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[ { "answer_id": 1651, "body": "<p>There are two sides to this question. First, there is the <em>International Covenant on Civil and Political Rights</em>, which states:</p>\n\n<blockquote>\n <p>Article 15</p>\n \n <p>1 . No one shall be held guilty of any criminal offence on account of\n any act or omission which did not constitute a criminal offence, under\n national or international law, at the time when it was committed. Nor\n shall a heavier penalty be imposed than the one that was applicable at\n the time when the criminal offence was committed. <strong>If, subsequent to\n the commission of the offence, provision is made by law for the\n imposition of the lighter penalty, the offender shall benefit thereby.</strong></p>\n</blockquote>\n\n<p><a href=\"http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx\">http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx</a></p>\n\n<p>When signing this treaty, however, the United States of America made a couple of reservations, including this one:</p>\n\n<blockquote>\n <p>I. The Senate's advice and consent is subject to the following reservations: </p>\n \n <p>(...)</p>\n \n <p>(4) That because <strong>U.S. law generally applies to an offender the penalty in force at the time the offense was committed</strong>, the United States does not adhere to the third clause of paragraph 1 of Article 15.</p>\n \n <p>(...)</p>\n</blockquote>\n\n<p><a href=\"http://www1.umn.edu/humanrts/usdocs/civilres.html\">http://www1.umn.edu/humanrts/usdocs/civilres.html</a></p>\n\n<p>(emphasis mine in both cases)</p>\n", "score": 11 }, { "answer_id": 1649, "body": "<p><a href=\"http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5103&amp;context=penn_law_review\" rel=\"nofollow\">The United States does not guarantee retroactive ameliorative relief</a> - <a href=\"http://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=1433&amp;context=facpubs\" rel=\"nofollow\">there is no automatic process for freeing those sentenced under an abolished or amended law</a>¹. </p>\n\n<p>The Supreme Court of California found in <em>People v Harmon</em> 54 Cal. 2d 9 (1960) that even a defendant undergoing trial for assault was not entitled to the benefit of an amendment of the mandatory death penalty to a lesser sentence at judicial discretion.</p>\n\n<p>However, <em>In re Estrada</em>, 63 Cal. 2d 740 (1965), the Court overturned the previous ruling, and agreed with the dissenting opinion - that the defendant was entitled to the relief from the amendment.</p>\n\n<p>Ultimately, this would depend on whether the Act that repeals the sections of the law that made those actions criminal is retroactive or not. As with most laws, the general presumption is that it is <strong>not</strong> retroactive. </p>\n\n<p>As for your criminal record, indictments and misdemeanors will appear unless expunged, the process for which varies between jurisdictions.</p>\n\n<hr>\n\n<p>_{\n1. p.43 - it is generally denied, or limited to cases where the legislation does not have a 'saving class' (statutes that prevent the abatement of past or pending convictions), or where final judgment is pending.\n}</p>\n", "score": 7 }, { "answer_id": 1647, "body": "<p>A crime is a crime if it was unlawful at the time. A law is not retroactively applied or repealed unless that is explicit in the law that creates or repeals it. For very good reasons most governments are <em>very</em> careful about retrospective legislation.</p>\n\n<p>A criminal record will include all crimes of which you were convicted unless there is a law saying otherwise (e.g. expungement laws).</p>\n", "score": 4 } ]

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

[ { "answer_id": 1632, "body": "<p>There are both statutes and customs aimed at preventing \"<a href=\"http://www.alllaw.com/articles/nolo/personal-injury/lawsuits-malicious-prosecution-abuse-process.html\">Malicious Prosecution</a>\" and \"<a href=\"http://abuseofprocess.uslegal.com/abuse-of-process-overview/\">Abuse of Process</a>.\" (In Pennsylvania, for example, the 1980 <a href=\"http://www.consumerlawblogging.com/?p=65\">Dragonetti Act</a> allows the victim of a frivolous lawsuit to counter-sue for compensatory damages.)</p>\n\n<p>One can also buy insurance against this type of risk: Umbrella liability policies will generally provide a defense against civil lawsuits and any damages awarded, as will many business insurance policies.</p>\n\n<p>Of course, none of this is to say that a skilled legal team can't avoid all of these countermeasures and, in practice, take up a significant amount of your time and trouble. We do not have a perfect system of justice.</p>\n", "score": 13 }, { "answer_id": 1630, "body": "<p>Lawyers can be sanctioned for filing law suits they know have no merit. It's unethical and an abuse of due process.</p>\n\n<p>That said, there are plenty of legitimate reasons someone could find to file a law suit against you if they choose to make you their \"pet project.\" The more business dealings you do with them, the more reasons they could potentially find to sue you.</p>\n\n<p>And, yes, you are correct. The discrepancy in your relative bank accounts gives your counterparty a distinct advantage in this situation.</p>\n\n<p>As a practical matter, I suggest the following:</p>\n\n<ol>\n<li>Invest in an attorney to figure out your legal position regarding the matter at hand.</li>\n<li>Negotiate with your counterparty to reach an amicable settlement.</li>\n<li>Go kindly on your way and try to have no further contact with him. (Hopefully, he will forget about you and focus on more constructive things than filing law suits.)</li>\n</ol>\n", "score": 3 } ]

[ "united-states", "common-law", "business", "fees" ]

[ { "answer_id": 1638, "body": "<p>Software cannot be patented although it does have copyright.</p>\n\n<p>Hardware can be the subject of a patent, however, that would not cover any software aspects such as the programming built into a PROM.</p>\n\n<p>While it is possible to render any software into an integrated circuit, practically, anything simple enough to make this feasible is probably too simple to patent.</p>\n", "score": 3 } ]

[ "european-union", "patents" ]

[ { "answer_id": 1615, "body": "<p>Am I legally allowed to use the artwork from freecovers.net on their online store?</p>\n\n<p>Maybe.</p>\n\n<p>Will I get sued?</p>\n\n<p>Maybe.</p>\n\n<p>I had a look at their site and when trying to follow the link to the \"Terms of Use\" page all I got was a broken database query so I can't see whet they say about it. However, reading their FAQ and the way they source their covers there is a very real chance that there are potential copyright breaches involved.</p>\n\n<p>Put simply, the covers are <em>somebody's</em> copyright. In general, they have been uploaded without the copyright holder's permission. The use that FreeCovers.net makes of them <em>may</em> meet fair use/fair dealing provisions in the copyright acts of the relevant jurisdictions (i.e. basically every jurisdiction in the world for online use) or they may not - that is between the copyright holder and FreeCovers.net. It is likely that they would in the USA; in places like the UK or Australia it is likely that they wouldn't - what is fair use/fair dealing depends on jurisdiction.</p>\n\n<p>What you are proposing to do (use the covers in a profit making venture) is <em>extremely</em> unlikely to be considered fair use/fair dealing anywhere and may leave you open to being sued by the copyright holder - whether that suit is successful is a matter for the court.</p>\n\n<p>However, if you are selling the records then it is highly likely that the copyright holder of the music and the cover art are the same organisation i.e. the record company. If you approached them for permission to use the cover art and they agree, then you are home and hosed.</p>\n", "score": 2 } ]

[ "copyright", "terms-of-service", "music" ]

[ { "answer_id": 1597, "body": "<p>The powers given to law enforcement professionals will be detailed in the relevant law that establishes them.</p>\n\n<p>I would suspect that the decision to cordon off an area would fall within the purview of the officer on the scene; the idea that a police officer would need to seek permission before cordoning off a motor vehicle accident or chemical spill is unworkable. I would also suspect that other emergency personnel (e.g. ambulance and fire-fighters) would have similar powers.</p>\n\n<p>However, such cordoning off would be a temporary measure and if it was maintained for an unreasonable period it would be open to challenge through an administrative or judicial process.</p>\n\n<p>If the police decided that a feature was a permanent hazard then they could seek a court order on the owner of the property to provide some measure to adequately protect the public, by either removing the hazard or providing some permanent barrier, under whatever laws seemed most appropriate.</p>\n", "score": 3 }, { "answer_id": 1610, "body": "<p>A few states including NY have a defined executive government role called \"fire police\" who can deny access to the site of emergencies; if there has been a recent death then they may be enabled to do this.</p>\n\n<p><a href=\"https://en.wikipedia.org/wiki/Fire_police#New_York\" rel=\"nofollow\">wikipedia</a></p>\n\n<p>\"Fire police in New York State are peace officers with full police powers (including that of arrest) when acting pursuant to their special duties.</p>\n\n<p>These are granted under Section 209 (c) of the General Municipal Law. As New York State peace officers, they are required to take an oath, a copy of which must be kept on file in the town clerk's office in the municipality in which they serve. As mandated by Executive Law, Section 845 (Chapter 482, Laws of 1979 and Chapter 843 Laws of 1980), they are also listed with the Central Registry of Police and Peace Officers at the New York State, Division of Criminal Justice Services, Office of Public Safety in Albany, NY.\n\"</p>\n\n<p>I cannot say if your city, county or town has such an office. </p>\n", "score": 3 } ]

[ "new-york-state", "police", "trespass" ]

[ { "answer_id": 1616, "body": "<p>The specific law you incorporate under will determine the rights and liabilities involved. That said, as a general rule, the major practical difference between a C corporation and an LLC is that a C corp will pay corporate income taxes, while and LLC has partnership-style pass-through taxation.</p>\n", "score": 1 }, { "answer_id": 1629, "body": "<p>Until recently Delaware offered so many benefits to businesses that an overwhelming number of U.S. businesses were formed there. Nevada is one of the states challenging Delaware's distinction in that capacity.</p>\n\n<p>Because this is an area of law that is both nuanced and subject to rapid changes, I won't provide a digest of the relative merits of each domicile. The states that are actively courting this business do a good job of touting their relative advantages, so an internet search can provide that. E.g., presently:</p>\n\n<ul>\n<li><a href=\"http://www.bizfilings.com/learn/incorporate-delaware-nevada.aspx\" rel=\"nofollow\">http://www.bizfilings.com/learn/incorporate-delaware-nevada.aspx</a></li>\n<li><a href=\"https://www.incnow.com/delaware-vs-nevada/\" rel=\"nofollow\">https://www.incnow.com/delaware-vs-nevada/</a></li>\n<li><a href=\"https://www.delawareinc.com/llc/advantages-of-llc/\" rel=\"nofollow\">https://www.delawareinc.com/llc/advantages-of-llc/</a></li>\n</ul>\n", "score": 1 } ]

[ "united-states", "business", "corporate-law" ]

[ { "answer_id": 1621, "body": "<p>The way \"with intent to lose citizenship\" works in US law is <em>extremely</em> demanding; it is very hard to establish it by doing anything short of appearing before a consular officer and formally renouncing citizenship. Other ways include serving in the military of a country at war with the US, being convicted of treason for committing one of the specified potentially expatriating acts (serving in an army at war with the US is sort of a trial-less special case of that, because engaging in a war against the US is treason), or serving in a \"policy-level position\" in a foreign government.</p>\n\n<p>The State Department says as much in the link. Obtaining citizenship is listed as a case where the administrative premise <em>applies</em>; so is swearing allegiance to a foreign state, serving in the military of a state at peace with the US, and serving in lower-level government posts of a foreign state. In those cases, the person retains US citizenship but at some point in the future may be asked by the State Department if they wanted to renounce it. Intent to renounce citizenship is established only by explicit declaration if you've only obtained citizenship in another country.</p>\n\n<p>With \"policy-level posts\" the premise doesn't apply, but then the State Department just decides on a case-by-case basis. <em>You</em> may well lose US citizenship (although the King of Thailand was born in the US, and I'm not sure if he's considered to have lost citizenship), but it's not automatic. Your senior ministers may lose citizenship, but it is likewise not automatic. But the normal citizens? The link explicitly says that the administrative premise covers that.</p>\n", "score": 4 } ]

[ "united-states", "citizenship" ]

[ { "answer_id": 1627, "body": "<ol>\n<li>Consider that the provider doesn't know it's <em>you</em> that is attacking your own VPS, so they could start an investigation, which is expensive, and might also incur fines if they alert the police forces</li>\n<li>Some attacks (DDOS for instance) will necessarily affect also other users, not only you.</li>\n</ol>\n\n<p>Bottom line, I'm definitely not a lawyer, but I'm pretty sure that if you don't have their permission, it's illegal everywhere.</p>\n\n<p>Ask your provider, and if he refuses to grant you permission, find a provider which specifically allows such a thing (I guess they must exist somewhere, after all, white hats must do some tests sometimes…).</p>\n\n<p>Keep in mind that I think it's unlikely you'll find a <em>VPS</em> which allows such a thing, since you would risk crashing the whole machine, it's much more likely you'll end up needing a dedicated server.</p>\n", "score": 2 } ]

[ "international", "hacking" ]

[ { "answer_id": 1392, "body": "<p>Copyrights don't apply to the names used. You mean trademarks. You copyright your game and you trademark the name.</p>\n\n<p><a href=\"http://www.reddit.com/r/gamedev/comments/11v69k/using_a_guns_name_in_your_video_game/\">http://www.reddit.com/r/gamedev/comments/11v69k/using_a_guns_name_in_your_video_game/</a></p>\n\n<p>Basically, it wouldn't be wise to use trademarked names in your game. Even though it's unlikely you would be sued and even if you were, you could possibly fight it under Fair Use, but do you want to take the chance?</p>\n\n<p>If some gun company decided they didn't like how you used their name, even if they have little to no grounds for a case, they can STILL sue. Anybody can sue for pretty much any reason where there is doubt. If they have enough money to throw around, they can drag you through the mud, ruin your business and then just lift their lawsuit. They don't need to win in court, just destroy you.</p>\n\n<p>Keep in mind that even if you don't use the name, if the gun in your game is an accurate replica of the real thing, it could still be a trademark issue.</p>\n\n<p>EDIT: Something you could consider though is asking permission. You never know. They may simply not care. You might even try propositioning them to pay YOU to have their gun showcased in your game. It's not entirely uncommon for companies to be willing to pay for a bit of endorsement advertising.</p>\n", "score": 11 }, { "answer_id": 1393, "body": "<p>It may happen that the manufacturer may ask you for attribution as appears to have happened in Battlefield 4 (Serbu Shorty et al.) where the manufacturer is now recognised in the descriptions, even though internally a nickname is used (for scripting and the like). </p>\n", "score": 2 }, { "answer_id": 1404, "body": "<p>Glock isn't a gun; it's a company. You would need permission to use any guns that they own the trademarks for.</p>\n<p>I think colt owns the trademark for the M16. But &quot;M4&quot; <a href=\"https://en.wikipedia.org/wiki/M4_carbine#Trademark_issues\" rel=\"nofollow noreferrer\">was ruled</a> to be a generic term, so you could use an M4 instead.</p>\n<p>The AK-47 is a Russian gun and Mikhail Kalashnikov is dead.</p>\n<p>As far as I can tell, you could still use the design of these guns, but you would have to call it something else. I think this is what Arma did</p>\n<h1>Possible solutions</h1>\n<p>There's a good chance you won't get sued, but if you want to avoid issues altogether, you could make your own weapons. Just keep in mind how a gun works when designing them. If you want it to look like a military weapon, just make sure that it accepts a <a href=\"https://en.wikipedia.org/wiki/STANAG_magazine\" rel=\"nofollow noreferrer\">STANAG</a> magazine. Look at other weapons for inspiration.</p>\n<p>Since this is for a game, I would would personally create a fictional gun manufacture in your game. Like &quot;Kirk MacQuarrie Arms&quot;.</p>\n<p>Another thing to remember is that nobody owns copyrights on the concept of guns in general. If you use an existing model and change a few things, you should be safe.</p>\n<p>Someone in <a href=\"https://forums.unrealengine.com/showthread.php?1093-Do-you-need-license-from-gun-manufacturer-in-order-to-put-it-in-your-game\" rel=\"nofollow noreferrer\">this forum thread</a> said:</p>\n<blockquote>\n<p>If you are a big company, yes. If you have no money they won’t hunt you for using their gun designs.\nWould be a waste of resources to sue an indie without anything in his pockets.</p>\n</blockquote>\n<p>You may also want to check out <a href=\"http://www.reddit.com/r/gamedev/comments/11v69k/using_a_guns_name_in_your_video_game/\" rel=\"nofollow noreferrer\">this reddit page</a>.</p>\n", "score": 2 } ]

[ "copyright" ]

[ { "answer_id": 1612, "body": "<p>As I alluded to in a comment to your previous question, if the stream is \"navigable in fact\" then you may have an uphill battle, especially if it is owned by a government entity. </p>\n\n<p><a href=\"http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1502&amp;context=pelr\" rel=\"nofollow\">Long review of navigable waterways in NY state</a></p>\n\n<p>I have a theory of which waterway you are referring to, and I believe I found it by name in this article, referenced to a historic court case under a section titled \"held to be navigable in fact\". </p>\n\n<p>If I am guessing correctly, I am sorry for your cause, since this suggests that the common law right of access cannot be denied, or at the very least, this is not a simple question and may take much effort on the part of the city to execute to your desires. </p>\n", "score": 2 } ]

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

[ { "answer_id": 1588, "body": "<p><strong>The use may constitute trademark infringement if it implies sponsorship or endorsement</strong></p>\n\n<p>I'm going to assume US jurisdiction for this question, because you've not provided one, and you haven't provided enough car manufacturer names to suggest that this wouldn't apply to the US. I'll also only cover Federal law (the cases were tried in state courts), so be aware that there may be additional responsibilities under state law that I don't examine here.</p>\n\n<p><a href=\"https://www.law.cornell.edu/uscode/text/15/1114\" rel=\"nofollow\">15 U.S. Code § 1114</a>: </p>\n\n<blockquote>\n <p><strong>(1)</strong> Any person who shall, without the consent of the registrant— </p>\n \n <p><strong>(a)</strong> use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with the sale, offering for sale, distribution, or advertising of any goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive; or<br>\n <strong>(b)</strong> reproduce, counterfeit, copy, or colorably imitate a registered mark and apply such reproduction, counterfeit, copy, or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisements intended to be used in commerce upon or in connection with the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause mistake, or to deceive, </p>\n \n <p>shall be liable in a civil action by the registrant for the remedies hereinafter provided. Under subsection (b) hereof, the registrant shall not be entitled to recover profits or damages unless the acts have been committed with knowledge that such imitation is intended to be used to cause confusion, or to cause mistake, or to deceive. </p>\n</blockquote>\n\n<p><a href=\"https://www.law.cornell.edu/uscode/text/15/1125\" rel=\"nofollow\">15 U.S. Code § 1125</a>:</p>\n\n<blockquote>\n <p><strong>(1)</strong> Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which— </p>\n \n <p><strong>(A)</strong> is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or<br>\n <strong>(B)</strong> in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities, </p>\n \n <p>shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act. </p>\n</blockquote>\n\n<p>These actions - the use of the trademarked manufacturer logo within the app - is likely to constitute trademark infringement, if the trademark owner's permission is not sought prior to publication, and the use of the trademark is likely to cause confusion as to the source, sponsorship or approval of the goods.</p>\n\n<p>What this means, is that if the trademarks are used in such a way that a reasonable person is likely to think that:</p>\n\n<ol>\n<li>The product is an official product from the owner/brand associated with the trademark;</li>\n<li>The product is sponsored by the owner/brand associated with the trademark; or</li>\n<li>The product is approved or endorsed by the owner/brand associated with the trademark.</li>\n</ol>\n\n<p>Then an action in trademark infringement may be brought by the trademark owner.</p>\n\n<p>Consider the following two cases:</p>\n\n<ul>\n<li><p><a href=\"https://cyber.law.harvard.edu/metaschool/fisher/domain/tmcases/polaroid.htm\" rel=\"nofollow\">Polaroid Corp. v. Polarad Elect. Corp., 287 F.2d 492 (2d Cir. 1961)</a><br>\nIn this case, judgement was made for the defendant, as the defendant's field was not considered close enough to the plaintiff's for there to be a likely chance of confusion.</p></li>\n<li><p><a href=\"https://cyber.law.harvard.edu/metaschool/fisher/domain/tmcases/amf.htm\" rel=\"nofollow\">AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341 (9th Cir. 1979)</a><br>\nIn this case the trial judge decided that the trademarks <em>Slickcraft</em> and <em>Sleekcraft</em> were unlikely to cause confusion. This ruling was overturned on appeal and an injunction was ordered by the court.</p></li>\n</ul>\n\n<hr>\n\n<p><strong>Possible defenses</strong> </p>\n\n<ul>\n<li>Nominative use of a mark<br>\nWhen a mark is used <em>solely</em> to identify a product, this use is privileged.</li>\n<li>A descriptive mark used for its primary purpose<br>\nDescriptive marks are a subtype of trademarks, which are descriptive in nature but have acquired a secondary meaning. Here, using a descriptive mark for its primary purpose has been found not to constitute infringement.</li>\n<li>General First Amendment protection<br>\nSatire and parody are generally recognized as defenses if the primary purpose of the use is not directly commercial.</li>\n</ul>\n\n<hr>\n\n<ol>\n<li>If the products are not similar enough to be likely to cause confusion; and</li>\n<li>The use does not imply endorsement, sponsorship or approval of the product by the trademark owner</li>\n</ol>\n\n<p>then it <em>should</em> be fine. </p>\n\n<p>It seems that the situation in the question above would not give rise to confusion (unless the car manufacturer also develops an app, for instance), the second issue - endorsement - should be avoided. </p>\n\n<p>Many programs will have a <em>legal</em> section that includes ownership information and disclaims any association with the trademark owner(s). I have not been able to locate any cases where the effect of these sections have been tested.</p>\n\n<hr>\n\n<p><strong>Further reading</strong></p>\n\n<ul>\n<li><a href=\"https://cyber.law.harvard.edu/metaschool/fisher/domain/tm.htm\" rel=\"nofollow\">Overview of Trademark Law</a></li>\n</ul>\n", "score": 3 }, { "answer_id": 1589, "body": "<p>Wikipedia suggests:</p>\n\n<blockquote>\n <p><strong><a href=\"https://en.wikipedia.org/wiki/Fair_use_(U.S._trademark_law)\" rel=\"nofollow\">Fair Use</a> allows <a href=\"https://en.wikipedia.org/wiki/Nominative_use\" rel=\"nofollow\">nominative use</a> of trademarks.</strong></p>\n</blockquote>\n\n<p>When you consult your attorney, make sure he explains to you how \"Fair Use\" might apply to your situation. And whether your application refers to the \"actual trademarked product or its source\" for comparative purposes which might allow you to fairly use the marks in your product.</p>\n\n<p><em>Please remember, I am not providing you legal advice. You need an attorney for that. Never take legal advice from strangers over the internet. Always go to an attorney licensed to practice in your state.</em></p>\n", "score": 1 } ]

