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Can a restaurant display movie posters on their walls without violating copyright law? What about memorabilia (props, statues, etc)? Yes. Your biggest concern will be advertising. Although you can put up a legally purchased poster, you may be violating a copyright if that legally purchased poster is given a prominent role in your advertising.

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Sen. Tom Coburn asserted Tuesday that the healthcare overhaul will shorten lives of US seniors by cutting Medicare. Republicans are now defending Medicare after trying to kill it outright for 45 years? What gives? Is there anyone on AB (other than me) who can look at the healthcare debate objectively? What republicans are “defending Medicare”? Coburn was not defending Medicare. Rather, he was merely favoring maintaining the status quo. Not everything can be bifurcated into “Republican” and “Democrat.” Both of the major parties are in favor of changing some...

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Do you know if copyright apply on Classical Music (from before 1820)? Not in America. Anything from 1820 would be in the public domain.

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I am a convicted felony and want to get married my boyfriend has a gun permit , does he have to give it up? No, but it would be in your best interest if he did. You are the one who will get arrested for being in constructive possesion of a gun, not him.

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Can a car repossession company harass you at home? No, but what you define as “harassment” is probably not really harassment.

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Why should Tiger Woods be able to not talk to police after an accident when we would all have to? Can money really let you get away with this kinda stuf? Just because you don't know your rights does not mean you don't have rights. The U.S. Constitution protects everyone from having to talk to the police.

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If you have a trust made up first and will made up last which one do you follow Answering the same question over and over again will not change the answer. You follow them both.

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If you have a trust and a will do you combine the two or just follow the will None of the above. The trustees will follow the trust instrument. The executer will follow the will.

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Do you combine a trust and a will if a trust was written first and a will was second Your question is a bit vague, but the answer is no. A trust is a separate entity, and a will is meaningless until death. For example, if I put my house in a trust for the benefit of person A, and then I bequeath my house to person B in my will, then when I die my house will go to benefit person A based on the terms of the trust. This is because when I die, I no longer have a house to bequest...

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Should healthcare be a right or a privilege? Neither. Healthcare is not something inherent so it cannot be a right. A right is something that you have and cannot be taken away. If you need something to be given to you, then it cannot be a right because there is no possible way to ensure that enough of the resource exists to go around. Healthcare could be a privilege, but it shouldn’t be because everyone should have the right...

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Can my Girlfriend sue me for her medical bills. She totaled my truck. She was the driver. She nor I can afford the medical coverage or even the bills themselves. Can she sue me and win? Because she is talking about doing this now. In order for her to sue you and win, she would need to show that you did something wrongful that caused her injury.

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I have been injured by somebody residing in one state (by mail) while I have been residing in another. In which state can I bring action for damages? More information is needed. You can bring it in the state in which the tortfeasor resides. You may or may not be able to bring it in your home statement, depending on the circumstances.

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If blu-ray has 5 times the storage space of a dvd, why are there 2-disc blu-ray editions? I don't mean one with a digital copy. I mean one disc with the movie and the other for most of the special features.Why can't it all be on one blu-ray disc? Because a 1080P HD movie is more than 5 times bigger per second of movie. The frames on an SD movie contain interlaced images with 720x 480 resolution (345,600 pixels). The interlaced means that the actual picture data being stored is about half the native resolution, or 172,800 pixels. Each frame on a 1080P movie, on the other hand, has a progressive image with 1920 x 1080 resolution...

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In an employment ad can a company set an upper limit on experience? Yes. However, a company cannot always set a lower limit.

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Is it legal for a Florida Notary Public to notarize a closing document in a title company where he or she is notarizing the same document where she is also is signing as a whitness to it? And what are the reprecosions towards this? Thank You That is what a notary does. A notary is someone who witnesses someone else sign, or attests to the fact that the person who signed has attested to signing the document.

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Are employers required to divulge how "random" drug tests are chosen? I've been chosen 4 times in the last 3 years, while other co-workers haven't been chosen once. Are you sure they are selecting people at random? Being subject to “random drug testing” usually means you can be drug tested at a random time (as opposed to only before hiring or at a set time each year).

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I WOULD LIKE TO KNOW HOW LONG THE COURT HAS TO GIVE YOUA PILAMARY COURT DATE FROM THE TIME OF THE INCEDENT. ITS BEEN 30 DAYS SO FAR AND NOTHNG HAS HAPPEND NO ARAINMENT OR ANYTHING They have until the statute of limitations runs to charge you. You will be arraigned within three days of being taken into custody (if you are taking into custody).

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Which is more Cost Effective, Capital Punishment or Life in Prison? Cost effective to whom? The total cost of capital punishment today can be higher than life in prison, but much of that cost is born by the accused. Thus, it often costs taxpayers less to kill the prisoner. And on top of that, there are many ways we could improve capital punsihment to make it cheaper. Currently people wait on death row for 8 years or more before being executed because of...

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We did not chose to have a inspection when we bought our house, 6 months later we have pre exsiting foundation problems, do we have to absorb all the cost? Should the sellers help pay if we can show they knew about it? You have not provided enough information to answer this question. Do you have a warranty deed? You will most likely have to eat the cost on your own (unless the sellers did something to hide the damage).

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How much can you sue a company for pain and suffering for one month? How were you injured?

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When you are waiting on a lawsuit settlement check does it come to me or my lawyer? Usually the lawyer. The lawyer will deposit the check in his trust account, and then write you a check for your share.

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Who owns the websites? Me or my employer? What websites?

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My old landlord says that "by Law" he needs my new address in order to send my deposit. Is this true? I don't want him knowing where I moved so I used my last known address, my mom's house. The law varies by state, but most states require that the landlord send the deposit within a set time period (usually 20 or 30 days after you vacate), and send it to the forwarding address you provide, or if none, to your last known address (i.e. your landlord’s property).

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How horrible does US Healthcare Insurance have to get before we will even talk about single payer? See LINK: The first thing you have to do is clearly define what you want to reform. I don’t think there is any real opposition to reforming healthcare. However, there is much opposition in the government taking over insurance and redistributing wealth. Healthcare is a commodity that we all use in different ways. Insurance is a different commodity that allows people to spread risk. The...

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I beleive the only reason Obama is currently presedent is because of the thrill of him being the first African-American. I dont think the people honestly thought about what he is trying to do for the country. Oppinions? No haters k thnx. I don't know that we have enough information to claim as much. He certainly gained some votes because he is black, but he also probably lost a few because he was black. I am sure he gained more than he lost, but without knowing where those gains came from (what states), we haev know way of knowing waht affect his race had on the outcome.

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Do Texas homeowners have a right to unobstructed and unchanged views of woodlands and river valley? Only if the land that provides the view has a restrictive covenant granting such a right.

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May Texas homeowners prevent other landowners from hunting or killing wild animals on their home sites? Yes

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The supervisor changed my timecard from 10 hours paid overtime that I requested to 10 hours sick time used to cover a sick day that I had. I have plenty of sick time on the books to cover that sick day. Was it legal for him to change my time card. Your question is too vague. Why are you claiming 10 hours of OT for a sick day? If you had a sick day, then it is appropriate for your supervisor to bill that time to sick time.

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The Lawfirm as it was known is now being disolved to only the 2 out of the beginning firm and it was my Attorney Lawfirm now He is going to be "OF COUNCEL" to the 2 partners what does this Mean with my client relationship with him being "OF COUNCEL"? It does not really affect anything. Did you hire the law firm to represent you, or the individual attorney? Of counsel can mean several things. It is often used for partners of a firm who retire (but still consult occasionally). It also often used for attorneys who are no longer eligible to become partner, but still work in the firm. It also used to signify attorneys who run their own...

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The Matthew Shepard Act has passed & will become the first federal law of it's kind to include gender identity & transgenderism. That's great news, right? No. It is just another example of Congress trampling on the Constitution. Don’t get me wrong, I am opposed to violence toward: gays, straights, or otherwise. But hate crime legislation makes no sense. How is attacking a gay person or [fill in your protected class here] more wrong than attacking someone because you want their wallet?

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I purchased an ipod from a website and they sent me the wrong one. When i called them they said that they no longer carry that item in their warehouse and that they just need to update their website..hello isnt that false advertisement? Can i sue them? First, if it was truly an oversight (which it probably was), then it is not false advertising. Second, you are entitled to your contract remedies. Thus, you could return the item and get a full refund. Or you can return the item, buy the correct item from another vendor, and then get the difference in cost between the price you paid and the item you bought.

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I got a parking ticket in San Diego, my car is new and has the dealership registration on it (no license plate) I bought my car in UT, I'm registering it in WY, can they track me down if I don't pay it? Should I pay it? Of course. Even new cars are tracked. The ticket will go to the registered owner of the car (i.e. the dealer), and the dealer will defend the ticket by sending a bill fo sale (idetifying you) as the owner.

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Can a co. use (and create revenue from) a registered url that contains a word/words that are trademarked? Ex: workgroup is trademark'd term. Url workgroups.com is purchased by a diff co. to make $ in a different way than trademark owner. First, the term “workgroup” cannot be trademarked. It is too generic. Second (and I think this addresses your question), you cannot free ride on someone else’s mark. For example, I could not buy the URL “AttWirelessPhones” to start a business selling T-Mobile phones. However, I could buy the URL “AttWirelessSucks” to criticize AT&T wireless.

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2. What happens if one of the four elements of a contract is missing There are only three elements to a contract. If you are missing one, then you don't have a contract.

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Would anyone know aout this... In the state of Indiana I was told by a collection agency Indiana law makes my responsible for my medical bills even though she did not sign any documents You need to correct your pronouns if you want a meaningful answer. But generally, you are responsible for medical bills even if you do not sign anything. The law implies that you consent to medical treatment if you are unable to sign (e.g. unconscious). Would you really only want hospitals to treat you if you came in coherent and able to consent to treatment? Also, you can consent to...

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I have been reading on various sites that after 7 years you do not have to report any felony convictions on a job application. Is this true? Or is it a case by case situation and how the application words the question? This varies by state. Many stated have laws that preclude an employer from asking about certain convictions older than a certain time. It is possible that your state has such a law for felonies with a time period of seven years.

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If a person is terminated and has unused vacation time, is the company required to pay them for the unused vacation days? Is there any difference if the person quits? Vacations are not regulated by federal law. Some states treat accrued vacation as part of your compensation, which means you are entitled to it at termination. Other states treat it as a fringe benefit, which you are only entitled to if you are still working.

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I live in a residential neighborhood with a gated backyard and front yard. Is it illegal for me raise chickens? If I fill my front and back yards to the brim with chickens can I get in trouble? First, MasterS’ answer is correct. Every city (or county) has its own zoning ordinances, so there is no general answer. Also, your neighbors will be able to sue you under the tort of “nuisance” if you do this. And I am confident they will win if you truly fill the yard up to the brim.

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If someone makes a functional product that looks very similar to a sculpture that I copyrighted, is that considered copyright infringement or does it have to be the exact same medium? There is a lot of misinformation being spread around on this topic, so I will try to give a more detailed answer than usual. The key to copyright infringement is “copying” (or making a derivative work, but this does not apply to your question). For example, if I create a sculpture and you create an identical sculpture on your own (i.e. you never even knew my sculpture existed)...

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Is "substantial similarity" an element of copyright infringement? (See comment discussion at link). You people spent way too much time discussing this topic. But the answer is no. See the following for a clear explanation from <i>Norse v. Henry Holt & Co.</i>, 991 F.2d 563, 566-67 (9th Cir. 1993): “As we said in Narell, a substantial similarity analysis may be useful in a copyright case when the alleged infringer denies that he in fact copied the plaintiff's...

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How are shows like Bait Car not entrapment? Actually, the Bait Car show is a tough example because it may actually be entrapment (but more on that in a moment). Generally, bait cars are not entrapment because the cops are not convincing someone to commit a crime. Rather, they are simply setting up a situation that allows a crime to be committed. The Bait Car show is a bad example because it is based in California....

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What are the typical costs to file bankruptcy? Doesn't it seem a little strange to charge so a person can prove they are broke? Not as strange as expecting someone to work for you for free.

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Under US law you must be 18 to consent to have sex. In UK you must be 16 to consent, and can marry at 16. If I have sex with my 17 yr old wife while in America is this statutory rape? Your understanding of American law is inaccurate. First, the age of consent varies by state. The majority of states have an age of consent of 16. Second, most (if not all) states exempt married couples from the statutory rape laws.

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Is my employer responsible to pay me my full 2 weeks salary if i gave proper notice (2wks) and they just said leave? Also, are they required to pay any outstanding vacation etc? in Nevada Unles you have a contract to the contrary, your employer only has to pay you for the hours you actually worked. You are not entitled to unused vacation time in Nevada.

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Is is slander for an ex-employer to tell your co-workers you were fired because alcohol was smelled on your breath? Only if the info is false.

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Can employer share specifics of proposed firing even though I resigned? Yes.

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If you get divorced in a state that has a waiting period and plan to get married in another state that has no waiting period, do you still have to wait the waiting period? Yes. You can only be married to one person at a time. Hence, you must wait until you are divorced before you remarry.

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My auto loan company after 4yrs went under 2 months ago and I tried to find out who to pay but no luck. now a new lender has contacted meVIA reg mail, wanting 3 payments + late charges. Can an auto lenders ever be in default and is there anything I can do A lender is only in default if it agrees to lend you the money, but then fails to actually lend you the money.

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When a person dies and there is no property to dipurse, but need to deposit checks made out to only living relative and deceased, what is the percedures. If there is a check made out to the deceased, then there is property to disperse. Go to probate court.

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If there is no estate left does one still need to probabte the will? What do you mean by "no estate left"? What happened to the estate?

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*** Your are cuffed and sitting in the back of a cop car.You are the mainsuspect in a shooting.Can the cops look for the gun in your car without your consent or a warrant? That depends. Where were you before being cuffed and put in teh back of the cop car? If you were in your car, then yes, they can look.

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Will the blast of a shotgun from 1 foot away knock you down? or is that just in the movies? Assuming the person is not already standing off balance, no. The force of the pellets hitting the person must have less force than that which is exerted on the shooter. This is true for several reasons: (1) the pellets will exert great force on the flesh hit, which would result in penetration, and (2) the pellets will lose energy (albeit slightly at one foot) as it travels through the air.

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If while driving in a subdivision, you hit and injury a dog, no one is there you look around and speed off, leaving the dog to suffer or die alone. did you commit a crime by not getting medical help for someone pet This varies by jurisdiction, but generally, yes. First, you have committed the crime of hit and run. Second, most jurisdictions have a law that you must call animal control if you hit an animal.

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Is it legal for an private investigator to shine a infrad camera, and listening device (big ears) into someone's home? Generally, yes. It is illegal for the government to do the same without a warrant because of the Constitution. But the Constitution does not apply to private conduct. … With a few minor exceptions, invasion of privacy is usually protected by providing a private right of action, not by making such actions a crime. If you were harmed by the investigators actions, you may have a...

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A guy bought my used car and now wants to return it, but I don't want the car back. He claims that after he drove it for 2 hours (after he had just bought it) that its radiator was leaking and that he believes that I had known about it. He checked the car Do you have a question?

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I would like to start a union at my work in east tn. We are constantly being told we can be fired for no reason ,we don't get pay raises on scheduled times, absurd rules that are very bazarre. Hiring from other companies and paying them more off the bat. Do you have a question?

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I've been questioned while not in custody, warrant was issued for my arrest so I turned myself in within 45 minutes of the warrant being issued. Spent one night in jail, have yet to be read my miranda rights by anyone. Anything wrong with this picture? Nope. Miranda only applies to custodial interrogations. Hence, since you were not in custody when interrogated, there was no requirement that you be read Miranda.

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Can beer kill a person and if so why is it legal? Can beer kill a person? Yes If so, why is it legal? In America, it is legal because we don't ban things that harm the user. Rather, we only ban things that harm third-parties, and that harm outweighs the benefit of the item. Does beer harm third-parties, and does that harm outweigh the benefit? Well, yes. However, beer is an exception to the general rule because it is...

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I live in Northern CA and see stickers, shirts, etc with NOR CAL on it. Is this trademarked? Can it be trade marked. I have a similar idea. Also some have spaces, symbols, etc between NOR and CAL. Are these grouped under one trademark or different. Yes, it can be trademarked. However, your question indicates a misunderstanding about what a trademark is. A trademark is a mark used to identify the origin of a product in commerce. For example, if you see a Ford truck, you know it is made by the Ford Motor Company because the affix the “Ford” mark to the product. It would be improper for me to build a car and put the Ford mark...

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Would it be legal to change the color of a trademarked image and put it on a sports jersey? Yes, but more facts are needed to assess your plan. In fact, you DO NOT even need to change the color to use a trademarked image. A trademark does not give a person a monopoly on the mark. Rather, a trademark merely allows the owner to protect their goodwill by preventing others from using the mark in a way that would “dilute” or “create a likelihood of confusion” as...

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Can I purchase a decal and apply it to an item and than sell that item? (i.e. sports loga on a toy box) Yes. As long as you are buying licensed products, there is no copyright issue. There could be a trademark issue if what you are selling is similar to something the trademark owners are doing. However, you can work around this by adding a disclaimer.

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If a competitor trademarked a very similar catch phrase, but my company was using it first, what recourse do I have? thank you If you did not put others on notice by filing for a trademark, there is not much you can do to override the other mark. However, most states still recognize local trademarks. You probably have the right to continue using the mark in the same geographic are as you have been using it.

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Why does Florida reduce your sentence 5 days for every month served in jail? Most likely it is for good behavior. Nearly all prisons and jails give time off a sentence for this reason.

