Questions tagged [united-states]
For questions specific to the United States as a whole, or that span multiple state jurisdictions. If your question is related to a specific state then you should use that state's tag instead (or as well).
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Charged with a crime and the accused does not like his lawyer
Please consider the following hypothetical situation:
A poor person, Joe, is charged with a felony and claims he is innocent. He hires an attorney who looks over the evidence against him and concludes ...
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i dont know what to do [closed]
if i was going to court on a felony charge and the prosacuter give my lawyer a letter where the state was pushing for residavist and my lawyer didnt say nothing to me just wants me to go in front of ...
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1
answer
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Unsafe floor in a house
Please consider the following hypothetical situation:
A person living alone in an old house has a floor that he believes to be safe. He is not breaking the law. The police get a report that illegal ...
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1
answer
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Wouldn't gay marriage bans violate the 14th amendment?
So I came across this guy saying:
Indeed. Obergefell was particularly egregious as it had the effect of disenfranchising several states. If memory serves, several states had just voted to reaffirm a ...
25
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3
answers
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What enforcement exists for medical informed consent?
I'm in the USA, New York. I find nowadays that it's common -- maybe the majority cases -- in which forms are to be signed for some medically-related purpose, that the system and/or provider actively ...
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5
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When, if ever, is bribery legal?
Bribing public officials, policemen, etc. to be corrupt in the execution of their duties is illegal. However, consider the following hypothetical:
"Robert Payne" is a wealthy businessman. ...
0
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1
answer
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I am trying to understand the definition of qualified covered calls and larger straddles
Below is a quote from IRS Pub 550:
Qualified covered call options and optioned stock.
A straddle is not subject to the loss deferral rules for straddles if both of the following are true.
All the ...
4
votes
1
answer
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What are the standards for mandatory review by the US supreme court?
According to my MBE Critical pass flashcards (flashcard #6 in the Constitutional Law category titled "supreme court jurisdiction and review"):
Methods of Supreme Court review:
...
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Motor vehicle accident [closed]
If I'm involved in a motor vehicle accident which another's truck hit my front fender bender while backing up when my car was parked, and I only have partial coverage in which the insurance only pays ...
3
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0
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Is it legal to remove the SIM from your car?
There is a youtube video about data collection by cars. They suggest the solution of removing the SIM card from your car. They address some technical problems, such as getting access to the SIM card,...
0
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2
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Does a misrepresentation have to be fraudulent in order to be unprotected?
To my understanding, there are two types of misrepresentation: negligent misrepresentation (which is not fraud) and intentional misrepresentation (which is fraud).
Is negligent misrepresentation also ...
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0
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Could a future Trump Attorney General dismiss the federal charges against Trump with prejudice?
The news accounts that I've seen have generally presumed that if Donald Trump wins the 2024 Presidential election and is sworn into office before either of his two federal trials begin, then his ...
0
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1
answer
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How come a SAD Scheme is not litigation misconduct in the first place?
I recently found out about a "Schedule A Defendent" Scheme, where an IP Rightholder files a lawsuit, puts hundreds of defendants in a sealed Schedule A form, and then does not service the ...
1
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1
answer
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Can a Special Counsel be privately liable in tort for false or malicious prosecution if improperly appointed?
Assume an Attorney-General appoints a Special Counsel but they don't do so in a constitutional manner.
If an improperly appointed Special Counsel prosecutes an individual, would they be privately ...
3
votes
1
answer
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Is there a legal difference between "substantial" and "significant"? (US law)
I am currently studying for the California Bar exam. When I memorize my rule statements I often mix up "substantial" and "significant".
For example, sometimes I say "A ...