[ "intellectual-property", "trademark" ]

[ { "answer_id": 1596, "body": "<p>Your terms and conditions must comply with the laws in:</p>\n\n<ul>\n<li>Your jurisdiction (California)</li>\n<li>Your customer's jurisdiction (each of the US states, Canadian provinces and ultimately countries and sub-jurisdictions in Europe)</li>\n</ul>\n\n<p>If they do they will generally be enforceable; if they don't then they will not be enforceable and you may be exposing yourself to civil and criminal sanctions. While not immediately relevant to you, Australian Consumer Law has such sanctions to goods sold into Australia from anywhere in the world; I am not familiar with other jurisdictions.</p>\n\n<p>With respect to your comment that you will not accept returns or refunds, this would expose you to potential fines in Australia of $220,000 for an individual or $1,100,000 for a corporation - under <a href=\"http://www.consumerlaw.gov.au/content/Content.aspx?doc=home.htm\" rel=\"nofollow\">Australian Consumer Law</a> returns and refunds are a consumer right. I strongly suspect that most of the jurisdictions you are selling into would take a similar position.</p>\n\n<p>A general \"catch-all\" like \"to the extent permitted by law\" <em>may</em> reduce the risk of being prosecuted <strong>but</strong> it would not eliminate it entirely. Again, in Australia, the provision is that you must not engage in deceptive and misleading conduct - merely suggesting that you will not give a refund even with the limitation above - may still be deemed \"deceptive and misleading\" if the court feels that a reasonable consumer might assume that they are not entitled to a refund.</p>\n\n<p>You need professional legal advice on this.</p>\n", "score": 4 } ]

[ "united-states", "california", "european-union", "terms-of-service" ]

[ { "answer_id": 1603, "body": "<p>No. That clause does not give other users a licence to reproduce the work (other than what is necessary to access or use it) or create derivative works. The copyright owner has the exclusive right to do those things. (See <a href=\"https://www.law.cornell.edu/uscode/text/17/106\" rel=\"nofollow\">17 USC 106</a>.)</p>\n\n<p>The clause you quote only indicates that other users can \"access\" (download for viewing) your \"information\" and use it, too. It doesn't give away any of your exclusive copyright in the work.</p>\n\n<p>You <em>do</em> grant <em>Facebook</em> a licence to do certain things with your work in section 2.1 of the Terms of Service, though.</p>\n", "score": 3 } ]

[ "copyright", "internet", "intellectual-property", "terms-of-service" ]

[ { "answer_id": 1600, "body": "<p><em>Notwithstanding</em> in this case takes its ordinary meaning - \"despite\": </p>\n\n<blockquote>\n <p><em>Despite</em> anything to the contrary contained in this Agreement, any provision of this Agreement which provides for me to assign any of my rights to a Work shall not apply to any invention developed on my own time without using equipment, supplies, facilities or trade secrets…</p>\n</blockquote>\n\n<p>Without having the text of the rest of the relevant parts of the contract, my initial interpretation is that the effect of this, is that you would not need to assign your rights to Works produced in your own time without connection to your paid employment.</p>\n\n<p>Also, if this was subordinate to the other clauses you mentioned, then it would have little or no effect.</p>\n\n<p>Finally, the general legal principle <em>is</em> that works produced in your own time with no connection to your employment (resources, knowledge or otherwise) are not assigned, unless specifically stated. </p>\n\n<p>That is, the contract would generally explicitly state that works produced in your own time with no reliance on your employment are assigned to the Employer.</p>\n\n<p>However, such a term is almost certainly unreasonable and could be challenged in court if the employer ever attempted to enforce it.</p>\n", "score": 3 } ]

[ "united-states", "contract-law", "intellectual-property" ]

[ { "answer_id": 375, "body": "<p>I would say all the similarities and differences between approaching a barrister directly and going through a solicitor are set out in the PDF.</p>\n\n<p>The historical division of barristers and solicitors is discussed in the document. Traditionally, solicitors took on cases and did the 'behind the scenes' preparation before a case went to trial, and barristers represented that client in the courtroom using the prepared materials. You needed to go through a solicitor in order to be represented by a barrister; there was no way of approaching a barrister directly yourself as a lay person. </p>\n\n<p>While this has changed with the Public Access Barrister scheme, this way of instructing a barrister is still seen as the 'default' method. In the usual scheme of things, you, as a client, would deal with a solicitor, and they would then instruct a barrister to represent you in court. </p>\n\n<p>In the Public Access Barristers scheme, you, the client, effectively miss out the solicitor stage and you approach the barrister directly. But this leaves something of a gap. </p>\n\n<p>In the typical client-solicitor-barrister model, the solicitor's role is to prepare the case for the barrister: collating documents for court, for example. The barrister then takes the papers, reads them, prepares an argument based on those documents and puts the client's case in a courtroom. (This isn't always the case, as the document makes clear: some barristers are not qualified to conduct litigation, for example, whereas some solicitors are qualified to represent clients in court. It's more the typical and historical model.)</p>\n\n<p>In the Public Access Barrister scheme, there is no solicitor to prepare the case. From the PDF provided, this means that:</p>\n\n<ol>\n<li>this is cheaper, as you're not paying for two lawyers; but\nconversely: </li>\n<li>you will have to undertake some of the preparation\nyourself, e.g. collating the papers, and</li>\n<li>there are some cases which are too complex for a client to take directly to a barrister, because a solicitor would be required to prepare all of the documents necessary for the trial.</li>\n</ol>\n\n<p>In terms of similarities, you will still end up receiving the advice and/or the representation of a barrister; you simply won't be going through a third party, but will be dealing directly with that barrister.</p>\n", "score": 3 } ]

[ "england-and-wales", "solicitor" ]

[ { "answer_id": 1548, "body": "<p>\"Founder\" is a common term used in the <a href=\"https://en.wikipedia.org/wiki/Startup_company#Co-founders\" rel=\"nofollow\">startup community</a>.</p>\n\n<p>The SEC refers to founders in <a href=\"http://www.sec.gov/info/smallbus/formddefinitions.htm\" rel=\"nofollow\">its definition of \"promoter\"</a>:</p>\n\n<blockquote>\n <p>Any person who, acting alone or in conjunction with one or more other persons, directly or indirectly takes initiative in founding and organizing the business or enterprise of an issuer</p>\n</blockquote>\n", "score": 3 }, { "answer_id": 1582, "body": "<blockquote>\n <p><strong>I think your question is one of semantics. So the answer depends on context.</strong></p>\n</blockquote>\n\n<p>For example, if you are chatting with your friends, the answer could be when you start working on a new business idea that you one day hope will make money.</p>\n\n<p>On the other hand, if you are talking to VC investors it might be when you file the legal paperwork for your patent(s) or your corporation.</p>\n\n<p>Semantics depend on context.</p>\n", "score": 0 } ]

[ "business", "ownership" ]

[ { "answer_id": 1565, "body": "<p>The answer is a clear maybe.</p>\n\n<p>The school has a set of rules and by not attending you have broken those rules. The rules may (probably do) allow for consideration of extenuating circumstances but, in general, it doesn't have to. There is probably an appeals process, you need to investigate this.</p>\n\n<p>That said, if there are no provisions for extenuating circumstances and/or no appeals process then this may make the contract \"unconscionable\"; in many jurisdictions this makes the contract void. That doesn't mean you get the marks; it means you get your money back.</p>\n\n<p>The circumstances of your court appearance matter: the school may grant special consideration if you are called as a juror or witness; they might not if you are a defendant.</p>\n\n<p>Ultimately you had a choice, to follow the rules of the court or the school; there are consequences either way.</p>\n", "score": 8 } ]

[ "united-states", "education", "colorado" ]

[ { "answer_id": 1569, "body": "<p>In New South Wales all contracts for real estate must be in writing and <strong>there is no contract</strong> until they have been <em>exchanged</em>, that is signed by both parties although typically each party signs a different copy of the contract which is then exchanged.</p>\n\n<p>Once this occurs the contract is binding save for some cooling off provisions on the buyer (except auction sales) and the deposit is payable.</p>\n\n<p>What commonly happens is that a buyer will put in an offer with a signed contract and a cheque for the deposit - this does not make a contract, it is simply an aggressive and risky negotiating tactic! It remains an offer until the vendor signs the contract; in the meantime they are free to negotiate with other parties, make a counter offer etc. Ultimately, if they do not accept the offer or the buyer withdraws the offer they must refund the deposit.</p>\n\n<p>So, yes they can continue to show the property and raise the asking price.</p>\n\n<p>There are laws that limit the behaviour of real estate agents, most notably with respect to deceptive and misleading conduct, however, accepting a deposit cheque and a signed contract from a prospective buyer to take to the vendor would not offend these. Actually saying the offer was accepted when it wasn't might do.</p>\n", "score": 1 } ]

[ "australia", "real-estate" ]

[ { "answer_id": 1562, "body": "<p><strong>I am not a lawyer and this is not legal advice.</strong></p>\n\n<p>The likenesses of fictional characters are copyrightable works (not trademarks), and the examples you gave are most certainly copyrighted.</p>\n\n<blockquote>\n <p>Can I use those images in the first place? What are the implications?</p>\n</blockquote>\n\n<p>If you negotiate a license with the copyright holders, certainly. Otherwise, US copyright law provides an exemption for fair use, allowing portions of copyrighted works to be incorporated into original works for demonstrative or educational purposes. There's also an exemption for parodies under <em><a href=\"https://en.wikipedia.org/wiki/Campbell_v._Acuff-Rose_Music,_Inc.\" rel=\"nofollow\">Campbell v. Acuff-Rose Music, Inc.</a></em> Without knowing more about your app, it's hard to say if you'd be covered under an exemption, and the decision is ultimately up to a court if and when an infringement suit is filed against you.</p>\n\n<blockquote>\n <p>I know that I can't use a full batman drawing from an artist, but how about the batman symbol (which is universally known and used everywhere). Is there a difference?</p>\n</blockquote>\n\n<p>Probably not. The popularity and wide use of a work does not affect its copyright status.</p>\n\n<blockquote>\n <p>And finally, If I do get a C&amp;D order, can I simply remove the content and avoid any further legal implications?</p>\n</blockquote>\n\n<p>It depends on the wording of the cease and desist order. If it explicitly says that they will waive their legal right to pursue a claim against you if you comply, then yes, you'll be safe. But in all likelihood it will simply be a threat to sue if you don't comply, and complying does not necessarily mean that you're safe.</p>\n\n<p>Also note that a cease and desist does not necessarily mean that what you did was illegal; see <em><a href=\"https://en.wikipedia.org/wiki/Chilling_effect\" rel=\"nofollow\">chilling effect</a></em>. It just means that the copyright holder <em>believes</em> your use is an infringement.</p>\n", "score": 1 }, { "answer_id": 1560, "body": "<p>In general, the objects you describe are almost certainly Trade Marks and you cannot use these without permission.</p>\n\n<p>The remedies for infringing a Trade Mark include an injunction to stop use but the plaintiff could also seek damages and/or the profit that you made from using them.</p>\n", "score": 0 } ]

[ "copyright" ]

[ { "answer_id": 1550, "body": "<p>It depends on the circumstances, see <a href=\"https://www.gov.uk/legal-aid\" rel=\"noreferrer\">here</a>.</p>\n<blockquote>\n<p>You’ll usually need to show that:</p>\n<ul>\n<li><p>your case is eligible for legal aid</p>\n</li>\n<li><p>the problem is serious</p>\n</li>\n<li><p>you can’t afford to pay for legal costs</p>\n</li>\n</ul>\n</blockquote>\n", "score": 6 } ]

[ "united-kingdom", "human-rights" ]

[ { "answer_id": 870, "body": "<p>I am not a lawyer, I am not your lawyer.</p>\n\n<p>You do not identify a jurisdiction and the answer will turn almost entirely on this. As an Australian I will deal with that jurisdiction.</p>\n\n<p><strong>Privacy Law</strong></p>\n\n<p>The <em>Privacy Act 1988</em> governs <strong>personal</strong> information of or an <strong>opinion</strong> of an identifiable <strong>individual</strong> collected and held by Australian Government Agencies and businesses with a turnover of more than $3 million. See <a href=\"http://www.oaic.gov.au/\" rel=\"nofollow\">http://www.oaic.gov.au/</a>. States and territories have similar legislation that fills some of the gaps.</p>\n\n<p>Under that legislation you have a number of rights, the most applicable to your circumstances being:</p>\n\n<ul>\n<li>the right to have your information corrected</li>\n<li>the right to complain </li>\n</ul>\n\n<p>On the face of it the actions taken would be in breach of the legislation <strong>if</strong> committed by an entity covered. It is worth noting that if your name and address are <em>published</em> (say in the phone book) then they are not personal information; credit card details would be personal information.</p>\n\n<p><strong>Consumer Law</strong></p>\n\n<p>There may be a breach here - it would depend on the exact law in the jurisdiction.</p>\n\n<p><strong>Common Law</strong></p>\n\n<p>In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant:</p>\n\n<ol>\n<li>had a duty to the plaintiff,</li>\n<li>breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person),</li>\n<li>the negligent conduct was, in law, the cause of the harm to the plaintiff, and</li>\n<li>the plaintiff was, in fact, harmed or damaged.</li>\n</ol>\n\n<p>Where a case would fall over is on point 4.; what harm, in the sense of an actual loss, have you suffered? I can't see that you have actually suffered any damage. If you were to suffer credit card fraud or identity theft and you could <em>prove</em> that the company was the source of the information you would have a case for the loss.</p>\n\n<p>You could seek an order of the court to make them correct their records</p>\n", "score": 1 } ]

[ "privacy", "negligence" ]

[ { "answer_id": 1549, "body": "<p>You're unlikely to find anything that is identically placed across all jurisdictions in the United States. </p>\n\n<p>In terms of parsing a deposition, you're better off using a training corpus of depositions to identify the language that is used for certain elements, so that you can extract that information based on the form it takes, rather than its positioning on a page. </p>\n", "score": 1 } ]

[ "united-states" ]

[ { "answer_id": 1538, "body": "<p>I'll preface this by saying I live in Australia where the lowest jurisdiction that can make an act a criminal offence is the state; local governments simply do not have that power here,</p>\n\n<p>Question 1: If I understand this right you have a law that you do not enforce that carries moderate sanctions and you are asking that a law that you do not enforce with greater sanctions will be a greater deterrent? Well ... no (see <a href=\"http://www.sentencingproject.org/doc/Deterrence%20Briefing%20.pdf\" rel=\"nofollow\">here</a>). </p>\n\n<p>If you want to stop the behavior you have to enforce the sanctions that you have in a fair and impartial way. I would suggest that you make it very clear that starting in early September the laws will be enforced - that gives people fair warning. Then, each weekend in September you bring in enough police (State Troopers?) to enforce the law. Its not going to take many $250 fines to make people stop.</p>\n\n<p>Question 2: No comment.</p>\n\n<p>Question 3: No comment.</p>\n\n<p>Question 4: Sounds like a good way of getting the city sued for negligence; just because people are breaking the law does not make it legal to hurt them. If you are serious then fencing the entire area may be worthwhile but the area would still need to be policed.</p>\n", "score": 3 } ]

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

[ { "answer_id": 1543, "body": "<p>Extrajudicial implies there is some weight of law behind the casino behaviors you describe.</p>\n\n<p>I don't think there is.</p>\n\n<p>For example, refusing to cash out chips could just be a management intimidation tactic to try to coerce the customer into agreeing to be \"questioned.\" Which the customer would be under no legal obligation to do.</p>\n\n<p>Card counting can't be proven if the counter is not using a device of any kind. The casino can refuse to serve the customer and expel the customer but they can't unilaterally keep the customer's money by not cashing the customer's chips without a judgment.</p>\n\n<p><strong>I am not an attorney. This answer is not legal advice.</strong></p>\n", "score": 5 } ]

[ "united-states", "nevada" ]

[ { "answer_id": 1542, "body": "<p>It is unlikely that you find a <em>commercial</em> provider of a service such as the one you describe that does <em>not</em> require its users to consent to some kind of agreement.</p>\n\n<ol>\n<li>The service provider, in spite of the absence of a contract, is unlikely to be held liable or named as a defendant in proceedings unless it can be shown that they ought to have been aware of the activities being undertaken.<br>\nIf it is found that the service provider reasonably ought to have been aware, and could have taken steps to prevent the activity, they could possibly be named as a defendant, in addition to or instead of the end user.<br>\nSee <em>A&amp;M Records, Inc. v. Napster, Inc.</em>, 239 F.3d 1004 (2001) for a court decision with a similar fact pattern involving copyright infringement, rather than contract breach. It is also unclear whether such a case would be tried in the US, though it is likely.</li>\n<li>The end user is likely to be in breach of Netflix's Terms of Use (relevant clause extracted below); in this case, Netflix would have to sue for breach of contract, and it is quite likely that judgement would be in their favour. The possible damages awarded would vary by jurisdiction.</li>\n</ol>\n\n<p>Essentially - yeah, the user is almost certainly going to breach contract. There generally aren't fines for it, but a court may order restitutional damages and/or an injunction.</p>\n\n<p><a href=\"https://www.netflix.com/TermsOfUse\" rel=\"nofollow\" title=\"Netflix Terms of Use\"><strong>Netflix Terms of Use</strong></a></p>\n\n<blockquote>\n <p>4.3. You may view a movie or TV show through the Netflix service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such movie or TV show. </p>\n</blockquote>\n", "score": 2 } ]

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

[ { "answer_id": 1534, "body": "<p>US copyright law has an exception for <em>fair use</em>; small portions of a copyrighted work may be used without permission, license, or royalties if they are used for educational or demonstrative purposes.</p>\n\n<p>Taking <em>your own</em> screenshots of a commercial software product would probably be fair use. I doubt that a screenshot provided <em>by the developer</em> would be fair use. Such a screenshot would probably be considered a work of its own, and carry a separate copyright. This is why, for example, Wikipedia often prefers original photos of products rather than manufacturers' marketing materials.</p>\n\n<p>Fair use is decided on a case by case basis; it's impossible to know for sure whether a particular use of a copyrighted work is covered by the exception until the copyright holder sues you for infringement.</p>\n\n<p>As for the Creative Commons issue mentioned in the comments on the original question, I don't see a problem. Screenshots of commercial are often used in third party books and magazines with a fair use rationale; the <em>For Dummies</em> series is a great example. I'm conjecturing here, but if you have a legal right to use a portion of a work without permission or license in your own work, I don't see why you wouldn't be able to license that work under any terms you wish.</p>\n", "score": 2 } ]

[ "internet", "intellectual-property" ]

