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1500 questions
21
votes
3 answers

How bad does your lawyer need to be for your trial to not be fair?

I am watching the Kyle Rittenhouse trial, and his lawyer just seems horrible. He doesn't object to anything. For instance, he didn't object once when the police officer who downloaded the videos was testifying as to their content. How did he know…
Ryan_L
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21
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4 answers

Can criminal law be retroactive in the United States?

I was watching a segment from CNBC on YouTube and was surprised by the fact that the government intends to make the tax rate retroactive after the law is passed so that the new tax rates will apply to stocks owned before the law was passed. I was…
user25884
21
votes
5 answers

How are expert witnesses motivated?

As a party to a court case, how can one motivate to testify a person who has the wanted expertise? Offer them $$$? (Let's not consider those expert witnesses who make living by testifying / actively seek to be engaged. Those are motivated already,…
Greendrake
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21
votes
6 answers

Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud?

Is there some kind of disclosure immunity if you violate your non-disclosure agreement to reveal fraud? In the United States, is there some kind of law that protects people when they violate their NDA in order to show that a crime was committed be…
user25884
21
votes
4 answers

If it can be proven that someone profiting from spreading conspiracy theories doesn't believe in them are they guilty of fraud?

There are a number of people and websites that make money by spreading conspiracy theories and other 'fake news'. I think InfoWars is probably the most notorious, but it's only one of a multitude of similar sites and people out there. Let's say for…
dsollen
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21
votes
2 answers

Is it legally permitted to quote from legally restricted materials in US?

Is it legally permitted to quote from legally restricted materials in US? Let’s say, US government banned/censored a site or book X legally. Now if I refer/quote something in my writings, blogs, sites, books, articles etc. referring to X, is there…
21
votes
4 answers

Is buying counterfeit goods illegal?

There are fake Rolexs being sold on the internet for around £250. This is illegal, and those engaged in selling such items have been charged with unauthorised use of a trademark. It appears that the crime here is the right is not in the…
Dan
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21
votes
4 answers

Adapt the oath of truth to a reasonable version?

I find the oath Do you swear to tell the truth, the whole truth, and nothing but the truth? an almost absurd request. It is common-sense that nobody knows the whole truth about anything, so how could one ever disclose the whole truth? (Socrates…
LoremIpsum
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21
votes
2 answers

Is mere accusation without evidence other than testimony of the accuser, grounds for arrest in the UK?

Several years ago I was stopped in public by the police. Someone had 'identified' me as abusing them in terms of their gender two years before that. Had that happened, I suppose it would have been classified as a hate crime. In fact, it was a case…
21
votes
4 answers

What are the limits of the Commerce Clause?

In Gonzalez v. Raich, the Supreme Court held that the Controlled Substances Act could apply to home-grown marijuana that started in and never left California because it could still affect the interstate marijuana market, and thus fell under the…
Ryan_L
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21
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3 answers

Is attempted murder the same charge regardless of damage done?

Scenario 1: Bob points a gun at Joe's head, says "I'll kill you", pulls the trigger, and misses Joe by 1 inch. Joe is fine physically. Scenario 2: Bob points a gun at Joe's head, says "I'll kill you", pulls the trigger, and shoots him as intended.…
N00b101
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21
votes
9 answers

What happens if a prosecutor refuses to file charges?

Inspired by the answer to a previous question I asked. Let's say Alice assaults Bob, and Bob goes to the police. I gather from the answer to the linked question that what happens in principle is that the police would investigate, and the local…
21
votes
1 answer

Does copyright law protect a translation of an ancient work from being translated into a third language?

Jurisdiction: California, USA. If a book was written in Greek two thousand years ago, and someone translated it into English more recently (say, yesterday), and then someone else wants to translate that English translation into French, would that be…
Aurast
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21
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3 answers

Pretending to be from the "Freedom to Breathe Agency": impersonating an officer?

There's a woman going around claiming to be from the federal "Freedom to Breathe Agency", telling store workers that they can personally be sued for telling customers that they need to wear a mask. Multiple people have said that she should be…
Matthew Cline
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21
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3 answers

Is there a legal reason why fictional shows use imitation brand names?

Often, when I watch TV shows, I'll see or hear about an imitation of a real brand name. As an example, here is a parody of Walmart from The Simpsons The store in the picture is unambiguously supposed to represent Walmart. They're even using…