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1500 questions
17
votes
1 answer
If a law or state constitution is struck down as unconstitutional, is there an obligation for the legislature to repeal it?
When a court strikes down a federal/state law or state constitution as unconstitutional, can the legislature just leave that unconstitutional provision on the statute book as long as the executive does not enforce it, or is there an obligation to…
curiousenglishlawyer
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17
votes
4 answers
As a non-US person, what license may I have to use public materials from agencies of US government?
I want to reuse a gif published in this website of this US government agency. I don't see any copyright statement anywhere, except a link to Freedom of Information Act. In my vague understanding of this, it doesn't seem to say anything about having…
Ooker
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17
votes
1 answer
What is a contract and what is required for them to be valid?
What is a contract?
What elements are required for validity?
Dale M
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17
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6 answers
Is there a general duty to avoid creating unsafe situations when driving (Belgium)?
As I understand it (and please correct me if I'm wrong), in aviation and in maritime traffic, there is an overriding obligation to operate safely and avoid accidents/damage. E.g.:
Alice and Bob are both cargo ship captains. Alice is bringing her…
Drubbels
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17
votes
7 answers
Is lying on a survey illegal?
If a survey is being done, either for scientific purposes or to collect information inside a workplace, is it legal to lie in it? For example if the workplace wants to know how many employees have peanut allergies, would lying about the answer be…
AlexP
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17
votes
4 answers
Can an incapacitated individual consent to marriage?
A friend was to be married on Saturday afternoon. He suffered a debilitating stroke Saturday morning.
Today he can respond to verbal prompts to move his left hand a bit.
This occurred in the USA in the state of South Carolina but I’m also…
Kris
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17
votes
1 answer
Can I legally refuse entry to a landlord?
I am subletting an apartment from a friend who is technically my landlord. I refused him entry late at night after we had a row about a longstanding problem with one of the facilities in the apartment I just moved in to. The friend is angry at me…
myname
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17
votes
1 answer
What is the value in adding an email confidentiality notice?
The company I work for adds a disclaimer on the bottom of each email. I was wondering if it had any value. I'll list part of it below:
CONFIDENTIALITY NOTICE: This e-mail message is for the sole use of the intended recipients. ... may be…
Mitchell Kaplan
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17
votes
8 answers
Does Power of Attorney extend to voting in an election?
Let's say that a citizen of the United States is in declining mental health and is not of sound mind or body to care for their own affairs, so the family sought Power of Attorney and received it. Let's also say that before an election and before…
maple_shaft
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17
votes
3 answers
Does pre-trial detention exist only because of a resources constraint?
A lot of people are talking about alternatives to cash bail recently, which made me wonder, why does pre-trial detention exist in the first place?
My layman's understanding of pre-trial detention is that it's a kind of "buffer" or a necessary evil.…
somebodyisakoala
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17
votes
4 answers
Is it illegal in any western jurisdiction to hold a fraudulently obtained but legitimately issued passport of another country?
Are there any jurisdictions in western society where it's illegal to hold the passport of another country which was obtained fraudulently (either through lying or other means)?
To be clear, the passport itself was officially issued by the issuing…
user28517
17
votes
5 answers
Will SCOTUS be forced to rule on birthright citizenship soon?
John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago:
Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of the parents, is automatically a U.S.…
MWB
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17
votes
5 answers
Can an estate be forced to sell real estate to cover debt if the home was bequeathed to an adult child?
My mother died in West Virginia. I am her son and the executor of her will, in which the home was bequeathed to me. The estate has insufficient funds to pay medical and other debts. Can WV probate court force me to sell the home to pay the medical…
peinal
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17
votes
3 answers
How could Congress legally abolish the death penalty in all states?
Let us suppose that a sufficiently large majority of the US Congress, with the agreement of the President, decided that the death penalty should be abolished throughout the nation, both at the federal and state level. How could they make it…
Nate Eldredge
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17
votes
3 answers
Is downloading a torrent chunk copyright infringement?
A torrent works by breaking a file into small chunks, each of which can be shared between peers. This speeds up downloads because peer A could be sharing chunk 1 with you while peer B could be sharing chunk 8 with you etc. (See BitTorrent and…
user248