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If I have legal papers saying that I can work full time just the same as anyone, is it legal (esp. in NY) to descriminate against hiring me just because I'm 16? Yes, it is legal. Age is a protected class, but only if you are over 40. Even if you were 18, it would be legal for your employer to fire you to hire someone who was older. However, it is illegal to fire someone over 40 because of their age.

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When a judge makes his ruling it's based on their interpretation of the law. Is that the same as his opinion? Yes, but I suspect you have a misunderstanding as to what an opinion is. The word opinion simply means “view, belief, or judgment.” So when a judge gives his opinion, he is giving his view, belief, or judgment on the law. However, the judge’s view is based on an expert analysis of the law and previous precedent.

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Started a new job this week...and the dress code states that high heels have to be worn for at least 6 hours of each day. Is this legal? Yes, so long as the policy is consistent among all women in a similar position.

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I got three speeding tickets totaling more than 12 points the first one being 3 weeks ago and the last one on sunday. How long do i have b4 my liscens is suspended? You have until you have been adjudicated guilty on enough tickets to qualify for a suspension (there are a few minor exceptions to this, but generally not for mere accusations of a crime). A ticket is merely an accusation that you did something wrong.

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If you are a creditor and you call a bankruptcy lawyer doy the have to call you back? To add to that if they call or write to you asking for a settlement and you send back an offer, does the attorney have to amswer back? No. The attorney has a duty to inform his or her client of the settlement offer. If the client accepts the offer, the attorney will certainly contact you. If you do not hear a response, you can contact the attorney and ask if he or she received the offer, or simply assume that offer has been rejected.

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Can A Person Be Fired For Being Too Fat Or Short? There is not a simple yes/no answer to this question. Generally, the answer is yes. In most states you are an at-will employee, and therefore, can be fired for any reason (with a few exceptions). Those exceptions are membership in a protected class (e.g. race, gender, religion, etc), or retaliation for engaging in a protected right. However, medical conditions are a protected...

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An officer does not wait for backup to arrive when on the scene of a possible burglary progress& enters the scene alone & within 22 seconds shoots and kills the suspect who had a gun but did not attempt to threaten the officer with the .What do you think I think you are leaving out the most important parts. That is, did the officer have a reasonably belief that his life was in danger; or did the officer have a reasonable belief that someone else's life was in danger?

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In California what is the legal age for a child to choose which parent to live with? No state allows a child to choose which parent they live with, regardless of age. Some states have laws that mandate a court consider the child's wishes as a factor once they reach a certain age. Family court judges have wide discretion to consider the wishes of the child at any age. But the child never gets an absolute say. And this is true for good reason. The family court has a...

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Can one officer in a corporation pledge or allow a lien on the company stock to prevent it from being sold to an adverse party? Your question makes no sense. If a company owns stock in another company, a lien in not needed as the company can choose to sell or not sell.

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How can you legally stop a 50% "partner" in a corporation from selling their stock in the corpoartion to an adverse party? Offer a better price for the shares than the adversary.

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Can i copy a school picture if i can not find the person who took it? i have contacted the school they can not tell me who the photographer is nor does the picture say who took it. how long do i have to look for the photographer b4 i own the rights You will never own the rights. At some point after the photographer dies, the picture will become public domain. At that point you can reproduce the picture, but so can everyone else. And FYI: it is illegal to reproduce a print, even if you bought an original print. This is true even if you don't sell the copy.

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I have a current wage garnishment that I have been paying for two years, now I discovered that when I asked about the amount balance its doesn't compute in comparing to the amount I have already paid so far, who can I complain to about this legally? Contact the entity that requested the garnishment and request an accounting. Of course, have you factored in fees and interest? If not, that may explain the discrepency.

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Would the money and effort spent on preventing narcotic use be better spent trying to develop a way of chemically/genetically altering the drugs to take away the addictive properties but leave those that induce the high? Better for who? Society, no. The drug user, of course.

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Considering the full capability the US police force have to convert to non-lethal sidearms, they still dont do it, and continue to use deadly force. Does this make them potential murderers? and should the nations people revolt against this action? Of course not. First, you have to realize that many U.S. law enforcement agencies are not allowing non-lethal alternatives like tazers because of fear that they can be lethal in some suspects. Second, non-lethal alternatives are ineffective in many common situations. A tazer is not going to stop a person driving their car towards a cop. A bullet, on the other hand, will go through the...

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If i rent a house and my dog bites someone is the owner liable? This depends on the jurisdiction and the facts regarding the incident. In most states the owner of a domesticated animal is not automatically liable for a bite. Rather, even if you are bitten, liability still depends on whether you were negligent. Some states have implemented strict liability for dog bites. In those states, the owner will be strictly liable. As for the owner of the...

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Banning gay marriage seems absurd to me, seeing as it is only based upon Biblical law, and we are not a Christian nation. Can someone actually provide with me a reasonable secular case against homosexuality and same sex marriages? Your question is based on a false premise. Can you cite a single case in which a non-secular argument was used? There is no doubt that some people oppose gay marriage for religious reasons (which is your right under the 1st Amendment). However, nobody ever makes a non-secular argument in legislative or judicial hearings. Even though some people oppose may marriage for religious reasons,...

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A guy drives down the road, a cop see's him drive by. the guy stops at a gas station to use the restroom and make a purchase can the copc write him a ticket for driving without a license even though he did not see him get out of the car at the gas station Asking the same question over and over is not going to change the answer. Yes, the cop can write you a ticket.

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What do you think should happen to the cop in the Oscar Grant case? (if your not familiar with this case, just google "Oscar Grant") If you are asking criminally, I say absolutely nothing. The purpose of criminal punishment is to deter people from engaging in certain conduct. Sending the cop to jail will not serve any deterrent purpose because he had no criminal intent (i.e. mens rea) when he pulled the trigger. The cop obviously is not equipped to do police work, and therefore should never be a cop again. His conduct...

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You are being arrested (for what does not make a difference), are you automatically read "your rights", or for what circumstances are you read "your rights"? ...Off the top of your head, don't cheat (Google)!!! Of course not. Cops do not have to tell you about any rights before or after they arrest you. The only time you are required to be read "your rights" (i.e. the Miranda warning) is before a custodial interrogation.

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Which makes up more of the prison population in this country? Man or woman? Black or white? Why? White men. Black men make up 41.6% of the prison population (2006 stats). Although that is a disproportionate percentage of the overall population (only 12.5% of the U.S. population is black), the majority of prison inmates are white. Note: The white race is compromised of all people of North African, European, Middle Eastern, and Hispanic origin.

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My son (aged 17) has been offered settlement for personal injury in a road traffic accident. His legal protection solicitor says he MUST have a barrister accept the offer and the money MUST be put in trust for him until he is 18. Is this true? I don't know what jurisdiction you are in, but since you use the terms barrister and solicitor, I know you are not in the U.S. Therefore, I cannot accurately answer your question. However, if a solicitor told you this is the requirement in your jurisdiction, why would you take anonymous advice on AB over the advice of that solicitor?

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What is statue of limitations on prescription fraud in Virginia? Two years from the discovery of the fraud.

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I got "caught" at my school dance last night because they thought i was high so the security guard told me if i didn't sign the paper stateing i smoked i would be charged for lying to him. i signed the paper but im a minr and isn't that also coercion? You story just does not make sense. Why would you admit to using drugs if you did not use drugs? Even with the threat of being charged with lying, why would you not just take the charge? That is akin to saying: "I did not kill the person, but I admitted that I killed the person becasue the cop said if I did not admit it he would charge me with petty theft."

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I want to know how we can make our govt stop doing things we dont want them to( bailing out big business, etc... ), voting obviously doesn't work. What is the next step? What do you mean voting does not work? We have the bailout because more people voted for Obama or democratic congressmen. Had more people voted for McCain or more conservative congressmen, the bailout would have been defeated. The key is not just to vote. Rather, the key is to vote for people who actually support the policies you believe in. And, it also helps to have a majority view...

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I'm interested in hearing your answer. I personally believe that abortion should be allowed. But i would like to know what specifically do people have against it. I know some, but help inform me. The primary objection to abortion is that it is murder. The pro-choice movement generally believes that a person is not a person with rights until the person is fully out of the womb. Except, of course, most pro-choice advocates do support infanticide laws (i.e. laws that allow a person to be charged with murder for killing an unborn child, so long as the killing was not done by the...

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Well I am announcing my 2012 Run I am A native American and what better reason to vote for me than CHange and I am one with the land. Will you vote for me a Native American to reign in More Change? Are you going to provide "hope" with that change?

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If I am charged with petty theft, and I want to move to another state will they transfer it? They will do you one better. They will give you state sponsored communal housing and three meals a day to ensure your presence in the state.

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Are there any decent lawyers out there that actually care for helping people and not helping themselves to their money? If so, then who? I suppose this depends on your perspective. If you think that all lawyers are selfish people who only care about getting paid, then I ask this: 1. Are there any decent BMW dealers out there that actually care for helping people and not helping themselves to their customers money? If so, then who? 2. Are there any decent contractors out there that actually care for helping people and not...

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Where would I go to find out if the name every rose is copyrighted by Bret Michaels? You cannot copyright a name.

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Explain to me why,children of seperated parents of wealth deserve more then a child of poverty,i.e.my daughters dad is jobless and therefore only has to legally pay 20 a month.yet he doesn't and it is overlooked i think the scale should be more controlled Well, because you chose to bring a child into the world when you or the father was not capable of providing for that child. You have nobody to blame but yourself. The law recognizes the fact that a child has the right to share in the wealth, or lack thereof, of both parents. Who do you expect to pay for the child that you chose to bring into this world?

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Does anyone know of a leagle way to get out of a hair drug test for child services Of course. Just refuse to take the test. Child Services cannot force you to submit to a drug test. You will have to give up your child, but you have a choice. In fact, let me give you a true story. Years ago I was a CASA. As I was waiting for my case child's case to be called, I was sitting in Family Court listening to other hearings. In one case, the judge ordered a mother to one...

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WHY DOES THE UNITED STATES NOT HAVE TO ABIDE BY INTERNATIONAL LAW? IF THE LAWS WERE CREATED TO ENSURE THAT HUMAN RIGHTS ARE PROTECTED WHY SHOULD THE MOST POWERFUL COUNTRY IN THE WORLD BE EXCEMPT FROM RESPECTING THESE RIGHTS? They do. However, I suspect what you are calling "international law" is not, in fact, international law. Every nation is sovereign. That means every nation has the right to do as they please. The destruction of a nations sovereignty can only be achieved in one of two ways: 1) by voluntary agreement (i.e. a treaty), or 2) by force. There are many organizations that publish...

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HAS ANYONE HAD EXPERIENCE WITH CPN (CREDIT PROTECTION NUMBERS OR CREDIT PRIVACY NUMBERS ...CAN ANYONE TELL ME WHETHER THE ADS ON THE INTERNET ARE TRUE (THAT YOU CAN USE THEM TO START A NEW CREDIT PROFILE) AND HOW TO GET ONE? No. CPN numbers are scam. It is illegal to put false information on a credit application. The official name for this scam is "File Segregation." You can read more about it at the Federal Trade Commission website: http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre23.shtm

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I live in Philadelphia, What kind of job can I get that doesn't require a drug test? Why not simply stop doing drugs? If drugs are so important that they take precedence over earning a livelihood, isn't it time to admit you have a problem?

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I have a neighbor who left their sm. dog outside in 6 degree weather all day. NO food, water or shelter!!! I brought her in to my home. Will animal control let me keep her? So you stole a dog and you want to know if the authorities will let you keep it. Are you really asking this question?

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Is it cruel and unusual torture to chemically castrate rapists and paedophiles? All torture is cruel and unusual. But I think you mean is it "cruel and unusual punishment." And the answer is most likely yes, although I know of no such case where it has been tried. What makes it cruel and unusual is their is no rational connection between the crime and the punishment. Castration, chemically or otherwise, does not lessen the urge to rape or commit pedophile...

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I have to do a report on why guns should be banned in the US. Does anyone know any good websites withh good information that isnt just opinions? I need like statistics or something. Google doesnt help me That is actually a rather stupid assignment. Regardless of your viewpoint on guns, such an assignment highlights the problems with our educational system. Such an assignment places an ideology in your head, and then expects you to find a way to rationalize the ideology. Again, this is not a comment about guns in general. This comment could be made about any assignment that forbids...

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Is prostitution legal in RI? Yes, and it is not a loophole. In America, everything is legal except that which is specifically made illegal. Every state but RI has banned or regulated prostitution.

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What do you think of people who believe that homosexuality is a disease? I generally don't think anything of them based on this fact. However, they would be technically correct. A disease is "an impairment of health or a condition of abnormal functioning." The normal human body is equipped with the anatomy, and hormonal reaction, for sexual reproduction with someone of the opposite gender. Thus, a gay individual would have "a condition of...

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Remember prohibition all the gangsters and crime? Anybody think if we were to legalize drugs we could wipe out gangs and personal crimes? What if the gov. regulated drugs.Then use all the money for rehabs? We'd have plenty money to help these people. Your question does not make sense. How would regulating drugs create money? Government regulation costs money. And drugs are a leading cause of crime. For example, 90% of identity thiefs are meth addicts who steal identities to pay for their meth habit. Legalizing drugs will just cause more people to turn to crime to support their habit. And if you look at crime stats before, during,...

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What is the settlement amount usually recieved from an automobile insurance accident when the victim has not been permanently injured but has over fifteen thousand dollars in medical bills? The amount of your actual injuries (i.e. "over fifteen thousand dollars"), assuming, of course, that the other party is 100% at fault.

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Why are corporations considered to be citizens? No one is accountable when a corporation does wrong. You seem to misunderstand how a corporation works. Corporations act through people. If the people who are acting ion behalf of the corporation, the person is held liable.

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My dad has listed his niece as the owner of his house when he dies, what can his adult children do about that? Nothing legally. Your dad has the right to give his property to whom ever he pleases. If the father did not know of the existence of the children (we call them "pretermitted children"), then you could contest the will. Bot otherwise, your only option is to be extra nice to your father with the hopes that he changes his will.

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Do you think police should follow the laws ,same as everyone else? or do they abuse their authority when they are on duty? Can you be more specific as to what you are referring to? There are special laws that apply only to law enforcement. For example, a cop can go over the speed limit in pursuit of a suspect. This is legal despite the speed law in the vehicle code because cops could not do their job otherwise.

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What has the bailout done for the struggling homeowners?? All I've seen was alot of non profit mortgage counsellors get billions in grant money to train employees to give "mouth service" to struggling homeowners. continued below Absolutely nothing. The bailout was never intended to help homeowners who cannot pay their loans. The bailout is to protect the stock market (which in turns protects your retirement account and other investments).

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Why are women still not paid an equal amount to men? Your question is based on an inaccurate premise. Women with equal qualifications as a man gets paid the same. If you look at national statistics, you will notice that women in skilled positions do get paid less on average than a man of the same age range. However, the average years of work experience for a woman in that age is 10-20% lower than the man of the same age. This is because...

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Can a 17 year old move out without parent's consent in alabama? Why do so many people ask questions like this? If states wanted people to be treated as adults at 17, they would make the age of majority 17. State have an age of majority law because it determines when a person is deemed an adult under the law. Until you reach that age, or become emancipated, your parents have the right and duty to care for you. That includes telling you what you can...

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A girl whom I got pregnant said she would take care of the kid her self, wanted no help. I typed a document that stated that she had sole financial and emotional responsibilty for the childs upbringing. She signed and dated it. Will this hold in court? No, it will not stand up in court for several reasons: First, the agreement is against public policy. Parents are legally mandated to care for their children. This is an obligation that cannot be waived. Second, the agreement is with the wrong person. Your obligation is to support the child, not the mother. The mother cannot waive the child's right to be supported by both...

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If arkansas law says that you cannot scalp tickets but gives an exception that says "this shall not apply to institutions of higher education which receive funds per ticket above the face value of that ticket." then why can i not scalp my My guess would be because you are not an institution of higher education, but only you know for sure.

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By doing the work of two are you showing they only need one? Maybe. Or at least you are showing that you are more productive, and therefore more valuable. But in some jobs you are simply showing that the employer can do with only one in that position.

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Is it legal in Michigan for the electric company to turn off power in a home with two children under the age of two? Of course it is. The electric company is a service provider. Like all service providers, they have the right to disconnect service if you do not pay.

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What's the difference between Assault or Assault & Battery? Aren't they both the same for hurting someone in a fight? Assault is when you put someone is reasonable apprehension of an impending battery. Battery is when you actually make physical contact with the person. Many states have combined these common law definitions in their criminal statutes, so you need to read the actual statute if you are being charged with one of these crimes.

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Why is it so hard for convicted felons to get a break, dont we deserve a second chance? I paid my dues and have completely changed my ways but still cant get a break. Hopefully you have changed. However, statistically speaking, someone who has committed a crime in the past is more likely to commit the same crime in the future. Thus, it is usually beneficial for people to give the breaks to those who have not committed crimes in the past.

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GUN LAWS IN MISSISSIPPI Yes, they do have gun laws.

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Do you think political correctness is over done? No, but people have gone mad insisting on political correctness. Why would anyone want political correctness? Political correctness is nothing more than a way to candy coat scenarios to attract support. It is nothing more than a lie to garner support, even though the PC advocate does not actually support the common viewpoint.

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I live in Texas(community property state). Have a house that was bought with my husband(martial property). My name is on the loan and title. Here is my question.....his will states that his children will receive everything. Do they get 50% of the house The answer to the question depends on how you own it with your husband. If you own the house as a joint tenant, then the whole house is yours upon his death. The will does not even come into play. If you own it as a tenant in common (or some other form of joint ownership) then the equation becomes more complicated. Upon the death of your spouse, half of the house is yours as your share of...