[ { "answer_id": 1412, "body": "<p>Some jurisdictions provide for statutory warranties on fitness and merchantability of goods. The effect of these exclusion clauses will vary between jurisdictions, so I will briefly examine two different effects of law with respect to supply of goods.</p>\n\n<hr>\n\n<p><strong>For the United States, certain warranties are implied in the sale of a product, provided for in the <a href=\"https://www.law.cornell.edu/ucc/2/2-314\" rel=\"noreferrer\">Uniform Commercial Code § 2-314</a>,</strong> </p>\n\n<blockquote>\n <p>(1) Unless excluded or modified (Section 2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchantwith respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.</p>\n \n <p>(2) Goods to be merchantable must be at least such as</p>\n \n <ul>\n <li>(a) pass without objection in the trade under the contract description; and</li>\n <li>(b) in the case of fungible goods, are of fair average quality within the description; and</li>\n <li>(c) are fit for the ordinary purposes for which such goods are used; and</li>\n <li>(d) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and</li>\n <li>(e) are adequately contained, packaged, and labeled as the agreement may require; and</li>\n <li>(f) conform to the promise or affirmations of fact made on the container or label if any.</li>\n </ul>\n \n <p>(3) Unless excluded or modified (Section 2-316) other implied warranties may arise from course of dealing or usage of trade.</p>\n</blockquote>\n\n<p>The <a href=\"https://www.law.cornell.edu/ucc/2/2-315\" rel=\"noreferrer\">Uniform Commercial Code § 2-315</a> states that:</p>\n\n<blockquote>\n <p>Where the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller's skill or judgment to select or furnish suitable goods, there is unless excluded or modified under the next section an implied warranty that the goods shall be fit for such purpose.</p>\n</blockquote>\n\n<p><strong>This means that the warranties in § 2-314 will generally apply to products that are sold, unless excluded as per § 2-316</strong></p>\n\n<p><a href=\"https://www.law.cornell.edu/ucc/2/2-316\" rel=\"noreferrer\">UCC § 2-316</a></p>\n\n<blockquote>\n <p>(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous.</p>\n</blockquote>\n\n<p><strong>Licenses that specifically exclude implied warranty are sanctioned by the UCC, and therefore would be considered in the United States.</strong></p>\n\n<p><a href=\"https://www.law.cornell.edu/ucc/2/2-106\" rel=\"noreferrer\">UCC §2-106</a> defines a sale as passing of title from the seller to the buyer for a price.</p>\n\n<p>States may have additional laws that may affect the interpretation of the UCC. For example, <a href=\"http://law.justia.com/codes/arkansas/2010/title-4/subtitle-1/chapter-1/part-2/4-1-201\" rel=\"noreferrer\">Ark.Code Ann. § 4–1–201(32)</a>:</p>\n\n<blockquote>\n <p>(29) \"Purchase\" means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property.</p>\n</blockquote>\n\n<p>However, <a href=\"http://openjurist.org/370/f3d/197/neuhoff-v-marvin-lumber-and-cedar-company\" rel=\"noreferrer\"><em>Neuhoff v. Marvin Lumber and Cedar Co.</em>, 370 F.3d 197 (1st Cir.2004)</a> held that windows provided free of charge to replace defective windows did not come with implied warranty.</p>\n\n<hr>\n\n<p>However, not all jurisdictions allow the exclusion of implied warranty. For instance, consider <a href=\"http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html\" rel=\"noreferrer\">Australian Consumer Law</a>. (Part 3-2, Division 1):</p>\n\n<blockquote>\n <p>54 Guarantee as to acceptable quality</p>\n \n <p>(1) If:<br>\n (a) a person supplies, in trade or commerce, goods to a consumer; and<br>\n (b) the supply does not occur by way of sale by auction;<br>\n there is a guarantee that the goods are of acceptable quality.<br>\n (2) Goods are of acceptable quality if they are as:<br>\n (a) fit for all the purposes for which goods of that kind are commonly supplied; and<br>\n (b) acceptable in appearance and finish; and<br>\n (c) free from defects; and<br>\n (d) safe; and<br>\n (e) durable;<br>\n as a reasonable consumer fully acquainted with the state and condition of the goods (including any hidden defects of the goods), would regard as acceptable having regard to the matters in subsection (3). </p>\n \n <p>64 Guarantees not to be excluded etc. by contract<br>\n (1) A term of a contract (including a term that is not set out in the contract but is incorporated in the contract by another term of the contract) is void to the extent that the term purports to exclude, restrict or modify, or has the effect of excluding, restricting or modifying: </p>\n \n <p>(a) the application of all or any of the provisions of this Division; or<br>\n (b) the exercise of a right conferred by such a provision; or<br>\n (c) any liability of a person for a failure to comply with a guarantee that applies under this Division to a supply of goods or services.<br>\n (2) A term of a contract is not taken, for the purposes of this section, to exclude, restrict or modify the application of a provision of this Division unless the term does so expressly or is inconsistent with the provision. </p>\n \n <p>67 Conflict of laws<br>\n If:<br>\n (a) the proper law of a contract for the supply of goods or services to a consumer would be the law of any part of Australia but for a term of the contract that provides otherwise; or<br>\n (b) a contract for the supply of goods or services to a consumer contains a term that purports to substitute, or has the effect of substituting, the following provisions for all or any of the provisions of this Division:<br>\n (i) the provisions of the law of a country other than Australia;<br>\n (ii) the provisions of the law of a State or a Territory;<br>\n the provisions of this Division apply in relation to the supply under the contract despite that term. </p>\n</blockquote>\n\n<p><strong>What the above sections mean : (54) there are implied statutory warranties (64) that cannot be excluded by contract, (67) and applies even if the proper law of a contract is not Australia.</strong></p>\n\n<p>It is important to note that these do not depend on the existence of a contract (see 54(1)); gifts are covered, though I am unaware of any case law on this. In addition, title (s51) and non-infringement (\"undisturbed possession\") (s52) must be guaranteed by the supplier and cannot be excluded.</p>\n\n<p>In addition, the mere existence of this statement, purporting to limit or remove guarantees that cannot be limited or excluded, puts the supplier in breach of s29 as they are making a \"false or misleading statement in connection with the supply, possible supply or promotion of goods or services\". This is a criminal or civil offence and can be punished by fines of up to $1.1 million for a body corporate and $220,000 for a person other than a body corporate plus injunctions, damages, compensatory orders and other remedies. However, a simple \"To the extent permitted by law ...\" at the start would make this legal.</p>\n\n<hr>\n\n<p>So, does it have an effect? <em>Sometimes.</em> But not always. And at least in the United States, there are specific requirements if you want to exclude implied/statutory warranty.</p>\n", "score": 11 } ]

[ "liability", "disclaimers" ]

[ { "answer_id": 1397, "body": "<p>You don't specify what country's law you're interested in, but as you mention precedent, I'll assume you're interested in common-law jurisdictions such as the United States.</p>\n\n<p>The short answer is: you won't find any successful lawsuits such as you describe, at least not without some significant additional facts.</p>\n\n<p>In order to be subject to liability, a person needs to commit a breach of some duty. In a civil suit, this needs to be a duty to the plaintiff.</p>\n\n<p>In order for it to be actionable for the doctor to not answer the phone, the doctor would have to have somehow assumed a duty to answer the phone at that particular time. Giving someone your phone number is not, in and of itself, a promise that you will never take a shower, or go to a movie, or let your battery run down, or for any other reason be unwilling or unable to answer your phone at a moment's notice.</p>\n\n<p>In addition, the patient would have to demonstrate that the doctor, by failing to answer the phone, caused some sort of harm. If the patient is having a medical emergency of some sort, the doctor's advice will almost certainly be: \"Hang up and dial 911.\" This is something the patient can do without the doctor's help.</p>\n\n<p>Without some more significant and compelling facts, no court is going to impose a duty on a doctor to sit by the phone waiting for a patient's call.</p>\n", "score": 8 } ]

[ "united-states", "health", "negligence", "medical" ]

[ { "answer_id": 1518, "body": "<p>In general you can dispute and negotiate any bill from a professional. The stronger your arguments for disputing it, and the more coherent your demands for adjustment, the more successful you will tend to be. This is like any business negotiation.</p>\n\n<p>One partner at a very large U.S. law firm once admitted to me that their corporate clients almost always ask for &ndash; and receive &ndash; billing adjustments.</p>\n\n<p>Of course, when push comes to shove, unless you're accusing the lawyer of fraudulent billing, then typically by contract you are liable for the bills.</p>\n\n<p>However, non-lawyers often assume that they will lose any dispute with their lawyers because it seems like lawyers have free access to the legal system. The reality is that there is a significant threshold that must be met before a law firm will <em>sue</em> a client for payment. That threshold will depend on the firm's opportunity costs, the costs of litigation, their assessment of reputational risks, how much they expect to actually collect, and sometimes just how ticked off they are.</p>\n", "score": 3 }, { "answer_id": 1529, "body": "<p>Take it as a given that you can always ask, even ask forcefully, for a discount. If the supplier agrees to a discount then the contract has been modified.</p>\n\n<p>You need to consider:</p>\n\n<ol>\n<li>What you asked your lawyer to do</li>\n<li>What fee you agreed to pay for that work</li>\n<li>Did they perform the work that was asked of them and charge the fee that was agreed?</li>\n</ol>\n\n<p>If the answer to the last question is yes then you are legally obliged to pay.</p>\n\n<p>From your description, it is not clear that the lawyer in question ever offered poor advice. They may have had extremely good reasons for suggesting that you settle early; for a start that reduced everyone's costs and avoids the vagaries of a judge's decision - the law may be fair and impartial but judges are people; you don't want to go in front of a judge who's just had a fight with their spouse.</p>\n\n<p>As for \"not vigorously and competently representing\" you; there is nothing in what you have said that supports this. Suggesting that you settle to you in private does not say anything about how vigorously they put your case to the other side; I have no doubt that their lawyers were suggesting that they settle too.</p>\n\n<p>A year of litigation over a trade mark is an <strong>extremely</strong> rapid case (certainly in Australia it would be). The wheels of justice roll impartially, majestically and <em>slowly</em>! Settling on the steps of the courthouse is <em>extremely</em> common and some litigants actually have that as their plan all along - they hope that you will blink first.</p>\n\n<p>Think of it as a learning experience; look at what it cost you with your lawyers fees and your experts and your own time and the next time you get sued make a without prejudice offer of about 50% of that.</p>\n\n<p>Justice is an expensive luxury - just get on with Business.</p>\n", "score": 1 } ]

[ "united-states", "lawyer" ]

[ { "answer_id": 1515, "body": "<p>The eBay user agreement contains this clause:</p>\n\n<blockquote>\n <p>In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section. </p>\n</blockquote>\n\n<p>The current PayPal agreement says:</p>\n\n<blockquote>\n <p>You may not transfer or assign any rights or obligations you have under this Agreement without PayPal's prior written consent. PayPal reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.</p>\n</blockquote>\n\n<p>It's a good bet that every user agreement you ever clicked on had a similar clause.</p>\n\n<p>What do these clauses mean? They mean that when eBay spins off a new company, they can assign their rights, and your duties, under the contract to the new company. Your assumption that a new user agreement is required is incorrect. </p>\n", "score": 10 }, { "answer_id": 1519, "body": "<p>In the hypothetical:</p>\n\n<p>Assume the following:</p>\n\n<ol>\n<li>User U makes an agreement A with company C.</li>\n<li>C is later acquired by company D.</li>\n</ol>\n\n<p>Then:</p>\n\n<p>D inherits C's obligations to U under A because D is a <strong>successor</strong> to A. Unless that inheritance is specifically prohibited by A.</p>\n\n<blockquote>\n <p><strong>Disclaimer: This analysis is not intended to apply to your or any specific case. I am not giving you legal advice so please do not follow it.</strong></p>\n</blockquote>\n", "score": 2 } ]

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

[ { "answer_id": 1513, "body": "<p>PA is a state that has discussed the mature minor doctrine in <em>Commonwealth v. Nixon</em>, 61 A.2d 1151 (Pa. 2000), however, as you mention, the results are complicated.</p>\n\n<p>The following is not well-cited, but it should give you a lay of the land:</p>\n\n<p><a href=\"http://www.jlgh.org/Past-Issues/Volume-4---Issue-2/Medico-Legal-Matters.aspx\" rel=\"nofollow\">Journal of Lancaster General Hospital (2009)</a></p>\n\n<p>You don't mention a particular area of medicine, but the mature minor doctrine is frequently associated with the controversy on underage reproductive behavior. So let me treat that briefly. The statute governing abortion is <a href=\"http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&amp;ttl=18&amp;div=0&amp;chpt=32\" rel=\"nofollow\">18 Pa.C.S. § 3206</a>, which is about a quarter of the way down the link. The courts are beginning to get involved as well, and a recent \"judicial bypass\" case that dealt with parental consent is <em>re Jane Doe</em>, J-108-2010 (Pa. 2011). </p>\n", "score": 2 } ]

[ "united-states", "pennsylvania", "minor", "medical" ]

[ { "answer_id": 1505, "body": "<p>Bill and Jane are free to enter into a contract where, among other things, each provides valuable consideration; in this case Bill provides valuable lawn mowing services and Jane provides valuable money.</p>\n\n<p>In week No 1 they have negotiated the terms and the contract is complete when Bill mows the lawn and Jane pays the money.</p>\n\n<p>If Bill turns up next week without Jane's instruction then there is no contract and Jane does not have to pay anything; I don't think this is what you are asking but I include it for completeness.</p>\n\n<p>If it is understood that this arrangement continue week after week then either there is an ongoing contract or, more likely, a series of independent contracts.</p>\n\n<p>If there is an ongoing contract, then it can be renegotiated but it cannot be changed unilaterally by Bill. That is, he cannot unilaterally increase the price to $2.</p>\n\n<p>If there is a series of contracts then the terms of each of those contracts will be the same based on the <a href=\"http://legal-dictionary.thefreedictionary.com/Course+of+Dealing\" rel=\"nofollow\">course of dealing</a>. Basically, the parties have accepted over a long period of time that the rate for a mow is $1 and Bill would have to get Jane to accept the revised rate <em>before</em> he mows the lawn. For your example, Jane owes Bill $1 but if she wants him back next week she will have to agree to Bill's rate.</p>\n", "score": 3 }, { "answer_id": 1507, "body": "<p>I think your friend is correct. I think Jane has a good case that she only owes $1. If Bill and Jane did <strong>not</strong> reach a <strong>separate agreement</strong> before Bill mowed the lawn a second time then Jill has a \"<strong>reasonable expectation</strong>\" that the price would be $1 because that was the price the week before.</p>\n\n<p>The fact that the price was not stated or renegotiated between the first and the second mowing creates an implied understanding that the first price is still valid.</p>\n", "score": 3 } ]

[ "business" ]

[ { "answer_id": 1504, "body": "<p>If the lease has expired and the tenant does not have an option then the landlord is under no obligation to offer a new lease; they do not have to give any reason.</p>\n\n<p>They would still need to comply with the notice periods in the lease or it will revert to a month-by-month contract; in that case, the notice period is 1 month.</p>\n", "score": 4 } ]

[ "california", "rental-property", "landlord" ]

[ { "answer_id": 1494, "body": "<p>The UK copyright Act has the concept of &quot;fair dealing&quot; which is more restricted that the US concept of &quot;fair use&quot;.</p>\n<p>For your purposes, Section 30 appears to be applicable:</p>\n<blockquote>\n<p>30 Criticism, review and news reporting.</p>\n<p>(1) Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement and provided that the work has been made available to the public.</p>\n<p>(1A) For the purposes of subsection (1) a work has been made available to the public if it has been made available by any means, including—</p>\n<p>(a) the issue of copies to the public;</p>\n<p>(b) making the work available by means of an electronic retrieval system;</p>\n<p>(c) the rental or lending of copies of the work to the public;</p>\n<p>(d) the performance, exhibition, playing or showing of the work in public;</p>\n<p>(e) the communication to the public of the work,</p>\n<p>but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.</p>\n</blockquote>\n<p>For your reviews, you would need to properly attribute the source of the image that you were using and that source must be legitimate. If you can't find a clear legal pathway from the image you have to the actual copyright holder you could be in trouble (e.g. an image from someone else's blog where that image may have been uploaded illegally). Your best bet is to go to the studio concerned and use images from their official public releases with proper attribution.</p>\n", "score": 3 } ]

[ "copyright", "united-kingdom" ]

[ { "answer_id": 1403, "body": "<p>The fact that a developer is showing off work that he/she has done for other another company doesn't imply that that developer owns any copyright to the work.</p>\n\n<p>In Canada, see the <a href=\"http://laws-lois.justice.gc.ca/eng/acts/c-42/page-7.html#h-7\" rel=\"nofollow\">Copyright Act</a>, § 13 (3):</p>\n\n<blockquote>\n <p>Where the author of a work was in the employment of some other person under a contract of service or apprenticeship and the work was made in the course of his employment by that person, the person by whom the author was employed shall, in the absence of any agreement to the contrary, be the first owner of the copyright</p>\n</blockquote>\n\n<p>and § 13 (4):</p>\n\n<blockquote>\n <p>The owner of the copyright in any work may assign the right...</p>\n</blockquote>\n\n<p>In the US, see <a href=\"https://www.law.cornell.edu/uscode/text/17/201\" rel=\"nofollow\">17 U.S.C. § 201</a> (b):</p>\n\n<blockquote>\n <p>In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, owns all of the rights comprised in the copyright.</p>\n</blockquote>\n\n<p>and § 201 (d):</p>\n\n<blockquote>\n <p>The ownership of a copyright may be transferred...</p>\n</blockquote>\n\n<p>\"<em>What rights should and should not be attributed to the developer?</em>\"</p>\n\n<p>That is a business decision to be made on a case-by-case basis. Advice about the prudent balance of copyright between an employer/client and employee/contractor is legal advice.</p>\n\n<p>\"<em>Is it okay to use this projects as part of the developer's portfolio?</em>\"</p>\n\n<p>If the developer can link to public use of a product that he/she developed for a company, then the developer is not violating copyright by simply advertising that they worked on the product and linking to, without reproducing, the work.</p>\n\n<p>If the developer for whatever reason maintained copyright ownership in the code and other assets, it would not be copyright infringement to reproduce those as part of the portfolio.</p>\n\n<p>If the developer did not maintain copyright ownership in the code or assets, reproducing those may be copyright infringement, dependent on whether the copyright owner allowed the developer to reproduce those elements, or if the reproduction is fair use.</p>\n\n<p>There may be other laws or contracts implicated, though: non-disclosure agreements, trademark law, among others.</p>\n", "score": 4 } ]

[ "copyright", "software" ]

[ { "answer_id": 1490, "body": "<p><strong>This is a <em>developing</em> area within the law.</strong></p>\n\n<p>In the United States, <a href=\"http://codes.lp.findlaw.com/uscode/18/I/47/1030\">18 U.S.C. § 1030</a> (Computer Fraud and Abuse Act) governs. </p>\n\n<p>However, the law is broadly written. <em>This means creative prosecutors can and do win federal criminal cases by arguing the law should apply.</em> Whether violating a website's terms of service should be considered a federal crime subject to the Act has been a subject of hot debate. </p>\n\n<p>In <em>United States v. Nosal</em>, 676 F.3d 854 (9th Cir. 2012), the 9th Circuit decided violations of use should be considered breaches rather than crimes. However, the district court refused to dismiss some charges against Nosal when the case was returned, and a jury conviction resulted in a prison sentence.</p>\n\n<p>At least three different circuits have arrived at other interpretations of the CFAA. Draft legislation (H.R. 2454 and S. 1196) would limit the scope of the CFAA by excluding TOS violations, however, it hasn't been adopted as of this writing.</p>\n\n<p>That CAPTCHA breaking violates website terms of service isn't really in question. For example, see <em>U.S. v. Lowson</em>, 10-cr-114, U.S. District Court, District of New Jersey (Newark) in which the judge brought a criminal case to which two defendants plead guilty to wire fraud, one plead guilty to misdemeanor computer crimes, and a fourth went on the lam.</p>\n\n<p>But does for-profit CAPTCHA solving violate U.S. law? Given the state of the law, one could make a case either way. Given the industry's reputation, serious questions about intended use, and questionable labor practices, that's a significant risk.</p>\n", "score": 9 } ]

[ "united-states", "united-kingdom", "criminal-law", "internet", "canada" ]

[ { "answer_id": 1153, "body": "<p>See <a href=\"http://www.lawstuff.org.uk/the-facts/what-are-childrens-rights\" rel=\"noreferrer\">http://www.lawstuff.org.uk/the-facts/what-are-childrens-rights</a></p>\n\n<p>The relevant parts are:</p>\n\n<p><strong>Wi-fi</strong></p>\n\n<blockquote>\n <p><strong>Freedom of expression and getting information:</strong> You must be able to get and share information with others, as long as this does not damage others (article 13). </p>\n</blockquote>\n\n<p>However, even in the UK, it is unlikely that Wi-Fi, the internet or a computer would be considered essential for this. If you can get a newspaper, reasonable access to a radio and have the ability to socialise then that would probably suffice.</p>\n\n<p><strong>Food</strong></p>\n\n<blockquote>\n <p><strong>Health:</strong> You must also be able to get clean water, nutritious food and live in a healthy environment.</p>\n</blockquote>\n\n<p>Note that this does not require any specific foodstuffs or any drinks other than water.</p>\n\n<p><strong>Bed</strong></p>\n\n<blockquote>\n <p><strong>Standard of living:</strong> You have the right to a standard of living that is necessary for your physical, mental, spiritual, moral and social development.</p>\n</blockquote>\n\n<p>This would include somewhere to sleep; in the UK this would probably be a bed.</p>\n", "score": 6 } ]

[ "united-kingdom" ]

[ { "answer_id": 1173, "body": "<p>Data is not software. The prohibition you quote is against incorporating the programs, apps, web pages, etc., that Amazon has developed for running an internet store into one's own programs, apps, web pages, etc. The product listings themselves are not software.</p>\n\n<p>In addition, sites that redistribute Amazon data (that is, incorporate their product listings) are almost certainly <em>not</em> doing that under the terms of service that you link to. Those are the terms of service for customers, not business partners. There is either a standard redistribution agreement or a specific contract in place. </p>\n", "score": 1 } ]

[ "contract-law" ]

[ { "answer_id": 1075, "body": "<p>In many countries (for instance, the US), churches and mosques are private property. In general, the owner of private property can throw anyone off their property; claiming you're doing an extensive period of praying doesn't matter, because they are under no obligation to let people stay as long as needed to pray (they can kick someone off the property for just about any reason). If there's a contract in play things are different, but contracts aren't in play in this situation.</p>\n\n<p>That said, nothing stops the church or mosque from <em>letting</em> the homeless stay there; this is actually not that uncommon (charity being a fairly common religious virtue).</p>\n", "score": 11 } ]

[ "trespass" ]

[ { "answer_id": 1405, "body": "<p><strong>No</strong></p>\n\n<p>Commercial use is interpreted broadly - anything that is or may lead to (e.g. advertising, pro-bono work etc.) income generation is commercial use. See <a href=\"http://www.thehelpful.com/creativecommons/what-is-commercial-use.html\" rel=\"nofollow\">http://www.thehelpful.com/creativecommons/what-is-commercial-use.html</a> for EU information.</p>\n\n<p>This follows from the relevant <a href=\"http://www.collinsdictionary.com/dictionary/english/commerce?showCookiePolicy=true\" rel=\"nofollow\">definition</a> of commerce as \"the activity embracing all forms of the purchase and sale of goods and services\"</p>\n\n<p>Your proposed use is definitely 100% commercial use.</p>\n\n<p>You should:</p>\n\n<ol>\n<li>Approach the publisher and ask permission, </li>\n<li>Use images you own or have a clear licence for,</li>\n<li>Use public domain images.</li>\n</ol>\n", "score": 1 } ]

[ "copyright" ]

[ { "answer_id": 1408, "body": "<p>House of Air is located in the Golden Gate National Recreation Area, in land owned by the US government and managed by the Presidio Trust (a corporation wholly owned by the US government). As the US government owns the land, and a government-owned corporation leased it to House of Air, House of Air's waiver indemnifies them. It looks odd, but it's just because the US government happens to be House of Air's landlord, and House of Air is indemnifying their landlord.</p>\n", "score": 6 } ]

[ "united-states", "liability", "waivers" ]

[ { "answer_id": 803, "body": "<p>You generally can't protect a product name by copyright in the US (which is the jurisdiction that matters for the American company, assuming they're selling their product in the US). See <a href=\"http://copyright.gov/circs/circ34.pdf\" rel=\"nofollow\">Copyright Protection\nNot Available for Names,\nTitles, or Short Phrases</a> (by the United States Copyright Office):</p>\n\n<blockquote>\n <p>Copyright law does not protect names, titles, or short phrases or expressions. Even\n if a name, title, or short phrase is novel or distinctive or lends itself to a play on\n words, it cannot be protected by copyright</p>\n</blockquote>\n", "score": 1 } ]

