in the\n interests of justice:</p>\n \n <p>(A) <strong>methods of discovery may be used in any sequence</strong>; and</p>\n \n <p>(B) discovery by one party does not require any other party to delay\n its discovery.</p>\n</blockquote>\n\n<p><strong>1970 note</strong>:<br>\nSubdivision (d)—Sequence and Priority. This new provision is concerned with the sequence in which parties may proceed with discovery and with related problems of timing. The principal effects of the new provision are first, to eliminate any fixed priority in the sequence of discovery, and second, to make clear and explicit the court's power to establish priority by an order issued in a particular case.</p>\n", "score": 1 }, { "answer_id": 3872, "body": "<p>In practice, you serve all three of those requests at once: RFA (Request for admissions), IROG's (interrogatories), and RFP's (request for the production of documents) all get served together. If you decide, from a strategic perspective to serve them individually, then you need to do it in order. It is your right to do it that way, so as to craft questions for the next set based on answers from the first; however, I've never seen this done. Typically at this point in litigation, you are dealing with a lawyer. In that case the lawyer will except service and you can forgo all the formal service guidelines. If the litigant is <em>Pro Se</em> you need to actually serve them. But still, as a grouping with a cover letter that sets out what is being served. The next step in discovery is the deposition, where you ask any questions that are not answered by the written discovery, or to try to trip them up with their own answers, which they've signed, but most likely didn't prepare and may not even know what they say. I have won many a case by getting a litigant to admit that they don't even know what their defense is as written in their signed and notarized interrogatory answers!</p>\n", "score": 1 } ]

[ "process", "litigation", "discovery" ]

[ { "answer_id": 3862, "body": "<p>Co is not one of the words or phrases reserved for corporations. You can use it.</p>\n\n<blockquote>\n <p><strong>Canada Business Corporations Act (R.S.C., 1985, c. C-44) Section 10(1)</strong></p>\n \n <p>The word or expression “Limited”, “Limitée”, “Incorporated”,\n “Incorporée”, “Corporation” or “Société par actions de régime fédéral”\n or the corresponding abbreviation “Ltd.”, “Ltée”, “Inc.”, “Corp.” or\n “S.A.R.F.” shall be part, other than only in a figurative or\n descriptive sense, of the name of every corporation, but a corporation\n may use and be legally designated by either the full or the\n corresponding abbreviated form.</p>\n</blockquote>\n\n<p>Keep in mind that registering and incorporating are two different things in Canada. The page that you linked to applies specifically to corporations. Not every business is a corporation but most provincial and territorial governments require that you register your business with them.</p>\n", "score": 1 }, { "answer_id": 3868, "body": "<p>Co. is company not corporation. You can do business as a d/b/a and use Co, without doing anything at all. You can register or not (if you have a good name and you want to keep it, register). You should, however, consider creating an LLC no matter whether you're a sole proprietor or 3 friends who make 10k a year: It's cheap and it removes your personal liability. Your company can go bankrupt and your personal property is safe. That is what I would do. You don't even need a lawyer...it's simple. However, to answer your question, you can continue doing what you're doing no problem.</p>\n", "score": 1 } ]

[ "canada", "corporate-law" ]

[ { "answer_id": 3864, "body": "<p>It is hard to prove a negative, but no - there is not rule that an app cannot track a user while the app is in the background.</p>\n\n<p>Almost every GPS-function app on every smart phone does the very thing you are talking about.</p>\n", "score": 4 }, { "answer_id": 3870, "body": "<p>The \"warrantless tracking\" ruling you found applies to the admissibility of evidence collected by those means in a trial. Unless your client is a law enforcement agency it has no bearing on the use of an app.</p>\n\n<p><a href=\"https://law.stackexchange.com/a/3864/10\">As jqning said</a>, there is no law against a background app using location data, and many smartphone apps do this.</p>\n", "score": 3 } ]

[ "software", "privacy" ]

[ { "answer_id": 3855, "body": "<p>It depends. Many child support orders include a stipulation that it ends at 18 or if the child goes to college, can extend until graduation or at a latest age 22. It really depends on what the order says. If you are still receiving support and your (the) child is in college, it is likely you are eligible to get that support, assuming it is going to the child for living expenses, or is going toward tuition that you are either paying or are liable for (the loans are in your name). You cannot keep it if the child is getting aid and loans that they are personally liable for after matriculation. If that is the case, you need to contact the court and they will forward the money directly to the child. If your question is, can you still use the money toward rent or bills so the child has a place to stay during breaks, then the answer is, it depends on how much you are supporting the child while away. What is clear, is that you cannot keep it to put toward rent and bills like you could when the child lived with you, unless you're paying the tuition/room/board (or some portion equaling it least 2x the amount of support).</p>\n", "score": 5 } ]

[ "new-york-state" ]

[ { "answer_id": 3854, "body": "<p>Conflict of interest, as a term of art, is usually applied to situations where the subject should be impartial or where there is a power differential between the subject and the other person in the relationship. </p>\n\n<p>Conflicts of interest are often defined and limited by law or an ethics code. Thus, labeling a relationship a conflict of interest is based on agreed-upon standards. The people who are governed by the law or whose profession follows a code are bound by the rules. </p>\n\n<p>The relationships that you point out are not governed by such rules. The people are not bound by any duty to be impartial. </p>\n", "score": 1 }, { "answer_id": 3848, "body": "<p>I think you may be confusing what the meaning of a true conflict of interest is, with the practice of nepotism, which happens all the time. </p>\n\n<p>Usually, the only times that conflict of interest laws come into play with regard to nepotism is in a municipal or other governmental jobs or industry under government contract that must adhere to their hiring policies. Even with those, it's only a handful where the practice is legislatively barred. What I mean by \"industry under government contract\" is when a large corporations hiring for those specific government entities <em>like the energy industry</em>...they will either electively or by legislation must adhere to their anti-nepoitsm rules when hiring for those projects. \nEven anti-neposism laws do not typically prevent an individual from helping a friend get their \"foot in the door\" for an interview when they have a connection to someone who works in the industry; however, in these cases (if an anti-nepotism law is in place) it is really just dictating that their association can't <em>guarantee</em> them the job over a more qualified candidate. It doesn't say that all things being equal, having a connection won't be the deciding factor, because it often will. </p>\n\n<p>What those laws are <em>really</em> meant to do is prevent the use of ones power to trade for professional resources (jobs) or financial or other personal gain in a regulated or government industry, or when a fiduciary duty exists (eg. a chief of staff for a governor telling a corporate entity that if they give their political support to the candidate that the nephew of the CEO will get a judicial appointment when the candidate takes office). That would be a true conflict of interest. And even still, <em>that</em> happens a lot. Most times when a judicial opening happens, the word will get out before anyone can apply (to those in the know) that the job is already promised since in my state these are gubernatorial appointments. It's just an unfortunate fact of life.</p>\n\n<p>The employers/jobs/industries you have used as examples are <em>not</em> subject to legislation nor do they owe a fiduciary duty to anyone that impacts their ability to stick to the \"Hollywood elite'' when hiring for those type of jobs. People will inherently be more interested in seeing a famous person's kid than just a new face. In private industry, there is nothing at all wrong with hiring who and what you know. Also, you are referring in your list are talented families. It may be partly that these people's families know the right people to get them in, or at least give them a fighting chance in a highly incestuous and competitive industry. But once they get their \"shot\" (which is the hardest thing to get) they <em>may be</em> the most talented. It's subjective. It may also have to do with just having been born into those famous families of artists...growing up watching them do their craft...that being their daily \"education\" needed to gain the skill and knowledge to develop their talent to make them the best choice. Regardless, it's is perfectly legal and if there were ever an industry that nepotism is alive in, <em>it is the motion picture industry</em> (or really any performing arts industry). </p>\n\n<p>Since performing arts is part of your example, i'll note that it is also one of the only industries that <em>can</em> discriminate based solely on sex or race. If a director envisions his lead actor to be a short, black, man, they don't have to consider men of other races, or women, or people over a certain height or of other ethnicities. The job itself is <em>personal characteristic specific</em>. That is part of the artistic process and the law doesn't disallow that. That job description could never exist in any other context.</p>\n\n<p>Most places have little if any jurisdiction to control the general hiring practices of private industry when it comes to who they <em>can</em> hire. Certainly there are laws relating to reasons behind not hiring someone, but that is different. Private employers can mostly do what they want so long as they aren't discriminating based on a protected reasons (race, sexual orientation (in many states), religious or political affiliation, gender). </p>\n\n<p>Look at the highest office in the world, for example - the President of the United States. When a new president gets elected, the entire executive branch and if he gets lucky, some judicial seats too - gets culled out, getting rid of the old team beholden to the past administration, and is then filled with the new executive branch consisting of friends, trusted advisors, political allies (people he owes political favors too) and judges who will uphold the laws they want passed. This is true nepotism at its greatest (or worst-depending on your perspective). I bet that if someone did a chart on the connections to the highest paying and/ or most powerful jobs in government, or private industry to the biggest government contracts, PAC's, and largest donors, almost every big job with be no more than <strong>2 degrees of separation</strong> away from the most powerful people in the senate, judicial and executive branches or the biggest campaign donors. Now that would be an interesting study!</p>\n\n<p>Although nepotism is definitely still alive and well, certainly not as as it once was. There was a time when civil service was most known for this, which precipitated many of the anti-nepotism laws that exist in some lower forms of government (like state and municipal) in the first place. There was a time when many an unqualified people would get the civil service jobs for no reason other than having a person \"to get them in\". This practice bore the saying, \"it's not what you know, it's who you know\" that matters!. To a big extent. this is still very much the rule.</p>\n\n<p><strong>\"More generally, conflicts of interest can be defined as any situation in which an individual or corporation (either private or governmental) is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit.\"</strong> Just as a note, the legal definitions pertaining to conflict of interest law are nuanced and complex. IMHO, I think Wikipedia is OK to get information that will help get a starting point for research, but never as a main source. Especially when the abiding authority is just as accessible, free and online (like a legal dictionary or treatise).</p>\n\n<p>Helping to get a friend or family member hired into to a sought-after position is generally not a conflict of interest. The \"duty of loyalty\" you are referring to is when a fiduciary or professional duty exists and someone does something that can adversely affect the person or corporation they are supposed to be protecting, expressly for their own personal financial gain. While I can see how you could think that this (you example) could fit the bill, from a legal perspective it really doesn't. </p>\n\n<p>Some professional organizations disallow even the appearance of impropriety or conflicts (like lawyers, doctors, stock traders, etc).</p>\n", "score": 0 } ]

[ "united-states" ]

[ { "answer_id": 580, "body": "<p>The quickest way to get the text of Australian judgements is through <a href=\"http://www.austlii.edu.au/\" rel=\"nofollow\">AustLII</a>.</p>\n\n<h3>Reading the citation</h3>\n\n<p>Parties:</p>\n\n<blockquote>\n <p><em>Tame v New South Wales</em></p>\n</blockquote>\n\n<p>In this case, the parties are (Clare Janet) <em>Tame</em> and (the State of) <em>New South Wales</em>.</p>\n\n<p>Year:</p>\n\n<blockquote>\n <p>[2002]</p>\n</blockquote>\n\n<p>or</p>\n\n<blockquote>\n <p>(2002)</p>\n</blockquote>\n\n<p>There is a subtle distinction between the above years: in brackets <code>[]</code> is <em>generally</em> (but not always) the year that the judgement was <em>made</em>, which may or may not be the year that the case was <em>reported</em>, which appears in parentheses <code>()</code>.</p>\n\n<p>This case was both decided in, and reported in this law report, in 2002.</p>\n\n<h3>Court</h3>\n\n<blockquote>\n <p>HCA</p>\n</blockquote>\n\n<p>Where the citation includes brackets - <code>[]</code> - the abbreviation that follows is the <em>unique court identifier</em> of the court where the judgement occurred. This case was decided in the High Court of Australia. For a list of courts and abbreviations, see <a href=\"http://www2.austlii.edu.au/~davidv/alr/secure/tables/caselaw_table.html\" rel=\"nofollow\">AustLII's table of Australian case law</a>. <strong>This is called a <em>medium-neutral</em> citation</strong>.</p>\n\n<p>Some reports are organised by year - unfortunately, there is no pattern to this - and they will have the year in brackets also. If more than one volume of a report of this kind is produced in this year, the volume number will appear between the year and the abbreviation as below.</p>\n\n<h3>Report number and series</h3>\n\n<blockquote>\n <p>211 CLR</p>\n</blockquote>\n\n<p>Where the year appears in parentheses - <code>()</code> - and a number, then an abbreviation follows, these are the volume and abbreviation of the law report. In this case, it is the 221^st volume of the Commonwealth Law Reports.</p>\n\n<h3>Pinpoint reference</h3>\n\n<blockquote>\n <ul>\n <li><em>Tame v New South Wales</em> [2002] HCA <strong>35</strong></li>\n <li><em>Tame v New South Wales</em> (2002) 211 CLR <strong>317</strong></li>\n </ul>\n</blockquote>\n\n<p>The final number is the <em>pinpoint reference</em>. In a medium-neutral citation, this is the judgement number - the <em>n</em>th judgement that year.</p>\n\n<p>In all other cases, it is the page on which the judgement commences in the law report.</p>\n\nAuthorised and authoritative law reports\n\n<p>All law reports are <em>authoritative</em> and can be employed in court, however the <em>authorised</em> law reports of a court are the <em>official</em> law reports - there is only one for each court. Judgements that highlight a novelty or a particular point of law are generally reported in the authorised law report.</p>\n\n<h2>How to use a citation</h2>\n\n<p>The practical upshot of this is that AustLII provides <a href=\"http://www.austlii.edu.au/lawcite/\" rel=\"nofollow\">LawCite</a>, which is a free case citator - you can search for cases.</p>\n\n<p>All you need is either:</p>\n\n<ul>\n<li>The year, court abbreviation, and judgement number, or</li>\n<li>The volume, report abbreviation, and page number</li>\n</ul>\n\n<p>In the above examples, these would be</p>\n\n<blockquote>\n <ul>\n <li>2002 HCA 35, and</li>\n <li>211 CLR 317 </li>\n </ul>\n</blockquote>\n\n<p>... respectively. This is referred to in the citator as the citation (which is confusing because the entire thing is a citation).</p>\n\n<p>LawCite provides, for your convenience, a table of:</p>\n\n<ul>\n<li>Cases that cite the case your case,</li>\n<li>Law reform reports referring to your case,</li>\n<li>Law journals referring to your case</li>\n<li>Legislation cited in the case your case, and</li>\n<li>Cases and articles cited in your case.</li>\n</ul>\n\n<p>These are extremely useful in finding related cases during your research.</p>\n", "score": 5 } ]

[ "australia", "case-law", "legal-research" ]