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Im selling my horse on payments they have only payed me 250$ and they owe me 250$ do i have the right to go get my horse since they are being diffculte and being rude with me cause im not 18 so do i have right to go get him on the 1st of januray? In most states (if not all), a minor has the right to void a contract. Thus, you could void the contract, repay the $250, and reclaim the horse. However, if the buyer does not voluntarily give back the horse, your remedy is to sue. You could sue for the remaining $250, or to void the contract.

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My mother died 3 years ago and my oler brother is the executive holder of the will... My sister think he might be hiding something becuase he says its private and wont let me and my two sisters see it... should i be concerned and ask him? Just request to see the will from the probate court. Since your mother has passed, her property must be probated. Thus, the will is now a public record.

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Why are there more black people per capita in prison than any other race? Because black people commit more crime, and the crimes black people engage in are usually more overt acts that are more likely to get caught. A more appropriate question would be why do black people commit more crimes? ThreeCousins is actually MOSTLY correct on this issue. Black children are far more likely to grow up in a single parent home with little parental guidance. This makes...

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I found glass in a can of drink I bought - who can I complain to - other than the manufacturer? You can complain to anyone you want. Why do you want to complain? That will ultimately answer your question. For example, if you want to complain to get people to not buy the product, then complain to everyone who will listen.

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I was verbally assaulted and threatened by an off duty police reserve officer, while he was driving a utilities truck, and later in the police dept. he didnt allow me to talk at all, now I am afraid anyone have any good suggestions? There is no such thing as a verbal assault. Assault requires that you be put in reasonable apprehension of an impending battery. Words alone are never enough to achieve this. And how did the police not allow you to talk? Are you saying you were gagged? If so, I would file a complaint.

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I was banned from driving for 4 years for drink driving injan 2007.it was my second offence.under irish laws when is the earliest i can have my licence restored? Um, 4 years. Hence the statement "I was banned from driving for 4 years...."

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When I move out, can the landlord make you pay more than the deposit you already paid? Of course. The landlord is entitled to any money it takes to fix damages you caused to the property. If that exceeds the security deposit, he can sue you for the remaining amount.

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Can a landlord sue you if you wanted to move but he told you not to, knowing you couldn't pay the rent? Can he expect you to pay all the back rent at once? Yes. You are bound by the contract you agreed to. The landlord has the right toe expect you will pay on time. If you do not, he has the right to sue for his damages for your breach.

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Was terminated from my bank job (Ga). Had only been written up 1x in the past. There 3 yrs. Thought I was resigning because of unfortunate customer situation but when I received the Separation Notice, it stated termination? Nothing required to sign? Help! What is your question? Whether your quit or were fired, those are both terminations of employment.

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I own my truck out right but had some repairs done to it, the garage repod it on me while I was at work without any notice. I don't know what to do now I need the truck to get to and from work so if I loose my job I still can't pay for the truck. Well, then get a loan or something to pay for the truck so you can get it back. You can't blame the repair place for your failure to pay.

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Can an employer, in a state with medical marijuana, fire you for a positive drug test if you have a perscrition for medical marijuana? Yes. An employer can fire you for a violating the law. Even if your state allows you to smoke marijuana, it is still a violation of federal law. Moreover, an employer has the right to not hire someone who will come to work impaired. This is true whether the impairing agent is prescribed marijuana, or prescribed pain meds.

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Is this following statement true? “For every justifiable handgun homicide, there are more than 50 handgun murders, according to the FBI.” If this isn’t true, would anyone care to give a source that contradicts and tells the actual truth? The statistic is most likely true, however, it is a statement that puts a false spin on gun violence. The one statistic that is missing is how many violent crimes are prevented by the mere presence of a gun. For example, Texas has far fewer robberies than most states with harsher gun laws because of the risk to the would be robber. Imagine you are a bank robber. Where would you...

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What is the only state that Does Not enforce the right to privacy pertaining to your garbage? What are you talking about? In nearly every state you do not have a right to privacy over things discarded in the trash. This is why cops are allowed to take evidence out of the trash at the curb without first obtaining a warrant.

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If a court schedules your appearence to a different and wrong court division in same county, is that grounds for dismisel? Of course not. A case will only be dismissed by motion of the court if you have been denied due process, there is insufficient evidence.

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If Supreme Court Justices were not political appointees, but voted on and chosen by the people, chances are better decision-making would occur because there'd be no "boss" to please or "party" to pacify. Do you agree with the premise or disagree? As it stands now Supreme Court Justices have no boss. Moreover, although some tend to be more liberal or conservative, none strictly adhere to any political party lines. On the flip side, how would the public evaluate the qualifications of a Supreme Court justice? It would be improper for them to render opinions on issues that are not before the court. In addition, people would likely...

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How will Obama be inaugurated without his birth-certificate? I'm not against him just wondering. He submitted his birth certificate to the Federal Election Committee when he began his race. There is no requirement that you must bring your birth certificate to the inauguration to be sworn into office.

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What historical elements created the Glass Ceiling? (The Glass Ceiling refers to the fact that woman the invisible barrier that some believe keep women from rising to the highest levels of management within corporations) It is not so much historical elements as it is female anatomy and the desire of women to bear children. Employees are a commodity in the workplace. It costs money to train and replace a worker. Thus, if you hire a women, there is a good chance that the woman will leave the workforce at some point to bear children. That makes women more expensive and less valuable then their male...

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When a head gasket blows, the car might as well be totaled. How does the owner prevent the head gasket from blowing in the first place? A head gasket only costs about $20. The cost to replace it will run about $1000 because replacing it requires removal of the engine block. However, that is hardly an expense that is worth totaling a car over. Head gaskets most often fail because the car was permitted to overheat. The way to avoid this is to make sure you do not push it when your car is overheating (usually caused by a...

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How long does a landlord have to give back your security deposit after you move out? It varies by state, but most states require the deposit or a list of deductions be provided within 14, 21, or 30 days. You would need to provide your jurisdiction if you want a more specific answer.

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My son was hurt on a trampoline 3 months agao and fractured his growth plate and was in a wheel chair for 10 days and then couldnt walk on it for another 3 weeks I want to know what the statue of limitations are to get a lawyer for his pain an To answer that question, we must first determine what your cause of action is. Did someone push him off the trampoline? Was someone supposed to be supervising your son, and did the accident occur as a result of a failure to supervise? Was the trampoline defective? You need to identify who did something wrong, and what was that wrong, to identify the cause of action. The cause of...

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If a man divorcee a woman then then there is a punishment for the man. But if a woman divorcee to a man , is there any punishment for woman? if yes what are those & if no then why? What do you mean there is a punishment for the man? There are no states that punish a spouse for divorce. What country are you referring to?

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Why does our government consider marijuana a drug, when in fact it is a plant, nothing is added to it besides the paper, so why? Because it is a drug. Drugs do not need to be man made. Anything that alters normal body function is a drug. Your question is akin to saying: "Why does our government consider a Ford Mustang an automobile, when in fact it is a car?"

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Are items taken during a search warrant that aren't the specifically described items listed on the search warrant, be used as evidence? Yes. Any contraband found during a lawful search may be seized and used as evidence. The search is lawful so long as they are only searching the places specified in the warrant.

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Should G.Bush pay back lost money and leave America What "lost money" are you referring to, and how would it be Bush's fault the money was lost? The only money Bush has the power to spend is that specifically allocated to the executive branch by Congress. Thus, the only money he has to lose is that which he has full discretion to spend.

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When someone settles out of court, does it pretty much mean they are guilty? That is generally not possible. You can only be guilty or not guilty in a criminal court. However, you cannot settle a criminal case (although the Alford plea, where permitted, is like a settlement). If you are settling case, it means you are settling a civil case, where there is no such thing is guilt or innocence.

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Is our President elect not an American? i've heard he is uncooperative with devulging this info. If he isn't American then who is the President elect. Your question indicates a misunderstanding of the issue. Barack Obama is an American. There is no doubt about that. The issue, however, is whether or not he is a "natural born" citizen, which is what is required to be President. Of course, the answer to this question is ultimately moot. The Federal Election Committee cleared him, and this is a political question that the...

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Do you think unions are necessary in this day and age? They have never been necessary. Today they are equal not necessary, and even harmful to employees. Everyone who thinks that the decline of unions has resulted in the decline of American pay needs to stop believing what their union reps have told them and do a little research. Unions get their power by controlling the supply in the labor market. For example, in the 50's, if you...

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I have an attorney to go to court over a car accident i crashed my car with a stationary object, this happened late night after work.the road was wet and i lost control over my car.how serious is this?how much would the fine be?would i go to jail? If you have a criminal case pending, then you have left out critical facts. Having a car accident is not a crime. Thus, you must have done something more. Were you drinking? Did you you flee the scene? Didi you not have insurance?

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Do I have any legal rights to request information about a robbery at a large company which resulted in one of my belongings, which was in their care, was stolen? Of course. But absent a subpoena, the company has no legal obligation to provide it.

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What action should be taken if someone runs over your dog in your own driveway. The bill so far for the vet is over $1000.00 and still are not sure if she is ok, so the bill my increase. Should they be liaible? That depends on the circumstances. In order to be liable for harm, you must have doe something wrong. That could mean acting negligently. That could mean trespassing. That could mean intentionally causing harm.

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Can you declare bankrupcy on a deceased person? Live in PA.We just have house (mortgaged for more than worth in present market) car worth less than 1,200.00 What do you mean "declare bankruptcy on a deceased person?" If you are filing for bankruptcy, you are obviously not deceased.

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In Missouri. How old do you have to be to legally move out of your parents house. I heard it was 17 I assume you mean without your parents permission. If so, you must be 18. There is no state where the age of majority is less than 18. Thus, the only way to move out under 18 in America is to get emancipated. Note: Some states the age of majority is 21.

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Homecoming is next week...what is the easiest way to get a date without making a fool of your self? As a girl (which I assume you are from your AB icon), you don't really have to worry about that. All you have to do is ask. In fact, someone will likely ask you. You are certainly attractive based on your icon, so the likely reason you do not already have a date is because the guys are wondering the same thing (i.e. how to ask you to the dance without looking like a fool).

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Why do adults think that minors are so immature? Because they usually are. Maturity comes with age and wisdom, which, by definition, minors lack.

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My ex continues to blog in the porno site she has been in for 5yrs about our personal business as well as my own.She is putting info about me in public .How do I make her stop legally? If the information is true then there is really nothing you can do. The First Amendment gives you the right to speak about other people.

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I'm in a lease with 7 mo left. My 1 roommate has her bf living with her and he's not on the lease. They do drugs and I am not safe there. They won't sign me off even if I get someone to take my place. Can I get out somehow? Who cares what your roommate thinks? Your lease is with the landlord. Thus, all you need is the landlords permission to break the lease. Of course, it is unlikely that your landlord will agree to let you out. You can break the lease and then sue your roommate for damages. You will still be liable to the landlord, but you can get the rent money from your roommate.

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My ex wife used my insurance after she was taken off the policy to have another mans child. big mes I have to clean up with health provider, what action can I take against her? You can call the police.

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Is gay marrige wright or wrong There is no such thing as right or wrong in a vacuum. In what context do you ask?

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Hi, we just bought a house in laval (Quebec) and have to pay welcome tax. we have just sold the house (less than 6 months) and wondered if i would have t pay the full amount of welcome tax What is "welcome tax?" Is that just a property tax or sales tax, or is that in addition to a property or sales tax?

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In Florida, does you homeowners association need to have insurance on all the buildings (townhomes) or do they only need to cover the common grounds and buildings, which would then require each townhome owner carry their own building and personal insuranc None of the above. An HOA is not required to insure anything. Most will insure the common areas because the governing documents usually make the HOA responsible for those areas.

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Should OJ Simpson get life in prison? If he is truly only being punished for the current charges, then no. But I suspect any sentence will include extra time for the perceived injustice of Nicole Brown Simpson and Ron Goldman.

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What do you do when someone puts false information in the newspaper about you? I can prove it's false If you have suffered pecuniary harm as a result you can sue for defamation (i.e. libel).

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My boss has changed my hours many, many times. Now, she has made me go hourly instead of salery. I only get a 30 min break. Is there a law that I get a 15 am break and a 15 pm break? Please inform. When I take my lunch break I don't have to clock out There is no federal law that requires any breaks. Six states mandate that you get a 10 minute break for every four hours of work. Minnesota says you get one break every four hours that is a "reasonable amount of time to use the bathroom." As for lunch breaks, 22 states mandate that you get a break after a certain number of hours (usually 6). Lunch breaks never have to...

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I am at the risk of redundancy, can my current employer refuse to provide a reference and if they can on what grounds can they refuse? First, an employer can say anything truthful about you that he or she wants. The First Amendment protects all citizens, even those who employ people. Second, an employer is under no obligation to say anything. Thus, they can refuse for any reason. Many companies have a policy that their managers are not to say anything. The rationale behind this is to avoid lawsuits. Even if the...

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Why do you think no one obeys the War Powers Act of 1973? By nobody I am assuming you mean no president. And the reason why no president obeys because the act is unconstitutional.

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My question is concerning gender identification. If a person is female in outward appearence (in every way) but has male DNA would this person be legally a female or a male? This person is deceased and has female on her death certificate First, the law does not randomly define things. Thus, to know what you are "legally," you need to first identify what law you are referring to. Second, the sex on our birth certificate is determined by our genitalia at birth. Moreover, genitalia can now be changed surgically.

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In the state of Kentucky when a resident of your house moves out, how long do they have to get their belongings before they are deemed "abandoned"? There is no bright line test. The time depends on what is reasonable given the circumstances. And what do you mean by "resident?" If the person is a tenant then they have not moved out until they have taken their property. More facts are needed to give a more definitive answer.

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My books were ruined in my storage unit. State Farm is doing everything to get out of claim. They said water has to come from damaged roof, cannot be surface water. Also said books depreciate really badly. Most were books I self published. Help. If the books were new inventory, then you would be entitled to the cost to reprint the books. Otherwise, all you are entitled to is the depreciated value. And since many books are reference material that are time sensitive, or fictional work that tracks popular culture, the do depreciate very rapidly. As for the denial due to "standing water," that you need to read your...

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I actually signed a contract with bally total fitness, but i honestly cant go anymore since i went back to school and wrk full time.. is there anyone who could help me find a way to cancel dat contract???? plz The only way anyone can help is if they had a copy of the contract. What does the contract say? It will tell you exactly what you have top do to cancel, if at all.

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Is buying magic mushroom spores and grow bags/grow kits legal in the UK for research purposes? There's a site I found that says it's legal in some countries, but didn't specify which ones, anyone know about it in the UK? I would talk to an attorney in your jurisdiction before you take that advice. Most countries allow the possession of drugs for research purposes. However, those researchers are strictly regulated, and get a permit for specific research. Everyone who uses drugs is a "researcher" of sorts?

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Can parents press charges on someone after i turn 18 even though it supposedly happened when i was 17? First, you have to understand what "press charges" means. All it means is you are asking a DA to file a criminal case. Or more commonly, you are asking a cop to ask the DA to file a case. The DA has no obligation to file charges, regardless of what you want. Moreover, the DA is precluded from filing charges UNLESS he has the evidence to make out a prima facie case. You can be...

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What happens after a certificate of Judgment is placed against you for a loan but it was a unsecured loan Now they get to go after other assets. They will start by garnishing your wages and putting a lien on you home.

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Why does everyone get so upset over the idea of a significant age difference between people dating? It's only wrong because the law says it is, and it used to be the norm. If both people are emotionally mature enough, I really see nothing wrong with it. The answer to your question is in your question. You wrote: "If both people are emotionally mature enough, I really see nothing wrong with it." The fact is that minors are NOT emotionally mature enough to appreciate the complexities of a relationship with a much older person. Yes, it used to be the norm that you were married by 15, but your life expectancy was also only about...

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Why is it in the US one has to have a prescription for certain drugs and yet you can go online order the same thing w/o 'script and it is perfectly legal? Because it is not legal. It is illegal to posses a prescription drug without a prescription. Even if you order it online.

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My employer is asking salaried employess to either take vacation days or not get paid for days that they wish to close the facility. If you do not have vacation days available you will not be paid for the 5 days days they wih to close. Is this If I understand you correctly, this is actually illegal in most states. An employer can make a salaried employee take vacation if the missed work is the fault of the employee. However, if the employer chooses to shut down, then the employer still must pay your salary. This would not be the case if the closure is part of your normal work arrangement. For example, if the facility closes for...

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If I'm toilet papering a house and am caught by the police, who decides how I will be punished, the homeowner, the police, or someone else? The answer could be any of the above, except the prosecutor. You have committed a crime. Thus, you could be arrested, win which case the punishment would come from a judge or jury. However, most of the time an informal resolution is worked out. The police do not want waste the the time to book someone for this, so they may tell you to clean it up and they will let you go. You could,...

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In Arizona, is there a Statute of Limitations on a traffic citation (civil case) from the time the citation was given to the actual court date? Your question has many inconsistencies. Please clarify the following: 1) If you are fighting a traffic citation, that is not a civil case. What are you suing for? 2) A statute of limitations is the time in which a case or criminal charge must be filed. It runs from the time the claim arose. Thus, once the charges are filed, the statute of limitations become irrelevant.

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How would a 14 year old go about dissowning her parents in the Commonwealth of Massachusetts? A 14 year old wouldn't since a 14 year old does not own her parents.

