Are you allowed to disregard the spirit in which laws are written as long as you keep to the letter of the law? Jeremy Clarkson a renowned UK motor enthusiast once mentioned that he had to credit Mercedes-Benz for when they created the first of there hybrid supercars they created a car that could both do 200mph on the autobahn and also give you all the emissions tax benefits and rebates you got from buying a Pruis. In essence keeping to the letter of the law while blatantly disregarding the spirit in which it was written. Another example is how you can buy a decommissioned tank in the UK and because it carries more than six people and is powered by a diesel motor it counts as a people carrier and is therefore exempt from the London congestion fee. So I was wondering if this concept of keeping to the letter of the law but disregarding the spirit in which it was written has been discussed in the American justice system?
You've basically described two of the ends of the pole in theories of jurisprudence (there are dozens of ends). There is no theory of law that relies purely on &quot;spirit&quot; (also no theory that actually relies on the letters uses=d in writing law), instead, everybody interprets the text (the words enacted by the government) and some people supplement their interpretation with consideration of &quot;other factors&quot;, such as assumed legislative purpose. Certain scholars and judges are inclined to put most weight on the actual wording of the law, while others are inclined to let purposive considerations dictate the interpretation of a law. Interpreting law by W.N. Eskridge is an informative guide to supplementing a reading of the statute with anciliary considerations. Antonin Scalia is the best-known proponent of the textualist approach.
In general, ignorance of a law is an excuse only when the law specifically says it is. There are extreme cases where a law has been found invalid because it did not give people enough notice. Actually, only one case I know of -- Lambert v. California, 355 U.S. 225 (1957). The city of Los Angeles passed a law making it illegal for anyone who had ever been convicted of a felony to remain in the city for five days without registering as a felon. Lambert was arrested on suspicion of doing something else, but convicted for being an unregistered felon. The Supreme Court held that it was a violation of Lambert's due process rights to convict her of a crime she had no way of knowing about, or even suspecting. This is a very rare, extreme case, and does not apply to things where people might be expected to suspect that there might be a law. Otherwise, notice of a law is only required if the statute says so; for example, if a speed limit law requires the posting of signs, but the signs aren't posted, the law may not be in effect. However, ignorance still isn't an excuse--if the sign is posted, but you just didn't notice it, you're still on the hook.
Washington state dedicated a section of their code to explicitly make this illegal (to install it, not just use it). RCW 46.37.685(1)(b) says It is unlawful for a person to have an installed license plate flipping device on a vehicle, use technology to flip a license plate on a vehicle, or use technology to change the appearance of a license plate on a vehicle. and it is illegal to sell them. Georgia does not seem to have a specific law on the topic, but the same effect holds under GA Code §40-2-41, which says: Unless otherwise permitted under this chapter, every vehicle required to be registered under this chapter, which is in use upon the highways, shall at all times display the license plate issued to the owner for such vehicle, and the plate shall be fastened to the rear of the vehicle in a position so as not to swing and shall be at all times plainly visible... It shall be the duty of the operator of any vehicle to keep the license plate legible at all times. No license plate shall be covered with any material unless the material is colorless and transparent. No apparatus that obstructs or hinders the clear display and legibility of a license plate shall be attached to the rear of any motor vehicle required to be registered in the state. We can start with the question of whether the vehicle must be registered: yes, it does. Then we can ask if "which is in use upon the highways" is true. This is not obvious, because that clause could be interpreted as meaning "which is at some time or other in use upon the highway", or else as "at those times when it is in use upon the highway". I strongly suspect that the courts would find in favor of the first interpretation, not the second, especially since the law also says that you must "keep the license plate legible at all times" (not "at all times when you are on the highway"). Finally, a plate flipper clearly "hinders the clear display and legibility of a license plate", and the law prohibits the attachment of such device, not just its use. So obscuring your license plate is just not legal.
