question stringlengths 15 182 | context stringlengths 30 12.5k | answer_id int64 7 94.7k | answer stringlengths 30 27.8k | answer_score int64 0 174 |
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Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,666 | Moral luck You have raised the issue of moral luck , a long recognized problem in criminal theory. The classic expositions of this issue are by Thomas Nagel , in his chapter, " Moral Luck " (1979) and Bernard Williams , " Moral Luck " (1976). Specifically, you are describing what they call outcome luck, or consequentia... | 72 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,674 | Drunk driving remains, per se, "victimless" - a breach of regulations - until someone actually becomes a victim. That puts less emphasis on the punitive role of the justice system and more on deterrence and rehabilitation. The standards for charging someone with DUI are much lower than with vehicular homicide. DUI is a... | 26 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,677 | Drivers are negligent all the time. Not only by drunk driving, but also by speeding, driving when really tired, etc. The question is, what level of negligence is enough to call it recklessness? The rough method that is applied here is: If you killed someone, and the killing is connected to your negligent behaviour, the... | 8 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,669 | Have you seen or watched the movie Minority Report? People were arrested and imprisoned based upon what they would have done in the future. While you are probably unable to drive in a reasonably safe manner in that condition, getting into an accident moves that from probably to certainly. You didn’t just subject yours... | 7 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,681 | The question "How drunk is drunk?" is legally more flexible than "How dead is dead" Ultimately, the range of "Too drunk" could be heavily varied - depending on the region, the Blood Alcohol Content (Or BAC) can vary by jurisdiction; some countries have a maximum BAC of 0.02%, and others a BAC of 0.08%. How these limits... | 6 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,710 | Although some of the answers make a good comparison between retributive and preventative punishment, there is a more utilitarian purpose for this difference. Simply put, the law exists so people do not need to seek whatever they want through illegal means. If someone kills a man in a hypothetical world without law, the... | 3 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,717 | Consider these two scenarios: Alice has never driven whilst drunk before, but this one time she's forgotten that she came to the dinner party by car and drinks some wine. Realising her mistake, she drives home exceedingly careful and slow, which raises the suspicion of a policeman who tests her and finds the alcohol le... | 2 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,735 | We know alcohol impairs higher cognitive function, but the degree to which it does varies greatly from one person to the next (and depends heavily on other factors, such as what else you've eaten or drunk), and the ways in which it affects individuals also varies. Never mind that the same person could also be more or l... | 0 |
Why is drunk driving causing accident punished so much worse than just drunk driving? | When people drink and drive and then cause an accident especially where if someone dies they get years and years in prison but just the act of drunk driving is punished way more lenient. Shouldn't the 2, drunk driving and drunk driving then causing accident be similarly punished? I feel like a lot of times it's luck ... | 94,739 | Harming someone, or being drunker, offers different facts that violate more laws. It's simple: if you do more stuff, you can violate more laws at the same time. And some laws are just written in such a way, that violating them is punished harder. So: Violating some laws gets you punished harder than others. And with dr... | 0 |
What counts as consideration in contract law? | What counts as consideration in contract law? Does consideration from party A have to be to the benefit of the party B? | 94,672 | See generally Hamer v. Sidway (1891), 124 NY 538 , citing indirectly Currie v Misa (1875) LR 10 Ex 893: 'A valuable consideration in the sense of the law may consist either in some right, interest, profit or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered or und... | 1 |
What counts as consideration in contract law? | What counts as consideration in contract law? Does consideration from party A have to be to the benefit of the party B? | 94,697 | Pretty much anything that is neither illegal nor a pre-existing obligation can be consideration. A necessary pre-condition for any trade or contract is a different valuation of whatever is being traded. Inherent in that is that judges and legislators would value it differently. Given that, who is to say that a contrac... | 1 |
What counts as consideration in contract law? | What counts as consideration in contract law? Does consideration from party A have to be to the benefit of the party B? | 94,713 | united-states Consideration is usually an element of a valid contract. But consideration is not required at all for a personal guarantee of a debt, for marital agreements entered into during a marriage, or for some (but not all) forms of contract modifications (usually singled out by statute). Any benefit to one party,... | 1 |
Question Concerning Responding to Employer of Minor Daughter Paid Under Minimum Wage | My high school daughter worked for about a year for an employer who owns a tutoring company in our town. Due to friction between my daughter and the employer, my daughter recently quit but she realized that she was being underpaid for much of this year (2023) because the minimum wage here in California is currently $15... | 94,687 | Read the terms It’s quite likely that, if you took this to court, the employer would be liable to pay your daughter interest on the underpayment and possibly be fined by the state for failing to follow the law. The terms probably are offering to pay the back pay with no interest and your daughter agreeing to confidenti... | 3 |
Question Concerning Responding to Employer of Minor Daughter Paid Under Minimum Wage | My high school daughter worked for about a year for an employer who owns a tutoring company in our town. Due to friction between my daughter and the employer, my daughter recently quit but she realized that she was being underpaid for much of this year (2023) because the minimum wage here in California is currently $15... | 94,699 | The form most likely includes a statement somewhere that you won’t take further legal action. Your underage daughters signature would not be legally binding as she is underage, and so you could get the money and sue. Your signature on the other hand makes it a legally binding contract on your part and would probably o... | 1 |
Can Hawaii secede from the U.S. through legal means? | Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to secede from the U.S. just like Russia or China wouldn't accept it. | 67,111 | Currently, there is no legal means for a state to secede form the U.S. A quick Google search yields So you want to secede from the U.S.: A four-step guide - The Washington Post : "When the Confederate states seceded in 1861 and were then defeated in
the Civil War, the argument is that they demonstrated that you can't
s... | 9 |
Can Hawaii secede from the U.S. through legal means? | Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to secede from the U.S. just like Russia or China wouldn't accept it. | 67,120 | The US Civil War is generally taken to have settled the question as to whether any state can, on its own, leave the Union. It cannot.
