Questions tagged [conflict-of-laws]
27 questions
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How does NC's atheism prohibition fit with the 1st Amendment of the US Constitution?
In 1971, the US State of North Carolina rewrote its constitution. According to this source, one of the purposes of this was that "Ambiguities and sections seemingly in conflict with the U.S. Constitution were either dropped or rewritten."
Yet, the…
WBT
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Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?
Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution.
Say some level of government (state, federal, or local) ignores this and passes a bill of attainder anyway: "Jimantha…
interfect
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What happens when two laws contradict each other?
A recent example of this is the DOJ's lawsuit against SpaceX for discriminating against asylum seekers, and the ITAR laws that prevent them from hiring asylum seekers (because they make missile technology and can therefore only hire US Citizens with…
Fraser Orr
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Order of precedence in cases where more than one nation has an interest?
... Disclaimer first: This is a hypothetical that came up during a discussion elsewhere. No real people were harmed during the creation of this question, and any resemblance to current or past events is purely an accident.
Here's the scenario:…
Shadur-don't-feed-the-AI
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Am I obligated to pay a mortgage if a region is annexed?
This is a hypothetical question.
Suppose I buy a house and have a mortgage. Later, the region my house is in is annexed by another country. Let's assume also that the mortgage I took out is based in the region's former owner.
As a home owner, I…
Bad_Bishop
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What jurisdiction do remote workers fall under?
There are many sites like elance.com or fiverr.com where you can contract out work online - often to foreign countries. Besides short-term or fixed price contracts, it's also possible to hire a remote employee on a more permanent basis. But…
Michael Burge
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Can the right to self-represent be waived due to conflict of interest?
If a plaintiff and defendant have a personal connection, and one (or both) of them represents themselves, won't that pose a conflict of interest between the councillor(s) and the opposing side(s)?
user110391
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What happens when court orders issued by different countries contradict each other?
Two recent examples have prompted me to wonder about this:
In the Equustek case a Canadian company has gained an injunction in the Canadian courts ordering Google to remove certain material worldwide. Google now has an injunction in the US blocking…
Paul Johnson
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Catch 22 laws - only have 2 options and both are illegal?
Just out of curiosity I'm looking for examples of laws that require you to do something that puts you in conflict of another law.
This question was sparked by something that happened to my neighbour recently. He found an injured deer in his garden,…
ConanTheGerbil
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How has Brexit affected precedent created in European courts?
I'm interested in learning how Brexit has affected precedent that existed in UK law through EU court decisions. In particular, does this remain binding?
Neil Meyer
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When does US state law apply on the high seas?
Closely related: What is the furthest point from land at sea where individual U.S. state laws apply? , but in reference to US territorial waters.
It is pretty clear that at least some US federal laws applies to US-flagged ships on the high seas (not…
Robert Columbia
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GDPR - Right to erasure - Conflicting laws
I'm reading up on EU's GDPR in relation to an anonymization product I am working on. The one section that has raised a few questions is article 17 - The right to erasure, or more popularly referred to as "Forget me".
My assumption is that the…
Per Digre
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Must US public agencies accept electronic notarizations performed in other US states?
In the vast majority of the United States, notarizations are required to be performed on physical paper while physically in front of a notary. However, Virginia has authorized notaries within their state to notarize electronic documents on the basis…
JosephG
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What effect does the EU Biopatent Directive have if there is the independent European Patent Office with its own law and court?
The EU Commission and the European Patent Office (EPO) are currently fighting over whether plants that are not registered varieties are patentable.
The EPO exists independently from the EU as an autonomous international organization, based on the…
akraf
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Conditions that denote as true (allowed) or false (not allowed) for a written law
What is the general rule law professors teach in law school for determining whether something is allowed or not allowed, based on written law?
When I read any piece of legislation, I sometimes wonder if the politicians understand logic. I am a…
JustBeingHelpful
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