Questions tagged [conflict-of-laws]
The conflict-of-laws tag has no usage guidance.
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How do U.S. state laws requiring something from the past interact with U.S. state laws that legally change the past?
In the U.S., state laws can require that someone present some document or information in order to do something. This can be the current version of the thing, or a past version, or, potentially, even ...
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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 ...
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Can a person work for free in a country with a minimum hour rate?
In some countries there is a minimum hourly rate for an employee, given by law.
In a hypothetical scenario, Mr. David intends to work for a company for free for a certain amount of time, either to get ...
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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 ...
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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 ...
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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)?
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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. ...
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Conflicting Terms after Post-Merger of Companies
Company A has a contract to produce widgets for the State for $5 per widget. The State also has a contract with Company B to produce the same widgets for $4.50 per widget. Company A acquires Company B....
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When in court, how do you determine when to push the rules aside and make up your own?
I don't know any other way to ask it. I have recently been told that when you are in traffic court there are no references to federal law and to try to use federal law would be considered "pseudo ...
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How can US lawyers deal with the difference in the laws of at least 62 US jurisdictions?
US has 50 states, 12 Federal Circuits (11 is DC Circuit, 12 is the Federal Circuit Court of Appeals that has a nationwide jurisdiction over very specific issues such as patents. This totals at least ...
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Conflict of Laws: Single Jurisdiction
I have attempted to learn what I can (IANAL) from reading the article: Conflict of Laws Principles: Everything You Need to Know.
The article indicates multiple (2+ jurisdictions).
Conflict of laws ...
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"Penetration testing" of laws
In computer security, there is a process called pentest. People who do this are usually hired by a company to simulate cyberattack and find vulnerabilities which hackers could abuse. After they do ...
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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 ...
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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 ...
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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 ...