In Texas Vs White et al 74 U.S. 700, 19 L.Ed. 227,
7 Wall. 700 1868 the US Supreme Court confirmed this when wrote (in pars 101 & 102 of the opinion): When, therefore, Texas became one o... | 4 |
Can Hawaii secede from the U.S. through legal means? | Can Hawaii secede from the U.S. through legal means or is it forbidden by U.S. law? I am asking, because I doubt the U.S. would accept the result of a referendum that rules that the Hawaiians want to secede from the U.S. just like Russia or China wouldn't accept it. | 67,112 | No, not alone. There is no constitutional means to leave the union under the current US constitution ( Art. 4 §3 is a one-way path). An amendment could be made to allow secession. | 2 |
Legality of privately bibby Stockholming to save land costs | It seems that the principal impetus of moving migrants onto barges like the Bibby Stockholm is to save the costs of renting property in which to accommodate the migrants on dry land. Rental costs are no doubt high as anyone will know. But what is the legality of mooring semi permanent barges such as the Bubby Stockholm... | 94,712 | england-and-wales then what stops private citizens from residing on such structures? Nothing. Anyone who can be a tenant of a house or apartment can be a tenant of a boat. The [general framework at a very broad and high level] of legality of mooring semi permanent barges such as the Bubby Stockholm off the British coas... | 1 |
Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail? | In this answer to my Politics SE question *Is former president Trump "out on bail" as Chris Christie asserts? If so, were campaign funds used? which ends: Bail is a particular type of bond in which the defendant submits an upfront payment that will be held until he returns to court, but there's no indication Trump was ... | 94,696 | Here is one of the three Trump appearance bonds. As you can see, it is a personal recognizance bond, and not a dollar amount bond. He promises to appear, as required, and there is no money involved. There is a direct indication that he was not required to "post bail", which is a stronger statement that "no indication t... | 15 |
Can defendants arraigned in federal court sometimes be "out on bail" secretly with no way for the public to know about or verify the bail? | In this answer to my Politics SE question *Is former president Trump "out on bail" as Chris Christie asserts? If so, were campaign funds used? which ends: Bail is a particular type of bond in which the defendant submits an upfront payment that will be held until he returns to court, but there's no indication Trump was ... | 94,700 | It would be an extraordinary circumstance for a defendant to be out on bail or bond without that fact being part of the public record. In general, the public has access to court records under both the First Amendment and under the common-law right of access to judicial records, and it is difficult for a party or a cour... | 8 |
What role does the person who signs post incorporation paperwork have in the company? | I am a minor and my mother would be signing both the incorporation documents, I am under the impression there is no problem there as she would have no role. Since she signed these documents, does she hold any additional duties or responsibilities as a result of that signature? How can she relinquish those responsibilit... | 30,616 | Running a C-Corp is no easy matter, I would suggest first you look very hard at why you want to do a C-Corp vs an LLC with an S-Corp election. There is a lot of documentation/formalities that if not followed allow somebody to "pierce the veil" and bind the principles legally. You also miss out on tax savings opportunit... | 2 |
A 3 point credit is applied to your driving record for a 2-year period | Does the following statement mean that the 3 point credit is only good for 2 years and after that the credit points will disappear? " If a Government-approved defensive driving course has been successfully completed prior to accumulating 15 or more points, a 3 point credit is applied to your driving record for a 2-year... | 90,549 | Yes, that's what that means. But if you continue reading the article that you referenced, you will see that demerit points themselves also expire after 2 years: When 2 years have passed from the date of a conviction, the demerit
points assessed for that conviction are removed from your driver's
record. | 2 |
Is there a viable cause of action for exposing someone of academic misconduct? | Is there a viable cause of action for exposing someone's academic misconduct from a country different than the one the exposed person lives and works. For instance if you live in a European country, the exposed person also lives in a different European country and the site that exposes him is based in America such as t... | 94,694 | If A defames B, the fact that the parties live and work in different countries is not a bar to a defamation lawsuit. This is not changed when platform C is headquartered in a third country. A choice of law question does arise, which is important because B can always sue A, but they might have a legally-better outcome ... | 1 |
Is use of force in defense of another legal if the person being defended opposes the use of force? | Bob threatens John with a gun. Alice, who is also carrying a gun (legally), draws her gun and aims at Bob, intending to shoot him in defense of John, who is unarmed. John says to her, "Don't shoot him!" Alice shoots Bob anyway. Is this legal? Assume that it would have been unquestionably legal had John consented or rem... | 94,688 | england-and-wales Alice's defence will be that she had an honest belief, given the circumstances, that force was necessary and the force she used was reasonable in defence of John (and possibly Alice). John's consent is irrelevant unless it had some bearing on that. Why did John oppose the use of force? Did John tell ... | 4 |