The state of Washington does not have an absolute requirement that vehicles must be registered. What it has is RCW 46.16A.030 (2): (2) It is unlawful for a person to operate any vehicle on a public highway of this state without having in full force and effect a current and proper vehicle registration and displaying license plates on the vehicle. Therefore you already have a means to comply with the law: simply refrain from operating this vehicle on any public highway of the state of Washington. In other words, don't drive or park it on public roads; keep it on private property. (In many states, &quot;operating&quot; includes parking; I could not immediately find out whether this is the case in Washington.) So now your question instead becomes: &quot;What is the state's obligation to make it possible for me to lawfully drive this particular vehicle on the public roads?&quot; And the answer to that is much more clearly, &quot;none&quot;. Driving in general is considered a privilege and not a right, so your &quot;personal liberty&quot; is not at issue. The state is not doing a good job of providing a service which they generally do provide, which is certainly annoying, but is not a legal issue, and does not give you the right to break the law. I have considered proceeding with the restoration, and drafting an &quot;Affidavit in lieu of registration&quot; document detailing my numerous attempts to follow the process, and indicating a sincere desire to comply, but my concern would be having the vehicle impounded if/when I get pulled over. Yes, it probably would be. I have even considered asking local law enforcement to just issue me a citation so that I might appear in court and plead for an opportunity to be given the means to comply. (i.e. move to the head of the line...) You would still lose, unless the judge is particularly sympathetic. I have also considered writing to my state representative. That's a better idea - at least it doesn't involve violating the law. And legislators usually do make some effort to help constituents when they have problems with government offices. However, if the issue is simply that the State Patrol is overloaded with work, there may not be much they can do. Is there a statute of limitations for asserting ownership that might alleviate my concerns about proceeding with the project? The requirement to have an inspection before getting a title seems to be from RCW 46.12.530 (2): &quot;The department may require additional information and a physical examination of the vehicle or of any class of vehicles, or either.&quot; So there is no exception written into statute. The implementing regulation looks to be WAC 308-56A-150. There are several criteria listed for when inspection is required, and I'm not sure which would apply to your vehicle. It may perhaps be &quot;(g) ownership in doubt (WAC 308-56A-210)&quot; which applies when you do not have the documentation described in WAC 308-56A-265. Or it may be the catchall &quot;(c) One on which the identification number needs verification as requested by the department, county auditor, or authorized agent&quot;. You'll have to research this further. There doesn't seem to be any exception based specifically on the long time period that the car has been unregistered, or the fact that no theft is known to have been reported in the past 20 years, or anything like that.
Yes Under Texas law (and pretty much everywhere else) the driver of the vehicle is responsible for ensuring that it is roadworthy. This does not mean that someone else cannot also be liable - the mechanic who fixed the wheel and their employer would also be liable. The claim for damages from a motor vehicle accident lies in the tort of negligence and the standards that the driver has to attain to avoid liability is that of a reasonable person. A reasonable person is not an average person who (probably) just gets in a car and drives but a prudent person who considers the risks to themselves and others and takes reasonable steps to mitigate them. Like looking at the wheels of an unfamiliar car. If the defect were obvious to a layperson from a visual inspection, they would be liable if they had not conducted such an inspection. Similarly, continuing to drive when a car is making a &quot;Knocking&quot; noise even if you didn't know what it was is not something a reasonable person would do. If you knew what the noise was and kept driving we are now moving from negligence into recklessness and the realms of criminal liability like manslaughter.