[ "copyright" ]

[ { "answer_id": 1407, "body": "<p>It seems unlikely, though I am not licensed to practice law in the United States and you should consult an attorney who is licensed in the relevant jurisdiction for legal advice.</p>\n\n<p>Generally, to prove fraud, there must (among other elements) be a false representation of a material fact. Assuming that you have formed a business in accordance with the relevant laws, there is a business that you own. This satisfies the criterion that you have specified, i.e. that to get a membership card, you need to own a business. You have not falsely represented a fact about the business so far, since it exists in accordance with the law. There is no requirement in any jurisdiction which I am familiar with where a entity must engage in a certain level of trade to be considered a business.</p>\n\n<p>This doesn't necessarily mean that you're good to go. This store may, as a condition of its membership, require that the business engage in a certain level of trade to be eligible for a membership card. If this is the case, and you obtain a membership card even though your business does not meet this level, then fraud may have occurred. </p>\n\n<p>Finally, I should point out that incorporating a company does generally cost money, and the expected savings may not necessarily be worth it.</p>\n", "score": 2 } ]

[ "united-states", "business" ]

[ { "answer_id": 1395, "body": "<p>Health care providers in the US may send protected patient records to other health care providers for the purposes of treatment, either of the patient whose information it was or of a different patient (for instance, a doctor could send a chart of a different patient with a similar issue). This can be done without patient authorization, except for two cases: if the patient has requested more restrictions on use of their information <em>and the provider agreed to those restrictions</em>, and with psychotherapy notes. Source: <a href=\"http://www.hhs.gov/ocr/privacy/hipaa/faq/right_to_request_a_restriction/512.html\" rel=\"nofollow\">HHS</a>.</p>\n\n<p>WhatsApp <em>specifically</em> does not appear to be compliant with HIPAA, which is the US medical privacy law. However, there are many similar systems that are compliant. The body of your question asks about taking a smartphone screenshot; with many secure messaging systems, this is perfectly acceptable, and the principle of a doctor consulting with another doctor about a patient is actually encouraged.</p>\n\n<p>HIPAA violations do not by themselves result in any action against a medical license, nor can anyone besides the US government file suit based on a violation (everyone else is limited to complaining to the US government). Private lawsuits and (especially) license consequences are determined by state law, and are state- and situation-dependent. A doctor who calls a press conference to announce that this patient of his has HIV is more likely to face sanctions than a doctor whose violation was just not using a secure enough messaging client. HIPAA violations like this are not that uncommon, and generally result in at most a fine against the practice.</p>\n", "score": 3 } ]

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

[ { "answer_id": 1383, "body": "<h2>Sources of Liability</h2>\n\n<p>Liability can come from:</p>\n\n<ol>\n<li>Statute law</li>\n<li>Contract law</li>\n<li>Common law</li>\n</ol>\n\n<h2>Statute Law</h2>\n\n<p>There may be (almost certainly are) laws in the jurisdiction where Joes Cheap Carnival are operating relating to Work Health and Safety. </p>\n\n<p>In general, these laws will impose a non-delegable duty (i.e. one you cant get out of) to comply with certain minimum standards. If operating your software as instructed with reasonable assumptions gives results that lead to an unsafe design then you would be liable in both cases.</p>\n\n<h2>Contract Law</h2>\n\n<p>If you are selling this software then you can limit your liability in any way you like providing that the limitation is not unlawful. For example, under Australian Consumer Law (which covers B2B transactions up to AUD$40,000 - how much are you selling for?) you have a non-excludable warranty that the software is fit-for-purpose; so, again, if operating your software as instructed with reasonable assumptions gives results that lead to an unsafe design then you would be liable in both cases.</p>\n\n<h2>Common Law</h2>\n\n<p>Only parties to a contract can take action under a contract; anyone you owe a duty of care to can sue your for negligence. A person injured by a machine your software helped design need to demonstrate:</p>\n\n<ol>\n<li>You had a duty of care; it would be hard to argue you didn't,</li>\n<li>You breached that duty; the software was not \"fit-for-purpose\",</li>\n<li>There was a factual cause in a \"cause and effect\" sense; 'but for' your software there would have been no loss, </li>\n<li>There was a legal (proximate) cause; you may be able to raise something here, if your software was used incorrectly by an engineer, your breach may be too distant</li>\n<li>Harm; the person must suffer real loss.</li>\n</ol>\n\n<p>The only plausible advantage of making your software open source is that you are showing a greater amount of care by allowing your algorithms to be sort-of peer reviewed. This is not a legal shield I would really like to depend on.</p>\n\n<h2>TL;DR</h2>\n\n<ol>\n<li>Nothing can stop someone suing you - if they want to sue you they can sue you.</li>\n<li>Your best defence to a lawsuit is to demonstrate that you did everything a reasonable person could do without the benefit of hindsight</li>\n<li>Do you really think publishing your code is \"everything a reasonable person could do\"?</li>\n<li>You would be far better off:\n\n<ol>\n<li>Taking out professional indemnity insurance</li>\n<li>Validating you algorithms thoroughly</li>\n<li>Engaging an independent third-party to validate your algorithms</li>\n<li>Developing proper and thorough testing procedure for your software</li>\n<li>Testing it in-house</li>\n<li>Engaging an independent third-party to test it</li>\n<li>Thoroughly documenting your software including <em>all</em> the assumptions along with the domains where they are valid and invalid.</li>\n</ol></li>\n</ol>\n", "score": 3 }, { "answer_id": 1386, "body": "<p>The best answer for the whole solution (not only code) is: <strong>it strictly depends on country</strong>.</p>\n\n<ol>\n<li>As for strictly the software, it's easy to drop any potential responsibility. Look at the MIT license:</li>\n</ol>\n\n<blockquote>\n <p>The software is provided \"as is\", without warranty of any kind, express or\n implied, including but not limited to the warranties of merchantability, \n fitness for a particular purpose and noninfringement. In no event shall the\n authors or copyright holders be liable for any claim, damages or other\n liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.</p>\n</blockquote>\n\n<p>In most countries this is completely enough, if your code is freely available (even if it's intentionally stripped out of comments and documentation) and equipped with a full license text + license headers in individual source files.</p>\n\n<p>Of course in case of any potential lawsuit you have to prove, that your software has been provided with such licence clauses. But it's fairly easy, if it's really open source (eg. published on GitHub).</p>\n\n<p>On the other hand, nobody reasonable will take a risk of using such code, when there are \"natural\" risks related to it. And here's the catch.</p>\n\n<p>So, while it's easy to drop responsibility at the \"code layer\", it's more complicated to do so at the \"full solution layer\".</p>\n\n<ol start=\"2\">\n<li><p>As for full solution, I will try to propose a solution based on Polish law. As I wrote above:</p>\n\n<ul>\n<li>the solution will vary between countries</li>\n<li>nobody reasonable will use your code will such license and \"natural\" risks</li>\n</ul></li>\n</ol>\n\n<p>So what you have to do, is to register a \"proxy\" limited liability company with very low capital, that will use your open source code, and will sell some IT services to another, \"real\" company.</p>\n\n<p>The agreement between \"real\" and \"proxy\" company should clearly address all possible responsibility related to these IT services to \"proxy\" company. This way, if something happens, you just liquidate the \"proxy\" company, fix bugs in the code, start another \"proxy\" company and continue operating.</p>\n\n<p>Remember, that you should find a good layer to consult exact details of such agreement, because it's the core source of the differences between countries.</p>\n", "score": 2 } ]

[ "intellectual-property", "contract-law", "liability", "software", "negligence" ]

[ { "answer_id": 1382, "body": "<p>Generalising outrageously:</p>\n\n<p>A state (interpreted broadly as an entity with a functioning judicial system; could be a nation or a state or something else) claims jurisdiction for:</p>\n\n<ol>\n<li>Acts committed by its citizens,</li>\n<li>Acts committed within its territory.</li>\n<li>Certain acts committed <em>against</em> its citizens.</li>\n<li>Exceptionally egregious crimes with an international character (e.g. piracy, genocide)</li>\n</ol>\n\n<p>For your particular example, a state may <em>try</em> to prosecute and its courts <em>might</em> rule that they have jurisdiction if:</p>\n\n<ol>\n<li>The perpetrator were a citizen, and/or</li>\n<li>The act was committed on their territory, and/or</li>\n<li>A citizen is considered to have been a victim of the act.</li>\n</ol>\n\n<p>As this is a matter of jurisdiction only we don't have to worry about things like if such a prosecution is realistic or a conviction is likely; a court would need to be satisfied that it had jurisdiction before it made such a decision anyway. This also lets us avoid the question of if such a statement in a chatroom that requires membership of this site is sufficiently public to offend the law; as far as I am aware most of these laws require <strong>public</strong> expression.</p>\n\n<p>So brushing over all of that then a state in which the statement was published could claim jurisdiction; that would be any state with a sufficiently advanced internet connection that the offending statement could be accessed i.e. pretty much any state that wanted to have a go.</p>\n", "score": 2 } ]

[ "internet", "jurisdiction" ]

[ { "answer_id": 777, "body": "<p>The only requirement is that vehicles on public roads be registered in <em>a</em> state. The rules and requirements for registration vary by state. Suffice it to say that if you can legally keep it registered in any state you do not have to change the registration based on where you live or operate it.</p>\n\n<p>Residency is <em>often</em> a requirement of registration, so if your are not a legal resident of the state of registration you may not be allowed to keep it registered in that state.</p>\n\n<p>You may also be required to change registration due to insurance. For example, in some circumstances an old insurer won't be able to sell you insurance if the car is relocated to another state for an extended period, in which case the requirement to have the vehicle insured could effectively force a change in registration.</p>\n\n<p><strong><em>Amendment:</em></strong> Nate Eldredge points out in the comments that some states <em>do</em> require <em>residents</em> to register their cars in state. I expect this is more common in states that derive significant revenue from vehicle registration, and that enforcement would be commensurate with the size of that tax.</p>\n", "score": 1 } ]

[ "united-states", "driving", "vehicle", "massachusetts" ]

[ { "answer_id": 1373, "body": "<p>This is an amusing idea, but ultimately it seems frivolous: How does one establish the physical presence of a corporation in a car?</p>\n\n<p>Yes, corporations have <em>some</em> of the legal rights and liabilities of people, but they are not people. And there are plenty of rights a person has that a corporation does not. For example (at present) a corporation can't be a party to a marriage. The closest a corporation comes to any corporal presence is the address listed of their agents.</p>\n", "score": 7 } ]

[ "california", "corporate-law" ]

[ { "answer_id": 1333, "body": "<p>Taking the US as an example, the <a href=\"https://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution\">Constitution</a> states</p>\n\n<blockquote>\n <p>Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.</p>\n</blockquote>\n\n<p>Congress or a state government hasn't prohibited you from comparing platforms. Another private entity has. And, that's fine. You're free to launch the app as a separate website, or print out the flyers and hand them to people on the bus, or publish your own monthly magazine comparing various platforms, so you still have freedom of speech and of the press.</p>\n\n<p>As an example, if you write a letter about how great the government of North Korea is to the letters department at Stamp Collectors Magazine, and they don't publish it, have they violated your human rights?</p>\n\n<p>The app store restriction may be quite dumb. After all, the built-in web browser allows the reading of the exact same news. But there's no law against being dumb.</p>\n", "score": 12 } ]

[ "internet", "intellectual-property", "freedom-of-speech" ]

[ { "answer_id": 1349, "body": "<p>The statute doesn't say much in detail (from the New York State <a href=\"http://public.leginfo.state.ny.us/lawssrch.cgi?NVLWO\" rel=\"nofollow noreferrer\">Vehicle and Traffic Law</a> (unfortunately, the site works on javascript, so, you have to navigate by opening the \"Laws\" menu and then making your way from there):</p>\n\n<pre><code> § 1128. Driving on roadways laned for traffic. Whenever any roadway\nhas been divided into two or more clearly marked lanes for traffic the\nfollowing rules in addition to all others consistent herewith shall\napply:\n (a) A vehicle shall be driven as nearly as practicable entirely within\na single lane and shall not be moved from such lane until the driver has\nfirst ascertained that such movement can be made with safety.\n</code></pre>\n\n<p>(b and c are not relevant)</p>\n\n<pre><code> (d) When official markings are in place indicating those portions of\nany roadway where crossing such markings would be especially hazardous,\nno driver of a vehicle proceeding along such highway shall at any time\ndrive across such markings.\n</code></pre>\n\n<p>The last bit, (d), is of interest. Basically, you are allowed to change into the correct lane as long as the pavement markings permit it. The pavement markings at an intersection with a sign like the one you posted are generally solid white lines. These details are governed by the <a href=\"http://mutcd.fhwa.dot.gov/ser-pubs.htm\" rel=\"nofollow noreferrer\">Manual on Uniform Traffic Control Devices</a>, published by the Federal Highway Administration. Their information on pavement markings is available both in PDF and <a href=\"http://mutcd.fhwa.dot.gov/services/publications/fhwaop02090/index.htm\" rel=\"nofollow noreferrer\">HTML format</a>. Pertinently, it says:</p>\n\n<blockquote>\n <p>A double white line indicates that lane changes are prohibited. A single white line indicates that lane changes are discouraged. A dashed white line indicates that lane changes are allowed.</p>\n</blockquote>\n\n<p>Therefore, if the lines separating the lanes are, as usual, solid white lines, you are encouraged to get into the correct lane before the beginning of the solid white line, but you are permitted to change lanes across the solid lines. An example of such marking is in the right-hand example in the given image:</p>\n\n<p><a href=\"https://i.stack.imgur.com/1KZRT.gif\" rel=\"nofollow noreferrer\"><img src=\"https://i.stack.imgur.com/1KZRT.gif\" alt=\"Intersection marking examples from the US Manual on Uniform Traffic Control Devices\"></a></p>\n\n<p>One point of possible contention is that the <a href=\"http://dmv.ny.gov/about-dmv/chapter-4-traffic-control-2#pav-mar\" rel=\"nofollow noreferrer\">New York State Driver's Manual</a> describes the meaning of the solid white line somewhat differently:</p>\n\n<blockquote>\n <p><strong>One solid line:</strong> You can pass other vehicles or change lanes, but you can only do so when obstructions in the road or traffic conditions make it necessary.</p>\n</blockquote>\n\n<p>I don't see any statutory basis for that description, but I may well have overlooked something.</p>\n\n<p>I suppose you know where the signs are specified, since you probably got the image from there, but for anyone reading this who does not know, they are specified in the publication <a href=\"http://mutcd.fhwa.dot.gov/ser-shs_millennium_eng.htm\" rel=\"nofollow noreferrer\">Standard Highway Signs</a>. This is available as a set of PDF files; the relevant file is the one containing <a href=\"http://mutcd.fhwa.dot.gov/SHSe/Regulatory.pdf\" rel=\"nofollow noreferrer\">regulatory signs</a>; the sign in the question is 1-33, and it is in the midst of several similar signs.</p>\n\n<p>If a police officer ticketed you for getting into the lane too late, I suppose you should find a lawyer who specializes in fighting traffic tickets, and ask whether there really is such a thing as \"too late.\" By my reading of the law, there isn't. (Of course, if it's dangerous to change lanes because of other vehicles, you shouldn't change lanes, but if you had, I would suppose the officer should have written a ticket for some other violation, like reckless driving.)</p>\n", "score": 4 } ]

[ "traffic", "new-york-city" ]

[ { "answer_id": 1365, "body": "<p>If the offence was minor than it may be considered 'spent' under the <a href=\"http://www.legislation.gov.uk/ukpga/1974/53/contents\" rel=\"nofollow\">Rehabilitation of Offenders Act 1974</a>. A conviction resulting only in a fine is usually spent after five years. Spent convictions do not normally need to be disclosed, but you should check this with whoever is asking for the information. </p>\n\n<p>Your mother can apply for a copy of her own criminal record by asking <a href=\"https://www.disclosurescotland.co.uk\" rel=\"nofollow\">Disclosure Scotland</a> for a basic disclosure; this costs £25 and takes around two weeks if the application is made online. Due to a quirk in the Disclosure and Barring Service, this is the only way a person can apply for their own disclosure certificate.</p>\n\n<p>Anyone in the UK can apply to Disclosure Scotland, even if they do not live in Scotland. </p>\n", "score": 4 } ]

[ "united-kingdom", "criminal-law", "criminal-record" ]

[ { "answer_id": 670, "body": "<p>The United States gives the accused the right to a fair trial. However, it also gives <em>exceptionally</em> strong protection to the media (and to people in general) to speak on matters of public concern; there are very, very few cases where a US government (federal, state, or local) can legally order someone not to publish something (as opposed to letting it be published and then issuing sanctions). The rule of thumb for content-based restrictions on speech is that they must be the least restrictive way of achieving a compelling government interest. </p>\n\n<p>For trials, there are other ways to achieve a fair trial without restricting the press. One of the most preferred ways to do it is to use the <em>voir dire</em> process, in which jurors can be rejected for prejudice. Courts can also move the trial to a new location; they can grant motions from the defense to delay the trial while things cool down; they can sequester the jurors (meaning that the jurors are kept in a central place and prevented from talking to anyone else or reading anything about the case); if none of these are done, a conviction can potentially be reversed on appeal. US courts will, wherever possible, modify the trial to mitigate the damage done by the press, rather than restrict the press to mitigate the damage to the trial.</p>\n\n<p>For a review of a few different approaches to this in different jurisdictions, you might want to look at <a href=\"http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=1493&amp;context=lcp\">this law journal article</a>.</p>\n", "score": 6 } ]

[ "criminal-law" ]

[ { "answer_id": 1285, "body": "<p><strong>It depends.</strong></p>\n<p>International aviation law is tricky. One effort to set some standards down was <a href=\"http://treaties.un.org/doc/db/Terrorism/Conv1-english.pdf\" rel=\"noreferrer\">the Tokyo Convention</a>, also known as <a href=\"http://en.wikipedia.org/wiki/Tokyo_Convention\" rel=\"noreferrer\">the Convention on Offences and Certain Other Acts Committed On Board Aircraft</a>. Here are some excerpts:</p>\n<blockquote>\n<p>ARTICLE 3</p>\n<ol>\n<li>The State of registration of the aircraft is competent to exercise jurisdiction over offences and acts committed on board.</li>\n</ol>\n<p>. . .</p>\n<p>ARTICLE 4</p>\n<p>A Contracting State which is not the State of registration may not interfere with an aircraft in flight in order to exercise its criminal jurisdiction over an offence committed on board except in the following cases:</p>\n<p>a) the offence has effect on the territory of such State;</p>\n<p>b) the offence has been committed by or against a national or permanent resident of such State;</p>\n<p>c) the offence is against the security of such State;</p>\n<p>d) the offence consists of a breach of any rules or regulations relating to the flight or manoeuvre of aircraft in force in such State;</p>\n<p>e) the exercise of jurisdiction is necessary to ensure the observance of any obligation of such State under a multilateral international agreement.</p>\n</blockquote>\n<p>The commander of the aircraft is also given some powers to restrain the perpetrator or any other person that poses a danger to the aircraft and/or its occupants. S/he is given some other options, such as the choice of where to deliver the offender (though this by no means implies that the person will be prosecuted by that State).</p>\n<p>The Convention (and related documents) was ratified by <a href=\"http://cns.miis.edu/inventory/pdfs/apmunter.pdf\" rel=\"noreferrer\">numerous nations</a>.</p>\n<p>As for the bonus question, there doesn't appear to be any special EU law regarding this. <a href=\"http://www.euintheus.org/what-we-do/policy-areas/transportation/aviation/\" rel=\"noreferrer\">The EASA does not cover these sort of offenses</a>, though it would be the closest to a Europe-wide regulatory body that would be relevant here.</p>\n", "score": 11 }, { "answer_id": 1287, "body": "<p>Whether a state has jurisdiction over a crime or not is determined exclusively by the laws of that state, including any treaties the state has signed. It is entirely possible for multiple countries to have jurisdiction over a crime; this is likely to be just such a situation.</p>\n\n<p>As a practical matter, if there is a murder on an airplane the plane will be making an emergency landing at the nearest airport (or nearest friendly airport, if, say, the pilot finds himself over a war zone) and will be met by local police (because they're the police who are actually around), who will take the suspect into custody. From there, the legal procedures kick in -- either the suspect will be locally charged, he will be set free, or he will be extradited.</p>\n\n<p>The Tokyo Convention does not actually preclude country C from bringing charges. It bans <em>interfering</em> with the aircraft in flight; the country can't automatically order the plane to the ground, although they can do so if they think it's a security risk (e.g. terrorist risk). However, article 3 paragraph 3 explicitly says that the convention's grant of jurisdiction to the country of registration is not exclusive; it specifically does <em>not</em> forbid national legislation from establishing jurisdiction over foreign-registered aircraft.</p>\n\n<p>If country C is the US, they have authority to charge the suspect with murder: <a href=\"https://www.law.cornell.edu/uscode/text/49/46501\">49 USC 46501(2)(C)</a> defines the \"special aircraft jurisdiction of the United States\" to include aircraft in flight in the United States, and <a href=\"https://www.law.cornell.edu/uscode/text/49/46506\">49 USC 46506(1)</a> says that violation of several federal criminal laws (including 18 USC 1111, the federal murder law) in that jurisdiction is punishable as a federal crime.</p>\n\n<p>If country C is the UK, the <a href=\"http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_transport_offences/index.html#aircraft\">Crown Prosecution Service</a> states that UK law gives jurisdiction over offenses committed on aircraft in flight over the UK. <a href=\"https://books.google.com/books?id=M1nl_TLr9OcC&amp;pg=PA161&amp;lpg=PA161&amp;dq=uk+aircraft+jurisdiction&amp;source=bl&amp;ots=vbqV1w1dzo&amp;sig=gr7LGTfUSgK6L9vLXMpTI-hnLEo&amp;hl=en&amp;sa=X&amp;ved=0CD8Q6AEwBWoVChMIleK23unvxgIVBs-ACh3DjAKG#v=onepage&amp;q=uk%20aircraft%20jurisdiction&amp;f=false\">Blackstone's Criminal Practice 2012</a> states that this is a common-law principle. No mention is made of any EU rules on the CPS page, although that doesn't necessarily mean there aren't any.</p>\n\n<p>If the aircraft in fact lands in country B, and country B is the US or UK, national law gives that country's courts jurisdiction. If the act <a href=\"http://www.un.org/en/sc/ctc/docs/conventions/Conv3.pdf\">endangers the plane</a> or is <a href=\"https://treaties.un.org/doc/db/Terrorism/Conv2-english.pdf\">part of a hijacking</a>, both the country of registration and the country where the plane ultimately lands with the person on board have jurisdiction, regardless of where the incident happened (even if it was over international waters). Both of those treaties do not rule out any other country having jurisdiction either.</p>\n", "score": 7 } ]