[ { "answer_id": 276, "body": "<p>Under the ACPA, a trademark owner may bring a cause of action against a domain name registrant who</p>\n\n<blockquote>\n <ul>\n <li>Has a bad faith intent to profit from the mark</li>\n <li>Registers, traffics in, or uses a domain name that is\n <ul>\n <li>Identical or confusingly similar to a distinctive mark</li>\n <li>Identical or confusingly similar to or dilutive of a famous mark</li>\n <li>Is a trademark protected by 18 U.S.C. § 706 (marks involving the Red Cross) or 36 U.S.C. § 220506 (marks related to the “Olympics”)</li>\n </ul></li>\n </ul>\n</blockquote>\n\n<p>A trademark is famous if the owner can prove that the mark “is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark's owner”.</p>\n\n<p>“Trafficking” in the context of domain names includes, but is not limited to “sales, purchases, loans, pledges, licenses, exchanges of currency, and any other transfer for consideration or receipt in exchange for consideration”. The ACPA also requires that the mark be distinctive or famous at the time of registration. </p>\n\n<p>In determining whether the domain name registrant has a bad faith intent to profit, a court may consider many factors, including nine that are outlined in the statue:</p>\n\n<blockquote>\n <ol>\n <li>Registrant’s trademark or other intellectual property rights in the\n domain name;</li>\n <li>Whether the domain name contains the registrant’s legal or common name;</li>\n <li>Registrant’s prior use of the domain name in connection with the bona fide offering of goods or services;</li>\n <li>Registrant’s bona fide noncommercial or fair use of the mark in a site accessible by the domain name;</li>\n <li>Registrant’s intent to divert customers from the mark owner’s online location that could harm the goodwill represented by the mark,\n for commercial gain or with the intent to tarnish or disparage the\n mark;</li>\n <li>Registrant’s offer to transfer, sell, or otherwise assign the domain name to the mark owner or a third party for financial gain,\n without having used the mark in a legitimate site;</li>\n <li>Registrant’s providing misleading false contact information when applying for registration of the domain name;</li>\n <li>Registrant’s registration or acquisition of multiple domain names that are identical or confusingly similar to marks of others; and</li>\n <li>Extent to which the mark in the domain is distinctive or famous.</li>\n </ol>\n</blockquote>\n\n<p><strong>The ACPA does not prevent the fair use of trademarks or any use protected by the First Amendment, which includes gripe sites.</strong> In <em><a href=\"https://www.courtlistener.com/opinion/2471091/mayflower-transit-llc-v-prince/\" rel=\"nofollow\">Mayflower Transit, L.L.C. v. Prince, 314 F. Supp. 2d 362 (D.N.J 2004)</a></em>, the court found that the first two prongs of Mayflower's ACPA claim were easily met because (1) their registered trademark was distinctive and (2) Defendant’s “mayflowervanline.com” was confusingly similar to Plaintiff’s Mayflower trademark. However, when the court was examining the third prong of Plaintiff’s ACPA claim, whether Defendant registered its domain name with the bad faith intent to profit from Plaintiff, the court found Defendant had a bona fide noncommercial use of the mark, therefore, the ACPA claim failed. “Defendant’s motive for registering the disputed domain names was to express his customer dissatisfaction through the medium of the Internet.”</p>\n\n<p>The domain name registrar or registry or other domain name authority is not liable for injunctive or monetary relief except in the case of bad faith or reckless disregard.</p>\n\n<p>While § 1125 protects trademark owners, 15 U.S.C. § 1129 protects any living person from having their personal name included in a domain name, <strong>but only when the domain name is registered for profitable resale.</strong></p>\n", "score": 6 }, { "answer_id": 3817, "body": "<p>No, you cannot.</p>\n\n<p>There are probably hundreds of millions of people across the world carrying out the most popular first names, and even the rarest dictionary names are still carried out by tens of thousands of people across the globe.</p>\n\n<p>You cannot expect to come down to the internet in 2015 and take a <code>.com</code> name that's potentially wanted by so many people and has been registered for 20 years since 1995, even if it's presently being offered on sale. <em>Were you even born before it was registered?</em></p>\n\n<p>(Especially if you're only willing to pay 10$ for it, which likely wouldn't even cover the direct costs of the present registrant, not to mention the supply/demand part.)</p>\n\n<p>The aforementioned 15 U.S.C. § 1129 from the other answer indeed looks somewhat applicable, but I highly doubt that anyone would agree that a random <em>myfirstname</em> individual, one who is not expressly famous or known by any significant proportion of the population under such name, is somehow intrinsically owned a <code>myfirstname.com</code> domain name, just because they're the first one to file a lawsuit against the present owner that's offering it on sale. What the court would likely conclude is that the similarity between the names in purely incidental.</p>\n", "score": 0 }, { "answer_id": 3838, "body": "<p>First, unless you are the only person with that first name, there wouldn't be any reason why <em>you</em> should have the right to this domain name, and not someone else with the same first name. Looking at howmanyofme.com I found there are between 100,000 and 200,000 people in the USA alone with the same first name as me, and about the same number with the same first name as my wife. And that's the USA alone with less than 5% of the world population. Now if your full name is Mr. Chiperryman Smith you might have a point :-)</p>\n\n<p>Second, unless there are circumstances that would make this unfair, the rule for domain names is first come, first served. What would count strongly for the currently registered owner would be if they have a genuine connection to that name, if they are actively trading with that name. What would strongly count against the currently registered owner would be offering the name to the other person for a large amount of money; typically this would happen if a name is registered for the purpose of selling it to someone else. </p>\n\n<p>So if I registered www.chipperyman.com after reading your post here and then offered to sell it to you for $10,000, I would likely lose. If I used www.chipperyman.com to sell little chippery figures for the last 15 years, you have no chance in hell. </p>\n\n<p>If you read about the definition of cybersquatting just on wikipedia, it is quite obvious that someone <em>using</em> the domain name for 15 years is not in the slightest way coming anywhere near the definition of cybersquatting. </p>\n", "score": 0 } ]

[ "internet", "cybersquatting" ]

[ { "answer_id": 3833, "body": "<p>My interpretation would be:</p>\n\n<p><em>As related to the parents...</em></p>\n\n<ul>\n<li>Immediate family (e.g., brothers, sisters, etc.)</li>\n<li>First and second cousins, aunts and uncles</li>\n<li>Any direct ancestors (i.e., parents, grand-parents, great-grandparents, etc.)</li>\n<li>Any direct decendants (i.e., children, grandchildren, etc.)</li>\n<li>Any extended family members who have a close emotional relationship or frequent day-to-day interactions.</li>\n</ul>\n\n<p>Unfortunately, the vagueness of the requirement leaves the interpretation subjective — as you have noted. The interpretation of this requirement might be the <strong><em>reasonable person</em></strong> standard — i.e., what a reasonable person would consider <strong><em>related to</em></strong> to mean. However, IMHO, any future challenge would have a higher likelihood of success if any of the above family members were used as witnesses.</p>\n\n<p>Disclaimer: I am not an attorney. So don't follow my advice. Hire a real attorney if you need one.</p>\n", "score": 3 } ]

[ "witnesses" ]

[ { "answer_id": 3830, "body": "<p>Check your license from shutterstock what you are allowed to do with these images. They allow you, for appropriate payment, to publish their original images on your website. There is no reason why you couldn't ask them for a license to create an image derived from their original and publish it on your website. </p>\n\n<p>Anyway, according to your description, you created a derived work of the shutterstock images. Which <em>is</em> copyright infringement unless your license from shutterstock allows this. You have of course copyright on your modifications, but shutterstock also has a copyright on your work, because it is derived from theirs. If you have no license to create a derived work, then publishing it makes the situation worse. </p>\n\n<p>To answer your question: Legally, by getting an appropriate license. Illegally, by creating a work with so little similarity that you are not suspected. </p>\n", "score": 4 } ]

[ "copyright" ]

[ { "answer_id": 3820, "body": "<h3>Lawyers control hostile witnesses with leading questions.</h3>\n\n<p>The reason Perry Mason's tactic worked in this example is because his only \"real\" question (<em>which actually wasn't a question at all as the below analysis explains</em>) was to read the letter. Since the contents of the letter were written, Mr. Mason knew exactly what the answer would be and, therefore, he had \"control\" over what the witness would say. <em>Same analysis also applies for the other two \"questions.\"</em></p>\n\n<p>As @cpast correctly points out in his comment, the rules allow <strong><em>direct examination</em></strong> of <strong><em>hostile witnesses</em></strong>. Witnesses are designated hostile by the judge in response to a request by the attorney who calls them for direct examination.</p>\n\n<h3>Question Analysis</h3>\n\n<p><strong>Question 1:</strong></p>\n\n<ul>\n<li><strong>Leading.</strong> <em>Are you Martha Lavinia?</em></li>\n<li><strong>Not leading.</strong> <em>What is your name?</em></li>\n</ul>\n\n<p><strong>Question 2:</strong></p>\n\n<ul>\n<li><strong>Leading.</strong> <em>Is this your signature on this letter?</em></li>\n<li><strong>Not leading.</strong> <em>Whose signature is on this letter?</em></li>\n</ul>\n\n<p><strong>Question 3:</strong></p>\n\n<ul>\n<li><strong>Not a question.</strong> <em>Please read the letter to the court.</em></li>\n<li><strong>Question.</strong> <em>What does this letter say?</em></li>\n</ul>\n", "score": 2 } ]

[ "united-states", "trial" ]

[ { "answer_id": 3829, "body": "<p>Anyone in a country without strong laws against libel can accuse you of plagiarism. If I hear your song on the radio, I'm free to say \"it sounds just like xyz written by abc in 1968\". But that doesn't mean anything. </p>\n\n<p>If Mr. ABC himself thinks \"it just sounds like xyz that I wrote in 1968\", then he can accuse you of copyright infringement. And take you to court. And a judge or a jury, supported by expert witnesses, would make the decision whether you copied the song or not. </p>\n", "score": 2 } ]

[ "copyright", "intellectual-property", "music" ]

[ { "answer_id": 1738, "body": "<p>Yes, in general you can face legal issues if you distribute copyright material in a way that is not authorised by the copyright holder. The text and images of websites are almost always subject to copyright.</p>\n", "score": 1 }, { "answer_id": 1952, "body": "<p>According to <a href=\"http://en.wikipedia.org/wiki/Fair_use\" rel=\"nofollow noreferrer\">http://en.wikipedia.org/wiki/Fair_use</a>:</p>\n<blockquote>\n<p><strong>Fair use</strong> is a limitation and exception to the exclusive right granted by copyright law to the author of a creative work.</p>\n<p>Examples of fair use include commentary, search engines, criticism, parody, news reporting, research, teaching, library archiving and scholarship.</p>\n</blockquote>\n<p>If your re-designs clearly indicate the appropriate commentary, criticism or research on the matter (e.g., the before and after screenshots, together with the before and after source code, for example), giving appropriate credit to the original source, and without you trying to misattribute to yourself the work done by others, then someone in your situation would likely have a good <em>affirmative defense</em> based on the <em>fair use</em> doctrine to any copyright violation claim that the copyright holders might bring.</p>\n", "score": 1 } ]

[ "united-states", "copyright", "employment" ]

[ { "answer_id": 3825, "body": "<p><strong>Performance Bond</strong> Definition: <a href=\"http://www.duhaime.org/LegalDictionary/P/PerformanceBond.aspx\" rel=\"nofollow\">Source: Duhaime's Law Dictionary</a> </p>\n\n<blockquote>\n <p>A contract wherein a third-party, in exchange for a fee, secures another's fulfillment of a contract or performance of a duty.</p>\n</blockquote>\n\n<p><strong>Sanction</strong> Definition: <a href=\"http://dictionary.law.com/Default.aspx?selected=1880\" rel=\"nofollow\">Source: Law.com</a></p>\n\n<blockquote>\n <p>n. 1) a financial penalty imposed by a judge on a party or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court.</p>\n</blockquote>\n\n<p>I think the text is fine as it is. Without substitution.</p>\n\n<p>It would not make sense to me to substitute <strong><em>sanction</em></strong> with <strong><em>performance bond</em></strong> as I understand your question. My reading of the passage is that the <strong><em>realization of sanctions</em></strong> requires two elements. Not the realization of a performance bond.</p>\n", "score": 1 } ]

[ "international" ]

[ { "answer_id": 3814, "body": "<h1>Short Answer</h1>\n\n<blockquote>\n <p>To successfully exit your contract, you need to do two things.</p>\n \n <ol>\n <li><strong>Read the contract</strong> to understand your position.</li>\n <li><strong>Negotiate with your counterparty</strong> to achieve an exit.</li>\n </ol>\n</blockquote>\n\n<h2>Explanation</h2>\n\n<h3>Step 1. Read the contract.</h3>\n\n<p>The contract might or might not address this specific situation. Before you approach your counterparty make sure you have a thorough understanding of what the contract stipulates your relative positions are. If the contract doesn't address it, then you need to become familiar with the common law in this situation and whether or not your counterparty will have a claim to be reimbursed for any expenses they might have incurred so far.</p>\n\n<h3>Step 2. Negotiate with your counterparty.</h3>\n\n<p>After you understand your legal position, figure out what is a reasonable range of outcomes for both parties. And look at the situation from their point of view. For example, if they spent money based on assurances you made in the contract, you might conclude they are due to be reimbursed that money. Then the question becomes how much more would they be due. If nothing, then fine. You might want to open the negotiations with that offer.</p>\n\n<h3>Also: Study common industry practice</h3>\n\n<p>Also, you should become familiar with how these matters are commonly dealt with in the publishing industry. Ask around. Read some articles. <a href=\"http://www.giyf.com\" rel=\"nofollow\">Do some GIYF research</a>. Maybe get a publishing attorney's advice. This should all help you understand what a reasonable range of outcomes might be in this situation. Then negotiate.</p>\n", "score": 2 } ]

[ "contract-law" ]

[ { "answer_id": 3808, "body": "<p>In many jurisdictions, there is a \"witness fee\" that one is <em>required</em> to pay, as a token recognition of the value of a person's time. Fact witnesses can often be obligated to appear and testify, for minimal compensation, but not against themselves. In federal cases, <a href=\"https://www.law.cornell.edu/rules/frcrmp/rule_17\" rel=\"noreferrer\">Rule 17(b)</a> of the Rules of Criminal Procedure permit the defendant to apply to ask the government to pay the witness fee if they cannot afford it and the presence of the witness is necessary for an adequate defense.</p>\n\n<p>The other side of a case (in this example, the prosecutor) could try to impeach the witness's testimony (i.e. make him seem less credible in the eyes of the jury) by demonstrating that the witness is a \"professional witness\" (i.e. fees from saying things in court are a major part of the witness's regular income). That doesn't seem to apply to the facts you've listed, where the witness just happened to be in that place and time to observe what happened and (assuming for this question) accurately testified as to what he saw. </p>\n\n<p>Personally paying the police officer or judge for a favorable result is a different question with a different answer.</p>\n", "score": 5 } ]

[ "united-states", "evidence" ]

[ { "answer_id": 1236, "body": "<p>First and foremost there <strong>are</strong> laws in Massachusetts that govern leasing (and subleasing - this is only a sub-category of leasing after all) of real property. I do not know what they say and I am not going to bother finding out; you should. Start <a href=\"http://www.mass.gov/ago/consumer-resources/consumer-information/home-and-housing/landlord-and-tenant-law/\" rel=\"nofollow\">here</a>.</p>\n\n<p>Typically, real property transactions are one of the most highly regulated areas in any jurisdiction. In general, they will read terms into any contract, prohibit other terms and <em>may</em> specify the form of the contract - it may be that the contract <em>must</em> contain certain clauses or it is unenforceable.</p>\n\n<p>Notwithstanding, <strong>if</strong> the contract is enforceable and <strong>if</strong> the only terms are the ones you have given (both questionable predicates):</p>\n\n<ul>\n<li>Bob can <em>physically</em> leave anytime he wants to - a subtenant is not an inmate of a prison. Bob will have <em>access</em> to the property until 15 August and must pay the rent up until that date. Alice must allow Bob \"quiet enjoyment\" of the property until that time.</li>\n<li>Bob can <em>ask</em> Alice to vary the terms of the contract in any way he likes; including reducing (or extending) the term with or without notice periods. If Alice <em>agrees</em> then the contract is varied and the new terms replace the old.</li>\n</ul>\n\n<p>Having said that, civil law only matters when there is a <em>dispute</em>; if Bob and Alice (and Ted and Carol) are (reasonably) happy with their arrangement it <em>does not matter</em> that it may be legally unenforceable. Courts and judges do not wander around town sticking their nose into every <em>arrangement</em> to make sure it is in full compliance with the law (largely because of the risk of bodily harm that would result :)); they only interfere when one of the parties asks them to. </p>\n", "score": 1 } ]

[ "united-states", "rent", "massachusetts" ]

[ { "answer_id": 3798, "body": "<p>In the US it is not a crime to be in the country illegally. </p>\n\n<blockquote>\n <p>As a general rule, it is not a crime for a removable alien to remain in the United States. </p>\n</blockquote>\n\n<p><a href=\"http://www.supremecourt.gov/opinions/11pdf/11-182b5e1.pdf\" rel=\"nofollow\">Arizona v US</a></p>\n\n<p>So it's illegal, you get a state induced consequence (deportation) but it doesn't make you a criminal e.g. you don't go to jail for it. </p>\n\n<p>I have no idea if that's what's going on over there but it's a plausible explanation. </p>\n", "score": 3 }, { "answer_id": 3785, "body": "<p>I would put that down to bad wording of the article. As you mention it would be a crime if you did anything illegally.</p>\n", "score": 0 } ]

[ "international", "european-union" ]

[ { "answer_id": 3795, "body": "<p>Most exams are going to have an agreement that prohibits this type of thing. The main penalty is that a violator automatically fails the exam and perhaps is banned from taking it again. The exam owner may also threaten copyright violations (which are civil, not criminal, meaning they will sue for damages).</p>\n\n<p>There was a case where this sort of thing was discussed. <a href=\"http://www.leagle.com/decision/19971696965FSupp731_11607.xml/EDUC.%20TESTING%20SERV.%20v.%20STANLEY%20H.%20KAPLAN,%20EDUC.%20CTR.,%20LTD.\" rel=\"nofollow noreferrer\">EDUCATIONAL TESTING SERVICE, et al. v. STANLEY H. KAPLAN, EDUCATIONAL CENTER, LTD.</a> 965 F.Supp. 731 (1997)</p>\n\n<blockquote>\n <p>...take the test in an organized effort to prove that there was a\n large number of reappearing questions that could be memorized and\n passed on. When this effort was successful, <strong>Kaplan compiled a list of\n 200 questions</strong> from the exam. <strong>Without more these actions would not\n have constituted a copyright violation</strong> because of the fair use\n defense.</p>\n</blockquote>\n\n<p>Fair use is defined in 7 U.S. Code § 107</p>\n\n<p><strong>Limitations on exclusive rights: Fair use</strong></p>\n\n<blockquote>\n <p>In determining whether the use made of a work in any particular case\n is a fair use the factors to be considered shall include—</p>\n \n <ol>\n <li>the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; </li>\n <li>the nature of the copyrighted work; </li>\n <li>the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and </li>\n <li>the effect of the use upon the potential market for or value of the copyrighted work.</li>\n </ol>\n \n <p>The fact that a work is unpublished shall not itself bar a finding of\n fair use if such finding is made upon consideration of all the above\n factors.</p>\n</blockquote>\n\n<p>Is it copyright infringement? It depends on how much of the exam is rebuilt. Mostly likely it won't lead to legal action because there are no damages if it's just a few people working together.</p>\n\n<p>You could also ask the question in the Academia stack; they have talked about similar subjects: <a href=\"https://academia.stackexchange.com/questions/28206/are-there-universities-that-consider-it-academic-misconduct-for-students-to-publ\">https://academia.stackexchange.com/questions/28206/are-there-universities-that-consider-it-academic-misconduct-for-students-to-publ</a></p>\n", "score": 1 } ]