Is use of force in defense of another legal if the person being defended opposes the use of force? | Bob threatens John with a gun. Alice, who is also carrying a gun (legally), draws her gun and aims at Bob, intending to shoot him in defense of John, who is unarmed. John says to her, "Don't shoot him!" Alice shoots Bob anyway. Is this legal? Assume that it would have been unquestionably legal had John consented or rem... | 94,689 | canada This is a standard defence-of-another / self-defence analysis See Is it legal to use force against a person who is trying to stop you from rescuing another person? Is it legal to use force against a person who is illegally trying to disconnect a hospital patient's life support with intent to kill the patient? Ca... | 2 |
Is use of force in defense of another legal if the person being defended opposes the use of force? | Bob threatens John with a gun. Alice, who is also carrying a gun (legally), draws her gun and aims at Bob, intending to shoot him in defense of John, who is unarmed. John says to her, "Don't shoot him!" Alice shoots Bob anyway. Is this legal? Assume that it would have been unquestionably legal had John consented or rem... | 94,686 | germany has §32(2) StGB Notwehr ist die Verteidigung, die erforderlich ist, um einen gegenwärtigen rechtswidrigen Angriff von sich oder einem anderen abzuwenden. Self-defense is the defense which is necessary to defeat a present, unlawful attack against oneself or another . (my translation, emphasis by me) The question... | 1 |
Leading customers to use cheaper solution invented for another domain instead of expensive patented solution. Infringement? | Let's say there is a patented product A for domain A and there is a product B that does the same work but is invented for a different domain B. If a company in domain A shows its customers that they can also use product B for domain A, is it an infringement of the patent? The intention is obviously to lead users to be ... | 94,675 | There are several issues - one is that patents are given for specific ways of solving a problem, sometimes very narrowly different from other ways of solving a problem, not for a result. There are usually many ways to achieve a result. Another, that you bring up, is “field of use”. That comes into play in method claims... | 4 |
Leading customers to use cheaper solution invented for another domain instead of expensive patented solution. Infringement? | Let's say there is a patented product A for domain A and there is a product B that does the same work but is invented for a different domain B. If a company in domain A shows its customers that they can also use product B for domain A, is it an infringement of the patent? The intention is obviously to lead users to be ... | 94,680 | It probably doesn't violate the patent because it uses two cameras instead of three. I'm not a lawyer, but it seems pretty apparent to me that the Intel device doesn't violate the patent. The patent states the following: (b) a pair of stereoscopic witness cameras are fixed directly or indirectly to the film camera; The... | 3 |
Is it trademark fair use to use company name/logo on your resume? | I have an online resume website that I created, and I list the logos of companies I've work with over the course of my career. Rather than a dry date list of work experience, I'm just listing the names and logos of the companies on the website. I even have a disclaimer stating this in no way represents endorsement or s... | 94,676 | No, it's not fair use . It's also not nominative fair use (the fair use equivalent for trademarks) as another answer suggests. Why is it not nominative fair use? There are three conditions for nominative fair use (taken from Wikipedia ): The product or service cannot be readily identified without using the trademark (e... | 3 |
Is performing another's duty a valid form of consideration? | Under state law parents have a legal duty to among other things educate minor children until they graduate from high school or an approved equivalent. The state also provides for public schools which are mostly taxpayer funded (the final two years of my high school education would have cost my parents about $1,500 in u... | 94,673 | Contracts are routinely held to be valid even when there is negligible or literally zero financial “gain” (compensation, which they take into consideration in order to enter into the contract). A document purporting to be a contract might be held invalid if it is a bare promise like “I promise to give you $100 on Frida... | 3 |
Why is research grade ethanol seemingly exempted from excise duties while pure ethanol ment for consumption isn't? | At Sigma-Aldrich I can buy one liter of unadulterated ethanol for just 26.60 EUR. This ethanol contains no additives and is pure enough for analytical purposes. Its made by fermenting grain or sugarcane. The solution contains 95.5% ethanol. However, when I try to buy the same amount of consumer grade ethanol, then I su... | 94,636 | Because there’s an exemption Which requires denaturing. But there’s also an exemption to the exemption for when denaturing is not appropriate. Such as for laboratory use. | 10 |
Why is research grade ethanol seemingly exempted from excise duties while pure ethanol ment for consumption isn't? | At Sigma-Aldrich I can buy one liter of unadulterated ethanol for just 26.60 EUR. This ethanol contains no additives and is pure enough for analytical purposes. Its made by fermenting grain or sugarcane. The solution contains 95.5% ethanol. However, when I try to buy the same amount of consumer grade ethanol, then I su... | 94,642 | Medical or Lab Alcohol are taxed differently For the excise tax, some alcohols are not counted, as the government (Customs Administration of the Netherlands, Ministry of Finance) themselves say: Excise goods Under certain conditions, you can be exempted from excise duty. Examples include: ethyl alcohol not intended for... | 10 |
