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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).

18 votes
3 answers
865 views

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 ...
Daniel R. Collins's user avatar
10 votes
5 answers
5k views

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. ...
In Hoc Signo's user avatar
  • 1,437
0 votes
1 answer
39 views

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 ...
Bob's user avatar
  • 1,213
3 votes
1 answer
61 views

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: ...
S J's user avatar
  • 616
-4 votes
0 answers
48 views

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 ...
HelloDarkWorld's user avatar
3 votes
0 answers
115 views

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,...
User65535's user avatar
  • 7,544
0 votes
2 answers
83 views

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 ...
S J's user avatar
  • 616
1 vote
0 answers
95 views

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 ...
Very Tiny Brain's user avatar
0 votes
1 answer
88 views

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 ...
Trish's user avatar
  • 41.2k
1 vote
1 answer
56 views

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 ...
WOPR's user avatar
  • 433
3 votes
1 answer
81 views

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 ...
S J's user avatar
  • 616
19 votes
5 answers
6k views

Are US enlisted personnel (as opposed to officers) required, or allowed, to disobey unlawful orders?

In a comment on Does Justice Sotomayor's "Seal Team 6" example, in and of itself, explicitly give the President the authority to execute opponents? If not, why not?, user jesse_b writes, ...
Nate Eldredge's user avatar
23 votes
3 answers
7k views

Does Justice Sotomayor's "Seal Team 6" example, in and of itself, explicitly give the President the authority to execute opponents? If not, why not?

This is less a question about the SCOTUS ruling itself, and more about how SCOTUS rulings are interpreted in applying the law. In the SCOTUS ruling in Trump v. United States (23-939) on July 1st, 2024,...
Michael's user avatar
  • 541
12 votes
2 answers
894 views

Did the SCOTUS immunity decision grant immunity for using the military to assassinate a political opponent?

In her dissent in Trump v. United States, 603 U.S. ___ (2024), Justice Sonia Sotomayor wrote When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from ...
Barmar's user avatar
  • 3,811
-5 votes
2 answers
143 views

Is the United States still a constitutional government? [closed]

The Supreme Court's July 1 opinion says the President cannot be prevented from violating the Constitution, and cannot be punished after the fact for doing so. Does this mean the United States ...
Tom's user avatar
  • 956

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