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Do i have 72 or so hours to decline on an agreement to buy a recreational vehicle from a dealer? You have as long as you want to decline an offer, so long as the dealer does not revoke the offer first. However, if you contracted to buy, you can only cancel within 72 hours if you included such a clause in he contract.

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My son was arrested from a grand jury ind. He turned himself in. We live in nm does he have the right to the 72 hour rule? When does it start and end? What 72 hour rule are you referring to? If you are referring to arraignment, then no. An arraignment hearing is held after an arrest to ensure that there was probable cause to arrest. If you were indicted by a grand jury, then that decision was already made by a competent tribunal.

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What is the policy for store merchants on posting store policys in order for the policy to be valid and enforsable? A policy is not enforceable. A policy is nothing more than a decision by the management or owner of how they want to run their business. However, they are free to break policy at anytime. If a store posts a policy statement, that posting could become part of a sales contract. Then, and only then, could a customer possibly sue to enforce the policy. However, you would be suing for breach...

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I ask this question in relation to a comment I received. That comment was: "It is illegal to have sex with someone else if you are married..its called adultry.. Adultry is considered a law in the US" Is adultery still illegal and prosecutable in US? Marriage law is exclusively state law. Adultery was a crime in most states at one point. I know most states have abolished that law, but it is certainly possible that it is still a crime in some state.

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Can a person in kentucky be audio or video tape redorded without there permission , while on there private property? This depends where you are on your property? If you are in public (e.g. your front yard), then you have no expectation of privacy, and it is completely legal for anyone to record you.

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Are there any Copy-Written (Copy-Righted) Questions? It is theoretically possible, but I am sure you wont find any on AB. There is usually not enough substance to a question to be copyrigtable, and when there is, it is usually not original enough. But I am sure you could find a question in a scientific journal that has enough substance and originality to be copyrighted.

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Will Obama legalize Marijunia? No. He won't legalize anything. This is because, like all the presidents before him, the President does not have the authority to pass laws.

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Could a minor, a sixteen year old, post bail money for someone if she paid in cash and had a picture ID? Could the bailbondsman be charged with a crime? If so, what would the charge be? It is not a crime for a minor to post bail. It is also not a crime for a minor to enter into a contract. In fact, if it were, the minor would be engaged in criminal activity every time he purchased something at a store. However, a contract with a minor is voidable at the minors discretion. Thus, it is not in the bondsman's interest to issue such a bond.

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I have been representing myself pro se in a will contest. A hearing is set for Dec. and I must hire an attorney. In order for the interrogatories to be timely, can I send them out myself and then hire an attorney. I do not want to move the hearing date. You can but it could be harmful to your case. Lawyers are good at giving technical answers to interrogatories, while limiting the information provided. They also know the rules of civil procedure, and what questions to object to.

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Could and would America ever issue a complete ban on owning your own gun? If by America you mean the federal government, then that would only be possible after a constitutional amendment. And it would be highly unlikely such an amendment would be ratified. Under current Supreme Court precedent, the 2nd Amendment does not apply to the states. Therefore, every state could potentially ban gun ownership. Of course, Washington D.C. would still have guns, therefore...

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I was bu ying ahouse and land. The house burned without insurance! who owns the land?? Who has to pay the taxes on the land? In most states, absent a contract to the contrary, risk of loss passes to the buyer at the time of the contract. Thus, if you accepted an offer, the risk is on you unless your contract said otherwise.

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What are the laws for posession of material things in court? In a nutshell my ex boyfriend left stuff at my house after he up and left me and moved states away..now he says he wants his stuff back and if I don't send it he will take me to court. You can bring possessions into court, but why bother? Just tell your ex that you will arrange for a time for him to pick up the items, or that you will send the items after he sends payment for shipping.

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If I decide to picket a business do I need a permit? They owe me money that was upheld in court and refuse to pay. I would like to picket their store with the hope they don't want the unwanted publicity it might bring. If it is only you, no. AnswerGuys's answer is correct, except you do not have to keep moving. There are laws against loitering, but if you are picketing a business, you are not loitering. Rather, you have a specific Constitutionally protected reason fro standing their. However, there are better ways to get paid. If you have a judgment, there are a whole host of involuntary...

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Is a HOA in Califorinia allowed to prohibit the amount of rentals in a complex by a board vote, in an attempt to hold property values stable. Yes, if your governing documents allow it.

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In the state of California is a HOA allowed to restrict the amount of rentals in a complex to mentain property values. The short answer is YES. There is no law that precludes this, so it is ultimately up to your governing documents. An HOA is nothing more than a voluntary association. Thus, if the rules have anything to do with property, it is most likely legal. This is because in America we generally believe in the freedom to contract.

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Gee...i wonder why the crime rate is so low in amsterdam? Could it be that you are wrong, but you are simply trying to make an illogical point based on personal bias. Let's see. A quick google search came up with the following article straight out of Holland. "Amsterdam Best Town To Live In Despite Top Crime Rate" http://www.dutchamsterdam.nl/162-amsterdam-livability

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If I clock in 5-30 minutes early at work every day, are they obligated to pay me for that time or not? And if they are supposed to what steps do I take to make sure I get paid for that time? That depends when you actually started working. They must pay you for the time you work. If you clock-in, and then drink coffee or hang out until your start time, then no, the do not have to pay you for that time.

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Getting out of a lease if roommate won't sign me off. she doing this out of spite and she said if she goes down then I'm going with here. her mom even came to the apt threaten me. the office manager said she has to sign me off. what can i do? You can't. You are lucky that the landlord is even letting you out of the lease. Why should your roommate take the hit by letting you out? That would mean the roommate is not stuck with higher rent and utility payments.

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HOW CAN I FIND OUT THE HOW MANY YEARS MY HUSBAND GOT DEPORTED I do not understand your question. Are you asking how to find out how long ago he was deported?

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This lawyer charged me $800 final fee for a custody matter, in which I explained. Now several wks later, she says that what I asked for, is different from what she has to file, she says this is my fault, and does not have to give me the full amount back. Do you have a question? And you do realize that a lawyer is a service provider, so you are paying for their time. So if your lawyer did some work, she deserves to be compensated for her time.

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Why can't people understand that if you smoke weed you will not pass a drug test? How hard of a concept is this? Perhaps the reason is because they are impaired by smoking marijuana.

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Our current homeowners assn. rules state "no walkers, joggers, bike riding, etc. on the golf cart paths. Some owners want to allow anyone to walk, bike, etc. on the paths at any time. In case of injury, is there assn. liability? That depends on what causes the injury.

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Is there anywhere you can get FREE public records, you know not the scams that say they are free and then try and charge you. Of course. Go to the agency that holds the record and request it.

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I am mostlikely going to be out of a job soon, but I may qualify for disability due to my Bipolar disorder, is thier a way to legal collect on my unemployment and disability at the same time? or wich one should I claim? First, if you are capable of working you do no qualify for disability. Second, you are asking how to commit fraud. And third, why are you not looking for another job now?

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If an RN is fired for refusing to take a complex patient without first seeing the patient's file, is that wrongful termination? No. It is never wrongful to fire someone for insubordination when the assigned task is not illegal.

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Should blackmailing truly be a crime? State your opinion why or why not. It depends on what you are blackmailing a person with. If you are blackmailing someone with information you illegally obtained, then yes. If you are merely demanding something to refrain from doing something you have a legal right to do, then no.

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If an officer is investagating a theft crime and the main suspect is his friend and he goes to the suspect (friends) house while off duty in plain clothes to question is that legal Sure is. The officer can even lie to the friend and say that he will not use anything he says as evidence, and then use the statements as evidence.

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Can there be justice when laws are absolute? Yes. There is justice because laws are absolute. If laws were not absolute, then people would have no guidance on what is permitted or not. It is certainly not just to punish someone for something they did not know they were prohibited from doing.

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Is anyone familiar with the copyright laws. If I wanted to copyright some poems would I have to copyright every individual poem or can I copyright the whole book? First, your work is copyrighted as soon as you put it in a tangible medium. Thus, I will assume you are asking about registering your copyright (which you do not have to do, but there are a few benefits). You can register your copyrighted work as a compilation, or individually.

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Is ther a difference between an agreement and contract? Generally no, but there could be. A contract is an agreement where both sides offer consideration. On the other hand, you can have an agreement with no consideration, thus it is not a contract. So a contract is always an agreement, but an agreement is not always a contract.

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Has anyone ever been taken to court over a vehicle repossession. The bank is trying to collect a deficiency balance and I'm not sure if they will "drop it" or come after me. They most likely will not drop it. This is because once it goes to collections, it is pretty much out of the banks hands. Banks generally have a debt collection law firm on retainer. The law firm is paid by a percentage of the debt collected. Thus, the bank has no incentive to drop the case because they do not pay anything to sue you. The law firm will only drop the case if it is not...

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Is it a crime when a cashier gives you more change than they are supposed to and you keep it? If you are aware of the error, then yes, it is larceny. Larceny is the taking and carrying away the property of another with the intent to deprive. The extra money given in error is still the property of the cashier or business.

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Where does it state in the Ohio revised code that I have 3 days to back out of a contract? It doesn't. You only have three days to back out of a contract if such a clause is in the contract. You do have 3 days to cancel a mortgage contract, but that does not cancel the contract to buy or sell. But this is based on federal law, and therefore is not in the Ohio Code either.

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Help me to understand. Filed claim today with State Farm. They cover my storage contents. Damage caused by heavy rain. They cover weather damage. They said I have no flood insurance. It was not a hurricane or flood,just heavy rain. Help. A flood is any heavy accumulation of water. It could be from rain, a hurricane, a burst pipe, etc.

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I had a creditor to call my boss, ask for me by name, lied and said i always hang up on her (i've never spoken to the lady) told him who she was calling from. is this legal? she may have put my job in jeopardy. can i do anything! He was probably calling to set up a wage garnishment. Yes, it is completely legal.

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What are the origins for some of the nicknames given to the police such as the fuzz, pigs, cops, 5-0, etc.? 5.0 comes from the 5.0 liter Ford Crown Victoria's that were driven by most police agencies.

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Why is it so hard to get a lawyer and legal aid? It's not hard to get a lawyer if you have a legitimate cause of action. It is tough to get legal aid because lawyering is a skilled profession, so only the most needy and deserving get free legal help (at least in civil cases).

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Shouldn't those religious organizations that backed California Propostition 8 banning same-sex marriage be taxed? Separation of church and state was violated here. Shouldn't these organizations also be penalized? I have a longstanding offer of $1000 to go to anyone who can show where in the Constitution it mandates a separation between church and state, and to provide evidence that the founding fathers intended there to be a separation of church and state. So far nobody has been able to come close, especially considering that the founding fathers encouraged the opposite. Thus, to answer your...

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How can I find out if it is illegal for a student to have a Sharpie Marker in School CFISD? It is not illegal. Whether or not it violates school policy is another matter. For that, you should ask someone at the district office?

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Stakeholder What are you asking?

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Here's a seriuos Q. i'm on probation i get drug tested the only drug i use is weed i want to abide by my probation but when ever there's a blunt or weed around me i smoke and it doesn't help that my girlfriend smokes to what are some ways to over come thi First, the fact that you think marijuana is not a drug is a good sign that we still need to have it be illegal. FYI: a drug is any substance that when absorbed into the body of a living organism it alters normal bodily function. Second, the fact that you cannot help yourself when around weed (i.e. are addicted), is another reason why we should not legalize marijuana. Third, you...

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Do you have to have a permanent injury to receive a workman comp settlement No, but you need actual damages.

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My husband was hurt at work a month ago (lower back). Filed W/C. The doctor put him on light duty for 1 week. Now his employer wants to cut his pay since he isn't doing full duty. He has a helper. Is this legal while claim is still open? Live in GA. Yes. That is why we have W/C in the first place. That is, to make up for some of the lost wages that result from an on the job injury.

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Can I purchase Hanes and other logo T-shirts off the rack and online and add my designs to the front and sell as mine? How can I add my on designer "tag" logo without making the shirts myself. Yes. The only potential issue (which is a non-issue) is trademark infringement. Trademark infringement occurs when you release a product using someone else's mark, and there is a likelihood of confusion. Here, you are removing all identifying information and altering the product to be sold in a different market. Thus, no chance of a likelihood of confusion.

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Is it lawful for a texas police officer in uniform to refuse to provide valid law enforcement credentials If the officer is in uniform, then his credentials are in plain sight. An officers badge is his credentials, which is why they have badges to begin with.

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What is self defense? It is an affirmative defense to a crime, usually battery or murder.

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Our bank accepted our late payment...mean while they had already begun repo proceedings unknown to us. Should they have taken our payment? We are now out 300.00 we could really use. We live in MT if that helps How are you out money? You owe the money and it will be credited as paid. Anything left over after the sale of the vehicle will be returned to you.

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I have replacement costs on my homeowners insurance. I lost 17 years of college textbooks at my storage unit due to bad weather. When I make my claim tomorrow, how do I put a value on the books? We always estimate $1000 a year per child. If you paid $1000 for textbooks 17 years ago, they are not going to be worth $1000 today. In fact, textbooks change as society advances, so the 17 year old textbooks are only probable worth the value of the paper used.

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The IRS on Friday froze my checking account without any notice. I have several checks written for rent, car, food, gas etc that will no doubt bounce. How can they just take everything without my knowledge? I have 3 kids, with 2 in college that I am suppor Are you suggesting that you did not know that you did not pay your taxes? If so, how would you not know that? If not, then you had notice.

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I'm 13.I'm a girl and I have a porn addiction and I went on this kids' porn website and said that they will contact me and come after me and they have information about me and now I'm very scared.Will they come after me,will I or my mom be charged for it? If you are in America, then a "kids' porn website" is illegal. Thus, I don't think the owner would expose himself to liability by reporting you or your mom for anything.

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Is it true that there is an organization that wants to remove all religious references from TV, including the reading of the Bible and to keep religious services off the TV media? Yes. There are many organizations that want this.

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Why do we kill people for killing people to show that killing is wrong? We don't. We have capital punishment to punish people for killing, and to deter people for killing, and to provide retribution for the crime.

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A friend of mine is bi-polar and walks a lot. She is routinely stopped by the police while walking and asked to submit to searches etc. They claim she is intoxicated due to some of the side effects of her medication. Is this police harassment? Is she routinely stopped by the same officers or different officers? And how is she acting? The answer to your question will depend on the answer to these questions. But in short, if she appears intoxicated, then it is probably not harassment. You can be a danger to society even when impaired on a legal substance.

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In Michigan (at will employment) does the employer have to pay a salaried employee for a full week if they are fired mid week? No. In fact, even if you are not fired and the employee just misses a few days of work, the employer only must pay for the days worked. However, the employer cannot deduct for partial days missed.

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Does grandparents have rights? Yes. All citizens have rights, including grandparents. Although, if you are asking about custody or visitation rights, the answer is NO. The Supreme Court has held that the right to raise our children without interference is a fundamental right protected by the Constitution. Thus, the only way the state can interfere with that right is by first showing that the parents are somehow unfit....

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Who can you go to when your boss at work and the boss above her is getting rid of people who are not in their click. Everything is out of control and i'm afaird of losing my job for I am no longer in their click help That depends on the organization of your company. I would go to the manager above your boss's boss. However, there is nothing illegal about firing someone who is "not in their click." Unless, of course, "not in their click" is based on some sort of protected class (e.g. same race or religion).

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If a person is sexually attracted to children, but never acts on their desires, is that person still a pedophile? Yes. "Pedophile" is not a legal conclusion. Rather, it is a psychological or sociological disorder.

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Have you ever accidentally stolen something from a store? Of course not. That is not possible. Larceny is the taking and carrying away the property of another with the INTENT to permanently deprive. This "intent" requirement is called the "mens rea" of the crime. Every crime (with a few minor exceptions) has two parts: an "actus reas" and a "mens rea." The actus reas is the prohibited act. The mens rea...

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If a product has been patented by a company for 5 years can an individual with an inventors notebook proving prior invention go about obtaining settlement or licensing fees from the company? No. Unless and until you get something patented, you have no exclusive rights to it whatsoever. Even though you may have invented something first, until you patent it, anybody else is free to invent the same thing. The purpose of patent law is to make new technology available to others. Thus, to gain patent protection, you must disclose the invention to the world.

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Im 20 and i was charged unfairly with a underage consumption not areested but issued a ticket. i was at a party nov.1 i was the only person of color there, the cops came. i was on the back porch and they told me to go in, they told us all to come upstairs Were you drinking? If so, how is that unfair?

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I try to buy copyright free picture from any website that sells pic for max $10. The picture are for commercial catalog covers and we will print them for more than 50,000 copies. What website that is good to buy this pic without any risk getting sued. You are going to have a tough time finding a site that will allow you to use an image for that many copies while only charging $10. In fact, many of the stock image sites charge more than that for images with no print distribution.

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Is it against the law to have to work saturdays and sundays in my full time job? No. It is certainly legal to work weekends. In fact, that is why stores are open on weekends (because employees are working).

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If a underage girl lies about her age to an adult and she has no proof of ID can the adult get dopped of the charges against them? even if the girl is in high school and tells the adult that is 20 at the time she will be 18 in a month? can she be tried? You don't say what you are being charged with, but I will assume statutory rape. If this is the case, then intent does not matter. Statutory rape is one of the few strict liability crimes. Thus, if she was under the age of consent, you have committed a crime.

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If you commit suicide and are pronounced dead, then they bring you back to life again, could you be tried for murder and condemned, if found guilty? No. Murder is the unlawful killing of ANOTHER human being with malice aforethought. Operative words being "another" and "killing." Since you survived, you were not killed. And in any event, you are not "another."