[ "copyright", "criminal-law" ]

[ { "answer_id": 3793, "body": "<p>California has a law prohibiting non-disparagement clauses in consumer transactions.¹ The rule tells us that any waivers of the rule are void. We also learn that the penalty is $2500 for the first violation and $5000 for each subsequent. The consumer can bring the lawsuit.</p>\n\n<p>Non-disparagement agreements are valid in employment and severance agreements. So, yes, they are enforceable as a matter of law. (But note that the NLRB and the EEOC have recently come out against certain <em>broadly</em> worded non-disparagement language.)</p>\n\n<p>CA has an anti-SLAPP statute.²</p>\n\n<p>There is no \"legal definition of disparagement in the context of a non-disparagement agreement.\" If the term is not defined in the contract the court will likely apply the plain meaning rule. Generally speaking, the plain meaning of disparagement is speaking or writing about the subject in a negative light. As such the term \"disparagement\" will apply to negative speech, regardless of truth. In fact, most non-disparagement clauses will include a word like \"criticize.\" The thing is, false negative comments are already a tort which means that you can get sued for those even without the non-severance agreement. However, a non-disparagement agreement makes it easier for the plaintiff because they do not need to prove damages and they can include liquidated damages in the contract.</p>\n\n<p>This might be confusing because <em>disparagement</em> is a tort recognized in CA.³ </p>\n\n<blockquote>\n <p>A claim of disparagement requires a plaintiff to show a\n false or misleading statement that (1) specifically refers to the\n plaintiff's product or business and (2) clearly derogates that product\n or business.</p>\n</blockquote>\n\n<p>The point is that the disparagement prohibited in employment contracts is not the recently-defined tort of disparagement but rather the plain definition of disparagement. The disparagement prohibited in employment contracts applies to true statements. (The caveat being that the definition is subject to a definition included in the contract.)</p>\n\n<hr>\n\n<p>¹<strong><a href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=civ&amp;group=01001-02000&amp;file=1667-1670.8\" rel=\"nofollow\">Cal. Civ. Code 1670.8. (a) (1)</a></strong> A contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer's right to make any statement regarding the seller or lessor or its employees or agents, or concerning the goods or services.</p>\n\n<p>²<strong><a href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&amp;group=00001-01000&amp;file=425.10-425.50\" rel=\"nofollow\">CODE OF CIVIL PROCEDURE 425.16. (a)</a></strong> The Legislature finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.</p>\n\n<p>³ <a href=\"https://scholar.google.com/scholar_case?case=3709053854695181834&amp;hl=en&amp;as_sdt=6&amp;as_vis=1&amp;oi=scholarr\" rel=\"nofollow\"><strong>Hartford Casualty Ins. Co. v. Swift Distribution, Inc.</strong></a>, 326 P. 3d 253 - Cal: Supreme Court 2014</p>\n", "score": 1 } ]

[ "california", "definition" ]

[ { "answer_id": 3788, "body": "<p>The insurer can absolutely deny paying any claims if they discover that you misrepresented something in obtaining your policy, or you failed to notify them of relevant changes in accordance with the policy's terms.</p>\n\n<p>In fact, even changing the \"garage\" location <em>within a state</em> can affect your premium.</p>\n\n<p>You should call your insurer and provide them an honest and complete description of the regular use of the car. It is up to their underwriters whether they will continue to provide insurance for that use, and whether they will change your premium accordingly.</p>\n\n<p><strong>Update</strong> regarding the question update: The insurer could <em>not</em> legally deny a claim for any insured damage prior to notice of cancellation, so long as there was no misrepresentation and you had paid your premiums.</p>\n\n<p>As to when an insurer can legally cancel a policy: This is first a contractual question, and their policy should include terms and conditions that address this. (E.g., they might reserve the right in the policy to cancel it for <em>any reason at any time</em>, in which case it's almost certainly legal.) Note that <em>all policy terms</em> must be approved by a state's insurance commission. I happen to remember that Massachusetts has some very unusual terms and restrictions for car insurance, so I wouldn't be surprised if the Massachusetts entity discovered that their policy on the out-of-state car was non-compliant and they <em>had</em> to cancel it.</p>\n\n<p>The great thing about the tight regulation of auto insurance is that if a claim on a policy is denied, or if a policy is improperly cancelled, then you can file a complaint with the state regulator, and those tend to get resolved quickly and in the insured's favor. Therefore, you should simply review your policy terms and the cancellation notice. If anything seems out-of-order you can call both the insurer and your state regulator.</p>\n", "score": 9 } ]

[ "united-states", "vehicle", "insurance", "massachusetts", "georgia" ]

[ { "answer_id": 3780, "body": "<p>Every State in the union has some form of involuntary mental health hold. Regardless of whether or not the patient claims it was an accident, it is incumbent upon the hospital or facility where the individual is held (which is typically at least 72 hours) to do an in-depth analysis of whether the person is a danger to themselves or others. While in this scenario it may've been an inadvertent overdose, the empirical evidence suggests it <em>could</em> have been intentional as the practitioner cannot see into the thoughts and motivations behind the patient's actions. Even taking the patient at face-value, addiction to the extent of overdose is also a mental health issue, which may cause a person to be a danger to themselves. From a clinical perspective, it is much more likely than not that one of the two scenarios occurred, versus a truly mistaken overdose. One would need to mistake their actions numerous times in a day to take so much as to overdose.</p>\n\n<p>If you look at it from the inverse perspective, if the facility failed to keep a person who'd just overdosed, or the first responder failed to initiate a hold and the person later died, minimally <em>they</em> would be liable if sued by the family in an action for wrongful death. The unfortunate facts are that if a person was set on committing suicide, it unlikely they would be forthcoming with that fact, for this very reason (the mandatory hold), so a person's word cannot be the determining factor. Even if someone was not <em>intentionally</em> trying to take their life, having taken enough Xanax to cause medical overdose would suggest the potential that even if not suicidal, the individual was at a minimum abusing the medication by taking much more than prescribed (or in a way that is contraindicated - such as with alcohol or other depressants) and potentially suffering from benzodiazepine addiction. Either way, if the hold was not initiated or cut short - and then someone ended up dying from an overdoes - the responsibility and potential liability is the same. </p>\n\n<p>A person who is suicidal can reassess what may be a snap decision, or have a chemical imbalance stabilized, or a severe addiction identified in that amount of time. For the person who ctually takes so much medication as to mistakenly cause overdose, this is certainly inconvenient; however, 72 hours is a short time in the grand scheme of things to potentially save a life. The law will nearly always err on the side of safety and prevention.</p>\n", "score": 4 }, { "answer_id": 3777, "body": "<p>I don't like citing <a href=\"https://en.wikipedia.org/wiki/Florida_Mental_Health_Act\" rel=\"nofollow\">Wikipedia</a>, but:</p>\n\n<blockquote>\n <p><strong>The Baker Act allows for involuntary examination</strong> (what some call emergency or involuntary commitment). It can be initiated by judges, law enforcement officials, physicians, or mental health professionals. There must be evidence that the person: </p>\n \n <ul>\n <li>possibly has a mental illness (as defined in the Baker Act).</li>\n <li>is a harm to self, harm to others, or self neglectful (as defined in the Baker Act).</li>\n </ul>\n \n <p>Examinations may last up to 72 hours after a person is deemed medically stable</p>\n</blockquote>\n\n<p>The relevant statute is <a href=\"http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&amp;Search_String=&amp;URL=0300-0399/0394/Sections/0394.463.html\" rel=\"nofollow\">here</a>.</p>\n", "score": 3 } ]

[ "united-states", "health", "florida", "mental-health" ]

[ { "answer_id": 3779, "body": "<p>The duration of copyright is specified in the <a href=\"http://www.legislation.gov.uk/ukpga/1988/48/section/12\" rel=\"nofollow\">Copyright Designs and Patents Act 1988</a>:</p>\n\n<blockquote>\n <p><strong>12</strong> (2) Copyright expires at the end of the period of 70 years from the end of the calendar year in which the author dies</p>\n</blockquote>\n\n<p>The only provision for extending the copyright is where is some doubt about authorship. If an unknown author is identified within that 70-year period, then the copyright expires seventy years after the death of the last-surviving author (<a href=\"http://www.legislation.gov.uk/ukpga/1988/48/section/12\" rel=\"nofollow\">ibid.</a>)</p>\n\n<p>In the case of an artistic work which is presumably verified as being the work of the artist and protected as such, it would be very difficult to suddenly \"discover\" an unknown contributor who would cause the copyright to be extended.</p>\n", "score": 3 }, { "answer_id": 3766, "body": "<p>The copyright for the original work will expire. That foundation is free to create copies of the work that are slightly modified and claim copyright on the modified work. Now I would personally not be happy to buy a modified copy of a great work on art, so I doubt that strategy would be too successful. </p>\n", "score": 0 } ]

[ "copyright", "united-kingdom" ]

[ { "answer_id": 3774, "body": "<p>From <a href=\"http://www.ipaustralia.gov.au/get-the-right-ip/trade-marks/about-trade-marks/\" rel=\"nofollow\">IP Australia</a>:</p>\n\n<blockquote>\n <p>A trade mark is used to distinguish your goods and services from someone else's and is enforceable under IP law. </p>\n</blockquote>\n\n<p>If you are using the trade mark in a way that doesn't create confusion between <em>your</em> goods and services (product reviews) and the trade mark owner's goods and services (whatever that is) then there is no infringement. Permission is not required.</p>\n\n<p>For example, I can write Coke and talk about Coke and review Coke and paint pictures of Coke so long as I do not use Coke to sell beverages.</p>\n", "score": 1 } ]

[ "trademark" ]

[ { "answer_id": 3770, "body": "<p>There are circumstances in Australia where it is legal to <a href=\"http://www.fairwork.gov.au/pay/unpaid-work\" rel=\"nofollow noreferrer\">work unpaid</a>.</p>\n<h2><a href=\"http://www.fairwork.gov.au/pay/unpaid-work/unpaid-trials\" rel=\"nofollow noreferrer\">Unpaid Trials</a></h2>\n<blockquote>\n<p>A work trial is okay when:</p>\n<ul>\n<li><p>it involves no more than a demonstration of the person’s skills, where they are directly relevant to a vacant position</p>\n</li>\n<li><p>it's only for as long as needed to demonstrate the skills required for the job. This will be dependent on the nature and complexity of the work, but could range from an hour to one shift</p>\n</li>\n<li><p>the person is under direct supervision for the entire trial.</p>\n</li>\n</ul>\n<p>Any period beyond what is reasonably required to demonstrate the skills required for the job must be paid at the appropriate minimum rate of pay. If an employer wants to further assess a candidate's suitability, they could employ the person as a casual employee and/or for a probationary period and pay them accordingly for all hours worked.</p>\n</blockquote>\n<h2><a href=\"http://www.fairwork.gov.au/pay/unpaid-work/student-placements\" rel=\"nofollow noreferrer\">Student Placements</a></h2>\n<blockquote>\n<p>Under the FW Act, a vocational placement is lawfully unpaid if it meets all the following criteria:</p>\n<ul>\n<li><p>There must be a placement</p>\n</li>\n<li><p>There must be no entitlement to pay for the work the student undertakes</p>\n</li>\n<li><p>The placement must be done as a requirement of an education or training course</p>\n</li>\n<li><p>The placement must be one that is approved by the training institution</p>\n</li>\n</ul>\n<p>When all of the above criteria are satisfied, hosts are not required to pay students entitlements under the FW Act. However, a host can choose to pay the student at their own discretion if they wish.</p>\n<p>If the placement doesn't meet all of the above criteria, it won’t be a vocational placement under the FW Act.</p>\n</blockquote>\n<p>However, this doesn't automatically mean that the person is an employee and entitled to payment. The relationship may be a ...</p>\n<h2><a href=\"http://www.fairwork.gov.au/pay/unpaid-work/work-experience-and-internships\" rel=\"nofollow noreferrer\">Work Experience &amp; Internships</a></h2>\n<p>A work experience placement is an unpaid internship only if it meets a number of criteria; if it doesn't it is an employment relationship and the worker is required to be paid.</p>\n<p>The criteria are:</p>\n<blockquote>\n<ul>\n<li><p>the person must not be doing “productive” work</p>\n</li>\n<li><p>the main benefit of the arrangement should be to the person doing the placement, and</p>\n</li>\n<li><p>it must be clear that the person is receiving a meaningful learning experience, training or skill development.</p>\n</li>\n</ul>\n</blockquote>\n<h2><a href=\"http://www.fairwork.gov.au/about-us/policies-and-guides/fact-sheets/unpaid-work/unpaid-work#volunteering\" rel=\"nofollow noreferrer\">Volunteering</a></h2>\n<blockquote>\n<p>Key characteristics of a genuine volunteering arrangement include:</p>\n<ul>\n<li>the parties did not intend to create a legally binding employment relationship</li>\n<li>the volunteer is under no obligation to attend the workplace or perform work</li>\n<li>the volunteer doesn't expect to be paid for their work.</li>\n</ul>\n<p>The more formalised that volunteer work arrangements become (for instance if the volunteer is expected to work according to a regular roster) the greater the possibility that an employment relationship will be found. It is less likely that an employment relationship will be found to exist where the volunteer work is undertaken for selfless purposes or for furthering a particular belief in the not-for-profit sector.</p>\n</blockquote>\n<p>Large not-for-profits (e.g. Red Cross) consist of a mix of paid employees and volunteers; smaller not-for-profits (e.g. a local rugby league club) may consist entirely of volunteers. In this context it is important to note that if there is an expectation of payment (other then reimbursement of expenses) like a stipend for officials then the arrangement is an employment arrangement and all relevant employment law (e.g. minimum wage, workers compensation etc.) kicks in. As an aside a not-for-profit that has even a single employee loses its exemption under Work Health and Safety laws for <em>all</em> their workers; both employees and volunteers.</p>\n", "score": 3 } ]

[ "employment", "australia" ]

[ { "answer_id": 3722, "body": "<blockquote>\n <p><strong>Yes. It will hold up in court.</strong></p>\n \n <p><em>IMHO, there is no difference in the admissible portions of the two testimonies.</em></p>\n</blockquote>\n\n<h3>\"Few minutes\" vs. \"One hour\" is immaterial</h3>\n\n<p>The difference between \"a few minutes\" and \"one hour\" IMHO is <strong><em>immaterial</em></strong> given:</p>\n\n<ol>\n<li>the witness was unconscious and</li>\n<li>say, between 45 and 60 minutes would match both descriptions of the time interval.</li>\n</ol>\n\n<h3>What other people saw and heard is hearsay</h3>\n\n<p>Testimony about what other people saw and heard (with a few notable exceptions) is <strong><em><a href=\"https://en.wikipedia.org/wiki/Hearsay\" rel=\"nofollow\">hearsay</a></em></strong> and not allowed into evidence because it is generally <strong><em>unreliable</em></strong> and not subject to <strong><em>cross-examination</em></strong>. </p>\n\n<p>So after the rejection of the hearsay portions, there is no difference in the admissible portions of the two versions.</p>\n\n<h3>Qualification</h3>\n\n<p>By \"hold up in court,\" I mean it will be allowed as evidence. The weight and veracity of the testimony would be determined by the (judge or) jury after <a href=\"https://en.wikipedia.org/wiki/Cross-examination\" rel=\"nofollow\">cross-examination</a>.</p>\n", "score": 5 } ]

[ "evidence", "trial" ]