[ "international", "jurisdiction", "aviation", "homicide" ]

[ { "answer_id": 1360, "body": "<p>I have extensive domain knowledge of your question.</p>\n<p>In short, your plan won't work. Here's why...</p>\n<hr>\n<h3>Corporate Taxation and the double taxation problem</h3>\n<p>Corporations are taxed in the U.S. as separate legal entities (unless they meet certain exceptions described below). Therefore, if your corporation does not avoid being taxed as a separate legal entity, your plan will fail due to the “double taxation” problem. I.e, Your corporation will be taxed first at the corporate level. Then after you pay the corporate tax, YOU WILL BE TAXED AGAIN as an individual, when you take the money out of the corporation via income or dividends. Or if you decide to leave the money in the corporation, there is an excess retained earnings penalty.</p>\n<hr>\n<h3>Subchapter-S election and \"flow-through\" entities</h3>\n<p>The way to avoid the double taxation problem is to make a &quot;Subchapter-S election” for your corporation. This &quot;S-election&quot; will cause the corporation to be treated as a “flow through” entity for taxation purposes — allowing the owners to be taxed at the individual level only. The IRS imposes additional limitations and restrictions on these &quot;S-corporations&quot; and their ownership structures. Limiting things like the number of owners the corporation can have etc. The problem is that even with this subchapter S election, your concept still won’t work. This is because ALL your income will &quot;flow through” all your corporations (via IRS Form K-1) and accrue to you at the individual level. Therefore, nullifying the “compartmentalization of income” effect you were trying to achieve.</p>\n<hr>\n<h3>Conclusion</h3>\n<p>In short, your plan won’t work. There are too many rules in place to effectively close the loophole you imagined might be.</p>\n<blockquote>\n<p><strong>Disclaimer:</strong> I am not a lawyer or an accountant. This answer is not legal or accounting advice. Please consult the proper professionals for appropriate professional advice.</p>\n</blockquote>\n", "score": 5 }, { "answer_id": 1300, "body": "<p>Generally speaking, this is handled by the rules on \"<a href=\"http://www.irs.gov/pub/irs-tege/epchd704.pdf\" rel=\"nofollow\">controlled groups</a>.\" See Revenue Code §1563(a) for \"mechanical ownership tests, which are used in determining if a controlled group situation exists.\" </p>\n", "score": 2 } ]

[ "united-states", "corporate-law", "tax-law" ]

[ { "answer_id": 1357, "body": "<p>Keep in mind that for a real project with real money on the line you should consult with a business lawyer who can tailor a form to the specifics of your project and team. </p>\n\n<p>That said, this is the first google result for 'Agile Software Contracting' (and there are many others):</p>\n\n<p><strong><a href=\"http://www.agilecontracts.org/\" rel=\"nofollow\">Agile Contracts</a></strong><BR>\n<em>Contracting for agile software development is fundamentally different from traditional project contracting. Using traditional contracts for an agile development project can endanger the project execution and causes the company to fail to get the potential benefits of agile development. <BR><BR>\nThe purpose of this page is to collect references to agile contracting to support organizations to change their contracting models, reduce risk and get more benefits out of adopting Agile development.</em><BR><BR>\n<a href=\"http://www.agilecontracts.org/agile_contracts_primer.pdf\" rel=\"nofollow\">THE AGILE CONTRACTS PRIMER</a> (PDF)</p>\n", "score": 3 } ]

[ "contract-law" ]

[ { "answer_id": 1354, "body": "<p>The only legal requirement for bill origination is that <strong>tax bills must originate in the House of Representatives</strong>.</p>\n\n<p>Otherwise, simultaneous origination is quite common. Differences are resolved through a process called \"reconciliation\" prior to passage.</p>\n", "score": 4 } ]

[ "united-states", "us-senate", "bills", "us-house-of-reps" ]

[ { "answer_id": 1346, "body": "<p>Assuming that the aircraft is allowed to operate in Australia, that the pilot was licensed, communications were to spec etc. then the answer is given in <a href=\"https://www.airservicesaustralia.com/aip/current/dah/dah.pdf\" rel=\"nofollow\">designated Airspaces handbook</a>.</p>\n\n<p>Without going into details the airspace above Sydney is controlled and permission from Airservices Australia would be needed.</p>\n", "score": 3 } ]

[ "australia" ]

[ { "answer_id": 100, "body": "<p>The answer is going to depend on what jurisdiction you're talking about. But I can give you some general principles that apply, in most cases, in the U.S. at least.</p>\n\n<p>\"Homicide\" is a general term for the killing of one person by another. If someone died, and another person caused it, it's homicide.</p>\n\n<p>\"Murder\" and \"manslaughter\" are specific crimes, usually now defined by state criminal statutes. The specifics are going to differ from state to state, but in general, murder is the more serious crime and carries a more serious punishment. </p>\n\n<p>So if a person dies at another person's hand, it is a homicide, and it may also be murder or manslaughter.</p>\n\n<p>The way the law distinguishes between murder and manslaughter usually has to do with the killer's mental state. For example, a state with three homicide offenses might break them down like this:</p>\n\n<ul>\n<li>Murder: \"I killed him because I wanted to steal his wallet.\"</li>\n<li>Voluntary manslaughter: \"I killed him because I just found out he was sleeping with my wife.\"</li>\n<li>Involuntary manslaughter/negligent homicide: \"I didn't mean to kill him, but I was drunk and didn't see the stop sign.\"</li>\n</ul>\n\n<p>These homicide offenses will then be further subdivided into degrees based on aggravating or mitigating factors. For instance, in some states there is a very limited definition for first degree murder, which may be the only offense that allows the death penalty (example: murder of a police officer, murder while serving a life sentence).</p>\n", "score": 12 }, { "answer_id": 140, "body": "<p>Murder is intentional and premeditated killing. Manslaughter is also criminal killing but is not murder, because it is not premeditated e.g. someone comes home and discovers the spouse in bed with someone else, and \"kills.\" That's voluntary manslaughter. Homicide is killing, criminal or not, so \"self defense\" or accidental killing is homicide. All murder and manslaughter is homicide, but not all homicide is manslaughter or murder.</p>\n\n<p>There's another category of involuntary manslaughter.</p>\n\n<p>Example: You are driving in a residential neighborhood at a \"safe\" speed of 10 mph. A small child rushes under your car, you can't swerve, and kill the child. That's accidental killing, <em>not</em> \"manslaughter.\"</p>\n\n<p>Example: You are driving in the same neighborhood at 30 mph. That's well above the 15 mph considered \"safe.\" If you hit a child, you will now be charged with <em>criminal</em> involuntary manslaughter, or homicide, because of your \"reckless disregard\" for safety.</p>\n\n<p>Example: You are driving at 10 mph, but are DUI, which slows your reflexes. If you now hit a child while under the influence of alcohol, that's criminal involuntary manslaughter.</p>\n", "score": 7 } ]

[ "criminal-law", "homicide", "murder", "manslaughter" ]

[ { "answer_id": 1336, "body": "<p>Many states deal with trespass as an issue you can get an injunction for even if there is no damage to your property at all. For example, in Virginia, the circuit courts require a minimum of $4500 in damages if you are seeking money, but if you ask for an injunction to prevent repeated trespasses, they'll give it to you.</p>\n\n<p>I think the question mistakes slightly the difference between \"law\" and \"equity\" in American courts. Amounts of monetary damages are usually damages under law, and there would be requirements that a sufficiently small legal claim be brought in a small claims court that cannot issue an injunction. On the other hand, disrespect for property rights is typically an equitable claim, and can be heard by a court with injunction powers no matter how minimal the actual damage is.</p>\n", "score": 2 }, { "answer_id": 1295, "body": "<p>Well, your examples are sort of edge cases. In most circumstances, there's scant reason to want to improve someone else's property in the first place. And just because a legal remedy might be expensive for the plaintiff to obtain does not mean that it's cheap for the defendant. Thus it still has deterrent value. </p>\n", "score": 1 } ]

[ "united-states", "common-property", "injunctions" ]

[ { "answer_id": 1252, "body": "<p>Legal malpractice varies from jurisdiction to jurisdiction. In many you'd need to show that there existed an: </p>\n\n<ul>\n<li>Attorney-client relationship</li>\n<li>Breach of duty</li>\n<li>Causation</li>\n<li>Harm</li>\n</ul>\n\n<p><a href=\"https://www.justia.com/injury/legal-malpractice/\" rel=\"nofollow\">This</a> is a more in depth summary of each of the elements. Each jurisdiction is going to put tests in place to determine whether the elements are actually met. So your firend's locality matters a good deal.</p>\n\n<p>The ABA also has some aggregate statistics on the incidence of the various types of malpractice <a href=\"http://www.americanbar.org/publications/law_practice_home/law_practice_archive/lpm_magazine_webonly_webonly07101.html\" rel=\"nofollow\">here</a>. For example, it helps one to distinguish between clerical errors and failure to follow a client's instructions.</p>\n\n<p>Edit: for the state of NY (which applies the above rules), see:</p>\n\n<p><a href=\"https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=26638\" rel=\"nofollow\">NY State Bar Assoc. Code of Professional Responsibility</a></p>\n\n<p><a href=\"http://www.americanbar.org/content/dam/aba/migrated/cpr/mrpc/mcpr.authcheckdam.pdf\" rel=\"nofollow\">ABA Model Code</a></p>\n", "score": 2 } ]

[ "united-states", "new-york-state", "malpractice" ]

[ { "answer_id": 1310, "body": "<p>A statement cannot be libel unless it actually identifies the plaintiff to defame him. The identification need not be by name, but it must be specific enough that the public would be able to determine who the statement referred to. You can read more about this concept at <a href=\"https://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/04/05/libel-law-and-the-rolling-stone-uva-alleged-gang-rape-story-an-update-in-light-of-the-columbia-school-of-journalism-report/\" rel=\"nofollow\">Prof. Eugene Volokh on Libel Law</a></p>\n\n<p>Therefore, if nobody other than the plaintiff or defendant learned about the connection before the filing of the case or the publication of discovered emails, the original work of fiction was not a libel. And by telling everyone that the connection existed, yes, the plaintiff was impliedly consenting to any further alleged libel and it would be a defense from liability for the plaintiff.</p>\n\n<p>Furthermore, there wouldn't be libel unless whatever the fictional character did was untrue (something the real plaintiff didn't do) and the public would think that whatever the character did was actually an assertion that the real plaintiff did it. I could write a satire about a President Brock O'Bama who is actually a lizardman in disguise, and that's my First Amendment right, not a slander of the President.</p>\n\n<p>Disclaimer: only describing the common law and majority rules. State laws may differ.</p>\n", "score": 4 } ]

[ "united-states", "libel" ]

[ { "answer_id": 1323, "body": "<p>As long as you own the copyright to the works, you can even publish the <a href=\"http://www.linuxinsider.com/story/38172.html\">source code itself under two different licenses</a>, which can be radically different. For example, <a href=\"https://www.mysql.com/about/legal/licensing/foss-exception/#3\">MySQL</a> is licensed under both a commercial and an open-source license. </p>\n\n<p>Given that you can publish a single piece of work as multiple licenses, it is your choice which one you wish to grant to the book or the code, as long as you own the copyright. </p>\n", "score": 9 } ]

[ "copyright", "licensing" ]

[ { "answer_id": 1307, "body": "<p>Even if the authorities <em>aren't</em> injured, the homeowner may well face criminal charges. Many states make it illegal to set booby traps; for instance, California makes it a felony in <a href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&amp;group=20001-21000&amp;file=20110\">section 20110 of the Penal Code</a>. The definition of \"boobytrap\" in the code is \"any concealed or camouflaged device designed to cause great bodily injury when\ntriggered by an action of any unsuspecting person coming across the\ndevice;\" on the face of it, it is definitely not clear that a generic \"there are traps\" sign makes it not a boobytrap (whereas a sign <em>on</em> the trap announcing its presence probably would).</p>\n\n<p>If a trespasser falls victim to a trap, that can be grounds for a successful lawsuit against the homeowner; see <em>Katko v. Briney</em> (an Iowa civil case). The duty of care to trespassers is low; there's no general duty to mitigate hazards. However, one part of the duty is generally that one may not lay a trap for trespassers (example: <a href=\"http://www.cga.ct.gov/2002/rpt/2002-R-0365.htm\">report from Connecticut Office of Legal Research</a>).</p>\n", "score": 16 }, { "answer_id": 1305, "body": "<p>Unequivocally <strong>yes</strong>; the home owner would potentially be liable for damages and possibly with the crimes of grievous bodily harm and/or manslaughter.</p>\n\n<p>Specifics will vary by state jurisdiction but the general common law remedy would be the tort of negligence. One of the recognised duties of care is of a occupier to entrants. Entrants include those with express permission (e.g. guests), by implied permission (e.g. the postman) and even in some circumstances uninvited visitors (especially children and \"innocent\" trespassers). An \"innocent\" trespasser is a person on property without express permission but who has not a) broken in and b) been asked to leave.</p>\n\n<p>The law enforcement officers in the circumstances you describe, where the person is cooperative, would fall into the first category. Even without permission, they would probably fall into the second category and certainly the third if they were engaged in the lawful course of their duties. The validity of the warrant is irrelevant; if the officers genuinely believe that it is valid then they are acting lawfully. They could also enter lawfully if they had probable cause.</p>\n\n<p>Having established that the duty exists, the occupier must take reasonable care not to cause injury to visitors. \"Reasonable\" is an objective measure and takes account of the circumstances, for example:</p>\n\n<ul>\n<li><p>if the land is used as a military live firing range where the \"traps\" consist of unexploded ordinance, then erecting a barbed wire fence 6 foot high with signs in the most commonly used languages for the area is probably reasonable</p></li>\n<li><p>if the land is used for hunting and signposted as such and the traps are for wild animals, are deployed only for the period of the hunting and signposted at the location then that is probably reasonable.</p></li>\n<li><p>if the land is a private home then <em>prima facie</em>, booby-trapping it with the intent to injure or kill people is not reasonable and erecting signs does not make it so. In these circumstances the action is not just negligent, it is criminally negligent and any injuries or deaths caused would be criminal as well as open to civil remedies.</p></li>\n</ul>\n\n<p>The <a href=\"https://en.wikipedia.org/wiki/Castle_doctrine\">Castle Doctrine</a> is inapplicable see <a href=\"https://en.wikipedia.org/wiki/Castle_doctrine#Conditions_of_use\">this</a> section.</p>\n", "score": 8 } ]

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

[ { "answer_id": 1312, "body": "<p>(US Answer) Under the Model Rules of Professional Conduct, \"<em>A lawyer may reveal information relating to the representation of a client to the extent the lawyer <strong>reasonably</strong> believes necessary... to prevent <strong>reasonably</strong> certain death or substantial bodily harm...</em>\" Most states have incorporated the MRPC into their own state legal ethics codes.</p>\n\n<p>Therefore, as to whether a lawyer may tell the police, it comes down to whether death is reasonably certain, and whether the lawyer reasonably believes disclosure is necessary to prevent the death. In the case of a person buried alive, death is reasonably certain, and whether the disclosure is reasonable will be based on what the lawyer knows and doesn't know - was it a month ago? ten minutes ago? etc. If the lawyer believes it is too late, he is obligated to stay quiet. If he believes there is a chance of saving the life, and that belief is later judged reasonable if he is investigated, there will be no penalty for him if he discloses.</p>\n\n<p>There is no duty for a lawyer to report a crime committed by a non-lawyer/non-judge, so non-disclosure should have no negative ramifications legally.</p>\n\n<p>Disclosure found to be unreasonable could be punished by private censure, public censure, suspension of license, or even disbarment, depending on the view of the bar association's ethics investigators.</p>\n", "score": 6 }, { "answer_id": 156, "body": "<p>I found <a href=\"http://www.sgrlaw.com/resources/trust_the_leaders/leaders_issues/ttl5/916/\" rel=\"nofollow\">this excellent write up</a> on the limitations of attorney-client privilege</p>\n\n<blockquote>\n <p>The privilege applies only if (1) the\n asserted holder of the privilege is or sought to become a client; (2)\n the person to whom the communication was made (a) is a member of the\n bar of a court, or his subordinate and (b) in connection with this\n communication is acting as a lawyer; (3) the communication relates to\n a fact of which the attorney was informed (a) by his client (b)\n without the presence of strangers (c) for the purpose of securing\n primarily either (i) an opinion on law or (ii) legal services or (iii)\n assistance in some legal proceeding, and not (d) for the purpose of\n committing a crime or tort; and (4) the privilege has been (a) claimed\n and (b) not waived by the client.\" <br/>\n _{*Source: United States v. United Shoe Mach. Corp., 89 F. Supp. 357, 358-59 (D. Mass. 1950)}</p>\n</blockquote>\n\n<p>So based on this there could be several things that would apply that would limit the attorney-client privilege.</p>\n\n<p>If the attorney had never represented the \"client\" and had not entered into some sort of an agreement where the client could reasonable expect that the privilege would be granted. Something to the effect of: </p>\n\n<blockquote>\n <p>client:I commited a crime and would like you to represent me.<br>\n Lawyer: Ok tell me what happened</p>\n</blockquote>\n\n<p>Here the client clearly indicated he was looking for representation and the attorney indicated he understood and asked for the details. In this case, based on the criteria set out in USvUSMC(quoted above) the privilege would exist.</p>\n\n<p>Now if the client indicates that he left the victim to die, then yes the privelege could be breached due to:</p>\n\n<blockquote>\n <p>Crime or Fraud Exception. If a client seeks advice from an attorney to\n assist with the furtherance of a crime or fraud or the post-commission\n concealment of the crime or fraud, then the communication is not\n privileged. If, however, the client has completed a crime or fraud and\n then seeks the advice of legal counsel, such communications are\n privileged unless the client considers covering up the crime or fraud.</p>\n</blockquote>\n\n<p>The attorney has reasonable belief that a crime is still being committed and allowing the victim to die. In fact if the body had not been found then it could be argued that the failure to report a death crime is ongoing and could breach privilege. </p>\n\n<p>Now if the client barged in, confessed the crime, then asked if the attorney would represent him, the attorney could reasonably state that no privilege exists, and could share the confession with the authorities.</p>\n", "score": 1 } ]

[ "criminal-law" ]

[ { "answer_id": 800, "body": "<p><strong>I'm not a lawyer; I'm not <em>your lawyer</em></strong>.</p>\n\n<p>In this case, if you don't have a valid ticket (or refuse to produce one), and don't provide your name and address, the officer of a railway company may detain you¹ (my emphasis):</p>\n\n<blockquote>\n <p><strong>If a passenger</strong> having failed either to produce, or if requested to deliver up, a ticket showing that his fare is paid, or to pay his fare, <strong>refuses or fails on request</strong> by an officer or servant of a railway company, <strong>to give his name and address</strong>, <strong>any officer of the company may detain him until he can be conveniently brought before some justice</strong> or otherwise discharged by due course of law.</p>\n</blockquote>\n\n<p>Essentially, if you don't have a ticket and are asked to show one, it would seem that you are required to provide either your name and address, or pay your fare. </p>\n\n<p>The only cases I can find where s 5(2) has been cited were: </p>\n\n<ul>\n<li><em>Covington v. Wright</em> [1963] 2 QB 469<br>\nThe defendant boarded a bus and travelled further than the fare was paid for. However, being a case involving a bus and a train, one would assume that the legislation and therefore the case is not authoritative for trains. However, the London Passenger Transport Act cited herein seems to have the same effect as the Regulation of Railways Act. </li>\n<li><em>Ormiston v. Great Western Railway Company</em> [1917] 1 KB 598<br>\nThis case involves a passenger travelling on a valid, first-class ticket, then being detained by a porter who claimed that they had held only a <em>third</em> class ticket. He was released and was not entitled to special damages simply as a result of slander.</li>\n</ul>\n\n<p>On the relevant question of citizens' arrests, it was found later that²: </p>\n\n<blockquote>\n <p>Court had to consider the question whether it is necessary to allege that the words impute an indictable offence, and it was held that it was not necessary. Pollock B. in giving judgment said: “The expression ‘indictable offence’ seems to have crept into the text-books, but I think the passages in Comyns' Digest are conclusive to shew that words which impute any criminal offence are actionable per se. </p>\n</blockquote>\n\n<p>That is, the notion that the offence must be <em>indictable</em> seems not to be based in common law.</p>\n\n<p>As for your question about your rights - the power to arrest you though the punishment is only a fine does not support an action for special damage on its own. You should probably consult a lawyer if you are so detained, as there does not seem to be anything in the Act that allows the company to prohibit you from doing so - or from doing else, for that matter, so long as you do not breach the peace or act in some other tortious manner.</p>\n\n<p>You would also likely to be free to pay the fine (or produce the ticket, if you had one and had not done so by this point in time), or provide your name and address. If you were detained without cause - that is, you were not given the option to supply your name, or not given the opportunity to produce your ticket or pay the balance of the fare, then you may be entitled to damages under a claim of an action of false imprisonment.</p>\n\n<blockquote>\n <p>_{Apologies for the lack of links to the cases - I've used paid databases so they likely wouldn't work, but you can try to find these cases in BAILII or some other database you might have access to.}</p>\n</blockquote>\n\n<hr>\n\n<p>^{\n1. <a href=\"http://www.legislation.gov.uk/ukpga/Vict/52-53/57/section/5\" rel=\"nofollow\"><em>Regulation of Railways Act</em> 1889 52 &amp; 53 Vict c 57 s 5(2)</a><br>\nThis legislation has had numerous amendments and restrictions applied - you should consider the full extent of these as applicable to the specific location where such an incident occurs.<br>\n2. <em>Hellwig v Mitchell</em> [1910] 1 KB 609<br>\n}</p>\n", "score": 11 } ]