Work time when unable to work due to power outage (germany) | I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers). We had a power outage due to a snow storm, resulting in ~2 hours without electricity. In those 2 hours, I took my 30 minute mandatory pause. When it seem... | 88,850 | If you were in the office, and ready to take instructions what to do from your manager, then you were legally working and need to be paid. There's plenty of things you can do in an office without electricity unless it's too dark. If the manager didn't ask you to do anything, it's the company's problem, not yours. If yo... | 8 |
Work time when unable to work due to power outage (germany) | I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers). We had a power outage due to a snow storm, resulting in ~2 hours without electricity. In those 2 hours, I took my 30 minute mandatory pause. When it seem... | 94,524 | Assuming you are a regular employee and were present and ready to do work during your contractually agreed working hours, you are entitled to your salary for that time, even if you could not actually do anything productive. The fact that your work needs electricity is something the employer has to make sure is availabl... | 5 |
Work time when unable to work due to power outage (germany) | I'm working in an office space where I don't have fixed daily hours but a weekly amount of hours in my contract. Electricity is necessary to do my job (on computers). We had a power outage due to a snow storm, resulting in ~2 hours without electricity. In those 2 hours, I took my 30 minute mandatory pause. When it seem... | 88,862 | Company office or co-working space? If the workplace was provided by the company, the answer by gnasher729 applies. You were not even required to take your break at that point, if it wasn't the normal lunch time. These days some workers are working either from home or from a self-provided offices, which would put more ... | 4 |
Who has ultimate responsibility for a child injured on a school trip? | A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who is legally responsible for the child? Is it the school (since the waiver is void, and by default the school is responsi... | 94,653 | So many things were not addressed, so a precise answer is not possible. But to try to raise the proper questions you should be thinking about: Should the school have known the permission slip was forged? Was the forgery particularly bad, and the school was lax in not examining it? Did the student have a history of forg... | 16 |
Who has ultimate responsibility for a child injured on a school trip? | A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who is legally responsible for the child? Is it the school (since the waiver is void, and by default the school is responsi... | 94,648 | england-and-wales Assuming consent is actually required 1 and the forged signature is convincing enough: in absence of statute or case law to the contrary (that I can find) I suggest that the school has accepted loco parentis responsibility for the child by taking him on the trip. Also assuming the injury was caused by... | 10 |
Who has ultimate responsibility for a child injured on a school trip? | A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who is legally responsible for the child? Is it the school (since the waiver is void, and by default the school is responsi... | 94,647 | The school has a duty of care towards its students If they discharged that duty, they are not responsible (liable); if they didn’t, they are. The duty is discharged by acting reasonably. Without knowing what the school did or did not do and how, if at all, that contributed to the injury, it’s impossible to guess if the... | 9 |
How many indictments before imprisonment? | Donald Trump, ex-president of U.S.A., has many indictments on him, but yet he is still roaming as a free citizen. Questions: How many indictments does it take for Donald Trump to be imprisoned? Can a person who is indicted, before running for president, become president? What's the purpose of indicting Mr. Trump if ind... | 94,663 | How many indictments does it take for Donald Trump to be imprisoned? An unlimited amount. Imprisonment is usually authorized as a result of a conviction rather than from an indictment. Pretrial detention following an indictment but prior to a conviction is permitted, but discretionary in the judgment of the judge. Also... | 8 |
How many indictments before imprisonment? | Donald Trump, ex-president of U.S.A., has many indictments on him, but yet he is still roaming as a free citizen. Questions: How many indictments does it take for Donald Trump to be imprisoned? Can a person who is indicted, before running for president, become president? What's the purpose of indicting Mr. Trump if ind... | 94,662 | You could have 100 indictments. You have to wait until one of the cases is finished with a "guilty" verdict. The possibility may not have occured to anyone. Obviously yes if indictments end with a "not guilty" verdict. When you go to court accused of murder, until the verdict is given it is "only" an accusation. That's... | 2 |
How many indictments before imprisonment? | Donald Trump, ex-president of U.S.A., has many indictments on him, but yet he is still roaming as a free citizen. Questions: How many indictments does it take for Donald Trump to be imprisoned? Can a person who is indicted, before running for president, become president? What's the purpose of indicting Mr. Trump if ind... | 94,664 | Indictments are just accusations. Until convicted, Trump is innocent. Jailing people between indictment and trial is considered a necessary evil, not a good thing. It's done to either protect the public or ensure the defendent shows up. In cases where neither is a problem, the accused isn't locked up. Crimes and pubish... | 2 |
Who is at fault in a car accident when running a red light? | This question is prompted by me sitting at a green light today while multiple people streamed through from the opposite direction, turning to their left, against a red turn arrow. (Throughout this question, assume right-side traffic, as in North America, and no one-way streets.) If I have a green light and enter a clea... | 94,656 | The apportionment of fault will be highly case specific, based on ordinary principles of negligence. In one example, the fault was apportioned with 60% of the fault to the late left turner and 40% of the fault to the driver advancing imprudently into the intersection on a green light. See Pierce v. ING Insurance , 2006... | 10 |