[ { "answer_id": 3718, "body": "<p>Yes. At international borders and international airports (because those are the equivalent of a border), US customs officers may do searches of people and belongings without a warrant and without any particular reason to think they'll find contraband. This includes the authority to do some level of disassembly of the car, if they then reassemble it. See <em>United States v. Flores-Montano</em>, <a href=\"https://www.law.cornell.edu/supct/html/02-1794.ZO.html\" rel=\"nofollow\">541 U.S. 149</a>. This is known as the \"border search exception.\" </p>\n\n<p>Moreover, police <em>normally</em> don't need warrants to search your car if it was mobile when they found it and if they have probable cause to believe they'll find contraband. This is known as the \"automobile exception\" or the \"motor vehicle exception.\" It was established in <em>Carroll v. US</em>, <a href=\"https://supreme.justia.com/cases/federal/us/267/132/case.html\" rel=\"nofollow\">267 U.S. 132</a>. Individual states may have stricter requirements on police searches, but the Fourth Amendment doesn't require police to get a warrant to search your car if, say, you drove it up to a checkpoint and they have probable cause. The difference at a border is that they don't need probable cause and the car never had to be mobile: they can search you on a hunch.</p>\n", "score": 4 }, { "answer_id": 3717, "body": "<blockquote>\n <p>Border searches [are] not subject to the warrant provisions of the\n Fourth Amendment and [are] \"<strong>reasonable</strong>\" within the meaning of that\n Amendment.</p>\n</blockquote>\n\n<p><a href=\"https://scholar.google.com/scholar_case?case=6107136132398268257\" rel=\"nofollow\">United States v. Ramsey, 431 US 606 (1977)</a></p>\n\n<p>The fourth amendment only denounces <strong>unreasonable</strong> searches.</p>\n\n<blockquote>\n <p>Border searches, then, from before the adoption of the Fourth\n Amendment, have been considered to be \"reasonable\" by the single fact\n that the person or item in question had entered into our country from\n outside. There has never been any additional requirement that the\n reasonableness of a border search depended on the existence of\n probable cause. This longstanding recognition that searches at our\n borders without probable cause and without a warrant are nonetheless\n \"reasonable\" has a history as old as the Fourth Amendment itself.</p>\n</blockquote>\n\n<p>The <em>Ramsey</em> case is full of good stuff, like this:</p>\n\n<blockquote>\n <p>\"But a port of entry is not a traveler's home. His right to be let\n alone neither prevents the search of his luggage nor the seizure of\n unprotected, but illegal, materials when his possession of them is\n discovered during such a search. Customs officials characteristically\n inspect luggage and their power to do so is not questioned in this\n case; it is an old practice and is intimately associated with\n excluding illegal articles from the country.\"</p>\n</blockquote>\n\n<p>quoting <em>United States v. Thirty-seven Photographs</em>, 402 U. S. 363, 376 (1971)</p>\n", "score": 3 } ]

[ "united-states", "search-and-seizure" ]

[ { "answer_id": 3743, "body": "<p>I'm acually not familiar with the situation in Belgium (I live in Germany), but what kind of trouble do you expect? Your landlord charging you for the damages? Once you move out, you have no interest in how the damages are handled.</p>\n\n<p>Your goal is ending the rental in a smooth way without losing energy or money in the process.</p>\n\n<p>Sounds like you relationship to your landlord isn't the best one, and there's always a possibility of complications when moving out. You should obviously document the state of the house (take photos of every room, and of details related to the storm), and know you obligations and rights.</p>\n\n<p>I have found it useful to be very kind and understanding to private landlords even when there are grave disputes - but this is just me. Even if you didn't cause any damage - The whole situation will be disappointing for your landlord too.</p>\n", "score": 1 } ]

[ "rental-property", "belgium" ]

[ { "answer_id": 3746, "body": "<blockquote>\n <p>Given that the landlord claims I \"criminally damaged\" their property but never provided a single shred of evidence to back this up what can I do to fight this with no help from my insurer?</p>\n</blockquote>\n\n<p>The only thing you can do is bring a claim in the County Court (assuming you are in England or Wales) against your landlord for recovery of your deposit. Since you agreed to use the deposit scheme's Alternative Dispute Resolution service, and the adjudicator found against you, the landlord will undoubtedly introduce his findings as evidence in his defence. You will have to adduce evidence to the contrary.</p>\n\n<p>The standard of proof in a civil case is on the balance of probabilities. Since you are bringing the claim, it will be for you to prove that it's more likely than not that you did not cause the damage yourself. Without seeing the evidence it's impossible to say what your chances of success might be. <strong>You should seek legal advice before beginning a claim.</strong></p>\n\n<blockquote>\n <p>Is there some way I can force this in to a criminal court...</p>\n</blockquote>\n\n<p>No, you can't. The only way this could become a criminal matter is if your landlord involves the police. Under the circumstances it seems unlikely that he would do this, and even less likely that the police would consider it anything other than a civil matter.</p>\n\n<blockquote>\n <p>...or in the event that this can't be forced that way perhaps force my insurer to step in and help?</p>\n</blockquote>\n\n<p>You could raise a formal complaint with your insurer and, if that doesn't give you the result you want, refer the matter to the <a href=\"http://www.financial-ombudsman.org.uk/\" rel=\"nofollow\">Financial Ombudsman</a>. You should read their procedures carefully before doing so.</p>\n", "score": 1 }, { "answer_id": 3733, "body": "<p><em>This answer is for U.S. law.</em></p>\n\n<ol>\n<li><p><strong>Avoid the criminal justice system.</strong> Don't force your case into criminal court. The only two possible outcomes are (a) <strong><em>conviction</em></strong> (b) <strong><em>acquittal</em></strong>. Conviction can be used against you in civil court. Acquittal can not be used to prove that you are not civilly liable as the standard of proof is higher for the prosecution in a criminal case (<strong><em>reasonable doubt</em></strong>) than it is for the plaintiff in a civil case (<strong><em>preponderance of evidence</em></strong>).</p></li>\n<li><p>Civilly, you would have no other recourse but to appeal the adjudication or sue them in landlord / tenant court or small claims court. Depending on the rules at play in your situation.</p></li>\n</ol>\n\n<p><strong>Disclaimer</strong>: I am not an attorney. I am not your attorney. This site is for educational purposes only. So do not follow my advice. Instead, hire a real attorney to advise you.</p>\n", "score": 0 } ]

[ "united-kingdom", "liability", "residential-lease" ]

[ { "answer_id": 3744, "body": "<p>Yes probably. If you are not the owner, why not contact your municipality?</p>\n\n<p><a href=\"http://www.choosecambridge.com/index.php/extensions/dept-public-works/building-safety-services/\" rel=\"nofollow\">http://www.choosecambridge.com/index.php/extensions/dept-public-works/building-safety-services/</a></p>\n", "score": 0 } ]

[ "negligence", "reference-request", "maryland" ]

[ { "answer_id": 3741, "body": "<p>Absolutely not.</p>\n\n<h3>Lack of authority</h3>\n\n<p>Law enforcement officers do not have the authority to grant immunity from prosecution. The decision to prosecute lies with the district attorney's office. Courts have sometimes held that a promise of immunity by a police officer can make resulting statements inadmissible, but that's it -- the state is not bound by the police officer's promise to not prosecute, except in <em>exceptional</em> cases. They can gather other evidence and prosecute anyway.</p>\n\n<h3>Prospective immunity</h3>\n\n<p>The contract claims to provide immunity against prosecution for <em>future</em> crimes. Contracts against public policy are void, and I'm having trouble thinking of something which is more against public policy than a license to commit crimes. <em>No one</em> can offer that immunity through contract. In a recent trial of a Boston mob boss, he attempted to claim that a federal prosecutor had given him immunity for any and all future crimes for some time period; the court did not accept that, because a license to break the law is not a valid contract.</p>\n\n<h3>Public authority</h3>\n\n<p>There is a situation in which certain officers can grant authority to break certain laws: to catch bigger criminals. However, for fairly obvious reasons, there are <em>extremely</em> strict rules on when this is valid, both on the government procedure side and the claiming-the-defense side. The defense can only work if the defendant <em>honestly</em> believed the government had authorized his actions, if the government actually <em>had</em> authorized them, or if he followed official government legal advice. In this case, the defendant has no idea if government officials have agreed to the terms; he would have approximately no chance of convincing anyone he legitimately thought that the government approved of his actions. They certainly wouldn't be actually properly authorized, and he hasn't sought advice from the government.</p>\n\n<h3>Other issues</h3>\n\n<p>Police aren't the only people on this site. An investigation tends to involve one or more non-government agents who provide testimony in court. No contract with a private party can stop them from testifying in a criminal trial; certain <em>relationships</em> mean testimony isn't allowed (e.g. a lawyer can't testify about dealings with their client without client permission), but regular users could be required to testify against the site operator (possibly on the basis of <em>actual</em> immunity).</p>\n\n<h3>Sources</h3>\n\n<p>Public authority stuff: <a href=\"http://www.justice.gov/usam/criminal-resource-manual-2055-public-authority-defense\" rel=\"noreferrer\">this Justice Department page</a>, plus some discussion in <a href=\"http://www.gpo.gov/fdsys/pkg/USCOURTS-mad-1_99-cr-10371/pdf/USCOURTS-mad-1_99-cr-10371-7.pdf\" rel=\"noreferrer\">this order</a>. </p>\n\n<p>Prospective immunity: <a href=\"http://www.gpo.gov/fdsys/pkg/USCOURTS-mad-1_99-cr-10371/pdf/USCOURTS-mad-1_99-cr-10371-7.pdf\" rel=\"noreferrer\">that same order</a>.</p>\n\n<p>Lack of authority: myriad readings.</p>\n", "score": 9 } ]

[ "united-states", "criminal-law", "contract-law" ]

[ { "answer_id": 3687, "body": "<p>A law enforcement officer not telling you they are a law enforcement officer is not <a href=\"https://en.wikipedia.org/wiki/Entrapment\">entrapment</a>; it's just undercover police work.</p>\n\n<p>Entrapment involves the law enforcement officer <em>inducing</em> the perpetrator to commit a crime that they otherwise would not.</p>\n\n<blockquote>\n <p>Will you be able to avoid future charges initiated with this contact because they were not honest?</p>\n</blockquote>\n\n<p>Of course not, there is <a href=\"http://burneylawfirm.com/blog/2010/06/18/myth-2-cops-cant-lie/\">no obligation on a law enforcement officer to be honest</a> if being dishonest is in accordance with their job requirements at the time.</p>\n\n<p>For example, it is perfectly legal for a male 45-year-old police officer to pretend to be a 14-year-old female on the web in an attempt to catch pedophiles. If the officer induced the perpetrator to request a meeting for the purposes of sex or to request child abuse material then that would be entrapment; if they simply play the role and respond without crossing that line that is OK.</p>\n", "score": 19 }, { "answer_id": 3704, "body": "<p>Dale M. has a pretty good, black letter law definition: \"Entrapment involves the law enforcement officer inducing the perpetrator to commit a crime that they otherwise would not.\" However, I think that from a practical standpoint I'd actually go even further: A defense on the basis of entrapment is highly unlikely to succeed <em>unless the law enforcement officer puts the idea to commit the crime in your head and then persuades you to do it</em>. Or, to use a couple of (only slightly facetious) hypotheticals:</p>\n\n<p><strong>Not Entrapment:</strong></p>\n\n<p>Undercover law enforcement officer says to you: \"Man, I could really use some cash. You know, we could rob a bank.\"</p>\n\n<p>You: \"Huh, well, I think ABC Bank has pretty lousy security guards. We could hit that one, if we wanted to. Yeah, that's a pretty good idea.\"</p>\n\n<p>Undercover: \"Hey, that sounds like a plan to me. I'm in if you are.\"</p>\n\n<p>You: \"Yeah, I think I am. Let's do it.\"</p>\n\n<p><strong>Possibly Entrapment:</strong></p>\n\n<p>Undercover: \"Man, we could both use some cash. Why don't we rob a bank or something?\"</p>\n\n<p>You: \"I don't know. That sounds kinda dangerous. Plus, if we get caught we could go to a federal prison for years. I don't think I'd be down with that.\"</p>\n\n<p>Undercover: \"Oh, come on. I know this sweet bank, ABC Bank. Terrible security. We'd be in and out in no time. No danger, nobody goes to prison. And you need cash as bad as I do, don't you?\"</p>\n\n<p>You: \"Well, yeah, I guess so.\"</p>\n\n<p>Undercover: \"Alright, so don't be chicken. Let's do it.\"</p>\n\n<p>You: \"Well...\"</p>\n\n<p>Undercover: \"Oh, come on. Easy money!!\"</p>\n\n<p>You: \"Okay, I guess.\"</p>\n\n<p>Let's put it this way: When I took criminal procedure in law school the modern cases we read all had the same theme: \"No, X doesn't constitute entrapment.\" To my knowledge, it's just a really, really hard defense to win on in modern American law. (Under federal law and in almost all states, as far as I'm aware.) </p>\n\n<p>Requisite disclaimer: I am not a criminal lawyer who has direct experience with making entrapment law defenses under the law of whatever jurisdiction you might be worried about potentially being charged under. If you want a definitive, reliable answer you need to talk to somebody who is. (You already figured that out, I'm sure, but just for the record...) Still, maybe this helps. </p>\n", "score": 12 }, { "answer_id": 3688, "body": "<p>Generally not.</p>\n\n<p>In the U.S. police can use lies and deception during investigations and interrogation of suspects. There are few limitations on this. Just search for \"<a href=\"http://www.google.com/search?q=police+can+lie\">police can lie</a>\".</p>\n\n<p>\"Entrapment\" is a defense whose viability is very case-specific. Again, <a href=\"http://www.google.com/search?q=entrapment+defense\">plenty of reading to be had on the subject</a>. <a href=\"http://www.nolo.com/legal-encyclopedia/entrapment-basics-33987.html\">In general</a>,</p>\n\n<blockquote>\n <p>States employ either an <em>objective</em> or a <em>subjective</em> standard to\n determine whether entrapment occurred.</p>\n \n <ul>\n <li><strong>Objective standard:</strong> Under an objective standard, when defendants offer entrapment evidence jurors\n decide whether a police officer's actions would have induced a\n normally law-abiding person to commit a crime.</li>\n <li><strong>Subjective standard:</strong>\n Entrapment defenses are less likely to succeed under a subjective\n standard. The reason is that under a subjective standard, when a\n defendant offers entrapment evidence, jurors decide whether the\n defendant's predisposition to commit the crime makes the defendant\n responsible for his or her actions, regardless of any government\n agent's inducements.</li>\n </ul>\n</blockquote>\n", "score": 9 }, { "answer_id": 3737, "body": "<p>It's worth taking a look at the past stings on the DNMs to get an idea of what is considered kosher. I keep a <a href=\"http://www.gwern.net/Black-market%20arrests\" rel=\"nofollow\">comprehensive list of DNM-related arrests</a>, and there are a number of stings using undercover agents &amp; flipped accounts, primarily relating to poisons and guns: the 'weaponsguy' case, several UK buyers of poison, Brian Korff, 'dark_mart', and some others.</p>\n\n<p>If you read the available complaints, you see that there is a consistent pattern of the UC letting the future arrestee initiate contact and initiate the deal - the seller, at least after flipping, is never strongly advertising themselves on the DNM forums and may be quite low key about even selling products. (While initially investigating 'dark_mart' to figure out if he was the FBI honeypot, which eventually I figured out he was, I wasn't even certain if he was selling in the relevant time period, he was so low key about it.) Once the buyer has initiated contact and expressed definite intentions about buying the gun or poison, I've noticed the seller is often quoted as reminding the buyer that the items are illegal or could be used to kill, which I assume is deliberate on the UC's part to help establish mens rea. If the buyer doesn't give up, then the UC will take the money and ship fake goods and usually the buyer will then receive a controlled-delivery. (At which point depending on how elaborate the sting is, the buyer might then be coerced into leaving positive feedback on the seller account, which I believe is part of how the weaponsguy sting racked up something like 18 arrests before I figured out who it was and Agora then shut them down.)</p>\n", "score": 1 } ]

[ "entrapment" ]

[ { "answer_id": 3725, "body": "<p>The answer lies in the contract itself. Double check your contract. Most of the times, these contracts are <strong><em>exclusive</em></strong>. Meaning, you do have to pay them. That, or they outright buy the debt from you and you don't own it anymore. That said, I will take your statement \"<em>Nothing to this effect was written in the collector's contract between us.</em>\" to mean the question of you collecting your own debt is not referenced at all by the contract. In that case...</p>\n\n<blockquote>\n <p><strong>If it's not in the contact, I don't think you have to pay them.</strong></p>\n</blockquote>\n\n<p>The principle of <strong><em>ei incumbit probatio qui dicit</em></strong> (<em>proof lies on him who asserts</em>) seems to apply here.</p>\n\n<p><em>Disclaimer: I'm not an attorney. Consult a real attorney before you do anything based on this answer.</em></p>\n", "score": 1 } ]

[ "contract-law" ]