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Is it legal for an officer in New york to sit on private property and radar passing traffic without written permission from the land owner Yes. You do not need written permission to enter someone else's property.

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Can the company send you home if you refuse to let them search your car Yes. They can fire you as well for this. You do not have to let them search your car, but they don't have to let you keep your job.

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Does an armed security officer have the right to search a car on company property Read your employment contract or employment handbook. Many companies make you consent to searches as a condition of employment. Of course, if the security guard does search your car, there is not much you can do about it. Anything they find can still be used against you. You can sue for trespass, but you have no damages so the best you could hope for is nominal damages ($1). If you...

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My dad refuses to let me move with my mom. is that legal can he do that if im already 16? amd is it posible to get emancipated but not shut out the whole family? and will the judge even listen to me... and how much would it cost to talk to him? 1) If your dad has custody, then yes, he can tell you what to do. That is what being a custodial parent means. 2) In many states you can get emancipated (this varies by state), but you would have to be able to prove financial independence. If you need to live with mom, you are not financially independent. Whether or not your family will feel shutout depends on them. 3) If your mom...

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In legal terms what is a summary Judgement? It is a motion for a verdict when no issue of relevant fact exists. In such a case there is no use for a trial because trials are for determining disputed facts.

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Property owner next to me says he is tearing down my fence (with livestock behind it) on the 28th. He verbally agreed to this fence but now is black mailing me for easments. I have witness to his agreement but nothing in writing. Can I sue him for damages You could make out your prima facie case, but you will probably lose. Even if he did verbally agree, all that creates is a license to build a fence. A license can be revoked at anytime. Thus, unless you had an agreement that the fence would be permitted for a certain amount of time, you have no damages.

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Misdemeanor poss.of marajuana sentenced to 1 yr. sis(completed May 2008 and sealed) Arrest for poss. showing up on background to this day. How do I get this removed from background as this is keeping me unemployed.Arrest was in MO. Arrest records are generally never expunged. It is the conviction that is expunged.

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If a nurse asks you an enbarrassing question about your urine flow in front off office staff numerous times which whom you haven't met the previous office visit out in the waiting area could that be a patient confidentality violation? No. The nurse is not divulging anything, you are. Moreover, confidentiality does not prevent sharing the info with office staff.

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If a security company is responsible to patrol a site but a burglary happened anyway, can I file a claim against that security company? Thanks for the advice. Probably not. First, you would need to prove that they did something wrong. A security company does not guarantee that you wont be burglarized. Second, you would need to show that the security company had a duty to protect your home. If you hired the security company, that would be the case. However, if it was hired by anybody else, you likely lack standing to sue.

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Can I sue my work place for negligence on bad air flow? I work at a small parts shop who use amonnia in there furnace for there parts which has been leaking for some time with no solution to fixing the problem,last week 10-24-08 I was struck suddenly with If you were actually harmed by it, then sure.

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I am working on a website which has a page of links to stories... I am wondering how I might go about writing on it that all the stories linked are copyrighted by their owners and I am claiming no ownership of the material... Anyone have any ideas? The fact that you are linking to the stories pretty much takes care of that. However, you can simply use the language you already wrote (e.g. "linked stories are copyrighted by their respective owners.").

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What type of work do prisoners normally have to do in prison? Do you have to work and what rights do you have about getting paid, making sure it's safe etc? It varies. Anything from janitorial and yard work, to making electronic components, to working in a call center. Most prisons pay you something (usually $0.03 to $0.15 per hour), however, the law does not require you to be paid.

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Are you still allowed smoke in prison? I know it was banned in the jail I was in but am hoping it's different in prison It is banned in federal prison. It varies in the states.

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...continued, Sprint does not pay for an employees lunch therefore they are making employees stand for eight hours. This was not how we were hired and the only way out is a note from the Dr. every 30 days. Please help we feel mistreated. Most companies don't pay for their employee's lunches. And most retail companies require employees to stand. If you do not like this type of work, i would suggest getting out of retail sales.

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My roommate and I have a lease from 08/08 to 08/09. She moved her cousin in. She won't pay bills on time.She has too many diff ppl over. When she is home she invites people over who deal drugs, have guns on our counter. Can I be sued for breaking lease? Yes. The landlord can go after anyone on the lease for the total rent due.

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Does a teacher in a middle school have the right to give a graded test to a random student to "hold onto" until the child to whom the test belongs returns from being out sick? Is there some privacy law with regard to this? Yes. Your question mentions "child to whom the test belongs" to, however, your child does not own the test. The test is the property of either the school or the teacher. There is a potential copyright issue here. Your son does own the copyright to his own work. Thus, it may be a violation of his property interest to reuse his words (although, much use in an educational...

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Any other straight folk pissed about the gay marriage vote turnout? I don't necessarily agree it should be a constitutional amendment, but the result is correct. My issue with gay marriage has nothing to do with religion. In fact, I think marriage should have never become a legal word. Instead, I thing all couples should have to apply for a domestic partnership license, and whether or not you get "married" is up to your religion. However,...

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What is meant by an Attorney-General's Reference? One of the primary duties of the attorney-general is to advise on the law. Thus, AG's write opinion letters informing public officials and the public what a specific law requires. A reference is just a cite to one of these opinion letters.

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Are you able to have a covered drainage system in a residental area? I have a 7ft deep 4ft wide ditch in my backyard that construction company claim must be designed that way due to state law. He claim it is illegal put a close drain in a residential area This varies based on local municipal law. The Construction company has no reason to lie to you, so it is probably true. However, there is no way of knowing with out going checking with the city planning office in your city.

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Is it illegal to use a friends address in order to transfer schools out of district? Yes, it is called fraud.

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If you have not been served do you have to appear in court No. And if you do show up then you waived service, and thus, you do not need to be served.

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Hi i have been falsely accused of stealing from a former employer, which lead to my arrest the police were satisfied there was no evidence against me and there is no evidence money is missing. i want to know where i stand with my rights? please help Your question is leaving out pertinent facts (some of which you just may not be aware of). First, the police need probable cause to arrest you. Thus, there had to be some evidence that you stole the money. Otherwise you would not have been arrested. Second, how do you know you were falsely accused (as opposed to wrongly accused)? A false accusation requires malicious intent on the...

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My hair on my arms are little long and dark. My fiancee is always saying that women should shave their arms like they shave everywhere else. Every woman that he knows does this. Im scared to do it cuz I don't want my arms more hairy. What should I do? First, you do not have to worry about getting "more hairy" by shaving. Your hair will not grow an differently after you shave then before. Second, it is up to you if you want to shave the hair. If shaving my arms made my significant other happier, I would probably do it. It is not an out of the ordinary thing to do, and if you do not like it, all would be back to normal in a...

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Has anyone heard if Amendment 2 banning gay marriage in California passed? With so many Democrats in office, will chances be in each state & eventually Federally, it will be legal? Lets hope Obama will do SOMETHING This is not meant to be offensive, so if it is, I apologize. But your questions epitomizes what is wrong with American politics today. You write: "Lets hope Obama will do SOMETHING." What could Obama do. Nothing! First, the president has NO law making authority. Second, even if he did, the Constitution does not give the federal government any authority to regulate marriage. ...

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America is supposed to be a great melting pot for all types of people... why are we trying to exclude so many? Who are we trying to exclude? The United States accepts more legal immigrants as permanent residents than any other country in the world.

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At age 18, I can be tried as an adult, buy tobaco, buy lottery tickets, change your name, get your own insurance, sign yourself out of school, start a 401k plan, and die for your country, yet you can't drink? Why is this? Do you think this is fair? Why? Because alcohol related accidents caused by 18-21 years olds is 9 times higher than the 21-24 year old range, and 13 times higher than the 25-29 year old range.

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NOT A RACIST QUESTION: How come when a lot of people have Mexicans do there yards, or business's hire them for that kind of work, they always do better than normal caucasian people? I mean, there's really not that much if any grass in Mexico. It's odd. First, how did you come up with this conclusion? Have you done any sort of study to each this conclusion. Second, if you did do such a study, did you look at anything other than race? For example, the legal worker/company has to pay for: 1) income taxes, 2) a livable wage, 3) workers comp insurance, 4) disability insurance, and 5) business insurance. Thus, the homeowner who spends $200...

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If an employee has Mersa(superbug) & he contaminates other employees by touching mutually handled objects, what is the course of legal action can the contaminated employees can take? First, you need to go see a doctor. Second, you did not indicate who you want to sue, or what illegal or tortious act was committed. This info is needed before your question can be answered.

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WOULD A PERSON WHO SPENDS 30 DAYS IN JAIL FOR A DWI BE GUILTY OF A MISDEMEANOR OR FELONY It could be either. A misdemeanor is a crime punishable up to 6 months or a year (depending on jurisdiction). However, that does not mean you must be punished by that amount.

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I recently went for a job interview and my present employer is now asking me for the date i attended this interview have they the right to this information? i had given permission for the interviewer to get intouch with my present employer for a reference You are not obligated to tell him, but if you want him to give you a good reference, it would be in your best interest to do so.

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Can your employer terminate you for not working overtime? In most states, YES.

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I bought a new car but I am not satisfied with the term of the contract. I want to get my old car back but the dealer is claiming that they used my down payment to re-condition my trade-in and do not have to return the down payment to me, is this legal? Yes it is legal. You want to breach the contract. You should be lucky they are letting you out with only the loss of your deposit. They could hold you to the sale.

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I would like to sell the rights to a company for the use of my product in their product Okay, then do it.

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Can i sue a food company if there was a piece of plastic that looked like the same plastic used for the packaging if i almost choked on it In order to answer this question more info is needed. For starters: 1) What is your measure of damages? Almost choking is not harm, so what did your hospital bills cost? What permanent damages did you suffer? 2)Why did you not notice the plastic?

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What can i do if a customer broke their contract and refuses to open the door so the merchandise can be picked up for nonpayment. Some one told me I can report it stolen since they refuse to give it back and are not paying onit. What can I do. First, the items are not stolen. Theft is the trespassery taking and carrying away of the property of another. This was not trespassery. This taking was not trespassery, and therefore it is not theft. This is only a crime if they never had the intention to pay, and then it is simply fraud. If you have a lien on the item, then you can take reasonable means to recover the item in most...

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Can a homebuilder sell a piece of property without disclosing that the property contains forest preservation easements? This is really not possible. In order for you to be bound by an easement, you must first have notice of it. This is usually achieved by it being recorded. Thus, you either had record notice of it because it was recored, or actual notice because you were told about, or there is no easement because you lacked notice.

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Can a former employer share personal information with other employees about the reason for leaving the company. The info shared was not true and it involved the employees children and their medical status. Yes. If you do not want this information shared, you should avoid disclosing it. Note: This answer is simply a legal answer. Morally, an employer should refrain from sharing this info. But considering this is the legal section of AB, the legal answer seems most appropriate.

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Is it against the law for someone who puts your name on the internet without your consent No.

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My first day that I've moved into my apartment, I noticed roaches crawling everywhere at night. I don't want to live here anymore. Can I break the lease without any problems? No. Or at least, not yet. You cannot break a lease before giving the landlord the opportunity to remedy the problem. Even then, many states still do not allow you to break the lease. Rather, they only allow you to reduce your rent payment and pay for an exterminator yourself, or simply to withhold rent until the problem is fixed.

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Can a life insurance policy be contested when there is one benficiary? Contested by who? A life insurance policy is a contract. Thus, the only people who have standing to dispute it are: 1) the owner, or 2) the beneficiary.

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I have just been declared bankrupt. what happens to my guarantor on one of my loans? The bank now goes after the guarantor for repayment.

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My dog got into a fight at a dog halloween costume party. He had been there for hours and another male dog joined the party. The two dogs fought and mine injured the other. both dogs were inside the house and off the leash. Am I liable. JP's answer is actually right in this issue, except his measure of damages. Many states impose strict liability on harm done by animals, other use just a negligence theory. But in either case, based on the facts provided, you would both be equally liable. However, that does not mean that you each just pay for your dogs harm. Rather, you each pay for half of the other dogs harm. ...

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What is the difference between decriminalization and legalization? A crime is something that permits the state to take away your liberty (i.e. put you in jail). There are many things that are illegal, which means you can be sued or fined for, but not criminal, which means you cannot go to jail. Of course, I am curious why you are asking. If you are asking about San Francisco's proposition to "decriminalize" prostitution, then you should...

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Yes can i be fired with no evidence pending me guilty and without a reason other than i think you are the type that would do it? In 44 states, YES.

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I have a friend in jail right now he get ssi checks he wrote me letter saying i have permisson to cash his check intill he gets out of prison. so i can sign them and deposit into my account There are two problems with this. First, it is forgery to sign his name, which could get you prosecuted. Second, your friend is not eligible for SSI while he is in jail. If SSA realizes tis error at any time in the future, you are liable for every dollar that was deposited into your account.

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My sister has a "judgement" against her. She was never served and did not attend any court proceedings. Now the person given the judgement is dead. If a family member decides to pursue getting this judgement (if they can?). Can my sister just fight tl Your question was cut off, but if I assume what it is, the answer is maybe. You can collaterally attack a judgment if the defendant was never properly served. However, you have several problems. First, there is a short time limit for this from the point that the judgment is discovered. Second, the defendant is now deceased, so how are you going to prove improper service?

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Can a sex offender go in a school to vote Yes. It should be noted that most sex offenders are not pedophiles. Also, sex offenders are not banned from schools or play grounds. Rather, they are only banned from living near them. Moreover, voting is a fundamental constitutional right. On the other hand, most sex offenders are felons who do have lost their voting privileges. But those who still retain the right to vote can go...

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What steps must one take to stop the siezure of a vehicle that was borrowed. The driver did not own the vehicle that was used in the crime. There is nothing you can do. The vehicle is evidence in the crime.

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What is the Legal way to establish a Homeowners Association? An HOA is nothing more than a restrictive covenant on land. They are most often created by a developer when they own the land, which means each buyer is bound by the covenant (which is recorded with the county recorder). You can certainly create an HOA at a later time, but to do so, each property owner would have to agree to the restrictions and have them recorded. This is usually...

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Do you think that it's important for a neighborhood to have a homeowners association? Why or why not? It depends on your personal needs. I have found that most people who own property with an HOA have some complaints about the HOA being too restrictive. However, most people who do not live within an HOA (and do not have Acre+ properties), have complaints about a neighbors house that is causing an eye sore, or a loss in property value.

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How on earth are police good for the economy? It all comes down to John Locke's social contract theory, which counteracts Herbert Spencer's "survival of the fittest theory." Police create a balance of power between the strong and the weak. If we did not have this, then the weak would simply become slaves to those who are stronger. For example, if you own property, you have the power to prevent people from...

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Can a consumer cancel an agreement of proposal for work to be done on a roof in the state of TX? Yes, if there is a cancellation clause in the contract.

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If my ex had me arrested under false charges and i spent two days in jail, and at the trial the D.A droped all charges. Is there any thing i can get her on? If you can prove that the charges were false, you could try to convince the DA to press charges.

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If you have no water in your place of employment, because of a water main break, how long does your company have to stay open and can they continue business? They have give us an option of using the bldg. next door (which is about a 5 The don't have to stay open at all, but they can so long as the place is still safe to inhabit.

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Is it legal in GA to point out to other vehicle owners where police is hiding to give traffic violation tickets? By using the poster sign (Like: Slow down, Police ahead) and stand at the road side. Yes, so long as you are standing someplace where you have a legal authority to stand or posting someplace that it is legal to post.

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It can take up to 35 years for a permanent residence visa to go through the system. Does this change your mind about illegal immigration? How is a starving family to wait 35 years? Isn't this a sign of unfair due process and bias in the legal system? The problem is that you are under the mistaken belief that you have an absolute right to get a visa. if you are starving, then you should petition your government, or get a job, or plant a garden. It is not the responsibility of America to provide every starving foreign citizen a visa and food. Moreover, America could not sustain all those people even if it was inclined to do so.

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HOW LONG DOES IT TAKE FOR AN EVICTION TO SHOW UP ON YOUR RECORD? That depends on what record you are talking about. As soon as the verdict is on, there is a record of your eviction. But that does not necessarily mean that it will show up on a background check.

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Why doesn't Obama just produce his real birth certificate so the rumors will die? In an objection to the other answers, this is a very valid question. Obama has been ordered by a district court to provide proof of a live birth in America, and proof he took the oath and affirmation of loyalty due to his previous citizenship. Yet, he continues to refuse to do so. I am inclined to believe that Obama is a natural born citizen. However, why won't he provide these...

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If a person tells you that they intend to commit a crime, what are your obligations to try and stop it? In America, you have NO legal obligation to report a crime (see exception below). And doing so WILL NOT make you an accomplice. However, if a cop asks about the crime, you cannot lie. Helping someone cover up a crime makes you an "accomplice after the fact." But you do have the right to no say anything. The exception: There us ONLY ONE exception to this rule. The law does...

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Legal question: My 10yr old son was involved in an accident, and the insurance company for the person who hit my son now wants me to sign a release and they will give me $1500 for my troubles. My question continues below That is exactly what it means. If your son has not suffered any injuries, that is a good deal. If there is a chance that he will have future problems, you should consult a doctor.

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My daughter 15 was caught shoplifting @ Kmart Exchanged waxing stics from 2 different pkgs. Did purchase most expensive, released to her sister. Have rec letter from law firm in FL wanting $350 Do we need to pay or is this a scare tactic? First time Scare tactic? No. This is called a settlement offer. You certainly are not legally obligated to pay, but if you don't, the store will likely sue. If this happens, you will likely be forced to pay more than $350, plus have to pay attorney fees as well. In order to sue, you must first make a demand for payment. The courts require this because they do not want to waste resources...