What is a "lead defendant" in U.S. law? | In its opposition to the government's motion for a protective order in United States of America v. Donald J. Trump, Waltine Nauta, and Carlos De Oliveira , Waltine Nauta's defense refers to Donald Trump as the "lead defendant". I'm wondering whether this is a precisely defined legal term. The term is apparently in comm... | 94,652 | england-and-wales "Lead defendant" is not used, unless colloquially by some, but a comparable term would be "principal defendant" which is more than mere style as it becomes important when establishing the hierarchy of defendants for, say, culpability and at sentencing (i.e. it has some legal implications). It could al... | 4 |
Typo in disclaimer - worst case scenario | I've noticed a typo on an investment company's disclaimer in a brochure, to the effect: This company and its research affiliate June continue to have such
dealings and June also have other ongoing business dealings with other
firms whose products are included herein. Clearly some one replaced all instances of "may" and... | 94,641 | Garbled and ambiguous? I guess it took you all of 20 seconds to work out what it meant. Why do think a court can’t do that too? Documents contain typos, that doesn’t necessarily make them ambiguous. The automatic correction of typos is known as the Scrivener’s doctrine - a scrivener being an almost archaic term for a c... | 3 |
If someone robs a bank at which (s)he has an account, can the bank deduct that amount from the robber's account? | Bob has $100,000 in an account at First Example Bank. Bob robs the bank, taking $50,000, and he escapes. He is never caught, but the bank is 100% sure that he is the one who robbed the bank. Can they deduct $50,000 from his account to cover the loss, effectively turning the robbery into a withdrawal? Obviously, this do... | 94,630 | If there has been no trial establishing Bob's guilt, the bank does not know that it was Bob who did rob the bank. Even if the bank has Bob on the security video feed, claiming that, "As my name is Bob, I will shoot anyone who does not follow my instructions", and Bob left behind his driver's licence at the heist, the b... | 34 |
If someone robs a bank at which (s)he has an account, can the bank deduct that amount from the robber's account? | Bob has $100,000 in an account at First Example Bank. Bob robs the bank, taking $50,000, and he escapes. He is never caught, but the bank is 100% sure that he is the one who robbed the bank. Can they deduct $50,000 from his account to cover the loss, effectively turning the robbery into a withdrawal? Obviously, this do... | 94,659 | I don't know if it's normal or not, but my Credit Union's membership agreement says that they can permanently freeze the account without warning to members who "cause a loss". They can also seize money for "obligations" though I don't know if that requires a trial or not. At any time and without notice we may suspend ... | 11 |
Someone withdrew money from my bank account - what are my rights? | Someone withdrew money from my checking account (in several transactions) without my knowledge or permission. I was able to see the withdrawal slips online, and my signature was forged. I reported this to my bank as soon as I found out, and Chase said that the money would be reimbursed once they completed their inves... | 4,818 | I reported this to my bank as soon as I found out, and Chase said that the money would be reimbursed once they completed their investigation (within 10 business days). Chase was likely indicating that the money will be reimbursed within 10 business days of completing their investigation; not 10 business days from the d... | 7 |
Someone withdrew money from my bank account - what are my rights? | Someone withdrew money from my checking account (in several transactions) without my knowledge or permission. I was able to see the withdrawal slips online, and my signature was forged. I reported this to my bank as soon as I found out, and Chase said that the money would be reimbursed once they completed their inves... | 4,736 | You will need to identify a defendant in order to bring any claim. This isn't something you have a lot of control over - only law enforcement can require the production of surveillance records in the absence of court proceedings (you would otherwise subpoena such records from the bank). You'd need to contact the police... | 2 |
Someone withdrew money from my bank account - what are my rights? | Someone withdrew money from my checking account (in several transactions) without my knowledge or permission. I was able to see the withdrawal slips online, and my signature was forged. I reported this to my bank as soon as I found out, and Chase said that the money would be reimbursed once they completed their inves... | 94,658 | Disclaimer: This depends on the jurisdiction, but probably holds in many places. I am not a lawyer licensed to practice in your jurisdiction, or a lawyer. This is just information I picked up here and there, mostly in England. A bank account is a debt - you have loaned the bank money, repayable on your demand. Your acc... | 0 |
What are the legal ramifications for someone whose birth was concealed? | I understand that in the US, concealment of birth is against the law. I looked it up, and apparently it is a felony in most US states. (FYI I'm asking because it pertains to a work of fiction I'm writing before anyone gets the wrong idea about me!) Here's the question... What are the legal ramifications towards an i... | 94,607 | Does this person have witnesses to his existence? Particularly before the age of five? Under 8 U.S. Code § 1401, native-born citizens include a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been bor... | 19 |