[ { "answer_id": 1894, "body": "<h2>Agreement</h2>\n<p>You say:</p>\n<blockquote>\n<p>my landlord added a clause stating: &quot;All moving must be done in rear of driveway or pay $250 (near basement door)&quot;</p>\n</blockquote>\n<p>Was this addition made at the time you signed the lease or subsequently? This matters because the terms of a contract cannot be changed unilaterally, they must be agreed. If the change happened after the lease was signed then , unless you agreed to it, it has no effect whatsoever.</p>\n<p>Since that resolution is boring; I will assume that it was always there.</p>\n<h2>Enforcability</h2>\n<blockquote>\n<p>Is this actually enforceable, since I did park in a public space and not necessarily on his property?</p>\n</blockquote>\n<p>Yes, it is enforceable. People can agree in a contract to do (or not do) anything so long as that thing is not illegal - that is what a contract is; a legally enforceable agreement for two people to do certain things.</p>\n<p>You agreed &quot;All moving must be done in rear of driveway ... (near basement door)&quot; and you didn't do what you agreed to do. Therefore you broke a term of the contract. It doesn't matter that you don't know why he wanted you to do this or if it was reasonable or if it meant that you couldn't use your parent's truck - if these were issues for you they should have been raised before you agreed to do it. If the clause said &quot;When moving out you will wear a blue double breasted suit with a yellow and purple bow tie&quot; then that is what you must do.</p>\n<h2>Consequences</h2>\n<p>There are a number of options open to the wronged party when the other party breaches a term of a contract. The most relevant in these circumstances is to sue for damages.</p>\n<p>So how much are damages? Well, they are an amount to restore the wronged party to the position they would have been in if you hadn't broken the agreement.</p>\n<p>In situations where damages can be hard to calculate, contracts can make a provision for <a href=\"https://en.wikipedia.org/wiki/Liquidated_damages\" rel=\"nofollow noreferrer\">liquidated damages</a>; a pre-agreed amount of what the damage will be: in this case &quot;$250&quot;. However:</p>\n<blockquote>\n<p>In the United States, Section 2-718(1) of the Uniform Commercial Code provides that, in contracts for the sale of goods:</p>\n<p>Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss, and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.</p>\n<p>This largely mirrors the common law rule, which applies to other types of contracts under the law of most US states.</p>\n</blockquote>\n<p>On the face of it, it would appear that $250 may be &quot;unreasonably large&quot; given the nature of the breach where it appears that the landlord has actually suffered no damage.</p>\n", "score": 3 } ]

[ "california", "residential-lease", "landlord", "rent" ]

[ { "answer_id": 3727, "body": "<p>In <em>United States v. Microsoft</em>, Microsoft was accused of abusing its monopoly power by bundling. A prerequisite for this type of Sherman Act Section 2 claim is that the company must have monopoly power to abuse.</p>\n\n<p>Market share is one of the primary measures courts use to determine if a company has monopoly powers, and therefore can be punished for abusing them. At the time of the Microsoft case, its market share was over 80% of all PCs and over 95% of Intel PCs.</p>\n\n<p>In <em>United States v. Alcoa</em>, 148 F.2d 416, Learned Hand considered three possible market share numbers. He wrote that market share of more than 90% \"is enough to constitute a monopoly; it is doubtful whether sixty or sixty-four percent would be enough; and certainly thirty-three per cent is not.\"</p>\n\n<p>Worldwide, iOS has about 15% of the smartphone OS market. In the US, it's about 40%. According to Judge Hand, that's well below \"doubtful\" and awfully close to \"certainly not\" a monopoly.</p>\n\n<p>No monopoly equals no monopoly power equals no Sherman Act Section 2 violation.</p>\n", "score": 4 }, { "answer_id": 3730, "body": "<p>These competitors typically give away their applications for free, and sell paid memberships either through App Store purchases, or through their websites. The terms and conditions these competitors receive are the exact same ones that any other distributor of applications through the App Store gets. </p>\n\n<p>These competitors can instead sell paid memberships exclusively through their website, let Apple pay for the cost of distributing their free applications, and pay not a penny to Apple. If they chose not to do so, that's their problem. </p>\n", "score": 1 } ]

[ "antitrust-law" ]

[ { "answer_id": 3724, "body": "<p>The definition of munitions includes weapons but is not restricted solely to weapons. From dictionary.com:</p>\n\n<blockquote>\n <p>noun</p>\n \n <ol>\n <li><p>Usually, munitions. materials used in war, especially weapons and ammunition.</p></li>\n <li><p>material or equipment for carrying on any undertaking.\n verb (used with object)</p></li>\n <li><p>to provide with munitions.</p></li>\n </ol>\n</blockquote>\n\n<p>Just because cryptographic technology is listed as a munition doesn't mean it's a weapon. Further, the list of restricted munitions is related to the definition created within the International Traffic in Arms Regulations (ITAR).</p>\n\n<p><a href=\"http://www.ecfr.gov/cgi-bin/text-idx?SID=86008bdffd1fb2e79cc5df41a180750a&amp;node=22:1.0.1.13.58&amp;rgn=div5\" rel=\"nofollow\">Part 21 of ITAR</a>, the part that lists and defines munitions for purposes of the regulations, lists \"cryptographic devices\" under Category XIII - Materials and Miscellaneous Articles.</p>\n\n<p>Further, Texas defines weapons, for purposes of a \"Weapons Free School Zone\", in <a href=\"http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm\" rel=\"nofollow\">Texas Penal Code, Title 10, Chapter 46</a>. A \"Weapons Free School Zone\", by itself, doesn't prohibit weapons. It increases the penalty for committing an offense described in the above chapter.</p>\n\n<p>Note: it may still be illegal to take a weapon into a \"Weapons Free School Zone\" depending on other statutes - both federal and local. However, the definition of the \"Weapons Free School Zone\" does not, by itself, prohibit the weapon.)</p>\n\n<p>Summary:</p>\n\n<ul>\n<li>The definition of cryptographic equipment being a munition is one created as part of ITAR.</li>\n<li>A munition does not always mean weapon</li>\n<li>The definition of weapons for Texas \"Weapons Free School Zones\" is provided by Texas law, not federal law or regulation (ITAR)</li>\n<li>The application of the ITAR definition of munitions does not apply to the Texas \"Weapons Free School Zones\" law</li>\n</ul>\n", "score": 3 } ]

[ "united-states", "texas", "munition", "cryptography" ]

[ { "answer_id": 3695, "body": "<p>Generally speaking, you must be Licensed, or enter a written agreement, in order to use any logos from any company, especially any time the reference is referenced commercially. There are exceptions to the rule, and some are more lenient than others, but you should <em>always</em> check before showing any company's trademarks or brand icons.</p>\n<p>For example, Intel® allows third parties to refer to them by name, but displaying a logo requires a license or written permission, per their <a href=\"http://www.intel.com/content/www/us/en/trademarks/usage-guidelines.html\" rel=\"nofollow noreferrer\">Trademarks and Brands</a> guideline.</p>\n<p>You'll find that most companies are probably willing to overlook violations of Licensing as long as the product is placed in a favorable light, since's that's basically free advertising, but you'll want to take the extra few moments and simply call them and ask. A ten minute call could save you tons in legal fees and/or fines.</p>\n<p>From what I've seen, most companies will allow use of their company name for most commercial and non-commercial uses, but reserve some logos only for licensed partners, and others still only for themselves. They will also generally specify appearance guidelines, such as rendering ® and ™ only the first time on each page of printed material, as well as a specific guideline for sentences and phrases that the name may or may not appear in.</p>\n<p>They also usually specify that such phrases may not imply that the company is a partner or representative of the company, etc. You can see Intel's <a href=\"http://www.intel.com/content/www/us/en/trademarks/symbols-acknowledgments.html\" rel=\"nofollow noreferrer\">Trademark Symbols and Acknowledgements</a> page for an example of what you'd expect to be required to do. This page also gives some example sentences of acceptable and unacceptable phrases. For example:</p>\n<blockquote>\n<p>Correct Usage</p>\n<p>Look for PCs with Intel® Core™ processors.</p>\n<p>Incorrect Usage</p>\n<p>Look for PCs with Intel® Core.</p>\n</blockquote>\n<p>Mostly, they're concerned about making sure ™ is used correctly, as well as specifying that they make processors, not entire systems. You'll want to try and stay on the good side of their legal department, and represent fairly.</p>\n", "score": 3 }, { "answer_id": 3710, "body": "<p>The <a href=\"http://www.legislation.gov.uk/ukpga/1994/26/section/9\" rel=\"nofollow noreferrer\">Trade Marks Act 1994</a> provides</p>\n\n<blockquote>\n <ol start=\"9\">\n <li><p>Rights conferred by registered trade mark.</p>\n \n <p>(1) The proprietor of a registered trade mark has exclusive rights in the trade mark which are infringed by use of the trade mark in the United Kingdom without his consent.</p>\n \n <p>The acts amounting to infringement, if done without the consent of the proprietor, are specified in <a href=\"http://www.legislation.gov.uk/ukpga/1994/26/section/10\" rel=\"nofollow noreferrer\">section 10</a>. </p></li>\n </ol>\n</blockquote>\n\n<p>Section 10 provides </p>\n\n<blockquote>\n <p>&nbsp; (5) A person who applies a registered trade mark to material intended to be used for labelling or packaging goods, as a business paper, or for advertising goods or services, shall be treated as a party to any use of the material which infringes the registered trade mark if when he applied the mark he knew or had reason to believe that the application of the mark was not duly authorised by the proprietor or a licensee. </p>\n</blockquote>\n\n<p>It <em>could</em> be argued that you have applied the registered mark in your photograph which is intended to advertise goods or services. And you know or have reason to believe that the \"application\" of the mark was not duly authorised by the proprietor or a licensee, because you have not sought that authorisation.</p>\n\n<p>A trademark such as Intel's \"Intel Inside\" text swoosh will almost certainly be registered (\"Intel Inside\" is); even the company name may be (Intel's is). You will need to ascertain whether the shape and appearance of a particular product is a registered trademark. It may be.</p>\n\n<p>The protections the Act provides to the trade mark holder are to counter misrepresentation, either by counterfeiting or otherwise; and to counter derogatory use of their mark. They wouldn't want their mark to appear on goods which weren't theirs, nor in circumstances which show their product in a bad light.</p>\n\n<p>If your use of the mark is neutral, or even beneficial, to its proprietor, get your use authorised. There will be a few hoops to jump through, I expect, which may be as easy as a small caption. This saves you from arguing about what an \"application\" is, and could improve relations between you and the mark's proprietor. Perhaps they will offer you a better machine to photograph!</p>\n\n<p>In every case, it's better to ask; as <a href=\"https://law.stackexchange.com/a/3695/577\">Phyrfox has said in his answer</a>, it's free advertising for the proprietor of the mark and not much effort for you. There <em>may</em> be a licensing cost, but for the incidental appearance in a photograph [which is <a href=\"http://www.legislation.gov.uk/ukpga/1988/48/section/31\" rel=\"nofollow noreferrer\">explicitly legislated</a> not to infringe <em>copyright</em>], it's not likely to be enormous. If it <em>is</em> enormous, then it's highly likely that the proprietor jealously guards all appearances of the mark and would pursue you if you had used it without asking.</p>\n", "score": 1 } ]

[ "united-kingdom", "trademark" ]

[ { "answer_id": 3711, "body": "<p>There's no requirement that you see clients immediately, but why not wait a few weeks to file so January 1st is within the 90-day period?</p>\n", "score": 1 } ]

[ "business" ]

[ { "answer_id": 3703, "body": "<p>No. The Fifth Amendment provides limited protection that gives you some ability to not answer police questions about where you were at a specific point in time, if you can identity a piece of evidence, etc. It also allows you to avoid testifying in court if the testimony would also incriminate you. Clark Kent, if he were a reporter, could try and claim First Amendment protection to protect Kal'el's identity, but simply being accused of being somebody isn't a crime, and therefore wouldn't be subject to Fifth Amendment protections.</p>\n\n<p>Even under the First Amendment, a court could subpoena Clark Kent and force him to reveal the identity of Kal'el; failure to do so results in a contempt in court charge, including possible jail time, fines, or both. However, they couldn't generally make Clark Kent answer any questions about Kal'el's activities if they could possibly lead to a conviction of Clark Kent. For example, he could refuse to testify in court, or choose not to answer questions about where he was on the night of the 25th, if they could cause him to be self-incriminated.</p>\n", "score": 2 } ]

[ "united-states", "fifth-amendment" ]

[ { "answer_id": 3620, "body": "<p>OK, the prohibition on commercial use stems from either:</p>\n\n<ol>\n<li>The tort of <a href=\"https://en.wikipedia.org/wiki/Passing_off\" rel=\"nofollow\">passing off</a>; this is a private civil matter between the model and the publisher, or </li>\n<li>Breach of <a href=\"https://www.comlaw.gov.au/Details/C2011C00003/Html/Volume_3#param67\" rel=\"nofollow\">s18</a> of the Australian Consumer Law which involve misleading or deceptive conduct; this is a public civil matter with strict liability (i.e. intention or negligence is irrelevant) between the <a href=\"https://www.accc.gov.au/\" rel=\"nofollow\">ACCC</a> and the publisher with fines of up to $1,100,000 for a body corporate and $220,000 for an individual.</li>\n</ol>\n\n<p>In both cases the cause of action arises from the possible presumption by a person who views the photograph that the model in it is endorsing the goods or services that you are selling. The standard is: Would a reasonable person, viewing the photograph in context, come to the conclusion that the model is endorsing the goods or services (either because they really like it or they were paid to show they really liked it).</p>\n\n<p>Context is everything here.</p>\n\n<p>Some examples:</p>\n\n<ul>\n<li>If you a photo studio selling the actual photograph then there is no endorsement. If you are using the photograph to promote the studio there is.</li>\n<li>If you are showing a crowd scene (e.g. at a football match) there is no endorsement.</li>\n<li>If you are showing a building and the people are incidental there is no endorsement.</li>\n<li>If you are showing individuals or small groups in a way that promotes your goods or services there is endorsement.</li>\n</ul>\n\n<p>So, look at the photograph and the purpose you are using it for: could a reasonable person draw the conclusion that the people in it are endorsing your application?</p>\n", "score": 3 } ]

[ "copyright", "privacy", "software", "australia", "photography" ]

[ { "answer_id": 1709, "body": "<p>You are right that this is probably a private space; you are wrong in thinking it is <em>your</em> private space; it isn't. The space belongs to your employer and they can do whatever they want with their space unless there is a law that says they can't.</p>\n\n<p>As to what type of \"hidden surveillance\" is allowed that depends on your particular circumstances including what state and federal laws apply and the employment contract you are covered by.</p>\n\n<p>As a starting point, if this was happening in <strong>Australia</strong> then:</p>\n\n<ul>\n<li>If you gave permission, all would be legal</li>\n<li>If you did not give permission:\n\n<ul>\n<li>it would be illegal to record anything taking place across a public telecommunications system (i.e. phone tapping)</li>\n<li>it would be legal for anyone to make an audio recording (not phone tapping) of any conversation to which they were a party</li>\n<li>it would be legal to make a video recording without sound.</li>\n</ul></li>\n</ul>\n", "score": 3 }, { "answer_id": 3700, "body": "<p>In general, <strong><em>video</em></strong> recording is always allowed everywhere, unless one has a reasonable expectation of privacy. (I don't see how a place of employment would be much different in this regard.)</p>\n\n<p>For example, if you're having a lunch break in a break room, and anyone else could come in at any time, it would not be reasonable to have an expectation of privacy even when noone else is around (say, you popped in during a holiday). To avoid any possible confusion, many employers in the US may explicitly put signs like \"area subject to surveillance\".</p>\n\n<p>On the other hand, if you have a private office with a locking door and completely dark blinds or no windows, it would appear quite fitting to be able to use it to e.g. change after a gym, without video monitoring taking place in such private moments; it would appear to be improper for an employer to covertly record such areas without a clear and visible signs of such policy.</p>\n\n<hr>\n\n<p><strong><em>Audio</em></strong> is different and varies between state lines; very often the recording could only be made by persons that are a party to the conversation, unless everyone's permission to the recording has been obtained.</p>\n", "score": 1 } ]

[ "united-states", "employment", "privacy" ]