[ "united-kingdom", "human-rights" ]

[ { "answer_id": 1261, "body": "<p>In the abstract, two businesses that cooperate in violating a third party's copyright could both face liability. Applying that information to the facts you gave would amount to legal counsel. If you don't want to tell the client 'no,' you should speak to a lawyer about your potential liability. </p>\n\n<p>Beyond the legalities, do you really want your portfolio to advertise that you design sites by ripping other sites off?</p>\n", "score": 7 } ]

[ "copyright", "canada" ]

[ { "answer_id": 1271, "body": "<p><strong>General Resource</strong>: the U.S. Department of Education puts out a nice <a href=\"http://safesupportivelearning.ed.gov/school-discipline-compendium\" rel=\"nofollow\">compendium</a> of the various state laws. </p>\n\n<p>Below are my jurisdictions.</p>\n\n<p><strong>Illinois</strong>: <a href=\"http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=010500050K10-22.6\" rel=\"nofollow\">(105 ILCS 5/10-22.6)</a></p>\n\n<p>In brief, school administrators may be delegated the authority to suspend students for gross disobedience or misconduct without consulting the board or the parents. In this case they must notify parents of the suspension, forward a full statement of reasons for the suspension, and notify the parents of their right to have it reviewed by the board. Expulsions, on the other hand, require a hearing at the board.</p>\n\n<p>Much of the due process for suspensions came frome <em>Goss v. Lopez</em>, 419 U.S. 565 (1975).</p>\n\n<p>Of interest, language changes took effect in 2011 authorizing suspension for gross disobedience or misconduct <em>using electronic means</em>.</p>\n\n<p><strong>North Carolina</strong>: (<a href=\"http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl?Chapter=0115C\" rel=\"nofollow\">NCGS 115C</a>)</p>\n\n<p>In particular, Article 27 deals with discipline. The law distinguishes between short-term, long-term, and 365-day suspensions (...the latter is for firearm possession). <a href=\"http://safesupportivelearning.ed.gov/sites/default/files/discipline-compendium/North%20Carolina%20School%20Discipline%20Laws%20and%20Regulations.pdf\" rel=\"nofollow\">This</a> is a fairly good summary of NC School Discipline Laws and Regulations (prepared by ed.gov), while <a href=\"https://law.duke.edu/childedlaw/schooldiscipline/downloads/discipline_manuscript.pdf\" rel=\"nofollow\">this</a> is a good summary of the governing case law.</p>\n", "score": 6 }, { "answer_id": 1272, "body": "<p>Education is a matter of state law, trumped in some areas by rights under federal law. And, of course, local laws or regulations may exist to address the specifics of administrative proceedings required by state and federal law.</p>\n\n<p>Here are the California Education Code <a href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=edc&amp;group=48001-49000&amp;file=48900-48927\" rel=\"nofollow\">sections on suspension</a>. </p>\n\n<p>Here is the Los Angeles Unified School District's page on <a href=\"http://achieve.lausd.net/Page/3033\" rel=\"nofollow\">appeal of suspension</a>. Expulsion appeals are handled by the <a href=\"http://www.lacoe.edu/StudentServices/AppealsandResolutions.aspx\" rel=\"nofollow\">county board</a>. Recourse to the courts would be by petition for a <a href=\"http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&amp;group=01001-02000&amp;file=1084-1097\" rel=\"nofollow\">writ of mandamus</a>, under California law. Other states may have different procedures. </p>\n", "score": 3 } ]

[ "united-states", "education" ]

[ { "answer_id": 862, "body": "<p>Yes, legislative bodies can pass legislation that constrains the interpretation of the rest of their legislation.</p>\n\n<p>In the U.S., see <a href=\"https://www.law.cornell.edu/uscode/text/1/chapter-1\" rel=\"nofollow\">1 U.S.C §1-8</a>.</p>\n\n<p>In Canada, see <a href=\"http://laws-lois.justice.gc.ca/eng/acts/i-21/FullText.html\" rel=\"nofollow\">The Interpretation Act</a>.</p>\n\n<p>In British Columbia, see <a href=\"http://www.bclaws.ca/civix/document/id/complete/statreg/96238_01\" rel=\"nofollow\">The Interpretation Act</a>.</p>\n\n<p>As an example of a back-and-forth between the courts and congress regarding a setting a standard of review, consider the passage of the Religious Freedom Restoration Act (RFRA). Summarizing from <em>Holt v. Hobbs</em> 574 U. S. ____ (2015):</p>\n\n<ul>\n<li>In <em>Employment Div., Dept. of Human Resources of Ore. v. Smith</em>, 494 U. S. 872 (1990), the Supreme Court held that \"neutral, generally applicable laws that incidentally burden the exercise of religion usually do not violate the Free Exercise Clause of the First Amendment\".</li>\n<li>Congress desired a stricter test that prohibited the burdening of religion <em>regardless</em> of whether the laws are neutral or generally applicable.</li>\n<li>Congress passed RFRA in 1993, which required that \"[g]overnment shall not substantially burden a person’s exercise of religion even if the burden results from a rule of general applicability, unless the government demonstrates that application of the burden\nto the person — (1) is in furtherance of a compelling governmental\ninterest; and (2) is the least restrictive means\nof furthering that compelling governmental interest\".</li>\n</ul>\n\n<p>RFRA was passed with the goal of setting the standard of review for all other legislation that burdens a person's exercise of religion. Without RFRA, the standard of review would have been that used in <em>Smith</em>, based solely on First Amendment protections. <em>With</em> RFRA, the standard of review became stronger, basically strict scrutiny.</p>\n\n<p>An example of Congress setting the factors to be used in a balancing test is the addition of fair use via the Copyright Act of 1976. Prior to 1976, courts had been applying a fair use exception based on common law rather than statute. The act encoded in statute the four factors that Congress wanted to be considered and listed several purposes for which fair use was explicitly applicable. In this case, Congress basically codified the fair use doctrine as it was being used at the time by the courts. It could be considered an expression of approval for the existing interpretation of the time and a desire to prevent drift in that analysis.</p>\n", "score": 6 }, { "answer_id": 1275, "body": "<p>See also the Rules of Decision Act (28 U.S.C. § 1652) which requires the application of State law in Federal courts, serving a meta-function:</p>\n\n<blockquote>The laws of the several states, except where the Constitution or treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply.</blockquote>\n\n<p>In California, the following statutes fix general rules of construction for statutory interpretation:</p>\n\n<ul>\n<li>California Civil Code §§ 5, 13, 21 </li>\n<li>California Code of Civil Procedure §§ 4, 16, 1858, 1859</li>\n<li>California Penal Code §§ 4, 7, 7.5</li>\n</ul>\n\n<p>More specific sub-areas of law may have their own statutory rules of intepretation. And way down in the weeds, there are the definitions of terms specific to their usage in specifics groups of statutes, which are not always in harmony.</p>\n\n<p>However, statutory rules of interpretation are themselves open to judicial interpretation and extension or specification. For example:</p>\n\n<p><em>Calla Tayud vs. State of California</em> (1998) 18 Cal.4th 1057, 1065. </p>\n\n<blockquote>\nThe fundamental purpose of statutory construction is to ascertain the intent of the lawmakers as to effectuate the purpose of the law [Citations.] In order to determine this intent, we began by examining the language of the statute [Citation.] 'But [i]t a settled principle statute interpretation and language of this statute should not be given a literal meaning if doing so would result in absurd consequences which the Legislature did not intend' [Citations.] Thus, '[t]he intent prevails over the letter and the letter will have possible be so read as to conform to the spirit of the act' [Citations.] Finally, we do not construe statutes in isolation, but rather read every statute 'with reference to the entire scheme of law of which it is part so that the whole may be harmonized and retain effectiveness. </blockquote>\n", "score": 3 } ]

[ "united-states", "judging" ]

[ { "answer_id": 1269, "body": "<p>The Supply of Goods and Services Act doesn't apply here. Section 1(1) says that the only contracts concerning goods covered by the Act are those 'under which one person transfers or agrees to transfer to another the property in goods'. A lease doesn't transfer the cooker to you: it gives you exclusive possession of a dwelling containing the cooker. The cooker remains the property of the landlord.</p>\n\n<p>Assuming that your lease is for fewer than seven years, the statutory provision for a landlord's repair obligations is set out in <a href=\"http://www.legislation.gov.uk/ukpga/1985/70/section/11\" rel=\"nofollow\">s11 Landlord and Tenant Act 1985</a>. Unfortunately this does not help you: although the landlord is responsible for maintaining the gas and electricity supply equipment, the Act specifically excludes 'appliances for making use of the supply of ... gas or electricity'.</p>\n\n<p>The text of your lease may have specific provisions for the repair and upkeep of the cooker, so you should read it carefully and seek advice if you are unsure.</p>\n\n<p>Most landlords will leave copies of the instruction manuals for installed appliances. You should ask for a copy of the manual if one was not provided and can't be found in the flat.</p>\n\n<p>In practical terms, you should report the fault in writing to the landlord (or managing agent if you have one), saying that you are unable to use the cooker and that it is a potential danger given that you don't understand how it works. At the very least, you should ensure that the condition of the cooker is reflected correctly on your inventory.</p>\n", "score": 4 } ]

[ "united-kingdom", "england-and-wales", "landlord" ]

[ { "answer_id": 1263, "body": "<p>The details depend on the state, of course. The common law thing you are looking for is a writ of mandamus -- a court order to a public official to do something (or not do something) that they are required to do under the law. Writs of mandamus were traditionally only applicable to <em>ministerial</em> tasks (i.e. things that are basically paper-shuffling where there is little to no discretion); marriage licenses are typically considered ministerial. With discretionary actions, things are much more complicated because the government official is <em>supposed</em> to have significant ability to decide what should and shouldn't be allowed; mandamus doesn't apply unless there's a <em>right</em> to the action requested. In some cases, mandamus has been replaced with other forms of judicial review, but in Alabama it is definitely still mandamus that's involved (<a href=\"http://lawprofessors.typepad.com/civpro/2015/03/alabama-supreme-court-issues-writ-of-mandamus-enjoins-probate-judges-from-issuing-marriage-licenses-.html\">source</a>: mandamus is what's previously been used to <em>stop</em> issuance of licenses).</p>\n\n<p>For <em>federal</em> review, which is more likely to get somewhere, the approach to use is the exact same thing that led to <em>DeBoer</em> (the case bundled into <em>Obergefell</em> that was about granting licenses), and <em>Perry</em>, and many of the other gay marriage cases: a lawsuit seeking an injunction or declaratory relief under 42 USC 1983, which allows actions in law and equity whenever anyone denies civil rights to a US citizen (or someone in the jurisdiction of the US) under color of law.</p>\n\n<p>The ultimate result of this kind of suit is a federal court order to issue a marriage license, or a declaration that it's illegal to not issue the license (and so anyone who doesn't will be subject to a court order). Violating this order, like any court order, is contempt of court. </p>\n", "score": 7 } ]

[ "united-states" ]

[ { "answer_id": 1247, "body": "<p>There may be violations of consumer protection and/or advertising statutes here by the online store, but the common law position is that:</p>\n\n<ol>\n<li>The website's owner is making an <a href=\"https://en.wikipedia.org/wiki/Invitation_to_treat\" rel=\"noreferrer\">invitation to treat</a></li>\n<li>Based on that, you are making an <a href=\"https://en.wikipedia.org/wiki/Offer_and_acceptance#Offer\" rel=\"noreferrer\">offer</a></li>\n<li>The contract comes into place when the website's owner <a href=\"https://en.wikipedia.org/wiki/Offer_and_acceptance#Acceptance\" rel=\"noreferrer\">accepts</a> your offer.</li>\n<li><a href=\"https://en.wikipedia.org/wiki/Offer_and_acceptance#Time_of_contract_formation\" rel=\"noreferrer\">The time of contract formation</a> is \"when the parties give objective manifestation of an intent to form the contract.\"</li>\n</ol>\n\n<p>You would need to read the site very carefully, in particular their terms and conditions, acknowledgement page and/or email to see if they are actually accepting your offer or if there are conditions attached. If there is no clear, <strong>unconditional</strong> acceptance then there is no contract at that time; this applies even if you have paid for the goods.</p>\n\n<p>If this is the case (and I strongly suspect that it would be for most online stores), then their acceptance of your offer and the formation of the contract probably does not come into effect until they \"give objective manifestation of an intent to form the contract\" by shipping the goods. Up until that time there <strong>is no contract</strong> and their only obligation to you is to promptly refund your money.</p>\n", "score": 7 }, { "answer_id": 1245, "body": "<p>It may or may not be a crime (I will come back to this tomorrow, but I strongly doubt it because there is no deception on your part), but there is another thing at play: if they discover the error before shipping the good, they may well be able to refund you and deny the purchase. A unilateral mistake will often result in a voidable contract if the other party knew of the mistake and intentionally exploited it. (<a href=\"http://nationalparalegal.edu/public_documents/courseware_asp_files/contracts/DefensesToFormation/Mistake.asp\" rel=\"nofollow\">source</a>)</p>\n", "score": 0 } ]

[ "united-states", "commerce" ]

[ { "answer_id": 1250, "body": "<p>Yes, Virginia nonstock corporations are required to have a board of directors...unless the members or directors expressly agree to eliminate it.</p>\n<blockquote>\n<p><strong>Requirement for and duties of board of directors (§ 13.1-853)</strong></p>\n<p>A. Except as provided in an agreement authorized by § 13.1-852.1, each corporation shall have a board of directors.</p>\n<p>B. All corporate powers shall be exercised by or under the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation or in an agreement authorized by § 13.1-852.1.</p>\n</blockquote>\n<p>Your director selection procedure is to be set forth in the articles of incorporation. The requirement exists not only to explain how the initial board will be selected, but how subsequent boards will be selected.</p>\n<p>For example, you'll want to determine whether there'll be members. If so, will the members elect the directors? Will the board be self-perpetuating? Will you have and <em>ex-officio</em> director? There's a good FAQ on the process <a href=\"https://www.scc.virginia.gov/clk/befaq/vanon.aspx\" rel=\"nofollow noreferrer\">here</a>.</p>\n<p>Big picture: Virginia wants companies to have a procedure that doesn't depend on specific, named people who may or may not be around in the future; it wants companies to develop a <em>process</em>.</p>\n<p>As to the naming: for the state's purposes, you're creating a &quot;board of directors,&quot; which is what you'll call it in the incorporation documents. It's up to you to decide whether it'll also have a non-legal title for day-to-day operations or development/marketing purposes.</p>\n<p>Side note: it looks like you've already found Virginia's Nonstock Corporation Act, § 13.1-801. If you get into a pinch, I've always found the State Corporation Commission to be helpful by phone.</p>\n", "score": 2 } ]

[ "non-profit", "virginia" ]

[ { "answer_id": 1248, "body": "<p>The powers and duties of the police in providing information for an Enhanced DBS certificate are set out in <a href=\"http://www.legislation.gov.uk/ukpga/1997/50/section/115\" rel=\"nofollow\">s115 Police Act 1997</a>.</p>\n\n<p>s115(7) provides that&mdash;</p>\n\n<blockquote>\n <p>Before issuing an enhanced criminal record certificate the Secretary\n of State shall request the chief officer of every relevant police\n force to provide any information which, in the chief officer’s\n opinion—</p>\n \n <p>(a) might be relevant for the purpose [for which the certificate was requested], and</p>\n \n <p>(b) ought to be included in the certificate.</p>\n</blockquote>\n\n<p>The construction of this subsection was considered in <a href=\"http://www.bailii.org/ew/cases/EWCA/Civ/2007/168.html\" rel=\"nofollow\">R (L) v. Commissioner of Police for the Metropolis [2007] EWCA Civ 168</a>. The appellant argued that 'any information' should be read narrowly to mean only matters which relate to criminal activity or propensity. The court disagreed, finding that 'any information' means just that.</p>\n\n<p>If, therefore, in the chief officer's opinion a police information notice might be relevant and ought to be disclosed on an enhanced DBS certificate, he can include it. Individual police authorities (and indeed the police as a whole) may also have internal guidance on the matter, but this is the position in law.</p>\n\n<p>It must also be considered whether the PIN has been retained. In considering the competing interests of Article 8 ECHR, the court found in <a href=\"http://www.bailii.org/ew/cases/EWHC/Admin/2012/1115.html\" rel=\"nofollow\">R (T) v. Commissioner of Police for the Metropolis [2012] EWHC 1115 (Admin)</a> that&mdash;</p>\n\n<blockquote>\n <p>If the sole purpose of retention were to lay the ground for\n establishing a \"course of conduct\" under the Protection from\n Harassment Act, then only a much shorter period could be justified.\n But, for other purposes such as assisting in resolving later\n allegations, and investigating other crimes, a longer period of\n retention might well be appropriate.</p>\n</blockquote>\n\n<p>As an aside, an enhanced DBS check can also result in information being disclosed to the subject of the check but not included on the certificate under s115(8) of the Act.</p>\n", "score": 1 } ]

[ "united-kingdom" ]

[ { "answer_id": 324, "body": "<p>Landlord-tenant law is an area that is heavily statute-based, jurisdiction-dependent, and far from uniform across the country. A complex, specific, multi-part question like this one is not going to get a simple answer.</p>\n\n<p>In general, though, I can clear up some of the confusion with a quick example.</p>\n\n<p>Let's say you abandon your lease, but as you do so, you write a letter to the landlord saying: \"While I won't be living there any more, my friend's band needs a place to practice. They have agreed to pay half my rent if you let them play there 4 nights a week. They'll be starting on Tuesday at 11 PM: please have a set of keys waiting for them at the front desk.\"</p>\n\n<p>The landlord does not give your friends the keys. They re-key and clean the apartment and rent it two months later.</p>\n\n<p>Are you going to stand up in court and argue, with a straight face, that you should only be liable for half the rent for those two months because of the landlord's \"failure to mitigate\"?</p>\n\n<p>Again, jurisdictions differ, but the duty to mitigate is not absolute. If the landlord could rent out a $1,000/month apartment for $5 a month, it doesn't have to do that, and you can't make the Court take $5 a month off their damages if they refuse to do so.</p>\n\n<p>Also, you seem to be confused about what subleasing is. A sublessor owes duties to you; you still owe the duty to your landlord to get the rent paid. A sublease is an agreement between you and a third party to pay you rent. It does not affect your relationship with the landlord at all, unless it's a breach of your agreement with the landlord or of local law protecting the landlord from unauthorized subleasing.</p>\n", "score": 7 } ]

[ "united-states", "residential-lease", "damage-mitigation", "sublease", "texas" ]

[ { "answer_id": 1227, "body": "<p>There are a few different issues at play here, and one of them is copyright law, which can't be ignored in your example.</p>\n\n<p>As a general rule, a contract is formed when there's a \"meeting of the minds.\" This means that two people agree to a deal, and once they agree, they are both bound by it.</p>\n\n<p>In practice, this means that some sort of consent is required before you are bound by the terms of a contract. This can be signing on a dotted line; it can be opening a shrinkwrapped package or clicking \"Okay\" on the iTunes terms and conditions. It can be boarding the ship using the ticket with the disclaimer printed on it, even if you never turned the ticket over and read it.</p>\n\n<p>But I can't, for instance, send you a poem, along with a note saying that according to our new contract, you owe me $10,000 dollars for it.</p>\n\n<p>The question of what constitutes assent, and what is and isn't enforceable, in shrinkwrap and other adhesion contracts, is fairly contentious, and if this affects you, you need to talk to a lawyer licensed in your jurisdiction. But in general, you can't create a contract unilaterally.</p>\n\n<p>But that's separate from the question of whether the actual terms you give are enforceable. If the sender holds the copyright on the document, then they absolutely have the right to say that you can't copy it--but that's another extremely complex area of law that is going to depend on the specifics of your situation.</p>\n", "score": 2 }, { "answer_id": 1237, "body": "<p>In summary a common law contract requires (Australian Business Law 2002 p. 5-020):</p>\n\n<ol>\n<li>Intention to create legal relations. <em>Do the parties really intend to be legally bound? Or is the arrangement purely \"non-business\"?</em></li>\n<li>Agreement. <em>Offer and acceptance, when communicated to each other, or equivalent evidence of a concluded agreement, make up an agreement.</em></li>\n<li>Consideration. <em>Unless the agreement is reinforced by \"something for something\", it will not be considered a legally enforceable agreement or contract.</em></li>\n<li>Legal Capacity. <em>Is the agreement made while one party lacks legal capacity, for instance is under age or under the influence of alcohol?</em></li>\n<li>Genuine Consent. <em>Questions arise in this context as to what was actually agreed. What if the goods contracted for have sunk at sea?</em></li>\n<li>Legality of Objects. <em>A contract formed for an illegal purpose cannot be upheld.</em></li>\n</ol>\n\n<p>The circumstances you describe do not meet 1, 2 &amp; 3 above so there is no contract when you receive the document.</p>\n\n<p>Since you have specifically excluded IP issues (which may not apply in any case as the document in question may not have copyright protection): dealing with the document in the way you describe &ndash; against the owner's express wishes &ndash; would probably constitute both the crime and tort of <a href=\"https://en.wikipedia.org/wiki/Trespass_to_chattels\" rel=\"nofollow\">trespass to chattels</a>. </p>\n", "score": 0 } ]

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

[ { "answer_id": 1234, "body": "<p>Given that Google (the company that owns YouTube) <a href=\"https://developers.google.com/youtube/player_parameters\" rel=\"nofollow\">provides instructions for this</a> it would seem they are offering a safe harbor if you follow their instructions, regardless of any other law.</p>\n\n<p>Of course you should always review the Terms of Service governing the <a href=\"https://www.youtube.com/t/terms\" rel=\"nofollow\">contents</a> and <a href=\"https://developers.google.com/site-terms\" rel=\"nofollow\">APIs</a> you are using.</p>\n", "score": 2 } ]