What are the legal ramifications for someone whose birth was concealed? | I understand that in the US, concealment of birth is against the law. I looked it up, and apparently it is a felony in most US states. (FYI I'm asking because it pertains to a work of fiction I'm writing before anyone gets the wrong idea about me!) Here's the question... What are the legal ramifications towards an i... | 94,610 | As a result, this individual has no SSN and might not legally exist. A living person exists. It is not necessary to be registered anywhere to exist. Could they be in legal jeopardy in any way? They won't be able to work until they register with the Social Security Administration. As suggested in another answer, they ... | 5 |
What are the legal ramifications for someone whose birth was concealed? | I understand that in the US, concealment of birth is against the law. I looked it up, and apparently it is a felony in most US states. (FYI I'm asking because it pertains to a work of fiction I'm writing before anyone gets the wrong idea about me!) Here's the question... What are the legal ramifications towards an i... | 94,624 | It's difficult to document that a law requiring a person who cannot obtain proof of birth in the US to register his/her birth does not exist, since there is such a vast volume of state and federal law. But a document from USCIS states If you were born in the United States, you do not need to apply to
USCIS for any evid... | 1 |
In what forum would Iran sue Pakistan in for damages? | According to reports, Iran may claim $18 billion in damages from Pakistan for an unfinished pipeline if Pakistan does not complete its part of it as agreed. What forum would such a claim take place in? | 94,651 | According to reports , one potential forum is the International Court of Arbitration . All reports I see say that the agreement specifies that the forum will be an arbitration forum. Whether it can be any arbitration forum or if it must be the ICC, or can be selected from a list, depends on the specific wording of the ... | 4 |
Where when and how did the idea of “reasonableness” originate? | What period did it come into regular legal usage? Did it originate as a judicial device first or did it begin as something that would be explicitly coded into statutes? | 94,120 | See Harold J. Berman, "The Origins of Historical Jurisprudence: Coke, Selden, Hale" (1994) 103 Yale Law Journal 1651, p. 1691, n. 101: the translation of "reason" into "reasonableness" and the exaltation of "common sense" are English developments of the seventeenth century, to which Coke contributed. At p. 1718-19: Cok... | 5 |
Where when and how did the idea of “reasonableness” originate? | What period did it come into regular legal usage? Did it originate as a judicial device first or did it begin as something that would be explicitly coded into statutes? | 94,131 | The "reasonable man" standard in the common law of torts is sometimes attributed to the English case of Vaughan v. Menlove (1837). | 2 |
When did indictments stop saying people were "moved and seduced by the instigation of the Devil"? | Criminal indictments used to use much more detailed and flowery language than they do now. I was surprised to learn, while looking at some early U.S. documents, that they had retained a feature of indictments from English common law. For some crimes, the accused was said to have done the deeds not having the fear of Go... | 94,646 | It appears that: This language was seen as a bit ridiculous and unnecessary even at the time, and more so as the 19th century progressed. The main objection is that the language is redundant or merely decorative. There was a general trend to make indictments describe the alleged offences in more ordinary language, with... | 2 |
Is a "login timestamp" considered as personal data according to GDPR? | If software is saving the timestamp of the last login of a user , would that timestamp itself be considered personal data by GDPR? | 94,640 | You ask the wrong question first What do you save in the database? Let's take an example of a door: Do you have a legitimate interest to know/save who passed this door? Do you have a legitimate interest to know/save when the door was opened? Do you have a legitimate interest to know/save both? Only now , once you have ... | 27 |
Is a "login timestamp" considered as personal data according to GDPR? | If software is saving the timestamp of the last login of a user , would that timestamp itself be considered personal data by GDPR? | 94,639 | The timestamp being among the data related to "an identified or identifiable natural person (‘data subject’)", the user, yes it is personal data. GDPR Article 4(1) : ‘personal data’ means any information relating to an identified or
identifiable natural person (‘data subject’); an identifiable natural
person is one who... | 21 |
How far can cooperation between law enforcement and intelligence agencies go? | https://s3.documentcloud.org/documents/1164085/sidtoday-dea-the-other-warfighter.pdf This is a report explaining that DEA was aided by NSA's surveillance system at the time they were persecuting a wanted criminal Gonzalo Hinojosa while he had been in Panama by using data obtained by NSA's systems. The report suggests t... | 90,446 | As far as the legal powers of the organisation(s) allow By this, I mean that if what the DEA was doing was allowed under the laws that govern the DEA, and what the NSA was doing was allowed under the laws that govern the NSA, then they can cooperate as much as they want. The could investigate jaywalking together if the... | 2 |
How far can cooperation between law enforcement and intelligence agencies go? | https://s3.documentcloud.org/documents/1164085/sidtoday-dea-the-other-warfighter.pdf This is a report explaining that DEA was aided by NSA's surveillance system at the time they were persecuting a wanted criminal Gonzalo Hinojosa while he had been in Panama by using data obtained by NSA's systems. The report suggests t... | 94,644 | Intelligence is Law Enforcement. germany BND, Verfassungsschutz and MAD and the Landesbehörden für Verfassungsschutz create 19 branches of intelligence organisations . Those are specially classed as Nachrichtendienste in german law, separate from the federal police branches of Bundeskriminalamt (roughly equivalent ot t... | 0 |
