Law stuff you wonder about in superhero universes?

[DrNewGod]

If a superhero dies and has life insurance is there a waiting period before a payout since they usually come back to life.

Good one!

Extension: If a superhero with a secret identity dies, and is outed, does the insurance company have the right to refuse payment on the grounds of having the risk misrepresented?

I've long had a fanfic in mind about how one of the benefits of Avengers/JL membership is that they will assure the care of a member's family, even if that means falsifying the circumstances of a member's death.

[jetengine]

Regarding Cables documentation through judicious use of tine travel and psychic bullshit I've little doubt he can get one made for the modern era. I know he's used time travel to become a certified lawyer.

[norj]

I recall that Eternals once posed as Gods of the Greco-Roman pantheon.

Zuras = Jupiter/Zeus
Makkari = Mercury/Hermes
Thena = Minerva/Athena
Ikaris =Apollo

Mistaken for, it was a source of contention between the two groups, also Thena's original name was Athena her father changed to avoid pissing off the mythological one.

[babyblob]

Why are the super villains the only ones who go to jail after a grudge fight? I get that they can be arrested for escaping jail or what ever. I remember reading a spiderman issue years ago, I cant remember which one. But The Shocker gets arrested for assault on Spiderman. Why didnt Spiderman get arrested for assault on The Shocker? I am pretty sure that Spiderman never went to court to testify.

For that matter why arnt more super heroes arrested for assault? I mean they beat the living hell out of regular crooks and such.

[babyblob]

I also remember in an episode of Spiderman The Animated Series from the 90's in The Prowler episode the Kingpin's lawyer gets Hobbie released from prison because there was not proof he committed a crime. The police just found him webbed up on a lamp post. And since Spiderman and Mary Jane (who's purse he had stolen.) never testified he was released. Why doesnt this happen more often?

[Zauriel]

Why are the super villains the only ones who go to jail after a grudge fight? I get that they can be arrested for escaping jail or what ever. I remember reading a spiderman issue years ago, I cant remember which one. But The Shocker gets arrested for assault on Spiderman. Why didnt Spiderman get arrested for assault on The Shocker? I am pretty sure that Spiderman never went to court to testify.

For that matter why arnt more super heroes arrested for assault? I mean they beat the living hell out of regular crooks and such.

The cops arrested Falcon for fighting with the Stilt-Man, who the cops let go.

[DrNewGod]

Why are the super villains the only ones who go to jail after a grudge fight? I get that they can be arrested for escaping jail or what ever. I remember reading a spiderman issue years ago, I cant remember which one. But The Shocker gets arrested for assault on Spiderman. Why didnt Spiderman get arrested for assault on The Shocker? I am pretty sure that Spiderman never went to court to testify.

For that matter why arnt more super heroes arrested for assault? I mean they beat the living hell out of regular crooks and such.

Because, that their core, superhero comics are still children's morality plays.

[Lightning Rider]

I'm most interested in due process rights. Batman and other heroes often act outside the law, but they forge alliances with law enforcement over time. Are his communications with Gordon sufficient to classify Batman as a government agent within the meaning of the 4th Amendment right to privacy, binding him to due process norms and requirements?

[Zauriel]

I'm most interested in due process rights. Batman and other heroes often act outside the law, but they forge alliances with law enforcement over time. Are his communications with Gordon sufficient to classify Batman as a government agent within the meaning of the 4th Amendment right to privacy, binding him to due process norms and requirements?

I don't think Commissioner Gordon has appointed him a member of the police department

Since Batman is not a law enforcement officer and has not taken any oath, he doesn't need a search warrant and the evidence may be admitted in court. But he may be arrested for trespassing on private property.

https://www.law.cornell.edu/constitu...urth_amendment

https://www.uscourts.gov/about-feder...es/what-does-0

https://constitutioncenter.org/inter...iv/interps/121

https://criminal.findlaw.com/crimina...amendment.html

[Lightning Rider]

I don't think Commissioner Gordon has appointed him a member of the police department

Since Batman is not a law enforcement officer and has not taken any oath, he doesn't need a search warrant and the evidence may be admitted in court. But he may be arrested for trespassing on private property.

https://www.law.cornell.edu/constitu...urth_amendment

https://www.uscourts.gov/about-feder...es/what-does-0

https://constitutioncenter.org/inter...iv/interps/121

https://criminal.findlaw.com/crimina...amendment.html

But the 4th Amendment doesn't only apply to police officers and government agents, it applies to anyone who is acting under a government agent.

The Fourth Amendment guarantees the right of citizens to be free from “unreasonable searches and seizures.” U.S. Const. amend. IV. However, as the Supreme Court has long held, this protection extends only to actions undertaken by government officials or those acting at their direction. See, e.g., Skinner v. Ry. Labor Execs.‘ Ass’n, 489 U.S. 602, 613-14 (1989); Coolidge v. New Hampshire, 403 U.S. 443, 487 (1971); Burdeau v. McDowell, 256 U.S. 465, 475 (1921). Thus, “the Fourth Amendment does not apply to a search or seizure, even an arbitrary one, effected by a private party on his own initiative” but it does “protect[] against such intrusions if the private party acted as an instrument or agent of the Government.” Skinner, 489 U.S. at 614.[iii]

If Bruce and Gordon are both working together on a case and Batman gathers the evidence without a warrant, I'd say that's a violation of the 4th Amendment since it's in coordination with a police commissioner.

I would even go so far as to say that after working on several cases together and establishing a regular working relationship, Batman's status becomes that of a government agent within the meaning of the 4th Amendment even in cases where Gordon is not contacted or consulted on a particular case.

As for trespass, there are some defenses available like necessity, but they probably wouldn't fly in most investigative scenarios, unless he is treated as a cop who needs a warrant.