[ "copyright", "internet" ]

[ { "answer_id": 1232, "body": "<p>From what I can tell, both are correct. The RPS refers to two different things as Black Acts: laws printed with a printing press using a heavy typeface (hence, \"black\") in <a href=\"http://www.rps.ac.uk/static/statutes_index.html\" rel=\"nofollow\">1541</a>, and laws that established Parliament as supreme over the church (called \"black\" because they were bad for the church) in <a href=\"http://www.rps.ac.uk/static/historicalintro6.html\" rel=\"nofollow\">1584</a>.</p>\n", "score": 4 } ]

[ "legal-history", "scotland" ]

[ { "answer_id": 1228, "body": "<p>To use an API over a network connection (as opposed to, e.g., the Windows API), a user communicates a request to the API host, or server, and awaits a response. The host of the remote API can refuse to serve requests from users for probably any reason.</p>\n\n<p>Such services often require users to accept a license as a condition of using the service, and they may charge a fee as a condition of the license.</p>\n\n<p>A license to use a service is obviously not necessarily bound to a license for the use of its source code, just as the ability to reach the service is not dependent on the ability to see (let alone use) the code in any format, whether it be the source code or some compiled form of the code.</p>\n\n<p>In essence, source licenses and service licenses have different primary goals, at least inasmuch as the source license seeks to restrict someone who has actual physical access to compiled code, and possibly source code. Service licenses do not have that concern, though I have seen service licenses that also prohibit decompiling. This is probably the result of a CYA attitude among lawyers: the language is already in the standard software license text, and it doesn't hurt anything to leave it in, and it <em>could</em> help if a service user somehow managed to download the program code.</p>\n", "score": 4 } ]

[ "licensing", "software" ]

[ { "answer_id": 1218, "body": "<p>In the US, the original author still owns the copyright, unless the original work was out of copyright (in which case no one owns the copyright): copyright is not granted for just pressing a \"scan\" button, and mechanical reproductions are not eligible for copyright (copyright protects <em>creativity</em>, and a scan involves zero creativity). To quote 313.4(A) (\"Mere Copies\") of the Compendium of US Copyright Office Practices, Third Edition:</p>\n\n<blockquote>\n <p>A work that is a mere copy of another work of authorship is not copyrightable. The Office cannot register a work that has been merely copied from another work of authorship without any additional authorship. [...]<br>\n Examples:<br>\n [...]</p>\n \n <ul>\n <li>Photocopying, scanning, or digitizing a literary work.</li>\n </ul>\n</blockquote>\n\n<p>That doesn't necessarily mean the repository can't put any restriction on your use of the copy; the repository may have a terms of service. Terms of service are rooted in <em>contract</em> law, not copyright; just because the work is in the public domain, doesn't force the repository to show it to anyone who asks, and they can force you to agree to a contract first. The enforceability of that contract is fact-dependent.</p>\n", "score": 6 } ]

[ "copyright" ]

[ { "answer_id": 1107, "body": "<p>Remember a contract involves the \"meeting of the minds\"; the paperwork is only the documentation of that \"meeting\". While courts will generally confine themselves to the written document they are <em>actually</em> considering the legal relationship as a whole. </p>\n\n<p>A non-English speaker (or even English as a second language) could certainly make the argument that the documentation does not reflect their understanding of the agreement they thought they were entering into more readily than a native speaker could. Weather this would actually amount to \"non est factum\" would depend on the facts but in general this defence requires the document to be <em>radically</em> different from what was agreed, not just different in detail.</p>\n\n<p>Still, who wants the fight? Particularly as you are paying to have the master agreement translated the costs of translating the service agreements should only be incremental.</p>\n\n<p>I was unable to find any specifically Hawaiian case law but as \"non est factum\" is common law the principles should be generic.</p>\n", "score": 2 } ]

[ "contract-law", "japan" ]

[ { "answer_id": 1170, "body": "<p>There's nothing that makes it illegal to ask others to give you money to donate to a third party. </p>\n\n<p>But if you want to say you're fundraising <em>on behalf</em> of another organization, obviously you need its permission. And if you want contributions to be considered charitable for tax purposes, and you want to make sure <em>you</em> don't wind up paying taxes on contributions \"sent to\" you but then passed on, then you may need to start worrying about a separate entity.</p>\n\n<p>It would be more straightforward to offer to create, host and administer the website for the church, with it receiving the contributions directly. </p>\n", "score": 5 }, { "answer_id": 1197, "body": "<p>Churches are available for tax-exempt status, and if your church is filed this way then you should work with them to determine how you will legally transfer money in this tax-exempt manner. </p>\n\n<p>Donors (or many of them) will likely be interested in receiving a tax letter than they can claim for write-offs at year-end. You, not being an officer or representative of the legal entity that is the church, cannot write this letter and will need to coordinate with the Church officers to have them write said letters. </p>\n\n<p>I think you can do all of this informally. People can give you money and trust that you'll be honorable with it. You need transparency regarding online processing fees, and their actual total donation. </p>\n\n<p>You expose yourself to suit if someone claims malfeasance. No entity has obligation to support nor represent you in this regard. I cannot cite and fiduciary laws here – I am just giving general guidance.</p>\n\n<p>In general, it's probably better that you have some written agreement with the Church stating your intent and obligations, and their intent and obligations, in the relationship with you.</p>\n", "score": 3 } ]

[ "california", "tax-law", "non-profit" ]

[ { "answer_id": 1194, "body": "<p>Not unless you also released it in physical form. First, you don't <em>have</em> to send anything to the copyright office; registration is only required before you actually file an infringement lawsuit. Second, when you do register, the Copyright Office <a href=\"http://copyright.gov/eco/faq.html\" rel=\"nofollow\">says</a>:</p>\n\n<blockquote>\n <p><strong>What works may be registered with electronic deposits?</strong><br>\n The following classes of works may be registered in eCO with electronic deposit copies:</p>\n \n <ol>\n <li>Unpublished works;</li>\n <li>Works published only electronically;</li>\n <li>Published works for which the deposit requirement is ID material (see the Special Deposit Requirements section of Circular 1 for more on ID material);</li>\n <li>Published works for which there are special agreements requiring the hard copy deposits to be sent separately to the Library of Congress.</li>\n </ol>\n \n <p>All other classes of works may be registered via eCO (application and fee payment) but require hard copies of the work(s) being registered.</p>\n</blockquote>\n\n<p>Under part 2, if it was only released electronically the USCO will take electronic deposit. </p>\n", "score": 3 }, { "answer_id": 1193, "body": "<p>It depends on the nature of the digital work. \nSee one (or more) of the following: \n\n<li> <a href=\"http://copyright.gov/circs/circ61.pdf\" rel=\"nofollow\">Circular 61</a> -- Computer programs (e.g. video games) \n<li> Circular 65 -- Databases (which seems to be unavailable while under revision)\n<li> <a href=\"http://copyright.gov/circs/circ66.pdf\" rel=\"nofollow\">Circular 66</a> -- Online Works (online 'content' — \"text, artwork, music, audiovisual material (including any sounds), sound recordings, etc.\")</p>\n", "score": 2 } ]

[ "united-states", "copyright" ]

[ { "answer_id": 1179, "body": "<p>I'm assuming you're talking about U.S. federal bankruptcy law (Title 11).</p>\n\n<p>Once bankruptcy is declared, any claims against the debtor are subject to the bankruptcy laws, and any claims against the debtor in any other court are automatically stayed under 11 USC 362.</p>\n\n<p>That means if you bring an action against the debtor for conversion, a court will not hear it, because the debtor's bankruptcy stays any such action. </p>\n\n<p>It gets more complicated if you want to sue the brother. In general, except in limited circumstances, the brother is not protected by the bankruptcy stay. <a href=\"http://www.gamb.uscourts.gov/USCourts/sites/default/files/opinions/04-30528.pdf\" rel=\"nofollow\">[source]</a>. So you can likely sue the brother.</p>\n\n<p>Your question about \"priority,\" however, may be based on a misunderstanding of how the law works. If you sue the brother and win, you will get a judgment against the brother, which you can then attempt to collect from the brother's assets. </p>\n\n<p>If the trustee convinces a court that the property in question is, in fact, the property of the estate, the trustee can recover it from the brother, or from anyone the brother subsequently gave it to, until it is transferred to a bona fide purchaser for value--who must be unaware of the fraudulent nature of the conveyance. See 11 USC 550. Because you were aware of the fraud, you are not a bona fide purchaser for value, and the statute seems to give the trustee the ability to recover the money from you, just as it would from the brother.</p>\n\n<p>In practical terms, this will rarely happen--but if it did, the bankruptcy estate would win, because the avoidance of a transfer means the property was never the brother's in the first place.</p>\n", "score": 4 }, { "answer_id": 1183, "body": "<p>This sort of thing can get muddy and turns on specifics like the form of the investment, and whether it was in a business entity controlled by Mr. X, and then embezzled by Mr. X in transferring the money to his brother (thus potentially recoverable by the investor in an action against the company through tracing despite the personal bankruptcy); or invested in Mr. X's sole proprietorship, making it a part of his personal bankruptcy estate before it was embezzled (and thus properly recoverable by the trustee, with the investor a creditor of the bankruptcy estate). </p>\n\n<p>If you really wanted to look at it through a lens of priority, I suppose you could say that in the first case of Mr. X embezzling the invested funds from a separate company, the <a href=\"https://www.law.cornell.edu/wex/constructive_trust\" rel=\"nofollow\">constructive trust</a> over the embezzled funds trumps the bankruptcy stay, but I think the better way to look at it is as above. </p>\n\n<p>See, e.g., <a href=\"http://caselaw.findlaw.com/us-6th-circuit/1286929.html\" rel=\"nofollow\">IN RE: George D. NEWPOWER</a> for discussion of tracing embezzled funds in bankruptcy, the implications of title to property under the law of theft vs. false pretenses, and some trust theory. </p>\n", "score": 3 } ]

[ "bankruptcy", "conversion" ]

[ { "answer_id": 1195, "body": "<p>You might try reaching out to the <a href=\"http://www.edlawcenter.org/\" rel=\"nofollow\">Education Law Center.</a> They may be able to provide information, or a referral to another organization or law office. Intake information is on the <a href=\"http://www.edlawcenter.org/about/contact-us.html\" rel=\"nofollow\">contact page</a>.</p>\n", "score": 1 } ]

[ "united-states", "lawyer", "civil-legal-system" ]

[ { "answer_id": 1184, "body": "<p>The most likely reason the other driver doesn't want to go through insurance is to avoid a raise in his premiums. However, there could be more serious consequences, up to and including having his insurance cancelled, for example, if the son was not supposed to be driving the car, or based on the criminal nature of the offense.</p>\n\n<p>However, there can be serious consequences to not dealing with insurance. Some (if not all) insurance policies require him to report the accident; by failing to do so, he may risk losing his insurance.</p>\n\n<p>More importantly to you, if he does not report a claim to his insurance, his insurance will not pay it. This is important to you, because insurance companies, as a general rule, pay claims. Random people don't always; they ignore you, they move out of state, they go bankrupt. If this is a serious amount of money, you need to talk to a lawyer before you enter into a contract with this person, to make sure that it's enforceable, and that if you don't get paid, you have some recourse.</p>\n", "score": 6 } ]

[ "united-states", "traffic", "property", "insurance", "north-carolina" ]

[ { "answer_id": 1182, "body": "<p>Nothing is going to explicitly say that this is authorized — it's allowed because it isn't forbidden by any of the following:</p>\n\n<ul>\n<li>The Dodd-Frank Act </li>\n<li>Sarbanes-Oxley</li>\n<li>The Securities Exchange Act (1934) </li>\n<li>The SEC rules </li>\n<li>The specific NASDAQ listing standards</li>\n</ul>\n\n<p>NASDAQ (and NYSE) has requirements for independent directors and committees (from outside of management), but it doesn't forbid a person from serving on multiple boards of directors of listed companies, as chairperson or otherwise. </p>\n\n<p>If the companies are competitors or have trade secrets they need to keep from each other, etc, then the conflict of interest could prevent serving on both boards. </p>\n", "score": 4 } ]

[ "corporate-law" ]

[ { "answer_id": 1178, "body": "<p>Your question is not particularly clear, but it sounds like you're describing a situation where:</p>\n\n<ul>\n<li>The tenant doesn't pay the rent</li>\n<li>The landlord files an action to evict the tenant, and</li>\n<li>The tenant files a request for a jury trial.</li>\n</ul>\n\n<p>The act of filing for a jury trial doesn't guarantee that the tenant won't be evicted, but it will likely make the eviction process more time-consuming and expensive for the landlord.</p>\n\n<p>I'm assuming the tenant is entitled to a jury trial--otherwise this would be useless as a stalling tactic. In that case, the question you really want answered is, can the landlord force the tenant to waive any right to a jury trial by contract, for example in the lease?</p>\n\n<p>In California, <a href=\"http://www.gilchristrutter.com/CM/Articles/Predispute%20Jury%20Trial%20Waivers.pdf\" rel=\"nofollow\">the answer is no</a>. The linked document suggests that you may be able to specify some form of ADR, which would avoid the expense of a jury trial, but the California courts won't let you get away with a straight jury trial waiver.</p>\n", "score": 4 } ]

[ "united-states", "california", "residential-lease", "real-estate" ]

[ { "answer_id": 1177, "body": "<p>The BBC iPlayer restrictions are not, as far as I'm aware, based on regulations; they are based on licensing agreements (in fact, the page you link to says this explicitly). </p>\n\n<p>Whether the same is true of programs from other services in other countries--or even other services in the UK--is going to depend on the contracts between those services and you and the contracts between those services and their content providers.</p>\n", "score": 5 } ]

[ "intellectual-property", "european-union" ]

[ { "answer_id": 1176, "body": "<p>As a preliminary matter: there is no, so far as I'm aware, a blanket FTC requirement that every ad carry a disclaimer or a label. </p>\n\n<p>Some FTC rules do require disclaimers in certain circumstances. <a href=\"https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-staff-revises-online-advertising-disclosure-guidelines/130312dotcomdisclosures.pdf\" rel=\"noreferrer\">This document</a> gives some background. In summary: if a claim made in an ad is false, a disclaimer can't fix it. If it is true, a disclaimer is unnecessary. A disclaimer only comes into play if the ad is true, but contains a potentially misleading implication. So, for example: </p>\n\n<pre><code>\"In a survey, 4 out of 5 doctors recommended our product.\"\n</code></pre>\n\n<p>If 4 out of 5 doctors actually recommended some other product, no disclaimer will help you. If the survey was taken in 1901, or the only choice was between your product and being eaten by wolverines, you will need to disclose that fact prominently in your ad.</p>\n\n<p>One of the most commonly encountered disclosure requirements, and one you mention in your question, are disclosures related to endorsements and testimonials. The endorsement rules are set out <a href=\"https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf\" rel=\"noreferrer\">in this document</a>, but in general, it's the same deal: if there's something about the endorsement that would qualify it in the mind of a person evaluating whether to buy the product, then you need to disclose that. This is why you see disclaimers such as:</p>\n\n<ul>\n<li>Stating that people praising a product are actors, not real users of the product</li>\n<li>Stating that celebrities are paid endorsers, not just enthusiastic users of the product</li>\n</ul>\n\n<p>If you post something on your personal blog raving about a product, for instance, and don't disclose that you were paid to say nice things about the product, that could be a violation. There are more good examples at the link above.</p>\n\n<p>The common ground in all of these situations is that the advertisement or endorsement is in some way actually or potentially misleading. If you run an ad that is not misleading in any way--for example, just a poster with the product logo or a non-informational tag line (\"Coke: It's A Beverage!\"), there is no need for a disclaimer that I'm aware of.</p>\n", "score": 5 } ]

[ "united-states", "internet", "branding", "commerce", "disclaimers" ]

[ { "answer_id": 1175, "body": "<p>For starters, you can't \"use the antitheft law\" because you are not a criminal prosecutor.</p>\n\n<p>I'm not sure that the criminal statute would support a civil action for <a href=\"https://www.law.cornell.edu/wex/replevin\" rel=\"nofollow\">replevin</a>, at least until you've paid all the fees that the towing company is explicitly authorized to charge and they still refuse to release the vehicle. And if that was the case, you wouldn't need the criminal statute — the title to your vehicle should be sufficient. </p>\n\n<p>See <a href=\"http://www.amlegal.com/nxt/gateway.dll/Maryland/baltimore_co/baltimorecountycode?f=templates$fn=default.htm$3.0$vid=amlegal:baltimoreco_md\" rel=\"nofollow\">Baltimore County Code (2003)</a> §18-2-203 for the police department's authority to remove and store cars with expired registration \"by contract.\" </p>\n\n<p>See also §§ 21-16-111.1 et seq. and §§21-16-123 et seq. regarding police initiated towing and licensing of towing companies. The latter set of statutes and the fee schedule fixed by the county are <a href=\"http://resources.baltimorecountymd.gov/Documents/Permits/Miscellaneous%20Permits/towing/policeinitiated/policetowregsfees.pdf\" rel=\"nofollow\">available here</a>.</p>\n", "score": 3 } ]

[ "vehicle", "property", "maryland" ]

[ { "answer_id": 1174, "body": "<p>In the US context, it sounds like you're asking about <a href=\"https://www.law.cornell.edu/cfr/text/48/52.203-5\" rel=\"nofollow\">42 CFR 52.203-5</a> (\"Covenant Against Contingent Fees\"). In that context, contingent fees means something close to payment of a commission to someone working as a broker, salesperson, negotiator or in a similar role. </p>\n\n<p>The rule applies to contracts under 41 USC §254(a) as well as bid procurements regulated by FAR §§ 3.400 and 3.403. There are exceptions to the prohibition, including for external agents, but even where it is applies it would not forbid simple use of a 'middleman' — it just prohibits that agent from being compensated by commission on the deal. The idea is to prevent agents with \"improper influence\" (or claimed influence) from being paid by commission, or having their fixed payment conditioned on closing the deal. </p>\n\n<p><a href=\"https://www.venable.com/files/Publication/d360a56f-aa52-4510-a981-9ee78786cb78/Presentation/PublicationAttachment/678bf1b2-895b-4e29-808a-c6ea027b300c/1241.pdf\" rel=\"nofollow\">This publication from Venable</a> provides more details on the specifics and the exceptions. </p>\n", "score": 2 } ]

[ "contract-law", "international" ]

[ { "answer_id": 1166, "body": "<p>Affirmative authority that this particular use (incorporation of the format of another program's textual data files into your own program) is protected is somewhat elusive in the US system; however there's a lot of observable evidence that reverse engineering data file formats without a license is widespread. My sense is that this would be analyzed under the same rubric as other kinds of reverse engineering and/or fair use. I'm sure there are others here who are better able to clearly and concisely explain that law than I am.</p>\n\n<p>However there may be limits — it seems Microsoft was able to prevent VirtualDub's use of the ASF format by <a href=\"http://www.google.com/patents/US6041345\" rel=\"nofollow\">patenting it</a>. That said, it's hard to see how an unencrypted, unencoded ASCII data file file could be patentable (i.e. where the ASCII strings are the data, generated in response to user input, and the format is just their order and separators, etc). </p>\n\n<p>For the European arena, there is recent authority in <em>SAS Institute Inc v World Programming Limited</em> that the format of a program's data files are not protected by copyright when reverse engineered without the source code. The following is from the <a href=\"http://www.bailii.org/ew/cases/EWHC/Ch/2013/69.html#para8\" rel=\"nofollow\">digest and application of the CJEUs decision</a> by the English court that referred it, in its subsequent judgment:</p>\n\n<blockquote>\n<b>The judgment of the CJEU</b><br>\n\nOn 29 November 2011 Advocate General Bot delivered his Opinion on the questions referred...<br>\n<br>\nQuestions 1-5<br>\n<Br>\n\nThe Court dealt with these questions together. It interpreted this court as asking \"in essence, whether Article 1(2) of [the Software Directive] must be interpreted as meaning that the functionality of a computer program and the programming language and the format of data files used in a computer program in order to exploit certain of its functions constitute a form of expression of that program and may, as such, be protected by copyright in computer programs for the purposes of that directive\": see [29].<br><br>\nHaving referred to recital (14), Article 1(1) and 1(2) of the Software Directive, Article 2 of the WIPO Copyright Treaty and Articles 9(2) and 10(1) of TRIPS, the Court went on:<br><br>\n...\n<br><br>\n39. [...] it must be stated that, with regard to the elements of a computer program which are the subject of Questions 1–5, neither the functionality of a computer program nor the programming language and the format of data files used in a computer program in order to exploit certain of its functions constitute a form of expression of that program for the purposes of Article 1(2) of Directive 91/250.<br><br>\n40. As the Advocate General states in point 57 of his Opinion, to accept that the functionality of a computer program can be protected by copyright would amount to making it possible to monopolise ideas, to the detriment of technological progress and industrial development.<br><br>\n41. Moreover, point 3.7 of the explanatory memorandum to the Proposal for Directive 91/250 [COM(88) 816] states that the main advantage of protecting computer programs by copyright is that such protection covers only the individual expression of the work and thus leaves other authors the desired latitude to create similar or even identical programs provided that they refrain from copying.<br><br>\n42. With respect to the programming language and the format of data files used in a computer program to interpret and execute application programs written by users and to read and write data in a specific format of data files, these are elements of that program by means of which users exploit certain functions of that program.\n<br><br>\n43. In that context, it should be made clear that, if a third party were to procure the part of the source code or the object code relating to the programming language or to the format of data files used in a computer program, and if that party were to create, with the aid of that code, similar elements in its own computer program, that conduct would be liable to constitute partial reproduction within the meaning of Article 4(a) of Directive 91/250.<br><br>\n44. As is, however, apparent from the order for reference, WPL did not have access to the source code of SAS Institute's program and did not carry out any decompilation of the object code of that program. By means of observing, studying and testing the behaviour of SAS Institute's program, WPL reproduced the functionality of that program by using the same programming language and the same format of data files.<br><br>\n45. The Court also points out that the finding made in paragraph 39 of the present judgment cannot affect the possibility that the SAS language and the format of SAS Institute's data files might be protected, as works, by copyright under Directive 2001/29 if they are their author's own intellectual creation (see Bezpecnostní softwarová asociace, paragraphs 44 to 46).<br><br>\n46. Consequently, the answer to Questions 1–5 is that Article 1(2) of Directive 91/250 must be interpreted as meaning that neither the functionality of a computer program nor the programming language and the format of data files used in a computer program in order to exploit certain of its functions constitute a form of expression of that program and, as such, are not protected by copyright in computer programs for the purposes of that directive.\"\n</blockquote>\n\n<p>Regarding the idea that the user has rights to access their output of a program held in a proprietary data file format there is some additional discussion in the that might be helpful in paragraphs 48 - 62 (of the CJEU opinion), discussing the right of a licensee to 'study and observe' the 'underlying' 'ideas and principles' of a program to accomplish 'acts of loading and running necessary for the use of the computer program.'</p>\n", "score": 4 } ]