Is there any country in the EU that forbids ritual cattle slaughter? | Is there any country in the EU that forbids ritual cattle slaughter? If so, where are the halal and kosher certified meats sourced from? | 94,613 | Quite the contrary. In most European countries, shechita is - at least under certain conditions - legal. Only in the blue-marked countries is it generally forbidden; in the green-marked countries prior anaesthesia is required. That is, pre-cut stunning is required in Sweden, Belgium and Denmark (and Iceland, Norway an... | 20 |
Does withholding non-medical information affect medical consent? | In an episode of the medical drama 'House', a patient needing a liver transplant is offered a live donation from her girlfriend. During the episode there's a continual argument over the ethics of whether they should tell the donor that the patient was about to break up with her prior to the hospital admission. I am won... | 94,566 | The primary question is whether remaining silent would constitute a breech of medical ethics. The pertinent ethical principle is AMA Opinion 2.15 One of the requirements is that the donor be assigned an advocate team whose interest is the donor, not the patient, and these should generally be distinct individuals in ord... | 15 |
Is it illegal to hire by age in the US? | Maybe one of the fields that has the most "ageism" is programming and software engineering jobs. There were multiple times I hear of the CEO or SVP at the final approval stage: "we want to hire a more junior person", and rejected the candidate and the 10 hours of interviews by 6 tech people and 3 manager level people. ... | 94,631 | The Age Discrimination in Employment Act of 1967 (ADEA) protects
certain applicants and employees 40 years of age and older from
discrimination on the basis of age in hiring, promotion, discharge,
compensation, or terms, conditions or privileges of employment. U.S. Department of Labor . State child labor laws establish... | 6 |
Is it illegal to hire by age in the US? | Maybe one of the fields that has the most "ageism" is programming and software engineering jobs. There were multiple times I hear of the CEO or SVP at the final approval stage: "we want to hire a more junior person", and rejected the candidate and the 10 hours of interviews by 6 tech people and 3 manager level people. ... | 94,635 | “A more junior person” is not necessarily age discrimination If I have a position to fill that is suited to a new graduate then the fact that most new graduates are younger than the average workforce is not, of itself, age discrimination. Similarly, if I have a job for a senior person, they are likely to be older than ... | 3 |
Is it illegal to hire by age in the US? | Maybe one of the fields that has the most "ageism" is programming and software engineering jobs. There were multiple times I hear of the CEO or SVP at the final approval stage: "we want to hire a more junior person", and rejected the candidate and the 10 hours of interviews by 6 tech people and 3 manager level people. ... | 94,637 | germany Germany has the AGG . It is based on European guidelines, so while the local laws in each country vary and are named differently, each country in the EU will have a similar law. Ziel des Gesetzes ist, Benachteiligungen aus Gründen der Rasse oder wegen der ethnischen Herkunft, des Geschlechts, der Religion oder ... | 3 |
Was this a case of negligent homicide, and have any other offences been committed here? | Disclaimer: I do not aim to take a position on the ethics of this situation with this question. This question, and all details of the hypothetical case at hand, merely arose from a discussion I recently had, and the law surrounding it intrigued me. Facts of this hypothetical case Joanne is the mother of Jordan, who is ... | 94,625 | Does any American state have a statute under which Joanne would be
liable for her son's death? Probably not. None of the mother's conduct seems like a basis for a homicide prosecution. Suicide is only prosecuted, in states that allow it to be prosecuted at all, for conduct with a calculated purpose to cause a suicide, ... | 3 |
Was this a case of negligent homicide, and have any other offences been committed here? | Disclaimer: I do not aim to take a position on the ethics of this situation with this question. This question, and all details of the hypothetical case at hand, merely arose from a discussion I recently had, and the law surrounding it intrigued me. Facts of this hypothetical case Joanne is the mother of Jordan, who is ... | 94,626 | On the facts as presented, there might be some criminality here But it all depends on facts not stated new-south-wales The son Suicide is no longer a crime in NSW. The mother I can see no criminality here. It is an unfortunate fact that children take their own lives, and sometimes this happens after arguments with thei... | 2 |
Can a woman living in Brazil collect child support from someone in the United States? | The baby was born in the United States but has been living in Brazil for 6 years. The mother is a Brazilian citizen. | 94,602 | Can a woman living in Brazil collect child support from someone in the
United States? Yes. There would need to be first, a legal establishment of paternity if that is not already in place, and then an application to a court for a child support order. The question of whether one should proceed in a U.S. court or a Brazi... | 16 |
Is deliberate radio interference a crime? | I know that it is forbidden by FCC regulations to deliberately interfere with radio communications, but is it a crime? | 94,621 | Yes. 47 U.S. Code § 333 (part of the Communications Act of 1934 as amended) bans willful or malicious interference. § 501 imposes a general penalty for any violation of the Communications Act that doesn’t have a different penalty defined elsewhere in the Act. A first offense is a misdemeanor punishable by up to a $10,0... | 18 |