[ { "answer_id": 3690, "body": "<p>It would literally take nearly a treatise to answer this question and it would still be more theoretical rather than practical, as the answer to this question will inevitably be one largely born of a variety of licenses and contractual agreements and will differ with each production. What follows is only an overview of the typical course of how these converging rights get addressed and parsed out.</p>\n\n<p>In a stage play or a film, the producer(s) are the ones who fund or raise all the money without which the production would never come to fruition. They are the ones responsible for the underpinnings of all the manner of IP that goes into a production. As you (likely) know, the production will begin with a writing (the script), to which copyright originates with the author (unless the work is commissioned from the beginning). However, it is not always that a producer's vision begins with a pre-ordained screen or stageplay. It may begin with a book, or an article, or a short story, etcetera, that may then be transitioned into a piece that can be performed. This transition may or may not be created by the originating author; in the case of not, the built upon work would result in its own, new copyright.</p>\n\n<p>So, while the producer may not be the author, or even responsible for the vision behind of the original idea for the screenplay, without their imagination, planning, and money - a film or stage project is unlikely to ever be....well....produced. Throughout the entire process, it is typical that the producer (actually, the producers' lawyers) will negotiate multiple agreements that define how the IP rights will be dispersed from inception to a project's completion. A production includes creative material that would, if created independent of the whole, give rise to numerous copyrights vested in a variety of individuals. This would be very messy to say the least, and would be untenable when the goal is one cohesive work when the final version is complete. Practically speaking, if everyone retained an individual copyright in their creative contribution, it would be analogous to each thread claiming responsibility if not ownership for the shape of the garment. </p>\n\n<p>When a production agreement is drafted, it will typically result in the final rights vesting in one entity (although not always); this, usually being the producer/production company, and from that agreement varying rights of remuneration will flow to the various contributing entities.</p>\n\n<p>While the producer/production company will <em>typically</em> own all the combined copyrights to a given production as a whole when the production is finalized, there will likely be licenses or limited copyrights retained for the explicit use of the parts in separate endeavors (eg. soundtracks or the right to perform a score one composed). Since the input of the various creative contributors will be used in the production of the whole, each contributor is remunerated in a variety of ways. This can be anything from the commissioning of a work whereby a lump payment creates the ownership of the copyright, to payments for the work as it occurs, to royalties for each time a work is viewed or sold in reproduced form, to partial ownership rights in the completed work (much more rare) or any combination of these things. </p>\n\n<p>These agreements are foundational to any production, as without them, courts throughout the world have recognized, and alike failed to recognize, various copyrights in all manner of contribution. They (the agreements) arise out of the combined tenets of copyright and contract law, and are typically known as or referred to as chain of title documentation. This conglomeration of titles, licenses, contracts, copyrights, trademarks and so-on, are how this equation is resolved. It is different with each production, although there are formulaic ways of compiling these chains of titles</p>\n\n<p>(See: <em>From Script to Screen; What Role for Intellectual Property</em> at <a href=\"http://www.wipo.int/ip-outreach/en/ipday/2014/ip_and_film.html\" rel=\"nofollow\">http://www.wipo.int/ip-outreach/en/ipday/2014/ip_and_film.html</a> as well as \n<a href=\"http://www.wipo.int/edocs/pubdocs/en/copyright/950/wipo_pub_950.pdf\" rel=\"nofollow\">http://www.wipo.int/edocs/pubdocs/en/copyright/950/wipo_pub_950.pdf</a> <em>Securing Rights</em> for a comprehensive discussion of the varying types of agreements producers need to negotiate.)</p>\n\n<p>Just think, each production, at minimum, has: a script, a variety of actors (who may have copyrights in their performances, separate from the scripted words), directors whose vision lends to the flow of the work, cinematography, costume designer and creators, make-up artists (if unique enough, their designs can hold copyright-for example a certain henna tattoo design), stage/set designers and creators, musical scores that were composed and performed (rights flow to each), and myriad other creations that go into a production. </p>\n\n<p>These chain of title compilations are some of the most lengthy and complex commercial transactions arising under IP law, with so many moving parts to draft, negotiate, revise, renegotiate and finalize. This legal process alone can often take up the bulk of preproduction planning and expense.</p>\n", "score": 1 }, { "answer_id": 3689, "body": "<p>I will assume the only intellectual property rights you are talking about are copyright; other could apply (especially trade marks).</p>\n\n<p>Easy part first: the rights are unaffected with how the recording is dealt with.</p>\n\n<p>Here is a list of the <em>raw</em> copyright involved:</p>\n\n<ol>\n<li>The playwright holds copyright in the script</li>\n<li>The set designer holds copyright in the artistic content of their set</li>\n<li>The costume designer holds copyright in the costume designs</li>\n<li>The actors, producers, director etc. hold copyright in their performances which is a derivative work of the script, the sets and the costumes</li>\n<li>The filmmaker holds copyright in the recording as a derivative work of etc. etc.</li>\n<li>The venue has no copyright</li>\n<li>The financier has no copyright</li>\n</ol>\n\n<p>Now, this is the way it would be unless there were agreements between the parties to transfer their rights (i.e. a contract or other agreement).</p>\n", "score": 0 } ]

[ "united-kingdom", "intellectual-property", "england-and-wales" ]

[ { "answer_id": 3675, "body": "<p>You have no legal duty to inform callers they have the wrong number. Official business is not carried out by telephone, despite the fact that some collection agencies commonly use the tactic that there is service of process forthcoming, or some other legal jargon, to entice a callback. </p>\n\n<p>From a non-legal perspective, you may want to call and tell them to take you off their call list and that they have the wrong number; otherwise, they are likely to continue to bother you day and night.</p>\n\n<p>It appears to be either a scam or a collections attempt. </p>\n", "score": 14 }, { "answer_id": 3674, "body": "<p>No; it's a scam. All legal notices have to be served by mail or in person. Which is perhaps partly why <a href=\"https://law.stackexchange.com/questions/3636/is-it-illegal-to-throw-away-the-previous-tenants-mail\">it's illegal to throw away mail for someone else</a>.</p>\n\n<p>If you are so inclined you should <a href=\"https://consumercomplaints.fcc.gov/hc/en-us\" rel=\"nofollow noreferrer\">report them to the FCC</a>. If you answer the call you can tell them, \"Put me on your Do Not Call list.\" (Or you can try to get more details on who they are to report them to their state's Attorney General.) Or phone the callback number yourself and find out how much personal information they are trying to collect and under what pretext (and let us know!).</p>\n", "score": 9 } ]

[ "united-states" ]

[ { "answer_id": 3681, "body": "<p>This depends on the representations that were made at the time of forming the contract, the prior knowledge of possible interference, and the nature of the interference by the third party.</p>\n\n<p><em>If</em> the interference, or likely interference was known:</p>\n\n<ul>\n<li>To you, the vendor, and you made representations that your service would work despite this, <strong>or</strong> you did not disclose this, <em>then</em> you may have sold a product that was not fit for purpose and the client may be entitled to statutory relief, or may not be required to fulfil their contractual obligations</li>\n<li>To you and the client, and you notified them that this may prevent use of your service, and despite your advice they decided to enter into the contract, <em>then</em> the client is unlikely to be entitled to relief and must fulfil their contractual obligations</li>\n<li>To only the client, <em>then</em> they are unlikely to be entitled to relief and must fulfil their contractual obligations</li>\n</ul>\n\n<p><em>If</em> the interference is of a nature such that the third party was aware of your contractual relationship, caused such an interference resulting in a breach of contract, and was not entitled to create such a breach, <em>then</em> the third party may have committed the <em>tort of economic interference</em> (generally known as <em>tortious interference</em>) and either you or your client may be entitled to seek damages, if any.</p>\n", "score": 3 }, { "answer_id": 3683, "body": "<p>Prima facie, you have fulfilled their side of the obligation, they must fulfil theirs and pay the bill.</p>\n\n<p>@jimsug has given the reasons why they may not have this obligation, however, those are all subject to proof.</p>\n\n<p>Take out a summons, state why they owe you the money and serve them. If they do have a defence or counter-claim then this forces them to put it on the table. More likely, they don't and will pay the bill.</p>\n", "score": 2 } ]

[ "business" ]

[ { "answer_id": 3547, "body": "<p>From your question(s), as well as your various comments, I understand you to have two general inquiries:</p>\n\n<p><strong>1. Is there any infringement of copyright laws if you use things like the titles of books, games, apps, names, address (and any other number of things) which you will then put into datasets that will be licensed for proprietary commercial purposes?</strong> </p>\n\n<p>You may freely put titles, names of people, places or things into datasets without fear that you are infringing on copyright or any other laws. That is clear.</p>\n\n<p>Copyright law does not protect names, titles, short phrases or expressions. Even if a name, title, or short phrase is novel or distinctive it cannot be protected by copyright. So, there is no point in discussing the doctrine of fair use in this context, because <em>Fair Use</em> is a defense, or a legal safe harbor that is merely an exception to copyright infringement allowing people to use a copyrighted works under specific circumstances. </p>\n\n<p>As I understand your intended endeavor, you will not be infringing on any copyrights to the extent that you are merely using factual data, like names of copyrighted things for the purpose of creating a dataset or an application to help access it. This is why I say you need not concern yourself with the test for Fair Use with regard to this issue.</p>\n\n<p>The Copyright Office states clearly, despite what people may think, that there are no exclusive rights in brief combinations of words such as:</p>\n\n<p>• Names of products or services\n• Names of businesses, organizations, or groups (including the names of performing groups)\n• Pseudonyms of individuals (including pen or stage names)\n• Titles of works\n• Catchwords, catchphrases, mottoes, slogans, or short advertising expressions\n• Listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by an explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable. </p>\n\n<p>Hence, these things are not registrable under a copyright.</p>\n\n<p>While something may be potentially attached to or included in copyrighted material, is not in and of itself subject to the protections of these laws. If <em>it</em> (whatever it is) cannot be registered for a copyright, it is not copyrightable. Because copyright registration/notices have been optional since 1989, when the U.S. attached itself to the Berne Convention, whereby copyright protection is automatic as soon as a work is “fixed in a tangible medium of expression” (written down, recorded, painted, etc.) it’s protected. No notice is required. Registration only becomes required for litigation or enforcement purposes. But this is really extraneous to your inquiry anyway, as far as it applies to the actual data. When you get into copying whole databases for your purpose, that analysis is different. </p>\n\n<p><strong>2. You want to \"scrub\" the internet for information that you intend to put into your proprietary datasets and use for commercial purposes, some or most of which is already in a database or some organized form, and you want to know if there is some sort of copyright or duty owned to the person who originally databased the materials?</strong></p>\n\n<p>Since ideas, procedures, principles, discoveries, and devices are all specifically excluded from copyright protection, if you want to compile this type of information from the internet for the purpose of creating datasets, or searchable databases, this is permissible. </p>\n\n<p>That said, <em>there are</em> protections for existing databases under copyright law, provided under the concept of a \"compilation copyright\". <em>A compilation copyright protects the collection and creative assembling of data or other materials</em>. Compilation copyrights protect the collection and assembling of data or other materials, such that databases are generally protected by copyright law as compilations.</p>\n\n<p>Under the Copyright Act, a compilation is defined as a \"collection and assembling of preexisting materials or of data that are selected in such a way that the resulting work as a whole constitutes an original work of authorship.\" 17. U.S.C. § 101. </p>\n\n<p>The preexisting materials or data may be protected by copyright since the selections of materials and the form they take in an existing database may be original enough to be subject to a copyright. However, the data itself is merely information and is not protectable.</p>\n\n<p>The Copyright Act specifically states that the copyright in a compilation extends only to the compilation itself, and not to the underlying materials or data. 17 U.S.C. § 103(b). As a result, \"compilation copyrights\" can't be used to place protection upon those things that are otherwise not protectable.</p>\n\n<p>In the case of <em>Feist Publications, Inc. v. Rural Telephone Service Company, Inc.</em>, the U.S. Supreme Court ruled that a compilation work such as a database must contain a minimum level of creativity in order to be protectable under the Copyright Act. <em>Feist</em> makes clear that even a copyright protected database does not hold the right to prevent an individual from extracting factual data from the database (so long as you're not copying the entire database as a whole). If you take an already compiled and copyrighted dataset in its entirety, you must obtain a license for its use. However, if you are merely amassing great amounts of data to then put into your own dataset, that you are free to do.</p>\n\n<p>The big issue will be (and you seem to realize this) <em>where</em> you will amass this data from. Some websites have specific licenses in place that say you cannot use or rework their content. However, many times these websites simply throw these license requirements out there for users to see, despite the fact that they may not be (and some would argue) are <em>not</em> enforceable.</p>\n\n<p>The courts have heard arguments that \"contracts\" (the end-user licenses) that protect databases and information on websites is beyond the protection available through copyright law should be \"preempted\" by the Copyright Act itself.</p>\n\n<p>The preemption argument goes like this: Federal law controlling something that is subject to interstate commerce or use, should be controlled by the federal laws. So,since the federal government has enacted the Copyright Act to govern any protections to any original works, states should be (arguably are) prohibited from having contradictory laws. </p>\n\n<p>Because of the ability of a federal statute to preempt state law, and the fact that the Copyright Act at 17 U.S.C. § 301 sets forth specific preemptions, no state may create rights that are equivalent to any of the exclusive rights provided under the Act.</p>\n\n<p>It is this concept of preemption that prevents copyright protection from varying depending upon the state where a work of authorship is created. Arguably, the same is true for the internet, and supposed contractual relationship created through licenses that dictates how non-copyrightable material may be used.</p>\n\n<p>In the case of <em>ProCD, Incorporated v. Matthew Zeidenberg and Silken Mountain Web Services, Inc</em>. the court examined whether an end-user of a CD ROM phone database was subject to the license, when they extracted a large portion of the database and made it available over the Internet.</p>\n\n<p>The database was almost the same as the type of data in the Feist case-The lower court rejected all copyright claims and found that the shrinkwrap license that controlled the end user's right to use the data was both unenforceable (as a shrink wrap license) and preempted by the Copyright Act. As a result, there was no relief available to the creator of the phone database and the end-user was free to extract the data and use it as he saw fit. However, on appeal this decision was reversed (7th circuit).</p>\n\n<p>The appellate court did acknowledge that the database (on the CD) was not original enough to be protected by copyright (finding no copyright infringement by the end-user); However, they did find the end-user was breach of contract, since the shrink-wrap license prohibited the end-user's conduct.</p>\n\n<p>What this tells us is that these licenses (on websites) may or may not be enforceable. While the 7th Circuit found a contract right pursuant to the license, despite the preemption argument, another appellate court that is more liberal may find otherwise. Also, this was a disk, not the internet, which is the \"wild west\" of information, largely unregulated and unlitigated as it pertains to the legality and enforceability of (some) regulations that do exist. License agreements for site use on the internet are everywhere. If you take a database from some site that has a license saying you cannot take their work and add to it, or whatever, and you do add it to other databases that are not licensed and then make your own dataset - chances are you are NOT going to be infringing on anyone's copyright. That said, you may be in breach of contract (the license) if they find out about it, and sue you (using it doesn't put you in breach; only getting sued and having a court determine you're in breach puts you in breach. It may be a distinction worth contemplation, but that is up to you). The <em>safest</em>, bet would be to get a license from them to rework the materials. If the material is generic enough, and will be changed enough, that you are creating your own new (copyrightable) work - I'm not sure how they would know you \"scrubbed the data in contravention of their license agreement ( I have NO CLUE if there is coding or metadata attached to it such that it's identifiable in that way. I have not tech background and do not endorse taking what's not yours). But if they can and do know, they could cause problems for you.</p>\n\n<p>Lastly, I will just say that the internet is littered with sites that claim copyrights, or impose unenforceable licenses on material that is ripe for public use. Just because it says it's theirs does not make it so. The inverse is also true. Just because a site does not claim copyright to something, does not mean it is in the public domain.</p>\n\n<p>I would recommend either sticking to public domain/use sites for your scrubbing endeavors, or seeking permissions from the sites who impose licensing requirements. Short of that, I would recommend (as I already have) seeking an formal legal opinion to say that you are not imposing on anyone's copyrights (this could only be done once you showed an attorney every place you took material from, as well as what the material is), and that the licenses from sites with generalized information that may try to limit use, are unenforceable. I would do this before you invest a lot of time or money into something that is largely based on the accumulation of other peoples work product.</p>\n\n<p>I wish there was an answer certain, but there just isn't without seeing everything in the end.</p>\n", "score": 11 }, { "answer_id": 2015, "body": "<p>It's actually impossible to answer w/out knowing where you're intending to do this. In the US, collection criteria &amp; presentation <em>might</em> make it copyrightable. In some other places (e.g., the UK &amp; Europe) databases are protected by <a href=\"http://en.wikipedia.org/wiki/Sui_generis_database_right\" rel=\"nofollow\"><em>sui generis</em> database rights</a>.</p>\n\n<p>You'd want to track when &amp; where you got each bit of data, and what licenses it was provided under, to reduce the chances of a protracted lawsuit. (<em>When</em> is important, as websites may change their license terms, so you'll want to grab a snapshot of the license terms on each day that you scraped them.)</p>\n\n<p>Also note that some \"facts\" are written as sentences or presented as graphs &ndash; in the US, those are copyrightable, as are photographs establishing facts. Take the case of TV listings: The time a show is scheduled on a given channel on is a fact and not copyrightable in the US, but the summary of the episode is a creative work, and copyrightable. Creative filtering (selection) or presentation may be copyrightable; that issue was left open in <a href=\"http://en.wikipedia.org/wiki/Feist_Publications,_Inc.,_v._Rural_Telephone_Service_Co.\" rel=\"nofollow\">Feist v. Rural</a>.</p>\n", "score": 6 }, { "answer_id": 3476, "body": "<h1>Short Answer</h1>\n\n<blockquote>\n <p>You don't need to license data to your users to generate revenue if you adopt any of the following business models.</p>\n \n <ul>\n <li><p><strong>Software as a Service (SaaS)</strong></p></li>\n <li><p><strong>Pay-per-use Web Application</strong></p></li>\n <li><p><strong>Data API</strong></p></li>\n </ul>\n</blockquote>\n\n<h2>Explanation</h2>\n\n<p>It sounds like you're describing either one of the above business models in your question. In all cases, the value of your reorganized datasets will be in the way your app or service allows the user to interact with it to do useful things. So I think you might not really want or need to license the datasets at all — just charge for the service and the use of your software, app or API.</p>\n\n<h3>Implementing a Data API Model</h3>\n\n<p>If you prefer to just focus on the data and let your users build their own apps, then building a <strong>data API</strong> might be your best option. With this product, you would allow your users send <strong>RESTful</strong> HTTP requests to your data service.</p>\n\n<p>The service would respond (most likely) with a <strong>JSON-P</strong> callback to supply the data. You would need to thoroughly document all the methods available from your API along with example calls in various common languages. (Start with <strong>cURL</strong> as that is relatively universal.)</p>\n\n<p>In this model, as with the others, you would issue authorization credentials to all your users (this is what they would pay for). Then with each data call, they would supply these credentials which would in turn be verified server-side before sending the response.</p>\n\n<p><hr>\n<strong><em>Disclaimer</strong>: I am not an attorney so don't follow my advice. Consult a real attorney as that is the only way to make sure you stay out of trouble.</em></p>\n", "score": 1 } ]