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My partner was sacked from work (retailer) for giving a relative a discount card, During her first meeting she was suspended pending investigation. When she was first suspended she was told she can finish her shift, is this allowed? Of course it is allowed. Unless you have a contract that says otherwise. However, even if you do why would you want to insist on not working?

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Can going the extra mile for all customers put you out of business ? Do any of you believe they are special cases for the extra mile? Most times is it best to do minimum for customers as long as they are happy? Is the extra mile earned not given? The important thing to know is that there is a cost to everything. If you try to go the extra mile without working the cost into your revenue stream, then yes, you will go out of business. There are certainly times when you will need to do something extra to avoid a loss. For example, something that would give bad publicity. In fact, think of it this way. The Ritz Carlton hotel is...

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Can anyone help me explain what is really Proposition 7 [for the state of california]???...I have my voters ballot with me and i've research this prop, and i cant quite understand what it is?? Help, Please? In short, Proposition 7, would require California utilities to procure half of their power from renewable resources by 2025, and 40% by 2020. What this means is that your power company would be legally mandated to decrease the use of oil, coal, and nuclear consumption in exchange for solar, wind, etc. The net effect of this proposition, if passed, would be to increase taxes and energy...

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Is there any other constitiutional conventions or prerogative powers that should be codified? Other than what?

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Can a 401k be left to an estate? Is the estate a legitimate beneficiary? Yes.

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If an off duty employee sends another off duty employee a e-mail that that employee finds offensive can the employer take action against the person who sent it. It did not happen on company property nor of company time. In most jurisdiction, yes.

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My husband is a self employed subcontractor in WI can the contractor force him to carry WC? He also gives a 1099 to my son and another person for helping him on jobs (non-employees) The contractor can't force your husband to do anything, but he can refuse to hire him if he does not have WC insurance. If something happens, the Contractor dos not want to be liable.

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Is wearing a black hat that says "POLICE" impersonating an officer? That alone, no. But if you act like an officer while wearing the hat, it could be.

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I purchased a 2004 Chevrolet Aveo LS. The car broke down less than 24 hours after purchase. The car was purchased "as is." But according to GM since it is one of their vehicles, it should have been inspected. But it wasn't. Help? If the car was purchased "as is," and without a warranty, then you have no legal recourse. Be nice to the dealership and hope they help you out.

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I purchased a 2004 Chevrolet Aveo LS. The car broke down less than 24 hours after purchase. The dealership replaced the cylinder head, but now they are saying that I need an engine. What legal rights do I have? This depends. Did you buy the car with a warranty? A used car sale is generally "as is." In some states a dealership is required to give a warranty, in which case you are entitled to get the car repaired under the warranty.

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Is it really illegal to let an American flag touch the ground? No. At one point it was, but all such laws have been overruled by the Supreme Court on 1st Amendment grounds.

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Was recently charged with a bunch of felonys and misdemoner and iam a first time offender i have never been trouble before and im being charged as not comminting the crime but just knowing about it and the judge set my bail at 30,000 is that to high First, it is not a crime to "know about a crime." So your assessment of your case is wrong. Second, whether or not it is to high depends on the crime you are being charged with. The fact that you were charged with "a bunch of felonies and misdemeanor" indicates that it is probably relatively low.

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Was recently charged with a bunch of felonys and misdemoner and iam a first time offender i have never been trouble before and im being charged as not comminting the crime but just knowing about it and the judge set my bail at 30,000 is that It is not a crime to "know about a crime." You are being charged because: 1) you were an accomplice to the crime, or 2) you were part of a conspiracy to commit the crime. What was your actual involvement?

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Can a neighbor cut the wires that I have attached to an existing fence for a cross fence? Can I trim limbs that are overhanging or sticking through the fence? If the fence belongs to your neighbor, then you have no right to attach anything to it. Yes, you can trim overhanging limbs.

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Does one sided contract even if i confirmed it, binds There is no such thing as a one-sided contract. In the law we call that an illusory contract or a gift, which is really no contract at all.

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Michigan legal age for a child to determine which parent they want to live with? 18, of course, you are not technically a child anymore.

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Can a ununiformed cop arrest someone for dui? Yes. A cop is always cop and has the authority to arrest in his or her jurisdiction. And FYI: it is not a citizens arrest just because the cop was off duty or not in uniform.

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If i'm getting stopped by a cop and i get out of my car and lock it can they open my car and search it? If the cop has probable cause to believe evidence of a crime is within, then yes. Otherwise no.

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Can a cop park in a drive way of a bank owned home to catch people speeding? Isn't it trespassing? Yes, if the cop does not have permission. Of course, most banks wouldn't mind because it is free security for an abandoned house.

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How can grandparents in kansas get legal custody of their grandchild? The first step is the parents need to be adjudicated "unfit." The Supreme Court as held that it is a constitutional right of a parent to control the upbringing of their child. This right can only be overcome if a parent is unfit to parent. Being "unfit" is a difficult measure. For example, if you are homeless, living in your car, and only feeding your child fast food...

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Does your state/country have a law against cyber harassment? If your answer is no, do you think such a law should be passed? Why or why not? I do not know off the top of my head, but I certainly think any such law would be unconstitutional in America. The Megan Meier story is certainly unfortunate, but the blame should be on Megan Meier's parents. The term "cyber harrassment" is an oxymoron. Computers are private devices completely at the control of the user. If you do not want to deal with someone, then simply...

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I am in a band and we want to use photo's from previous wars, natural disasters and famous leaders as a backdrop. How do we get permission to use the any of the thousands of photos on the internet, and do we need it? If the pictures you want to use are not in the public domain, then you need permission. If they pictures were taken by the government (which much war footage prior to the first gulf war was), then it is public domain. You may want to check out a stock photo retailer (e.g. iStockPhoto.com, Rubberball.com, GettyImages.com, etc.)

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What does one learn from a class in constitutional law? Are you referring to a law school class, or an undergraduate class? If you are referring to a law school class, then you will study case precedent. If you are talking about an undergraduate class, you will be giving mostly propaganda about what your professor thinks the Constitution should mean.

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What happens if you are pulled over and your registration is planned non-operation? Then you are driving an unregistered vehicle. In almost all jurisdictions you will get your car towed. In many jurisdiction you will be arrested.

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My boyfriend is charged with two counts second degree murder and was just a passenger of a vechile that ran 2 people over if charged how long can he get and what can be done to get him out of this he already has a attorney. You are leaving out a pertinent part of the facts. It is not a crime to be a passenger in a vehicle. Thus, if he is being charged, he either participated in the homicide in some way, or he participated in another crime which resulted in the deaths. Please provide the complete details.

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Is it legal for my company to force me to put the company logo on my uniform at my own cost? It depends on what jurisdiction you live in. Some jurisdictions prohibit employers from charging employees for work uniforms and equipment. In such a jurisdiction, NO. Otherwise, YES. Of course, they cannot "force" you to do anything. Employment is voluntary.

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I am contracted as a nigtshift supervisor and have been informed that i will have to go dayshift for 5 or 6 months. can the complany take my shift allowance away for this time or do they have to leave me with my shift premium? This depends on why you are getting a shift premium. If you have a union contract, then whatever that contract says governs. Similarly, if you have an employment contract, then that governs. If your jurisdiction has a law pertaining to shift premiums, then that governs. If you have none of the above, your employer can do what it wants. Your question says you are "contracted,"...

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This doesn't involve Police or EMT's. My husband was involved in an altercation that left him with a broken nose. My question is: What laws if any are there pertaining to people or persons that refused to help him when he was clearly in trouble. The law in America is that you have no general duty to assist another. Even if you are a doctor, you are not required to assist (while outside of the hospital). The only time a person has an affirmative duty to help is 1) when they are charged with a duty under their profession, and they are on duty, or 2) if you have a special relationship with the injured party (e.g., spouse, parent, etc).

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Can I sue my Boss if they take me aside into their office & are verbally abusive/threaten me if I tell anyone what he said? Two questions? What is your measure of damages? And what did your boss do that is illegal?

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Where I live, you must have working smoke detectors in your house. The fire dept. does spot checks by coming to people's houses. Do I legally have the right to refuse them entry? If you live in America, then yes.

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Can i hunt with a shotgun for waterfowl in kansas after a felony conviction? No. A shotgun is a firearm. Felons cannot posses a firearm.

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Are court-appointed attorneys picked because they are the “worst” in different lawyering capacities, and are therefore least likely to win? Not necessarily. Most court appointed attorneys are from the public defenders office, which is mostly staffed with recent law school grads. This is a good route for new attorneys because you quickly get litigation experience. Most of them leave after working a few years and learning the ropes. Of course, there are also some public defenders that never leave the public defenders office...

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At what age in Texas can a male child decide he is not moving with his family? I have a 16 YO son who will be 17 on 10/19/08 and he says he's staying here because he will be a legal adult in Texas. Is this true? Any Ideas? There is no state with an age of majority below 18, and a few states with an age of majority of 19-21. Your son is not an adult until age 18. The only way around this is for him to become emancipated. Emancipation is a legal process in which a minor gets permission from a court to be treated as an adult. In order for this to occur, all states that allow it require that the minor show...

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Offered and accepted a position with a company which included relocation and bonus. Offer letter stated that if I quit prior to one year, I had to pay it back. 6 weeks later I was told the program and my position were invalid. What are my options? If this was the full extent of the contact then you would be entitled to the bonus and possibly relocation (if you still wanted to relocate). Thus, I would request that the employer pay the bonus.

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In most cases, do you still have to pay a termination fee when you have to bring back your leased car too early, if you can prove that you are moving internationally? Yes, unless you had a provision placed in your lease that creates and exception for moving out of the country. Although, I am not sure any dealer would agree to such a provision.

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I was tricked into signing an agreement ,by my sister , that resulted in my receiving 5000 dollars out of 150,000 instead of the 1/4 share i was supposed to receive. what are my chances of getting my fair share? This depends. How were you tricked, and what are the terms of the agreement you signed?

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What is the statue of limitaion on house(property) in maryland? How does this work when it comes to surrendering interest in property? I know it varys probably state to state? Is this correct? Your question makes no sense. A statute if limitation is the time in which a person has to file a lawsuit. A house cannot file a lawsuit, nor is it a cause of action.

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I was offered and accepted a position with a company which included relocation and bonus. Six weeks later a new director was hired and I was told that the program and my position were invalid. What are my options? This depends. Did you sign an employment contract?

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Why is there such a thing as a no cause eviction? There's ALWAYS a cause, why not spell it out for people? It seems like this is a good way to hide the REAL reason, which might not be so legit. Because we are a free society that believes in freedom of contract. What you find to be "not legit," may be perfectly legit.

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Does an employer have to tell you they are doing drug testing before you are hired? No. However, you must consent to the drug test. If you don't, all they can do is fire you.

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Can my employer hold my last check until I turn in my computer and phone? I quit my job but plan on returning in January. First, what makes you think your employer will take you back in January? But the answer is no. States do not allow employers to resort to self help. Your employer would have to sue you for the value of the computer and phone.

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As a bail agent, do I have the right to go pick them up if I believe they are a flight risk? No. You cannot pick the person up until after they did something wrong (i.e. miss a court date).

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Is there a website that rates lawyers on how useless or useful they are, their legal battle win/loss tallies, and other statistics that determine how good those lawyers are? The best site for this would be Martindale-Hubbell. However, win/loss is a horrible way to rate an attorney. This is because their are some lawyers that only take sure thing cases. There are many clients who want to sue on principle, even though all the case law is against them. There are some people who want to sue to get a law changed, which has a low chance of success. There are some...

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If a 16 year old got pregnant by a 19 year old but the parents didnt care could the 19 year old still get in trouble? This depends. First, what is the age of consent in your jurisdiction. Most jurisdictions permit a 16 year old to consent to sex with a 19 year old, so if you live in such a jurisdiction the answer is no. If you live in a jurisdiction in which a 16 year old cannot consent to sex, then the 19 year old should get in trouble. It does not matter what your parents think. If your parents are...

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How much should a person asks for for in personal injurys after a motorcycle accident that is not your fault? Whatever your actual damages are.

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Is there any way to get out of my year apartment lease if I'm in the military and my new orders ship me across the country? Only if such a provision was placed in your lease. Of course, you can always negotiate with your landlord.

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If a officer commits purgery in a court of law in order to make some tickets stick.Is that a violation of that person's constitutional rifgts? No. It is certainly illegal for the officer, or anyone for that matter. However, it is not a violation of your constitutional rights. You still had due process.

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Can you put a lein on someones house before you sue them? If you mean to guarantee the judgment, then no. If you are likely to win on the merits and have evidence to believe that the defendant will sell the property to avoid payment, you can get an injunction preventing the defendant from selling the property.

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I filed modification papers for custody and mailed it certified mail. the dad refused it. do i have to now pay a server to serve him or just go to court on my scheduled dated and show he refused? This depends on what jurisdiction you are in. If your jurisdiction allows service by certified mail, then you don't have to do anything more. If not, you need to have him served pursuant to your local rules.

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Whose liability is it if a cabbie grazes another cab? The hit cab was parked and passenger was getting out from the left side at a red light. There was no damage to either cab except a few scratches. Does the passenger have liability? Your facts do not make sense. How is it possible that the cab was parked and at a red light? And yes, the passenger could be liable if his actions were negligent. More facts are needed to determine that though.

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MY HOUSE WAS RAIDED BY THE DRUG TASK FORCE MYSELF AND 3 OTHERS WERE ARRESTED TAKEN TO JAIL BOOKED IN AND RELEASED ON A PR BOND SIGNED 4 SHEETS OF PAPER 1) BELONGS CHECKED IN 2) BELONGS CHECKED OUT 3) MEDICIAL FORM 4) CHARGES THE JAIL REFUSES TO GIVE ME Do you have a question?

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After being arrested how long does da have to press charges A DA dos not press charges. The DA files charges. And the charges will be filed before you are arrested, or immediately after. You will be informed of the charges at the arraignment which will happen within 48 hours (or 92 hours if there is good cause for it).

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How can i find out if they have issued a warrant to tap my cell phone? You can break into the police station and look at the police file. Good luck with that!

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What justify's a guardian ad litem to be assigned to a custody case? There is one available, and the judge thinks it would be helpful.

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Is it legal to assign public parking spots at elementary schools to specific teacher and the principal? If the school is assigning spaces, that would make the spaces not public spaces. Moreover, it is the school's property. They can provide no spaces if they chose.

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Can someone get arrested or in trouble if they touch their own genitals in public? (Fully clothed from the outside of their jeans.) Or if they actually slide their hand down the front of their pants and just keep their hand down there. Yes, depending on the circumstances in which it is done.

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My girlfriend is pregnant and I don't want kids. I don't want to pay child support. What's the best way to not pay. Sorry dude, but that ship has failed. You should have worn a condom (or avoided having sex).

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I was caught shoplifting, filed through the police and store, ordered community service, which i did. After i did my service the store is now trying to sue me for a fine, which i never recived anything or was never told about. is there anything i can do? Yes, pay it. There are two different types of liability that you can face when you commit a crime. The first is criminal liability, which is there to punish. The second is civil liability, which is there to compensate the victim for the harm you caused.

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I have a phone contract that when it was done up they made a mistake and didn't use my legal name, do I still have to pay for it Yes.

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How can I report noncompliance with a Workers Comp Court Order to pay my medical expenses? Who do you want to report it to?

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My past Employer is screwing me. What can I do about it? What questions are potential employers legaly allowed to ask? How is your ex-employer screwing you?

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What are the chances of beating a dwi if the person was not in the vehicle and the vehicle was turned off? You left out many pertinent facts. Were you driving the car, and you were cited after you got out? Or were you never driving the car?

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I work at Sears Portrait. Can my conversations with customers be recorded without my knowing? Also, if I know, can they be recorded without the customer knowing? I am in PA. Your employer may tape you without you knowing. As for the customers, this is a little more tricky. PA requires that all parties have knowledge of the recording when there is an expectation of privacy. Generally, when you are in a business open to the public there is no expectation of privacy. However, giving the nature of your business, I could make some arguments that there is a n...

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Why do people even consider voting for Ob/sama? He's a muslim for our Lord's sake! He probably helped Al-Quida pick which plans to use for 9/11. McCain is a real American hero and Ob/sama is just a shady character who charmed his way up the ladder! I do not support Obama because of his socialistic policies, but why does it matter if he is a Muslim? You should learn something about the Muslim religion. It is actually a more peaceful religion than Christianity (and I say this as a Christian). Feel free to dislike Obama for his idiotic policies, but bigotry is counter productive.

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I was caught shoplifting the police was called, i was arrested pay the fine and i did the comunitary service my case is dismised now. But i receive a civil demand from the store, what happen if i don't pay that? The store will sue and win. You have already been adjudicated, or you admitted, guilt. That is definitive proof in a civil case that you are liable.

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My husband recently passed away and left quite a bit of credit card debt also. We own a house together. My husband have a life insurance policy through his job. But, the state we live have a probate court, will the insurance pay off the house and debts. How much are the debts, and how much is the policy worth?

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Found someone to take over my lease. Since others were interested, I asked she pay 1st months rent(to office)as a security to hold the apt. Now it's time to sign/move-in & she's backing out. She wants her money refunded. Is it within my right to say no? Yes. The money you collected in exchange for keeping the apartment available is an option contract. You fulfilled your end of that contract and are entitled to the money.

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I signed a new car contract for a new Toyota for 2.9% financing. The deal was not accepted by Toyota and now the dealership wants me to sign a new contrract for 5.75%. What are my rights? Your rights are written in the contract. Read it.