Is deliberate radio interference a crime? | I know that it is forbidden by FCC regulations to deliberately interfere with radio communications, but is it a crime? | 94,618 | United Kingdom It is an offence : the Wireless Telegraphy Act 2006 states 68 Deliberate interference (1) A person commits an offence if he uses apparatus for the purpose of interfering with wireless telegraphy. About the possibly narrow definition of Wireless Telegraphy , this section of the Act says 116 “Wireless tele... | 11 |
Is deliberate radio interference a crime? | I know that it is forbidden by FCC regulations to deliberately interfere with radio communications, but is it a crime? | 94,620 | Yes. A violation of basically any FCC regulation is a criminal offense under either 47 U.S.C. § 502 or 47 U.S. Code § 501 : Any person who willfully and knowingly does ... any act ... in this chapter prohibited or declared to be unlawful ... shall, upon conviction thereof, be punished for such offense, for which no pen... | 7 |
Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal? | A drone intrusion prevention product being advertised at RSA Conference this year has piqued my interest, and I'm trying to determine whether it and other drone IPS systems are illegal. For background, a WIPS is a device which looks for unexpected WiFi access points nearby and purposefully sends de-authentication packe... | 23,698 | For the USA, the FCC has a few words to say on the subject: “Generally, “jammers” — which are also commonly called signal blockers, GPS jammers, cell phone jammers, text blockers, etc. — are illegal radio frequency transmitters that are designed to block, jam, or otherwise interfere with authorized radio communications... | 6 |
Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal? | A drone intrusion prevention product being advertised at RSA Conference this year has piqued my interest, and I'm trying to determine whether it and other drone IPS systems are illegal. For background, a WIPS is a device which looks for unexpected WiFi access points nearby and purposefully sends de-authentication packe... | 26,812 | In the United States - Flying within Class G airspace (max 400 ft.) over private property without permission is trespassing (min 500 ft.) A 107 certified pilot is not restricted to 400 ft., and may have a BVLOS waiver. (It can be difficult to assess whether a drone is above 500 feet.) In the US, it is a violation of fe... | 6 |
Are Drone Intrusion Prevention Systems (Drone IPS) systems illegal? | A drone intrusion prevention product being advertised at RSA Conference this year has piqued my interest, and I'm trying to determine whether it and other drone IPS systems are illegal. For background, a WIPS is a device which looks for unexpected WiFi access points nearby and purposefully sends de-authentication packe... | 17,406 | UK-based answer: With regards to rights above land, we know from Bernstein v Skyviews and General Ltd [1978] QB 479 that a person owns: "the airspace above his land to such height as was necessary for the ordinary use and enjoyment of his land and the structures upon it" Though this wouldn't allow you to sue someone fo... | 3 |
I want to know if i have the right to push someone if they slapped me in self defense | I have a question, about 3 or 4 months ago, i was just outside chilling with some of my friends and then some girl came and slapped me, all i did was push her back in self defense. I just want to know if that is legal or not. I live in Germany, thank you. | 56,688 | If you pushed her back after she slapped you and it is not clear that a second slapping would occur ( or she slapped you, because you pushed her) then it is not self-defence you ( or she) did not prevent a present unlawful attack If it is clear that you are going to be slapped then pushing her away, in a reasonable man... | 2 |
Easy way to check if libel has been committed? | We have an article about someone's activities that I believe was written carefully to avoid libel: http://pdacamp.com/Sam-Wolanyk-and-Tangod-Up-In-Blues/ Now the party in question is threatening to sue (but of course refuses to point to which sections he believes are libelous) Is there an easy resource to get legal adv... | 94,598 | Now the party in question is threatening to sue (but of course refuses to point to which sections he believes are libelous) ... do we have to pay the $$ to "lawyer up" if we want to be safe? If you get sued, you will definitely want a lawyer. If you don't get sued, well, in that case you're safe. So your first questi... | 4 |
Murder due to temporary insanity | Due to an unfortunate event outside of his control, "Juan" temporarily goes insane. Due to his insanity, he commits an extremely heinous crime (say, for example, a school shooting.) Still a raving lunatic, he surrenders to the police. While awaiting trial, Juan receives medical treatment that causes him to stop being i... | 94,589 | canada The terminology in Canada "not criminally responsible reason on account of mental disorder" (NCRMD) ( Criminal Code , s. 16 ). A finding of NCRMD is a special verdict that results in the accused being placed under the jurisdiction of the Review Board. 1 Assuming for the sake of analysis that such an outcome is m... | 9 |
Murder due to temporary insanity | Due to an unfortunate event outside of his control, "Juan" temporarily goes insane. Due to his insanity, he commits an extremely heinous crime (say, for example, a school shooting.) Still a raving lunatic, he surrenders to the police. While awaiting trial, Juan receives medical treatment that causes him to stop being i... | 94,605 | If is is still insane, he can't be tried. If Juan is competent to stand trial (is cured), he may enter an "insanity plea". Following Washington law, that means per RCW 10.77.030 that within ten days of arraignment (or more with court permission), he files written notice of the intent to rely on that defense. If he prov... | 6 |
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