[ "copyright" ]

[ { "answer_id": 3679, "body": "<p>The general rule is that equity is the most expensive way (in the long run) to finance your startup. However, debt carries more risk. Only you can decide, given the nature of your business and all the other factors at play, whether it's best to use debt or equity financing.</p>\n\n<p>That's the business side. The legal side comes down to this...</p>\n\n<blockquote>\n <p><strong>Whatever you decide, make sure it's clear and in writing.</strong></p>\n</blockquote>\n\n<p>Personal experience speaking here. Startups fail more often than they succeed, so you will want to have the terms drafted by a lawyer after you all agree how you want to handle the capital. Even if you are successful, it's important for everyone to agree on the terms formally and in writing because internal shareholder disputes are a common way companies fail also. Especially when you encounter the inevitable \"speed bumps\" along the way.</p>\n", "score": 2 } ]

[ "business", "ownership", "legal-terms" ]

[ { "answer_id": 2088, "body": "<p>Yes, they are saying that COPPA applies to you if any of the children are in the US.</p>\n\n<p><a href=\"https://www.law.cornell.edu/uscode/text/15/6501\" rel=\"nofollow\">https://www.law.cornell.edu/uscode/text/15/6501</a></p>\n\n<blockquote>\n <p>The term “operator”... means any person who operates a website located\n on the Internet... who collects or maintains personal information from\n or about the users of or visitors to such website... where such\n website or online service is operated for commercial purposes...\n involving commerce... among the several States or with 1 or more\n foreign nations....</p>\n</blockquote>\n\n<p>Compliance with these sorts of things is interesting and when you ask if you have to comply with all similar laws I wonder who enforces the \"have to.\" I can imagine, for example, if you are a franchisee and the franchisor has boilerplate language requiring you to comply with all local laws. Or in your case perhaps a software distributor has requirements. In those cases, sure, you need to comply with these types of laws in every country. But as for the US, what are they going to do to you?</p>\n\n<p>EDIT to address comment: This is all just my opinion: there is no private right of action under COPPA so it is not an individual who would sue you but the state; a state's attorney. So you would have to get on their radar and they would need to decide to come after you. Then they have to find you, in Brazil, and file the lawsuit which they can do in their own jurisdiction. Then they have to serve you, in Brazil. You can go to the US and defend yourself or take the default judgment. If you lose you can see the penalties and the factors on that FAQ page. Best advice is to do your best and if threatened fix the holes. Oh yeah - some states have their own private right of action laws so you could be sued under a state law.</p>\n", "score": 2 } ]

[ "internet", "coppa" ]

[ { "answer_id": 1665, "body": "<p>COPPA is filled with references to \"websites directed towards children or with actual knowledge the data was collected from a child.\" Actual knowledge means you actually did know; it's OK if you honestly and unreasonably thought the child was over 13, as that means you don't have actual knowledge. To quote the <a href=\"https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions\" rel=\"nofollow\">FTC</a> (emphasis added):</p>\n\n<blockquote>\n <p>COPPA covers operators of general audience websites or online services only where such operators have actual knowledge that a child under age 13 is the person providing personal information. The Rule does not require operators to ask the age of visitors. However, an operator of a general audience site or service that chooses to screen its users for age in a neutral fashion may rely on the age information its users enter, even if that age information is not accurate. In some circumstances, this may mean that children are able to register on a site or service in violation of the operator’s Terms of Service. <strong>If, however, the operator later determines that a particular user is a child under age 13, COPPA’s notice and parental consent requirements will be triggered.</strong></p>\n</blockquote>\n", "score": 4 } ]

[ "internet", "liability", "terms-of-service", "eula", "coppa" ]

[ { "answer_id": 2269, "body": "<blockquote>\n <p>So I can block children under 13, but I can't tell them that?</p>\n</blockquote>\n\n<p>You can tell them after they fail, you cannot tell them on the asking screen.</p>\n\n<blockquote>\n <p>Then what is the correct way to block children under 13 to access my\n website and still comply with COPPA?</p>\n</blockquote>\n\n<p>I agree with you that it is odd that they recommend using a cookie but they do!* So you have a entry page with a simple question, \"Please indicate your age\" and then block based on the response. That's it.</p>\n\n<p>Note that the rule is <strong>neutral</strong>. This means that you do not need to disguise your purpose or try to trick people into entering their correct age.</p>\n\n<p>*I think that what is happening here is that any parent who wants to complain to their legislator can be met with the response, \"If your kid is so sneaky that they are using different computers to lie about their age what do you want us to do about it?\" The fact is, this scheme keeps innocent kids from seeing stuff they shouldn't; the sneaky ones are going to find a way.</p>\n", "score": 5 }, { "answer_id": 2289, "body": "<p>Although the implication is that you have to block all children under 13, in reality you are likely to be able to fairly easily defend yourself if you have undertaken \"Reasonable\" actions to comply with the law. And, in fact, you are hugely unlikely to find yourself even needing to defend yourself</p>\n\n<p>Make all reasonable attempts to block 13 year olds, sure, but there's very little you can do if someone lies or deliberately works around your techniques. There is no sure-fire way to guarantee you can block under-13s: you can't track their movements if they do something like travel to a friends house, and even requiring credit card information isn't foolproof (what 13 year old do you know of that can't get hold of their parents credit card if they really wanted to?). </p>\n\n<p>You are looking at sensible techniques to block a normal user, not to catch the one who can bypass your security.</p>\n\n<p>What are your peers doing? What are larger websites than yours doing in the same circumstance? If you are doing at least as much, you're probably in the clear.</p>\n\n<p>You could decide whether you wish to increase the security beyond the minimum level suggested by COPPA, for example applying IP bans, but they aren't foolproof either... in truth, there's no way to truly ban someone from a website.</p>\n\n<p><em>Note: I am not a lawyer, nor do I play one on TV. You should probably consult one, if in any doubt.</em>.</p>\n", "score": 3 } ]

[ "internet", "coppa" ]

[ { "answer_id": 3661, "body": "<p>Legally you face no problem. The section 66A of the Indian IT Act, which used to be previously misused for penalizing anyone who dared insult a politician, has been struck down as unconstitutional by the Supreme Court of India.</p>\n\n<p>But the police could still detain you for 48 hours (legally) without giving any grounds; they are required to do that, but the police are seldom held accountable. </p>\n\n<p>The supporters of the said politician can vandalize your home and office without fear of legal action. </p>\n\n<p><strong>I am not a lawyer. Whatever is posted above is my opinion and data that I believe to be true to the best of my knowledge and resources available to me. Please contact a lawyer for professional advice.</strong></p>\n", "score": 3 } ]

[ "india", "indian-penal-code" ]

[ { "answer_id": 3653, "body": "<h1>Short Answer</h1>\n\n<blockquote>\n <p><strong>You need to go state by state.</strong></p>\n</blockquote>\n\n<h3>States regulate notaries and apostilles</h3>\n\n<p>In the U.S., notaries are empowered and regulated at the state level. (<em>I don't believe there is a such thing as a federal notary.</em>) So your verification process must go state-by-state.</p>\n\n<h3>Look for the Secretary of State web site</h3>\n\n<p>With that said, each state has the equivalent of an Office of Secretary of State. You will need to go to their web site (or the Department of Licensing) to learn how to perform your verification task. Each state will have it's own database and procedure for conducting the verification.</p>\n\n<h3>Google is your friend</h3>\n\n<p>I think the easiest way to find these state sites is to use Google. Use the following search term:\n<code>verify notary in X</code> where you replace <code>X</code> with the name of the state. Make sure you begin by going to the state web site (not a third party) since the state website is \"official.\" Look for the <strong>.gov</strong> domain on the URL to make sure it's a state web site.</p>\n\n<h3>Example for California</h3>\n\n<p>So, for example, when I Goggled: <code>verify notary in california</code> <a href=\"http://www.sos.ca.gov/notary/notary-public-listing/\" rel=\"nofollow\">this web site popped up</a>. So that is where I would begin the process for California. Then repeat.</p>\n", "score": 2 }, { "answer_id": 3660, "body": "<p><strong>Apostille</strong></p>\n\n<p>According to Article 6 of <a href=\"http://www.hcch.net/index_en.php?act=conventions.text&amp;cid=41\" rel=\"nofollow\">Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents</a> there is a <a href=\"http://www.hcch.net/index_en.php?act=conventions.authorities&amp;cid=41\" rel=\"nofollow\">official and updated list of authorities</a> who are competent to issue the certificate. On the official website <code>hcch.net</code> you can find and filter <code>Authorities</code> per state or per convention, filtered per Convention of 5 October 1961 will list all authorities sorted by country worldwide.</p>\n\n<p>According to Article 7 of <a href=\"http://www.hcch.net/index_en.php?act=conventions.text&amp;cid=41\" rel=\"nofollow\">Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents</a>:</p>\n\n<blockquote>\n <p>Each of the authorities designated in accordance with Article 6 shall keep a register or card index in which it shall record the certificates issued, specifying the number and date of the certificate, the name of the person signing the public document and the capacity in which he has acted, or in the case of unsigned documents, the name of the authority which has affixed the seal or stamp. At the request of any interested person, the authority which has issued the certificate shall verify whether the particulars in the certificate correspond with those in the register or card index.</p>\n</blockquote>\n\n<p>It does not say anything about rules, fees, if they have to provide this service free over phone, it depends, some countries have only personal or phone verification, some allow e-mails, some have e-Registry and some issue even e-Apostilles signed digitally.</p>\n\n<p>When trying to find an online verification form, it helps to look for e-Register, that is what it is called in most of US states that support it, UK, Ireland, New Zealand ... and many others, according to question 12 in official HCCH's guide <a href=\"http://www.hcch.net/upload/abc12e.pdf\" rel=\"nofollow\">ABCs of Apostilles</a>:</p>\n\n<blockquote>\n <p>Many Competent Authorities have started to operate online electronic Registers (e-Registers). These e-Registers allow for easy online queries to verify the origin of an Apostille without Competent Authorities having to answer these queries individually by phone, e-mail or otherwise. If a Competent Authority operates such an e-Register, the web address of the e-register is mentioned on the Apostille.</p>\n</blockquote>\n\n<p><strong>Notary</strong> </p>\n\n<p>My first encounter with notary fraud inspired me to ask this question. My research is in progress and I found out, that this part of question is too broad to be answered here. As it is easy to find notary on the internet, and his name and commission number, I am failing to find guides and regulations on their duty to cooperate when I want to confirm his records with document I have in hand. It varies from state to state in US, country to country worldwide. Usually there is no reference to fees for record verification, deadlines, anything useful in process of verification. There are many documents like Prohibited Acts, Duties of a Notary Public, Notary Public Handbook, but I do not find them useful as a source for somebody who wants to verify if notary is a fraud. I found on several .gov websites with some US states, that notary public is not obliged to keep records. To somebody paranoid and with trust issues, choice is to either ask your international clients for Apostille or to use notary you trust, that is not always possible. </p>\n", "score": 2 } ]

[ "business", "fees" ]

[ { "answer_id": 3650, "body": "<p>The terms are known - GPL version 3 or later. Just write it a bit more complicated: \"I hereby sell you the software X. You are allowed to use the software under the terms of the GPL license version 3. I have the right to change the license terms, at any time and repeatedly, to the terms of a later version of the GPL license\". </p>\n\n<p>So everything is absolutely known and fine. </p>\n", "score": 2 } ]

[ "licensing", "european-union" ]

[ { "answer_id": 3654, "body": "<p>What that church is doing is legal. There is a statutory exception in the Fair Housing Act for religious and non-profit organizations.</p>\n<h3>42 U.S. Code § 3607 - Religious organization or private club exemption</h3>\n<blockquote>\n<p>Nothing in this subchapter shall prohibit a religious organization,\nassociation, or society, or any nonprofit institution or organization\noperated, supervised or controlled by or in conjunction with a\nreligious organization, association, or society, from limiting the\nsale, rental or occupancy of dwellings which it owns or operates for\nother than a commercial purpose to persons of the same religion, or\nfrom giving preference to such persons, unless membership in such\nreligion is restricted on account of race, color, or national origin.\nNor shall anything in this subchapter prohibit a private club not in\nfact open to the public, which as an incident to its primary purpose\nor purposes provides lodgings which it owns or operates for other than\na commercial purpose, from limiting the rental or occupancy of such\nlodgings to its members or from giving preference to its members.</p>\n</blockquote>\n", "score": 5 }, { "answer_id": 3627, "body": "<p>Generally, an individual cannot be discriminated against on the basis of religion. However, churches have a large number of exemptions to this for some quite sensible reasons: for example, it is inconsistent with the objectives of the Catholic Church for their Cardinals to be atheists.</p>\n\n<p>It is not clear that these exemptions would apply but you can bet that the lawyers for the LDS would make great efforts to convince a court that they do.</p>\n\n<p>Notwithstanding, they could probably evict you without triggering discrimination - in your position you would need to <em>scrupulously</em> comply with <em>every</em> provision of your lease and the rules. If you step out of line, you're gone and there is no question of discrimination.</p>\n\n<p>Remember, <em>you</em> have to <em>prove</em> on the balance of probabilities that they got rid of you for a prohibited reason. The legal system costs money and the LDS have more of that than you do. Everyone is equal before the law in the same way that everyone is equal on the sporting field - if you are good at the law or sports respectively or can afford to employ people who are you will win far more often then those that aren't.</p>\n\n<p>Oh, and please don't complain that this isn't <strong>fair</strong>. Life isn't fair; get used to it.</p>\n", "score": 2 } ]

[ "fair-housing-acts", "discrimination" ]

[ { "answer_id": 3647, "body": "<p>Qualified immunity is a doctrine that protects government officials (including police) from civil liability in <a href=\"https://www.law.cornell.edu/uscode/text/42/1983\" rel=\"nofollow\">§1983</a> suits. <a href=\"https://scholar.google.com/scholar_case?case=12881500287411882090\" rel=\"nofollow\">Anderson v. Creighton</a> describes the legal standard - objective legal reasonableness.</p>\n\n<p>There is no condition that would strip an officer of civil immunity and open him up to criminal liability because the criminal charges could attach regardless of the disposition of civil liability. I say \"could\" because who is going to charge and prosecute the crime?</p>\n\n<p>The CATO Institute <a href=\"http://www.policemisconduct.net/\" rel=\"nofollow\">tracks police misconduct</a>. Not all misconduct is criminal, but reading through their site will give you an idea of why it is difficult to determine when and why cops are charged with crimes.</p>\n\n<blockquote>\n <p>Only a small fraction of the 17,000 law enforcement agencies actually\n track their own misconduct in a semi-public manner, and even when they\n do, the data they provide is generic and does not specify what\n misconduct occurred, who did it, and what the end result was.</p>\n</blockquote>\n", "score": 4 } ]

[ "police", "theft", "property" ]

[ { "answer_id": 3639, "body": "<p>As far as the entity of a police department they can fall under a consent decree as a result of incidents within the department that the federal government has filed a lawsuit against. </p>\n\n<p>Decrees by consent are more binding than those issued in invitum, or against an unwilling party, which are subject to modification by the same court, and reversal by higher courts. The decree issued by consent cannot be modified, except by consent. If the decree was obtained by means of fraud or given by mistake it may be set aside by a court. Errors of law or of inferences from the facts may invalidate it completely.</p>\n\n<p>Typically a consent decree dispenses with the necessity of having proof in court, since by definition the defendant agrees to the order. Thus the use of a consent decree is not any sort of sentence or admission of guilt. Likewise the consent decree prevents a finding of facts, so the decree cannot be pleaded as res adjudicata.</p>\n", "score": 2 }, { "answer_id": 3618, "body": "<p>I think in your hypothetical, the only individual with liability is the first police officer. Unless there was a conspiracy.</p>\n\n<p>I think the operative legal principle is <strong><em>ei incumbit probatio qui dicit</em></strong> (<em>Proof lies on him who asserts.</em>) A/k/a \"Innocent until proven guilty.\"</p>\n", "score": 0 } ]

[ "criminal-law", "police", "legal-concepts" ]