While it is not illegal to own, it may still be illegal to ride on public property. Private property owners can ban them even if they were legal and need to be consulted individually. I have been unable to find out if new laws spoken about have been passed in New York since the beginning of the year. Based on what I have found (as of the end of 2015), it would be best to consider that they are illegal to use on public areas just as any other unlicensed motor vehicle. As of November 2015 Some property owners have banned them for liability reasons, as it is easy to see how a rider could trip on a bump or unexpected curb. And although they have taken the Upper East Side and other parts of New York City by storm, the state classifies them as motorized vehicles that cannot be registered, so riding them in public can incur a steep fine. Earlier this week, the NYPD's 26th Precinct tweeted: "Be advised that the electric hoverboard is illegal as per NYC Admin. Code 19-176.2*." and December 2015 some lawmakers were talking about making them legal. Truth or Fiction Collected on: 12/28/2015 gives the following summary A spokesperson for the New York City Department of Transportation has explained that the law’s definition of “electronic personal assist mobility device” was broad enough to include hoverboards, and that they would be regulated as such. In NYC, because the population is above 1 million people, electronic personal assist device riders must be licensed, and the devices must be registered with the New York State Department of Motor Vehicles. Hoverboards are illegal, the spokesperson said, because the NYSDMV would refuse to register them for legal use: NYSDMV’s position is that these vehicles are likely “Electric personal assist mobility devices.” NYS Vehicle and Traffic Law 114-d defines “Electric personal assist mobility device” as “Every self-balancing, two non-tandem wheeled device designed to transport one person by means of an electric propulsion system with an average output of not more than seven hundred fifty watts (one horsepower), and the maximum speed of which on a paved level surface, when propelled solely by its electric propulsion system while ridden by an operator weighing one hundred seventy pounds, is less than twelve and one-half miles per hour.” NYS VTL 125 generally defines “motor vehicles” as “Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.” However, VTL 125 specifically excludes some classes of vehicles from the definition of “motor vehicles.” Under VTL 126(a-1), “electrical personal assistive mobility devices operated outside a city with a population of one million or more” are not considered motor vehicles. However, in NYC, because the city population is greater than one million, NYSDMV considers “hoverboards” that meet the definition of “electric personal assist mobility devices” the same as motor vehicles. Based on that interpretation, it would be illegal to operate a hoverboard in NYC without a valid license to drive a motor vehicle. Beyond that, the motor vehicle would need to be registered by NYSDMV (which NYSDMV will not do), inspected, insured, and otherwise treated as, and subject to regulation like, any other motor vehicle. A person who operates a hoverboard in NYC (or any other NYS city with a population greater than a million) would be subject to arrest and prosecution for myriad NYS VTL violations, including, but not limited to, driving a motor vehicle without valid registration or insurance.
That is a very broad clause, broader than the default US rule for copyright, for example. (I know the question asked about the UK, I just happen to know the US copyright rule.) It would seem on the face of it to include independent research on a subject totally unrelated to the person's employment, done off the company's premises and not during normal work hours, but while the person was an employee.. Indeed it would arguably include the copyright to a novel written off premises and during off hours. Use of "course of employment" (instead of "term") would improve the provision. so would "as a part of his or her employment" or "closely related to the subject of his or her employment". Another possible restriction would be "Using the Company's facilities and/or equipment, or during normal working hours". However, my experience is that an employer will have drafted whatever language it uses through its company lawyer, and will be quite unwilling to alter it in any way. A prospective employee will probably be faced with a take-it-or-leave-it choice unless that person is a nearly indispensable figure to the company. One could send the company a certified letter saying, "When i signed the contract agreeing to {company language} I did not intend to include any developments made off company premises, not using company equipment, and unrelated to the subject or scope of my employment. I retain full rights to any such developments." Such a letter would help establish that there was no meeting of the minds to assign such non-employment-related developments or IP to the Company. How much weight it would have if the rights to such developments were the subject of a court case I am not sure.
Any written communication is generally admissible Subject to all the normal rules for admissibility of course. For texts between you and a third party the major issue that springs to mind is relevance. As in, how are they relevant to the dispute between you and this man? If they are not, your lawyer should have objected to them on this basis, however, its too late now. I'm curious as to how he obtained these and whether it was done legally or not. Illegality will not affect their admissibility as the exclusionary rule doesn't apply to civil matters, however, it does speak to the gentleman's character.