[ "copyright", "software" ]

[ { "answer_id": 1165, "body": "<p>Typically in a venture investment the lead investor will get to nominate someone to the board. Since this is done at the closing of the investment, the name of the new director will appear with those of the other board members in the \"related parties\" section of the Form D. With some detective work (a.k.a. Google), you can figure out which venture fund the new director works for and by implication the likely lead investor.</p>\n", "score": 1 }, { "answer_id": 619, "body": "<p>In a <a href=\"http://www.sec.gov/Archives/edgar/data/1645219/000164521915000001/0001645219-15-000001-index.htm\" rel=\"nofollow\">Form D filing</a>, the <a href=\"http://www.sec.gov/Archives/edgar/data/1645219/000164521915000001/xslFormDX01/primary_doc.xml\" rel=\"nofollow\">full text of the filing</a> lists the number of <em>Documents</em> (in this case 1), and then <em>Document Format Files</em>. That formatted document includes an <em>Issuer</em> and <em>Related Parties</em>. The Related Party (In this case Galen Vinter) is the investor. </p>\n", "score": 0 } ]

[ "united-states" ]

[ { "answer_id": 1150, "body": "<p><a href=\"https://www.gov.uk/ownership-of-copyright-works\" rel=\"nofollow\">The UK Government released an article last year</a> that explains some of the issues relating to ownership of copyright</p>\n\n<p><a href=\"http://www.capitallaw.co.uk/site/publicationsandnews/ipnews3april12.html\" rel=\"nofollow\">This article</a> is informative. The headline point:</p>\n\n<blockquote>\n <ul>\n <li>Ownership of literary, dramatic, musical, artistic and film works created by an employee during the course of their employment, automatically vests in their employer by virtue of section 11(2) of the Copyright, Designs and Patents Act 1988.</li>\n </ul>\n</blockquote>\n\n<p>The meaning of <strong>during the course of their employment</strong> has been interpreted by the courts to mean during the course of normal or specifically assigned duties, and that these duties include the creation of intellectual property for the employer. Patents are similarly affected - if the role does not specify or would not imply the creation of patents and other IP, it may not vest in the company automatically.</p>\n\n<p>This is a standard clause and is designed to protect the interests of the company, in the event that you create intellectual property as part of your role.</p>\n\n<p>Bear in mind here that there's no real need for this property to be created during work hours. That is, if part of your role is to design new software, ownership of that software vests in the company, whether you spent substantial amounts of work hours making it or not. Conversely, if your role <em>does not</em> include, or would be expected to include, the creation of intellectual property, then if you do so - even if it is during work hours - ownership may not necessarily vest in the company.</p>\n\n<ul>\n<li>IP you create in the course of your employment will vest in the company<br>\n<em>in the course of your employment</em> will probably mean: \n\n<ul>\n<li>if you are employed to create IP generally, all any IP resulting from your work, or; </li>\n<li>if you are employed to create a specific work, that work and possibly related works.</li>\n</ul></li>\n<li>This is a fairly standard clause, for most companies - I have had several jobs (though none of them technology-related) and they all include some clause to this effect</li>\n</ul>\n", "score": 6 } ]

[ "intellectual-property", "contract-law", "corporate-law" ]

[ { "answer_id": 1105, "body": "<p>The first thing you need to do is establish if the arrangement that you have with the person is a <a href=\"https://en.wikipedia.org/wiki/Contract\" rel=\"noreferrer\">contract</a> or not. In summary a contract requires:</p>\n\n<ul>\n<li>Intention to create legal relations. <strong>Note:</strong> social and family agreements are <em>presumed</em> <strong>not</strong> to have this intention. If you have given money to a friend or relation, then the onus is on <strong>you</strong> to show that you <strong>both</strong> intended to be legally bound; otherwise the money is legally a gift.</li>\n<li>Agreement </li>\n<li>Consideration </li>\n<li>Legal Capacity </li>\n<li>Genuine Consent</li>\n<li>Legality of Objects</li>\n</ul>\n\n<p>If you <strong>do not</strong> have a contract then your best course of action is to write the money off and get on with your life.</p>\n\n<p>If you <strong>do</strong> have a contract then, depending on the amount of money, your best course of action may be to write the money off and get on with your life.</p>\n\n<p>If you decide not to do this then you need to determine what the terms of the contract are. That is, what did you agree to do and when and what did they agree to do and when.</p>\n\n<p>If you <strong>do not</strong> have these written down in a signed document then your best course of action is to write the money off and get on with your life. Verbal contracts are as legally binding as written ones but it is a bugger to determine what was actually agreed.</p>\n\n<p>If you can determine what the terms of the contract are; has the other person broken any of them? For example, unless the contract says they must:</p>\n\n<ul>\n<li>show you what they've used the funds for</li>\n<li>show you the progress that has been made, and</li>\n<li>not live extravagantly (this would possibly be void term anyway for uncertainty or meaninglessness)</li>\n</ul>\n\n<p>then <strong>they do not have to!</strong></p>\n\n<p>If they have (or there is a reasonable belief that they will) breach the contract then you can:</p>\n\n<ul>\n<li>Affirm that the contract continues</li>\n<li>Terminate the contract</li>\n<li>Repudiate the contract (i.e. there never was a contract)</li>\n<li>Seek an order for Specific Performance</li>\n<li>Seek an injunction</li>\n<li>Seek damages</li>\n</ul>\n", "score": 5 } ]

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

[ { "answer_id": 1158, "body": "<h2>Critique</h2>\n\n<blockquote>\n <p>I'm technically a director of a company ...</p>\n</blockquote>\n\n<p>You either are or you aren't - there is no \"technically\" involved.</p>\n\n<blockquote>\n <p>... is not currently trading ...</p>\n</blockquote>\n\n<p>And doing nothing can create a conflict of interest? How?</p>\n\n<blockquote>\n <p>You mustn’t be involved either directly or indirectly with any other trade or business competing in or conflicting with the interests of our Company.</p>\n</blockquote>\n\n<p>\"competing or conflicting\" is the key here - if the \"other trade or business\" can adversely affect the performance of your employer then you have a conflict, if not, you don't.</p>\n\n<blockquote>\n <p>are only related in such that they are both technology based but otherwise are unrelated.</p>\n</blockquote>\n\n<p>Sorry, but that is so vague as to be totally useless - what company today is not \"technology based\"? Pharmaceutical companies are technology based, so are construction companies, so are law firms but one would hardly call them \"related\".</p>\n\n<h2>Solution</h2>\n\n<p>Conflicts of interest are easy:</p>\n\n<p>If you don't think you have a conflict of interest and they don't think you have a conflict of interest then you don't have a conflict of interest. If either or both of you do; then you do.</p>\n\n<p><strong>Tell them about it!</strong></p>\n\n<p>Conflicts of interest are a problem because people think that if you are keeping secrets then you are doing it for a nefarious purpose! </p>\n\n<p>In 90% of cases declaring the potential conflict resolves the conflict because the other party says \"That! Don't be silly; that's not a problem!\" or words to that effect. In the 99.9% of the remaining 10% of cases then sensible people can come up with sensible solutions, for example:</p>\n\n<blockquote>\n <p>If you want to be involved with another business whilst working for us then you’ll need to get a letter from the Director of your area confirming that they’re happy for you to do this.</p>\n</blockquote>\n", "score": 3 }, { "answer_id": 1151, "body": "<p>If your side project company is not competing with your employer then it should be fine. In any event, you can always apply for a \"letter from the Director of your area confirming that they’re happy for you to\" continue to be involved with that company. If they are truly unrelated, your director should have no trouble giving you such a letter.</p>\n", "score": 2 } ]

[ "contract-law", "corporate-law" ]

[ { "answer_id": 237, "body": "<p>Unjust enrichment is an equitable theory of recovery that provides a fallback, for lack of better words, avenue of recovery for situations where no contract actually exists between two parties, but one party has received a benefit. The classic example is: Jane hires Dan to mow her lawn and tells him where her house is. Dan mistakenly mows Bob's lawn next door. Dan has no contract to mow Bob's lawn, but Bob has been unjustly enriched based on Dan having mowed his lawn. In this case Dan would have an equitable claim of unjust enrichment against Bob for the value of his yard services mistakenly provided Bob.</p>\n\n<p>In sum, any time someone receives the benefit from someone else's efforts, where the one providing the benefit <strong>mistakenly</strong> provides those services in good-faith, the one receiving the benefit has been unjustly enriched.</p>\n", "score": 11 } ]

[ "liability", "restitution" ]

[ { "answer_id": 712, "body": "<p>If any elements of the game are protected by copyright, then you cannot reproduce those elements (<a href=\"https://www.law.cornell.edu/uscode/text/17/106\">17 U.S.C. §106</a>) unless your reproduction falls under a fair use exception (<a href=\"https://www.law.cornell.edu/uscode/text/17/107\">17 U.S.C. §107</a>).</p>\n\n<p>Elements that <em>may</em> be protected by copyright include:</p>\n\n<ul>\n<li>artwork</li>\n<li>specific language on each card</li>\n<li>the aggregate effects of the cards (i.e. copying a single card's effects might not infringe copyright, but if you copy the effect of a bunch of the cards, such that you are taking expression of the original author's creativity, that might infringe, even if you change the words used)</li>\n</ul>\n\n<p>Whether an element of the game is protected by copyright is a fact-intensive question that would depend on the specifics of the game. Whether your copy infringes is likewise a fact-intensive question that would depend on what you copy.</p>\n\n<p>Fair use is also a fact-intensive, case-by-case analysis, but in my opinion, it is likely that creating a computer program derivative work (<a href=\"https://www.law.cornell.edu/uscode/text/17/101\">17 U.S.C. §101</a>) of the game for your own personal education would be considered fair use. From a practical standpoint, even if it were not fair use, it would be near impossible for the copyright owner to discover.</p>\n\n<p>Posting the code on GitHub tips the scales away from fair use because of (<a href=\"https://www.law.cornell.edu/uscode/text/17/107\">17 U.S.C. §107(4)</a>): \"<em>the effect of the use upon the potential market for or value of the copyrighted work.</em>\" But, none of the factors are determinative on their own.</p>\n\n<p>You ask:</p>\n\n<blockquote>\n <p>I likely cannot simply change all the names of the various cards to something else, right?</p>\n</blockquote>\n\n<p>I agree. In my opinion, the selection and arrangement of the effects attributed to each card is an expression of the author's creativity, and no matter what you call the cards, copyright in the <em>game</em> would be implicated if you retained the effects associated with each card.</p>\n\n<blockquote>\n <p>If I start changing the rules of the game, does that make it legal for me to share my source code, for instance?</p>\n</blockquote>\n\n<p>At some point, it will be an entirely different game, so certainly, in the limit, your work would not be infringing. We can't answer where that line is, but in general, the less of the original author's creativity that you re-use, the less likely a ruling of infringement. Also, in general, the more transformative your work is, the more likely a fair use exception would apply.</p>\n", "score": 14 } ]

[ "united-states", "intellectual-property" ]

[ { "answer_id": 613, "body": "<p>I imagine that under English and Welsh law, the relevant tort would negligent misstatement, as there is no contract between the parties. From <a href=\"http://uk.practicallaw.com/2-379-9503\">Practical Law</a>:</p>\n\n<blockquote>\n <p>A claim for negligent misstatement may arise whether or not a contractual relationship exists between the parties. However, if there is a contractual relationship, it is more likely that a claim would be brought for negligent misrepresentation.</p>\n</blockquote>\n\n<p>Whether or not a claim for negligent misstatement would succeed would depend on several factors. Firstly, a duty of care must exist between the parties. From the Oxford <a href=\"http://www.oxfordreference.com/view/10.1093/oi/authority.20110810105454835\">Dictionary of Law</a>:</p>\n\n<blockquote>\n <p>A negligent misstatement is only actionable in tort if there has been breach of a duty to take care in making the statement that has caused damage to the claimant. There is no general duty of care in making statements, particularly in relation to statements on financial matters. Responsibility for negligent misstatements is imposed only if they were made in circumstances that made it reasonable to rely on them (<em>Hedley Byrne v Heller &amp; Partners Ltd</em> [1964] AC 465 (HL); <em>Caparo Industries plc v Dickman</em> [1990] 2 AC 605 (HL).</p>\n</blockquote>\n\n<p>Whether or not it was reasonable to rely on the advice is hard to say, as it depends on a number of different factors. In the light of the fact that most cases of negligent misstatement involve professionals acting in their professional capacity, it seems unlikely that a court would find it reasonable to rely on advice taken from an internet site.</p>\n\n<p>Most relevant for this question, however, is the case of <em>Gary Patchett and Karen Patchett v Swimming Pool &amp; Allied Trades Association Ltd</em> [2009] EWCA Civ 717. This is possibly the legal precedent you are looking for. <a href=\"http://uk.practicallaw.com/2-379-9503\">Practical Law</a> again:</p>\n\n<blockquote>\n <p>The Court of Appeal held by a majority that, although the website made representations that it knew users would be likely to rely on, there was not sufficient proximity between the parties, and the website advised users to obtain an information pack before engaging a contractor. Accordingly, the appellants had failed to establish the duty of care that is a required element of a claim for negligent misstatement.</p>\n</blockquote>\n\n<p>If a website owner does not owe a duty of care to its users, then it seems highly unlikely that one user would be found to owe a duty of care to another user. </p>\n\n<p>On that basis - and with the large disclaimer that I am not a lawyer - it would seem that were one to rely on the advice given on a StackExchange site, there would be few, if any, legal repercussions for the person who gave the advice. The conclusion is to get professional advice from a professional, rather than any StackExchange site - including this one!</p>\n", "score": 26 }, { "answer_id": 610, "body": "<p>The law is entirely dependent on the jurisdiction. Assuming that we are dealing with a common-law country like Australia, the UK or the US then liability can arise from three sources: the contract, statutory liability and the tort of negligence.</p>\n\n<p><strong>Contract</strong></p>\n\n<p>Well, no valuable consideration was made for the advice so there is no contract.</p>\n\n<p><strong>Statute</strong></p>\n\n<p>There may be laws in the relevant jurisdiction (which could be the jurisdiction of the asker, the answerer, the site (virtual or actual) or any/all of these) which impose a liability on the answerer. If this is an obligation to be read into a contract then see above. If this is a duty owed to the State, then it would generally be for the state to prosecute either criminally or civilly.</p>\n\n<p>It may be a breach of a code of ethics of the professional's association; in some jurisdictions this may be a mandatory code with civil or criminal penalties, in others a matter for the association alone.</p>\n\n<p>It is possible for the statute to work the other way and protect the advice giver - various Good Samaritan type Acts do this for people rendering medical aid at the scene of an accident for example.</p>\n\n<p><strong>Negligence</strong></p>\n\n<p>In order to establish negligence as a Cause of Action under the law of torts, a plaintiff must prove that the defendant:</p>\n\n<ol>\n<li>had a duty to the plaintiff,</li>\n<li>breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person),</li>\n<li>the negligent conduct was the cause of the harm to the plaintiff, and</li>\n<li>the plaintiff was, in fact, harmed or damaged.</li>\n</ol>\n\n<p>I would say:</p>\n\n<ol>\n<li>is certainly arguable - by <em>choosing</em> to answer the professional may be accepting a duty,</li>\n<li>will be a matter of fact and degree - did the professional conform to the required standard of conduct , specifically, what is a reasonable standard of conduct given the nature of the forum; on the face of it this would appear to be lower then, say, a paid commission,</li>\n<li>there would need to be a nexus between the advice offered and the harm caused, and</li>\n<li>Something bad has to actually happen.</li>\n</ol>\n\n<p>In light of my own answer:</p>\n\n<p><strong>Disclaimer:</strong> The above advice is general in nature and may not be relied upon for any purpose.</p>\n", "score": 7 }, { "answer_id": 605, "body": "<p>This answer provides some highlight into this topic, but it is related only to Massachusetts (USA) PEs. For any other state or country, look up the rules. But it follows this: </p>\n\n<p>The MA PE board posted that the one of the Basis for Discipline is: </p>\n\n<blockquote>\n <p>(1) The Board may initiate disciplinary action against a Registrant or\n an unlicensed individual or entity on its own or upon written\n complaint of any individual who alleges violation of any law or\n regulation within the Board's jurisdiction, including but not limited\n to M.G.L. c. 112, §§ 61 through 65E, 81D through 81T and 250 CMR.</p>\n \n <p>(2) The Board may, after a consent agreement between the parties or an\n opportunity for adjudicatory proceedings conducted pursuant to M.G.L.\n c. 30A, discipline a Registrant if it is determined that the\n Registrant has engaged in, without limitation to, the following types\n of conduct:</p>\n \n <p>(a) misconduct or any crime involving moral turpitude; fraud; deceit;\n incompetence; negligence; or exceeding the authorized scope of their\n registration; [<a href=\"http://www.mass.gov/ocabr/licensee/dpl-boards/en/regulations/rules-and-regs/250-cmr-700.html\" rel=\"nofollow\"><a href=\"http://www.mass.gov/ocabr/licensee/dpl-boards/en/regulations/rules-and-regs/250-cmr-700.html\" rel=\"nofollow\">1</a></a>]</p>\n</blockquote>\n\n<p><a href=\"https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXVI/Chapter112/Section61\" rel=\"nofollow\">MGL Chapter 112 Section 61</a> states that:</p>\n\n<blockquote>\n <p>A board of registration under the supervision of the division of\n professional licensure may discipline the holder of a license,\n certificate, registration or authority issued pursuant to this chapter\n or chapters 141 and 142 if it is determined, after a consent agreement\n between the parties or after an opportunity for an adjudicatory\n proceeding conducted pursuant to chapter 30A, that such holder has:</p>\n \n <p>(1) engaged in conduct <strong>which places into question the holder’s\n competence to practice the profession</strong> including, but not limited to,\n gross misconduct; practicing the profession fraudulently; practicing\n his profession beyond the authorized scope of his license,\n certificate, registration or authority; practicing the profession with\n gross incompetence; or practicing the profession with negligence on 1\n or more than 1 occasion;</p>\n</blockquote>\n\n<p>That being said, the PE can be held liable for any thing they recommend, espiclially if it is well documented, and it clearly states that their recommendation is really wrong. For the above example, where the SE user asked about cracks in the wall - I would sound an opinion, but would suggest to go and seek an in-person inspection. Especially that later on on MGL 126/61 it is stated that the board commite is not limited:</p>\n\n<blockquote>\n <p>Nothing in this section shall be deemed a limitation on a board’s\n authority to impose such reasonable sanctions as it deems appropriate\n by the board after a hearing or by a consent agreement. A person\n sanctioned under this section shall be subject to such other sanctions\n or punishment provided by law. The boards shall promulgate such rules\n and regulations not inconsistent with chapter 30A as necessary for the\n filing of charges and the conduct of proceedings.</p>\n</blockquote>\n\n<p>Lastly, if you are an engineer, be responsbile for what you claim, some stuff can hurt, others can kill. Be careful in what you recommend and in what you offer. I am not a lawyer, but am an engineer. I wouldn't recommend that guy to live in that house anyhow, because to me it looks unsafe. But hey, it is only my opinion, and take on it... </p>\n", "score": 0 } ]

[ "internet", "liability" ]

[ { "answer_id": 1114, "body": "<p>According to this press release, Toronto is \"stepping up enforcement\" of its leash by-law. You should call 311 to report violations:</p>\n\n<p><a href=\"http://www.toronto.ca/311/knowledgebase/29/101000050429.html\" rel=\"nofollow\">http://www.toronto.ca/311/knowledgebase/29/101000050429.html</a></p>\n\n<p>You can find more information here:</p>\n\n<p><a href=\"http://www.toronto.ca/311/knowledgebase/47/101000050447.html\" rel=\"nofollow\">http://www.toronto.ca/311/knowledgebase/47/101000050447.html</a></p>\n\n<p><a href=\"http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=b6c9dada600f0410VgnVCM10000071d60f89RCRD\" rel=\"nofollow\">http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=b6c9dada600f0410VgnVCM10000071d60f89RCRD</a></p>\n\n<p>You can find a list of areas where dogs are permitted to be unleashed here:</p>\n\n<p><a href=\"http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=5a81dada600f0410VgnVCM10000071d60f89RCRD&amp;vgnextchannel=b6c9dada600f0410VgnVCM10000071d60f89RCRD\" rel=\"nofollow\">http://www1.toronto.ca/wps/portal/contentonly?vgnextoid=5a81dada600f0410VgnVCM10000071d60f89RCRD&amp;vgnextchannel=b6c9dada600f0410VgnVCM10000071d60f89RCRD</a></p>\n\n<p>I note, however, that the press release says that \"A dog is considered running at large if it is unleashed, off its owner's property and not under its owner's control.\" Reading this strictly, where all three conditions must be met, a dog owner is permitted to unleash a dog if it is still possible for the owner to control the dog. I don't know how the courts have interpreted this, but it could certainly be interpreted very widely.</p>\n", "score": 4 } ]

[ "canada", "pets" ]