[ { "answer_id": 3633, "body": "<p>Actions in common law tort exist for both scenarios. Potential torts are <em>negligence</em>, <em>trespass to chattel</em>, and/or <em>conversion</em>. </p>\n\n<p>Putting the largely apparent tort of negligence aside, since that is nearly always available when something and/or someone is damaged by another (requiring only the [negligent] act, causation and damages) I'll focus on the other tort potentially applicable to scenario 1.</p>\n\n<p>The minority rule concerning <em>trespass to chattel</em> can be established even when the interference is negligent, whereas the majority rule requires intent to deprive. Interestingly, when the Restatement 2d of Torts talks about minority rule vs. majority rule, it really means \"least often applied\" vs. \"most often applied\", rather than merely \"in some (fewer or greater) defined jurisdiction(s)\". </p>\n\n<p>With these type of uncommonly pled torts, you <em>could</em> find a huge jurisdiction like California having lower courts (especially small claims or district courts) applying both the minority rule in some courts and the majority rule in others. This, all within one judicial jurisdiction if that state's law court has not weighed in on their interpretation of preference. </p>\n\n<p>The Restatement 2d (Second) of Torts § 217 and §218 define liability in <em>trespass to chattel</em> as \"intentionally (negligently - minority rule ):</p>\n\n<blockquote>\n <p>(a) dispossess(ing) the other of the chattel, or;<br>\n (b) the chattel is impaired as to its condition, quality, or value, or;<br>\n (c) the possessor is deprived of the use of the chattel for a substantial\n time, or;<br>\n (d) bodily harm is caused to the possessor, or harm is\n caused to some person or thing in which the possessor has a legally\n protected interest.</p>\n</blockquote>\n\n<p>Trespass to chattel can consist of mere \"intermeddling with or the limited use of the possession\" and no damage need occur to the property, as damage is <em>per se</em>; however in your scenario, actual liability would occur in the destruction of the possession.</p>\n\n<p>The 2nd scenario would lie in the more serious tort of conversion. \nThe tort of conversion will <em>always</em> requires <em>intent to deprive</em> the owner of his property, and the majority view is that the deprivation is intended to be <em>total or forever</em> (whether by continued deprivation or by destruction). </p>\n\n<p>There are 3 elements required to establish conversion: </p>\n\n<ol>\n<li>plaintiff's ownership or right to possession of the property at the time of the alleged conversion; </li>\n<li>defendant's conversion by a wrongful act or disposition of plaintiff's property rights; </li>\n<li>damage(s). </li>\n</ol>\n\n<p>While anticipating the follow-up question to either scenario, being \n\"what about the fact that you didn't take the ball, but rather it ended up on your land, and shouldn't that count for something\"...the answer (to the unasked question :~) is no. </p>\n\n<p>The act of taking possession over property to satisfy the necessary prong in both torts may take any number of forms, but need not be wrongful to begin with. All that is required to establish <em>possessory control</em> over the chattel in a tortious manner is merely interfering with the plaintiff's right of possession, which <em>is</em> a wrongful deprivation of something the owner was entitled to possess (so in other words, even if you didn't go and take it, once you know it's there, it's not yours, and you seek to keep it, either temporarily, permanently &ndash; the act of wrongful possession has occurred. The way the property was acquired is not at issue.</p>\n\n<p>Conversion and Trespass in Chattel are often spoken of interchangeably despite the fact that they are different. The difference between a cause of action for conversion and one for trespass against chattel is measured only by the degree of interference with the plaintiff's rights in their chattel. </p>\n\n<p>While the distinction seems subtle in a vacuum, in the old English cases where these torts were typically decided, conversion was one small step from criminal activity, whereas today conversion may be the civil adjunct to a criminal suit.</p>\n\n<p>*for those not familiar: <em>chattel</em> is any possession that is not real estate.</p>\n", "score": 6 } ]

[ "common-law", "civil-law" ]

[ { "answer_id": 3631, "body": "<p>Lawyers generally will bill clients for two broad categories:</p>\n\n<ul>\n<li>Professional fees (time spent working on a client's matter); and</li>\n<li>Cost recovery (lodging forms, printing, faxing, photocopying, etc)</li>\n</ul>\n\n<p>Anything that falls within these two groups is fair game, including everything you've mentioned in your question.</p>\n\n<p>I suspect it's not possible to devise a comprehensive list of items that may be billed, as it will depend largely on the matter being worked on.</p>\n", "score": 1 } ]

[ "united-kingdom", "fees" ]

[ { "answer_id": 3625, "body": "<p>It depends what the terms of your lease and the insurance policy are.</p>\n\n<p>In general, most leases do not oblige the landlord to pay for temporary accommodation if the property is unusable (other than through the landlord's neglect) - the only remedy the tenant generally has is that they do not have to pay rent for that period and it <em>may</em> be grounds for the contract to be terminated; either explicitly or through the doctrine of impossibility (e.g. if the building is destroyed it is clearly impossible to live in it).</p>\n\n<p>Even if it does, the tenant is asking to be relocated for convenience; not because the property is unusable. A residential lease would require the property to be unusable as a <em>residence</em>; the fact that it is unusable as a <em>place of business</em> is not relevant.</p>\n\n<p>Unless the lease imposes an obligation on the landlord in these circumstances the insurance company would, quite rightly, see this as your gift to the tenant and not something they are liable to reimburse.</p>\n\n<p>Even if the lease does impose this obligation you need to see if consequential loss (loss as a consequence of being unable to provide the premises) is covered under the insurance policy. That is, if the tenant can't use the premises and therefore stops paying the rent does the policy step in to pay the loss of the rent to the landlord.</p>\n", "score": 1 } ]

[ "landlord", "insurance", "pennsylvania", "damages" ]

[ { "answer_id": 3635, "body": "<p>There are a number of things that could complicate this but to keep it simple I will assume:</p>\n\n<ol>\n<li>There are no intellectual property issues (i.e. Peter is not profiting from James' IP). Remember, there is <strong>no</strong> IP in ideas. However, there <strong>is</strong> CopyRight in computer code (among other things); if Peter is using James' code then James is entitled to a) make Peter stop or b) take a share of the profits (or both).</li>\n<li>Peter and James did not formally form a partnership or company.</li>\n<li>There is no <em>written</em> agreement between Peter and James.</li>\n</ol>\n\n<p>So, this just hinges on what Peter and James agreed when:</p>\n\n<ol>\n<li>They began working on the project,</li>\n<li>James stopped working on the project.</li>\n</ol>\n\n<p>In the initial situation what they agreed may or may not have amounted to a contract; the main reason why it wouldn't is whether they intended to be legally bound. Making an agreement to \"have bit of fun and see what happens\" does not create a contract; agreeing to pursue the project as a real business venture probably does and probably creates a common-law partnership as well.</p>\n\n<p>Notwithstanding, if you had asked Peter and James what their intensions regarding any future profits when they started and were working on the project, what would they have said? <em>Probably</em>, they would have said that they intended to split the profits equally. Let's take this as the most likely hypothesis.</p>\n\n<p>How does this agreement change when James leaves the project? Again, a court will ask the same question: if you had asked Peter and James what their intensions regarding were regarding any future profits when James had just left, what would they have said? This depends on how close the project was to commercialisation.</p>\n\n<p>If a lot of work was still required before commercialisation then, <em>probably</em>, James would have said that he has no further interest in the project and good luck to Peter. In this case James is not entitled to anything.</p>\n\n<p>If commercialisation was just around the corner then, <em>probably</em> James would have said that Peter should be paid for bring the commercialisation about and the profits should be spilt after Peter takes his pay.</p>\n\n<p>A court would try to give force to what was agreed at the time; not with the benefit of hindsight.</p>\n", "score": 2 } ]

[ "human-rights" ]

[ { "answer_id": 3623, "body": "<p>If I can summarise:</p>\n\n<ol>\n<li>Jane gave money to Joe on the understanding that he would give it to Bob,</li>\n<li>Joe kept the money.</li>\n</ol>\n\n<p>This is matter between Jane and Joe, Bob is not involved.</p>\n\n<p><strong>Edit</strong></p>\n\n<p>The OP has stated that Joe did give the money to Bob.</p>\n\n<p>In that case, Joe was acting as Jane's agent and he discharged his agency. This is a matter between Jane and Bob, Joe is involved only so far as he was a witness to what happened.</p>\n", "score": 3 } ]

[ "canada", "real-estate" ]

[ { "answer_id": 170, "body": "<p>You seem to be coming from a corporate viewpoint -- if you're just renting something from a one-off landlord, the rental agreement doesn't at all have to cover every possible scenario, and doesn't even have to be in writing at all.</p>\n\n<p>The problem with oral agreements is that even with the best of intentions, it's difficult to remember what exactly did you agree upon many months ago, so, although an oral agreement for a residential lease is still completely legal, and would indeed be accepted by a judge in California, a written one would be much easier to enforce and present to the court (even if the whole agreement is done through email -- you'd simply show the email (or emails) to the landlord and the judge etc).</p>\n\n<p>Things that are not specifically covered by the rental agreement, in the United States, would fall under state law. For example, in California, unless otherwise agreed upon, you have to pay the rent at the end of the month -- which basically noone ever does, so, hence most agreements do explicitly specify when rent is due, since this specific part is always important to both the landlord and the tenant.</p>\n\n<p>It's always best to try to get everything done through mutual agreement. On the other hand, if you think you might have a nasty landlord that's trying to abuse their power and discretion, best course of action would be to go to a law library and look at the relevant state laws (in annotated form), with summaries of sample cases of various past disputes between tenants and landlords (called \"case law\" in legal jargon).</p>\n", "score": 1 }, { "answer_id": 174, "body": "<p>The answer to this question may depend largely on where you live.</p>\n\n<p>In Alberta everyone has access to the <a href=\"http://www.qp.alberta.ca/1266.cfm?page=R17P1.cfm&amp;leg_type=Acts&amp;isbncln=9780779737925\" rel=\"nofollow\">Residential Tenancies Act</a>, and are encouraged to resolve any issues themselves. If an agreement cannot be made with your landlord, the first thing you're advised to do is to talk with an Information Officer in the Consumer Contact Centre, they will advise you and tell you whether or not you can file a complaint with Service Alberta. From there it moves on up to the <a href=\"https://www.servicealberta.ca/869.cf\" rel=\"nofollow\">Residential Tenancy Dispute Resolution Service</a> which offers landlords and tenants an alternative means of resolving serious disputes outside of court (and is a lot cheaper). </p>\n\n<p>Getting advice is free in Alberta, so it's sensible to take advantages of the services that are offered.</p>\n", "score": 1 } ]

[ "landlord", "rent", "contract-law" ]

[ { "answer_id": 3626, "body": "<p>Robert's Rules are one set of <em>standing orders</em> for the operation of a parliamentary-type assembly. They are not legally enforceable; they are simply \"the way we do things 'round here.\"</p>\n\n<p>What is legally enforceable are the organisations constitution and any resolutions passed in accordance with them.</p>\n\n<p>If these prohibit a person who is on assembly A from being the chair of assembly B then, in the first instance, person C should resign or if they do not do so, a point of order should be raised to force this; and a new chair appointed in accordance with the constitution.</p>\n\n<p>If there is no such prohibition, then they remain the chair until they are replaced in the normal course of business.</p>\n", "score": 2 } ]

[ "parliamentary-law", "parliamentary-procedure" ]

[ { "answer_id": 3556, "body": "<p>I certainly don't see why this would not be legal. If you wrote a novel in English and paid someone to translate it into Spanish you could translate it back if you want.</p>\n\n<p>The copyright scenario is they have copyright in the compiler; you own the copyright in the input and output of it. The compiler's creators have no claim on the output because there is none of their creativity in it.</p>\n", "score": 2 } ]

[ "copyright", "licensing", "eula" ]

[ { "answer_id": 1749, "body": "<p>The need to prove a negative arises only from the way you've phrased the problem.</p>\n\n<p>In the UK, <a href=\"http://www.legislation.gov.uk/ukpga/1968/60/section/1\" rel=\"nofollow\">theft is defined as</a>&mdash;</p>\n\n<ol>\n<li>dishonestly</li>\n<li>appropriating</li>\n<li>property</li>\n<li>belonging to another</li>\n<li>with the intention of permanently depriving its legitimate owner of it.</li>\n</ol>\n\n<p>All five elements must be proved in order to secure a conviction for theft.</p>\n\n<p>In the case of an item removed from a store, the prosecution must prove beyond a reasonable doubt that&mdash;</p>\n\n<ol>\n<li>the defendant had a dishonest intent;</li>\n<li>the defendant appropriated the item (treated it as his own);</li>\n<li>the item was 'property' (straightforward in this case);</li>\n<li>the item belonged to someone else (ditto); and</li>\n<li>the defendant intended to permanently deprive the owner of it.</li>\n</ol>\n\n<p>Clearly proving that the defendant left the shop without paying would be an important element in proving (2) and (5) above. Note that the prosecution must prove that <strong>he left without paying</strong>, not that <strong>he did not pay</strong>. In this example, the prosecution might adduce CCTV or witness evidence of defendant leaving without paying.</p>\n\n<p>If the defendant did pay for the item but doesn't have a receipt, he can still give witness testimony in his own defence. The prosecution is unlikely to have strong evidence to the contrary if payment was in fact made. The totality of evidence, put before a jury or summary court, will be considered in the round when establishing guilt.</p>\n", "score": 3 }, { "answer_id": 3617, "body": "<h3>Prosecutor's evidence</h3>\n\n<p>Prosecutors prove theft with evidence. In this case, the most likely evidence would be:</p>\n\n<ol>\n<li>Witness testimony</li>\n<li>Video camera recording</li>\n</ol>\n\n<h3>Defendant's evidence</h3>\n\n<p>The defendant's goal at trial is to create reasonable doubt in the mind of the judge or jury.</p>\n\n<p>Production of a purchase receipt by a defendant should be sufficient to create reasonable doubt for a judge or jury. If the defendant did not get a receipt or threw it away — stores keep records of every transaction via the checkout register. These records can be subpoenaed by the defendant for exculpatory purposes. </p>\n", "score": 2 } ]

[ "business", "theft" ]

[ { "answer_id": 3616, "body": "<p>From the <a href=\"http://www.eeoc.gov/employers/coverage.cfm\" rel=\"nofollow\">U.S. Equal Employment Opportunity Commission (EEOC) website</a>:</p>\n\n<blockquote>\n <p>An employer must have a certain number of employees to be covered by the laws we enforce. This number varies depending on the type of employer (for example, whether the employer is a private company, a state or local government agency, a federal agency, an employment agency, or a labor union) and the kind of discrimination alleged (for example, discrimination based on a person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information).</p>\n</blockquote>\n\n<p>All employers are covered, whether or not a particular regulation covers a particular employer is dependent on the number of employees. For example, age discrimination is covered by employers who have more than 20 employees and Equal Pay Act coverage is for virtually all employers.</p>\n\n<p>From the same web site:</p>\n\n<blockquote>\n <p>People who are not employed by the employer, such as independent contractors, are not covered by the anti-discrimination laws. Figuring out whether or not a person is an employee of an organization (as opposed to a contractor, for example) is complicated. If you aren't sure whether a person covered, you should contact one of our field offices as soon as possible so we can make that decision.</p>\n</blockquote>\n\n<p>The EEOC has regulations covering:</p>\n\n<ul>\n<li><a href=\"https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1964#Title_VII\" rel=\"nofollow\">Title VII of the Civil Rights Act of 1964</a></li>\n<li><a href=\"https://en.wikipedia.org/wiki/Pregnancy_Discrimination_Act\" rel=\"nofollow\">The Pregnancy Discrimination Act</a></li>\n<li><a href=\"https://en.wikipedia.org/wiki/Equal_Pay_Act_of_1963\" rel=\"nofollow\">The Equal Pay Act of 1963</a></li>\n<li><a href=\"https://en.wikipedia.org/wiki/Age_Discrimination_in_Employment_Act\" rel=\"nofollow\">The Age Discrimination in Employment Act of 1967</a></li>\n<li><a href=\"https://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990#Title_I.E2.80.94employment\" rel=\"nofollow\">Title I of the Americans with Disabilities Act of 1990</a></li>\n<li><a href=\"https://en.wikipedia.org/wiki/Civil_Rights_Act_of_1991\" rel=\"nofollow\">Sections 102 and 103 of the Civil Rights Act of 1991</a></li>\n<li><a href=\"https://en.wikipedia.org/wiki/Rehabilitation_Act_of_1973\" rel=\"nofollow\">Sections 501 and 505 of the Rehabilitation Act of 1973</a></li>\n<li><a href=\"https://en.wikipedia.org/wiki/Genetic_Information_Nondiscrimination_Act\" rel=\"nofollow\">The Genetic Information Nondiscrimination Act of 2008</a></li>\n</ul>\n\n<p>The EEOC is an agency responsible for creating rules and regulations and enforcing civil rights laws against workplace discrimination. The regulations and enforcement actions are based on a large number of laws, any one of which may or may not apply to a particular employer.</p>\n\n<p>Exemptions are based on a particular anti-discrimination law, not on the agency itself. Each anti-discrimination law has a different set of entities to which the law applies and different sets of exemptions.</p>\n", "score": 3 } ]

[ "united-states", "employment", "non-profit", "regulations" ]