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UPS said they delivered a box to my front porch in August. I never got it. It was a medical device valued at $6700. Sender got their money back from UPS insurance. Should I file on my homeowners because it was evidently stolen from my porch? That would be fraud.

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My house was searched and the police found nothing they intended, but clearly found a few beers i had hidden in my dresser, but did not take them. Nothing resulted from this, is this because it is in my parents' house? The police could have charged you with an MIP, but they probably figured it was not worth bringing the charge.

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My mother deeded her house to myself and two brothers. One of my brothers died. He had no will or heirs. Before his estate was settled, my mother died. What happens to his share. Are there state tax implications in PA? Your question makes no sense. You claim your brother had no heirs, yet you also claim he had a mother and two brothers, which are heirs. The property will pass to whatever heirs were alive at the time of your brothers death.

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IS 1 IN 20000 DNA TEST ACCURATE ENOUGH Accurate enough for what? This would mean that 15,000 people in America would have matching DNA. That is relatively high.

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Can I be sued if someone uses my computer to perform nefarious deeds? Yes, but you can defend the case by pointing to the fact that you did not do the deed.

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When being evicted and the 3 day notice amount owed is wrong... do they need to re-serve a new one with the correct amount? I live in CA - they said I haven't paid rent in 6 months - I'm behind on 2.... what to do? What to do? Pay or quit! You will have an opportunity to contest the amount in court, but you can be evicted the same if you are behind by one day or one year.

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Can they repo you car for no insurance when you have proven you have your own insurance andthey want you to still pay for their insurance? What does your contract say?

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I've been turned into collectoins for back rent from 9 yrs ago. I wrote the landlord a cerified letter 7 yrs ago stating send me the balance within 30 days or I would assume the rent was payed in full. He sent a letter 1 yr. later. Do I have to pay? You may not be able to be sued due to the statute of limitations in your jurisdiction, but your letter has no affect on the outcome. You cannot unilaterally enter into a contract to waive someone else's rights.

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Are federally funded grants and subsidies unconstitutional? Not at all. In fact, the constitution specifically gives the congress the power. See Article I, Section 8, Clause 1 of the United States Constitution (Taxing and Spending Clause), which gives congress the power to tax and spend for the general welfare.

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Legal question: If I'm driving a car and I never got a license or even took the test, and I hit someone, can I be charged with a crime even though I never took a driver's test and therefore never signed up to obey the driving laws? You agree to obey the law by virtue of being present in the jurisdiction. So the answer is YES.

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Can A Spouse Be Forced To Give Up Or Share 401 In Divorce Settlement? This will vary by state, but yes. A 401K is funded with marital assets. Thus, half of all the money put in the 401k during marriage is your spouses money.

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If I assault someone and they're blind and there's no other witnesses around, can I be charged even though there's no witnesses? It would seem that there would have to be evidence that I did it to charge me with anything. There are two fallacies contained in your question: 1) You erroneously believe that a blind person cannot be a witness, and 2) You erroneously believe that a lack of a witness means a lack of evidence. There would have to be evidence, but blind men actually make great witnesses. A blind person often compensates for their blindness by having extra ability with their other senses....

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If I force a guy or girl to give me oral, that's only a sodomy charge, right? If so, are there any states where it's only a misdemeanor? Nope. It would only be sodomy (if the law is still on the books in your state) if the act was consensual. If not it would be sexual assault or rape, which is most often a felony. Of course, there would most likely be accompanying charges like assault or battery, which are usually also felonies.

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Do i own the Chicago property if i have in my posession the original deed stamped and signed and recorded in 1920 by Chicago title and trust company? If yes;then how do i claim it? Thanx & peace 2u & urs Possession of the deed does not give you possession of the property. What is recorded at the county recorders office?

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I was just notified that a pic of me was put on this site. i have never even heard of this site. please tell me how i find it and remove it. please First, you would have to know where the pic was placed in order to find it. Second, is this a pic you own, or a pic taken by someone else? If you do not own the pic, the owner has every right to post the pic.

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Can a lien be put on a residence that is in forecloser? Yes, but it would not do much good unless there is much more equity in the property than the loan being foreclosed upon.

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If someone buys a crp and that corp has an existing lease does that lease stay in effect? Of course. The corporation is a separate entity than its owners.

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How long does it take for a Sherrif to turn in a police report to the D.A? It is a domestic violence charge. I keep calling the D.A. daily and they have yet to recieve any report and no charges have been made. The arrest was a month ago. That is completely up to the sheriff. In fact, the sheriff is not even obligated to submit the charge to the DA. A sheriff will only submit a case to the DA when he believes he has the evidence to support the charge.

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I was recently fired from a preschool center. I found out a couple days after that the employer told one of the parents the reason they terminated me. I know that they can tell future employers if they want, but can they tell others like par Yes, unless you have a contract with them that keeps that information confidential.

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Why Jail provides free cigarettes to all inmates? What jail are you referring to? In federal prison smoking is outlawed, and you are disciplined if you somehow get your hands on cigarettes. And every prison I have ever heard of does not give free cigarettes. Prisons that have not banned smoking usually just sell cigarettes in the commissary.

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Do people serving prison sentences get to vote in Presidential Elections? Do you believe they should be able to? No. And they should not be permitted to. Why should a person be granted a right to engage in the law making process when they have demonstrated no respect for the law?

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Can i charge my nebour with invading my privicy if shes videotaping the front of my house without consent? You cannot charge your neighbor with anything. You can sue your neighbor, but you have no case here because you have no privacy rights with what you do in public.

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I'm active duty military and have received orders overseas. I want to sell my home, but have owned it for 10 months. Do I have to pay capital gains tax? I would talk to a JAG officer on this. There are many exemptions and exceptions for active duty military when it comes to taxes, contracts, and housing. I do not know if this is one them, but it certainly might be.

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Challenge: Name the Title and Section of the law in the CFR (Code of Federal Regulations) that makes the filing and paying of federal income taxes mandatory for nationals born in the 50 states of the union. Is this supposed to be a trick question, or are you just stupid? You will not find such a law in the CFR, because the CFR does not contain U.S. law. The CFR contains rules and regulations promulgated by U.S. agencies (which mostly have the force of law, but are not law. The law that mandates you pay taxes is 26 U.S.C. § 1. That is Title 26, Section 1 of the United States Code.

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If a man killed someone in you family and was found not guilty but later they found proof he did do it.All they could charge him with was perjury because of double jeopardy and all the jail time he gets is 5 years what would you do Just to add fuel to the fire: Chances are you will not even get the guy for perjury. He probably would not take the stand, which means he could not have lied. And pleading not guilty, even if you are guilty, is not perjury.

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I bought a condo which was listed wrong. it says it has a washer dryer hook up. it doesnt. it said there was hardwood floors under the carpet- there isnt! there was a water leak in the celing that was simply painted over. do i have a case Why were these things not discovered during the inspection or walk through?

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How come when I look in the mirror I find myself getting slight erections? I know Im disgracefully good looking but I never thought I was THAT good looking. Someone please help! Are you gay or bisexual?

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What does motion in limine mean? this was in reference to a pre- trial schedule. It stated that the motion be filed 15 days before trial .legal jargon i don"t understand. A motion inlimine is a motion you file with a court requesting that certain evidence be excluded at trial. It must be filed in advance to give the other side time to object to the motion, and so that a hearing can be held on the matter.

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At what age does the state of Missouri consider a minor an adult and would be able to move out on their own (leagally)? The technical answer is NEVER. A minor will never be considered an adult for purposes of moving out (although Missouri will try you for a crime as an adult at 17). This is because once you become an adult you are no longer a minor, and you are a minor until you are an adult. In Missouri the age of majority (i.e. age you become an adult) is 18. Until then you are under the control of...

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I just got married on july 26 2008 and i just found my husband has been texting another woman and doing good knows what else we live in maryland can i get an annullment or divorce. he swears that he will change but i dont trust him. what should i do? I am pretty sure that "my husband has been texting" is not grounds for annulment in any jurisdiction.

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Can you sue the mall management for allowing their tentants to sell knockoff handbags, wallet and sunglasses. They know they are selling them but are not doing anything about it and my business is hurting from that. I sell handbags as well but not knockof The only possible way you would have standing is if you entered the lease with the agreement that nobody would be selling knockoff bags, and if the management knew knockoff bags were being sold. The fact that you did not bring this to the management's attention probably ruined any case you possibly had. You also would have an issue with damages. How would you prove how much money you...

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How can I kick someone out of my house that does not pay rent, nor is on my mortgage but receives mail at my house in the state of illinois? Do you have a landlord/tenant relationship? If so, then evict. If not, lock them out.

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If you are fired for a particular reason at a retail store and initially, the corporate office called the wrong store and the termination's entire "story" leaked out...what is this considered? What do you mean? There is nothing illegal about this. Please clarify your question.

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My boyfrined has a law suit for prostate cancer and i will not be able to be compensated for pain and suffering because we live in pa and it is not a common law state since 2000 but we have been together since 1998 so what can i do about that. Even if you were married you would not be able to collect pain and suffering from a defendant who caused your husband to get cancer.

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Should there be a law passed where if someone uses the word "free" in an advertisement or a sales gimmick it should be free? Of course not. For example, the other day I bought "Fat Free Milk" with a coupon. Why should I get that item for free just because the word "free" was in the ad.

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IN legal terms , what is a pleading? Can this be broken down count by count of the opposing plantiff complaint. Also what is discovery? Almost all documents filed with the court are pleadings. The two basic pleadings are the complaint and the answer. You need to check your local rules for pleadings requirements because they vary state to state, and courthouse to courthouse. In most jurisdictions your answer must only confirm or deny the allegations in the complaint. For example, you could summit an answer that states...

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How to enforce workplace tattoo policy I am not sure I understand your question. Just tell everyone to follow the policy, and fire anyone who violates it.

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Do you think it's all right for a great teacher to get fired because they're gay? I personally do not care, and would not fire someone for being gay. However, I would defend a person legally who chose to (if the law permitted it). Being gay is not a protected class under federal law, and only a minority of states currently make it a protected class. Moreover, I always find it fascinating when people argue against one persons civil rights in change for what they...

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Why is it not possible to declare bankruptcy on student loans, even private ones? Because there is too high of an incentive to go to school, file bankruptcy, and then 7 years later be free and clear.

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After a power of attorney has been gotten, can someone else attempt to get another power of attorney and nullify the first power of attorney. This is in the state of PA. You can give POA to as many people as you want. One does not nullify another.

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My ex fiance moved out after I called it off. he took everyting but his tv. Now he wants it back after it has been in my house for 7 months. is it legally considered mine? No.

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I have been a homeowner for 12 years living on a private drive. Now it has been sold to a new owner. He keeps saying that he don't have to let us uses his road. Mine is locked between him and another lady on the corner. Can he do this? If you do not have an easement, then yes. Just because the previous owner permitted you to use the property does not necessarily mean the new owner must do so. If the previous owner did not give you permission to use his property, but you did so anyway, then you may be able to argue that you have an easement by prescription. However, expect a lengthy and expensive court battle if you want...

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In Oregon, how clean does the landlord have to make an apartment before someone moves in? Can the landlord leave the place totally smelling like smoke? The landlord only has a duty to make a place habitable. A place that smells like smoke is habitable.

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The dr. told me i could go back to work on light duty but my employer said i couldn't come back on light duty that they have no light duty also hr put me on fmla and said not back to work in 12 weeks loose job can they do that if i am on workers comp If your employer truly has no light duty work available, then yes.

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What legal action can we take against verbal abuse from a senior manager? You can quit. You can unionize and strike. You can report the abuse to hi supervisor and hope he or she takes action.

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Can a contract be changed once it has been signed and paid for? though the work has has not been performed. Not unilaterally, but if both parties agree, then sure.

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We were in a car wreck and are getting a settlemet. our laywer says that we HAVE to put the money for our kids (my step kids, who are 12 and 14) in a trust fund, said its the law in Oregon? Is this true? I can't find anything online that says anything If your kids are the ones that obtained the settlement, then it would be theft to spend the money yourself. This is the law in most, if not all states.

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When can a child choose his/her grandparents as full guardians? Never. A child never gets an absolute choice as to who has custody. Moreover, a grandparent cannot even get visitation without the parents first being deemed unfit.

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I just moved to California. I recently started a new job and was informed that my first paycheck would be held until I leave the company. Is this legal? common? Seems odd to me. What you describe is not legal, but I suspect you misunderstood. It is common for employers to delay a paycheck for up to two weeks. For example, you may get your first paycheck one week into your second pay period, your second paycheck one week into your third pay period, etc. The purpose of this is to give the employer time to compile your pay records and get the checks issued.

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Civil rights groups say that there are a disproportionate number of black namericans on death row. Could this be because maybe, just maybe, they for some reason are commiting a disproportionate amount of these crimes? There is no doubt that blacks commit a disproportionate amount of violent crime in America. However, you are doing a disservice if you end your analysis there. Your next question should be why? You will also notice that there are a disproportionate number of black Americans in gangs, and that a disproportionate amount of the violent crime in America is gang related. You will also notice...

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When fending off an unprovoked attack, do you belive that you have every right to use any means necessary (no rules) for self-defense? Of course not. If you hit me with a whiffle ball bat, I certainly should not have the right to shoot you.

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When a mother is non-catholic and the father is a catholic,and they have children out of wedlock,the mother does not wish to have the children baptised ,is the father allowed to go ahead and get them baptised without and against the mother`s wishes. The answer depends on who has legal custody.

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I own a boat with someone and want them to take full ownership or Me. How do I get it done through the court system. The person refuses to refiance on there own or allow me to do it. You cannot force them to buy you out, nor can you force them to sell. However, you can sell your interest to a third-party.

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What legally makes an unfit mother? An unfit mother is a mother who cannot provide the basic necessities that a child needs. What context are you asking? If you are simply asking about custody between parents, you should note that even if you are a fit parent, you could still lose custody if custody with the other parent is in the best interest of the child.

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My mom is threatning to evict me because she is in severe debt and wants to sell the home. The home is in her name but I have been making the payments and have never been late. There is no lease. Can she do this? State of TN Of course she can. If you have no lease and do not own the home, what makes you think you can avoid being kicked out? FYI: You do have a lease. Even though you do not have a written lease, the law imposes a month-to-month tenancy on your arrangement.

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In ohio, can a member of the community alter access on a private drive such as extremely high speed bumps, speed limit signs and gates without entire community approval? It depends on whether or not he owns the property or not.

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I currently live with my mother at her house. I signed a paper saying that she didnt have to give me a thirty day eviction notice. can she kick me out whenever she wants? This depends. Do you have a landlord/tenant arrangement, or are you simply a guest?

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What makes a fight not self defense? The fact that you are the aggressor and are not defending yourself. In many jurisdictions you have a duty to retreat (usually with exceptions for your own property). Thus, if you could have run away, and don't, that is not self defense in those jurisdictions. Also, you can only use reasonable and proportional force to defend yourself. For example, if you use lethal force, you...

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We have custody of my husbands 17 year old daughter and she will be 18 in 4 weeks she has moved out and now the mother is taking us to court to try to make us pay until she is 21 is that possible If you have custody why would you have to pay the mother? In many states a parent can be held to child support through college (if the child goes to college), but the support would not go to the other parent.

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If you report a potentially illegal website that you stumble across to the police and the police investigate, how are you personally safe from prosecution? (British answers not essential, but preferred) I only know a little bit of English law, but you are safe from prosecution because it is not illegal to stumble across a website. Although I suspect you are leaving out pertinent facts from your question.

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Traded a dirt bike for a laptop and signed as is. man wants to trade back saying there was more wrong then we told him. i told him everything i knew. can he sue me after signed the as is contract The answer depends on exactly what was said. If you made a specific representation about the quality of the good, that representation is a warranty.

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I was recently evicted and having problems finding an apartment. It was a legit eviction, and payment arrangements made. My BF and i want to get a place and places wont even let me stay with my BF, even if he is totally on the lease alone, is this legal? They can't forbid you from staying overnight as a guest, but they certainly can prohibit you from living in the unit.

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What advantages are associated most often with using alternative dispute resolution machanisms? Cost and time are the primary advantages.

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Hi. Anybody knows good professional experts website, I need some advices from lawyer, so I can ask him over the phone or online, thanks for answering Avvo.com is a good basic legal resource, but before you rely on any such source please read on. A lawyers job is to apply facts to law. However, with the exception of highly specialized fields, the most expensive part of legal advice is obtaining the facts and obtaining the law. When you ask for legal advice online, most of the time you will get inaccurate information. This is true for...

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Whats is the difference bewtween Esquire and J.D.? J.D. is simply a degree. It is no different than someone adding PHD or MBA to the end of their name. Esquire denotes someone with a license to practice law.

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Do Canadians have to follow the DMCA and other American copyright laws? In America, of course. In Canada, no. However, you must follow Canadian copyright law, and Canada is a party to the Berne Convention, which makes many of the Copyright laws identical between the countries.

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What percentage of jury awards or settlements do personal injury lawyers take to cover fees? First, you need to know that a lawyers fee is always negotiable. In fact, in CA, a lawyer that works n contingency must inform you of this in their retainer agreement. Second, the going rate is 30-40% if the case settles before trial, and up to 50% if the case goes to trial. Third, make sure you pay attention to when costs are deducted. For example, if you win $500k, the lawyers fee is...

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I need to know how long a landlord has to put an eviction notice on a door and also does the notice have to be served personally or can they just tape it to a door? Every state does vary on this, but most states DO NOT require personal service. In most states you may hand a notice in person, you may put it in a conspicuous area (e.g. it to the door or mailbox), or send it first class mail. The smart move is to send it so that you have proof of notice, but again that is usually not required. As for how long, this also depends on the state and why you...

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If I marry and my wife works will I have too pay more child support Maybe. It depends on your state and how much income you have. However, there is not a direct correlation so read my answer at the link below for details. http://www.answerbag.com/q_view/1023437

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When my fiance and I marry at the end of this year, can his ex request (per va guidelines) that my income be figured into her child support? I see nothing of it in the va state support guidelines, but I'm sure that doesn't mean it's not there! Yes, but not in the way you think (I presume). When the court determines child support it uses several factors to determine what you pay. The amount you pay in support is usually set by a schedule, but can be adjusted by the judge based on ability to pay. Thus, if your finance makes above the threshold set in the schedule, then your income will have no affect on his child support. ...

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Difference betwwen first degree murder and second degree murder There is not a uniform answer to this question because first degree murder did not exist at common law. Moreover, you did not provide what state you are in so we cannot give you the exact answer you seek. Generally, first degree murder is a second degree murder with some aggravating circumstance that is specifically proscribed by a statute. Again, this could vary by state, but common...

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If i am considered an adult legaly in missouri at the age of 17, can i get married at 17? This is an irrelevant question since the age of majority in Missouri is 18, thus you are not considered an adult at the age of 17. The answer would be yes if the Missouri ever changed the age of majority to 17. However, I would not hold you breath on this issue. The likelihood of Missouri changing the age of majority to 17 before your 18th birthday is about 0%.

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Is it legal for a parent receiving child support to willing cut back their hours at work in order to receive lower pay and get more child support? Child support is not based on the other parents income. If you were independently wealthy you would get the same child support as if you were making minimum wage.

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Who copyrighted the copyright symbol? The copyright symbol, like all typeface, does not qualify for copyright protection.

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I got hurt in a store that I was shopping at the other day and went to the hospital to be check out. and I have a contusion and bruise on my arm what should I do? Apply ice and give it time to heal.

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Can a Dog's previous owner legally get their dog back if they gave you the dog months ago? If you want to give it back you can. That is completely legal. However, you are not obligated to.

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If you are being sued for a loan your deceased brother-in law and twin-sister signed because you now own the land .is this legal?the house is on the property i own but i dont understand why they are suing me. Your question is unclear as to what capacity you are being sued in. You cannot be sued to answer for the debts of your brother-in-law if you did not co-sign on the loan. However, if you are the executer of the estate, you could be named in a lawsuit in that capacity. You would not have to pay the loan from your money, but the estate would. You could be sued personally if you were the...

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I am a full-time temp employee for a non-profit in Miami. I work 8:30-5:30, which includes one-hour lunch everyday, but I only get paid for 8 hours instead of 9. Am I getting ripped off? 8:30-5:30 is 9 hours. Subtract your one hour lunch break, and you have worked 8 hours. So you have worked 8 hours and are getting paid fro 8 hours. How could that be a ripoff?

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Can you be forced to stay married to a spouse who won't let go in the state of New York? They have no statute for unilateral no-fault divorce. Basically. However, you must remember that both parties have leverage in a marriage which can drive the other to divorce. If your spouse does not want to agree to a divorce, then cut off communications and start squandering money on useless trinkets. In short, give them an incentive to let go. Or move to another state where you can meet the residency requirement and file for divorce...

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In the state of California, what rights do Domestic Partners NOT have in comparison to Married Spouses? It seems like its pretty much the same. If you have links please let me know. Thank you. It is completely the same. The only difference comes when you are dealing with federal law or traveling to other states. Note: Heterosexual couples who are not retirement age cannot become domestic partners in California.

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When getting a divorce do you have to pay child support if both parents have an agreement A court only considers what the parties ask it to consider. Thus, if a parent does not ask the court to award child support, the court will not address it. However, if any parent later wants child support, any agreement to not pay would not be enforceable.

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Does indiana extradite on misdemeanor offences? Yes. It is not up to Indiana. Every state must give full faith and credit to any other state. Thus, if a state wants you to be tried, Indiana has no power to prevent this.

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Can a repossesion Co,open your garage & take your car Yes (assuming that there was a lien on the car and you defaulted on your loan). This is not trespassing because you have a legal right to use reasonable, non-lethal means to recover your property.

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Are shops legally obliged to sell to the customer (assuming no age laws are being broken)? Could a shopkeeper refuse a sale simply because he didn't like a customer? No, as a general matter a shop is not legally obligated to sell to anyone. However, a sale is nothing but a contract. A contract is created when someone makes an offer, and someone else accepts the offer. An advertisement is usually not an offer because it is not definite enough in its terms. But an advertisement or a store display could become an offer in certain circumstances, which...

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Why is it that in America, to sell and publish a photo of a stranger that is recognizable you need permission but celebrities have their photos published all the time? When negative photos of them are published, can't they sue for deformation? It's not. It is perfectly legal to sell and publish a picture of a celebrity or joe blow off the street. And I think you mean defamation (not deformation). You cannot sue for defamation because a picture generally depicts something that is true. Moreover, public figures (which includes celebrities) need to prove malice in order to win a defamation suit.

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If we wanted to offload our prisoners on a penal colony of another country, what country/ies would be most bribable and willing to let us open up a penal colony there? We should simply build a prison all along the U.S./Mexico Border. This will appease all those who want to build a giant fence, cut down on deportation costs for the 300,000 illegal immigrants in jail, and we can put prisoners to work spotting illegals sneaking through the desert. Actually, we should really construct an international penal colony on some deserted island. The prison will be...

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What does administrative law cover? Administrative law deals with agency authority to act. For example, how does the Federal Communications Commission (FCC) pass rules that have the affect of law when the Constitution vests legislative power in Congress? Similarly, how does the FCC adjudicate disputes when the judicial power was vested in the judicial branch in the Constitution? Agencies often do quasi-judicial and...

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Should lawyers focus on the letter of the law, or could the spirit of the law be more important? Both, sort of. When the letter of the law is clear, lawyers and judges go by the letter. It is the legislative branches job to make laws, lawyers and judges just adhere to the laws they make. When the letter of the law in ambiguous, lawyers and judges look to evidence of legislative intent. This is probably what you mean by "spirit of the law."

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Can a police officer pull you over because of the order your name appears on the registration (was told I appeared male, my fiance's name is firs on the registration), and because of my short hair cut? I drive a 2008 Dodge Avenger The officer must have had a reasonable suspicion to believe that a crime was committed. Being male or female is not a crime, so there must be more to this story.

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How can i battle my millionaire ex-inlaws for more visitation with my little girl they have custody of when i have no money?I only get to see her for 2 hours at their house everyother monday and its been like that for over three years! I feel helpless!! That depends on why were you deemed an unfit parent? And whether or not those circumstances have changed.

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Is it illegal for minor to go to an R movie if an adult over the age of 21 bought the ticket? There is no law that says a minor cannot go to an R rated movie. The ratings system is just a recommendation, which most theaters adhere to.

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In a child custody case, Can religious beliefs be used as leverage against the other party? Yes. The court needs to determine what is in the best interest of the child. If the father wants to raise the child as catholic, and the mother wants to raise the child as a wicaan, the court can factor in the beliefs of each faith.

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I was going to sell my car, the woman had it since July and was slow paying on it. Now she has all the money for it and wants the title, but now I dont want to sell it. If I return the $250.00 she has already payed on it, can I get my car back? That would be called a breach of contract, unless you could get the buyer to agree.

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What are statue of limitations on judgements in louisiana? Huh? A judgment means you already filed suit and won. So how could there be a statute of limitation?

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If one party won't sign the divorce papers how do u finalize a divorce? You go to court to resolve whatever is in dispute.

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I am listed as a secondary on a car loan, and the loan company won't even talk to me about the car. I don't want the car. I want to give it back to my soon to be ex husband. What do i do to get off of the loan? Pay it off or have your husband pay it off. Until that happens, it is not in the interest of the creditor to let you off the loan.

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Why is the Price not hitting Obama with the facts his past his firends and his racially dividing Former CHurch? Why are you so easily swayed? Because Obama keeps preaching change. Never mind that the President has no authority to implement 95% of the change he seeks, he must be able to do it if he had all those signs that say "change" made.

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What happends if you hide car from repo? Most of the time the repo agent still finds it, only the repo fees go up. Thus, you owe more money after the car is auctioned. Otherwise they sue you just like any other debt and garnish your wages, garnish your bank accounts, and put a lien on your property.

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In Florida, what will happen to me if I don't pay for the car and i don't give it back? Don't worry. The creditor will happily take the car from you, and then bill you for the repossession fees.

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My husband and I married 1991. Divorced 1997 and remarried 1998, few months after divorcing. He said he doesn't love me anymore,again.He said he's not cheated not have I. As a christian I refuse to sign.Can I win? Can you win what? What do you not want your husband to have?

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Does anyone think Obama is on a path to turn America into a socialist country? Take a look http://www.floppingaces.net/2008/10/05/obama-youth-brigades/ Of course he is. He has been a staunch supporter of socialism since his days at Columbia. Of course, the difference between Obama and the democratic party in general, is Obama actually believes in socialism. Democrats simply believe the government should control every part of your life, even though they don;t believe in the socialism philosophy.

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I was cuaght shoplifting, it was a complete misunderstanding, I have no record, I was arrested and given an apprearence ticket. Should I contact the owner of the store and ask him to drop charges? The owner of the store cannot drop the charges because the owner of the store is most likely not the one charging you.

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If I smoked marijuana the night before a drug test, will the testers be able to tell I smoked the night before as apposed to 2 days earlier? It depends on what test they do. Most employment drug tests will look for any THC. However, there is a more modern test that will decipher if you smoked in the last 24 hours. However, there still is no test to determine current marijuana impairment.

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If a person threw a stapler at someone, and a staple punctured an aneurysm in their head and they died...could the person be charged with murder? Yes, if the person had: 1) the intent to kill, 2) the intent to cause severe bodily harm, or 3) throwing the stapler was done during the commission of an inherently dangerous felony.

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Can i get paid for services that i did for ex mother inlaw Sure, if you had a contract allowing you to be paid.

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When someone is reassigned off a job for “not getting the ‘full grasp,’” what does that mean? Could anyone please clarify the term “not getting the ‘full grasp’” of a job? I think the employer is simply using that as a nice was to say you are incompetent and incapable of doing the job.

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My landlord is trying to charge me 2 months rent pentalty, keep my current months rent, ask me to move out within a week and keep my damage deposit because I broke the lease agreement and gave him my notice of termination of lease early. IS IT LEGAL? You seem to misunderstand what a lease is. You write: "That's not legal. It's not in our contract that if I break out lease I have to pay you ANY amount of money." Well, that is not in the contract because you are not allowed to breach a contract, and you do not know your damages until the contract is breached. It is true that a landlord cannot charge a penalty, but...

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Is it illegal in the state of Tennessee to dance (techno, rave, trance type) in public? Me and a few of my friends are going to be wearing masks and dancing around to techno music (from car and boom box), for a movie we're making. No, it is not illegal. Dancing is an expressive activity protected by the First Amendment.

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In Michigan, can I break my lease if there is a lack of safety/security? My apartment was robbed and I can not live there, I was thinking about taking legal action for the simple fact that i am terrified to live there anymore. Im only 18, idk what to do. The answer to your question depends on whether the safety issues were caused by your landlord.

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What is the rule for having multiple trademark names in your trademark? I see one that is "Relax Wear or RW or Just Relaxin' or JR". How can one person own four variations in one trademark? Your question demonstrates a fundamental misunderstanding of trademark law. A person does not own a trademark. A trademark does not give a monopolistic use of the mark. All trademark does is prevent others from using the mark in a confusingly similar manner.

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Why are public libraries allowed to loan DVDs and CDs? Because the law allows you to loan your property to others. This is no different from you loaning a DVD or a CD to a friend.

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I live in a condo complex; The man across from me has a camera in his upstairs window pointed down the drive where I and a few other single Ladies live. Is that legal? I was told that he should only be viewing his place. Is that spying? Is it spying? Sure. But that does not make it illegal. A person has the right to record where there is no expectation of privacy.

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I was recently charged with a marijuana misdemeanor. On both my ticket and my friend's the officer wrote 8:21PM, while they must have been written past 12AM. Also, we were never given the chance to sign the citations. What do these errors mean? Absolutely nothing. First, not signing the ticket is not necessarily an error. Second, I am quite confident that it is just as illegal to posses marijuana after midnight as it is before midnight.

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If me and my landlord verbally agreed to go month to month with no contract and I dont pay my rent how long will it take them to evict me and will I still have to go through the whole legal process if we dont have a lease Just because you don't have a written lease does not mean you don't have a lease. Depending on how impacted the court is, an eviction can sometimes be completed in less than a week.

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If you were to get drunk in a country where the drinking limit is under 21, and went to the states and were still over the limit, could they arrest you for underage drinking even though you did not do the drinking in the states? Yes. The crime is not the act of drinking, the crime is being is possession. You are in possession of alcohol if it is still withing your blood when you enter America.

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I am an American in California and married a man that lives in Port Said, Egypt in February of this year and now I need a divorce. If anyone knows how I can do this please response as soon as possible. I need to fix this mistake for myself and children. You file for divorce and have your husband served.

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Can I use logos and other peoples images on my blog? It depends on where you get the images, whose they are, and why they are being used.

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My husband is a very bad alcoholic and I am getting more scared for my safety How do I go about starting proceedings without him knowing about it My therapist feels that his drinking is escalating rapidly The only thing you can do without him knowing is file the lawsuit, but nothing can occur until you inform your husband of the proceedings.

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Real estate transfer before filing for bankruptcy how many years must pass? Your question makes no sense. You can transfer property at anytime you want before bankruptcy. Although, if you are transferring the property so that you can avoid it being sold in the bankruptcy, the BK court is not going to allow you ti discharge any of your debt if the reason you cannot pay it was because of a sham transfer.

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I got a ticket recently. The officer wrote on the complaint ticket that my answer date is in the year 2090 by mistake. Should i wait until the year 2090 to pay the ticket. Only if you are looking to have a warrant put out for your arrest. Once arrested you could probably avoid any additional fees on the basis of the error, but that would not get you out of the original charge. Thus, you would still get your license suspended and also have to spend a night (or a couple rights) in jail.

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My sons were invited to birthday party at a hall. A boy threw a rock at my son, hitting him in the leg. My son threw one back hitting him in the head and requiring stitches. What are the legalities that can occur from this? Well, both kids committed battery, and both could be arrested and tried from it (well, depending on their age). Also, both kids can sue the other civilly for any damages.

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How manny of you know the law? First, your question is too broad. Even lawyers don't know the law in its entirety. Lawyers simply know how to find the law, and how to correctly interpret the law. As to answer your question, most people who answer questions on AB do not know the law for the questions that they answer.

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A very promiscuous girl claimed that a friend of mine raped her, and I'm 99.9% sure he didn't. He couldn't afford a private attorney, and the court appointed lawyer didn't help him one bit. He was forced to plead guilty to avoid jail time. What can he do? The only way to get out of the verdict is to prove ineffective assistance of counsel. However, depending on the evidence against the accused, a plea to avoid jail time may have been the best advice your lawyer could give.

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"If an acceptance was sent and received after the deadline, then the acceptance becomes a new offer, therefore, as long as I accepted the new offer before it was rescinded, it is binding". What I would like to know is what law supports this conclusion? Contract law is the subject of common law. It has developed over hundreds of years by case precedent. If the contract you refer is a contract for the sale of goods, then the UCC would apply if your state has adopted it (most have). Article 2 of the UCC deals with the sale of goods.

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Can you be fired for allegedly making a comment about a manager if it is only hearsay? In most states, YES. Hearsay is a rule of evidence in court. A manager can fire you for no reason in most states.

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Do u think that outsourcing and made in china products had to do with the economy falling so hard? Yes. And the economy is going to fall even harder because the economy is getting slammed on both ends. First, we outsource production, which means a lack of jobs in America. And for those jobs that are not outsourced, we import labor from other countries through illegal immigration.

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Is it legal to carry a sword unconcealed in your car in California? Generally no. However, certain swords are completely illegal to posses. All others are legal in plain view. However, California does have screwed up weapons laws. For example, it is only a misdemeanor if caught with a concealed handgun, but a felony if you are caught with a baton (e.g. a wooden stick).

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If someone has been sentenced to nine years, and they was given an appeal what could be the outcome? can the sentance be overturned? An appeal is simply a complaint that the trial court made a legal error that, if not made, would have changed the outcome. If the appellate court agrees such an error was made, the court will 1) fix the error if possible (e.g. if the trial court erred on a sentence calculation), or 2) order a new trial (e.g. if the error misinformed the jury).

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I had a check returned for NSF, their attorney sent their demand to pay to a previous residence where my estranged wife still lives, NOT the address on the check. I did not get this demand until after the their attorney filed a suit, can they do this? Yes. Just pay the amount of the bounced check along with the filing fee and be done with it. You are in the wrong for having the check bounce. Just make it right.

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Who owns the copyright on a professionally done family portrait? in other words, do I own the rights for my image or does my photographer? Usually the photographer. This is why you have to pay for prints and cannot merely make them yourself. You can contract around this though.

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If ex files bankrupcy after divorce can my property be taken i was an authorized user on his credit cards prior to divorce but not an accountholder. i got the mo property and he kept the calif property at time of divorce.? If the property secures the debt then yes. The divorce decree does not affect the contractual rights of your creditors.

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I listed a car for sale and took a deposit. I now changed my mind and no longer want to sell the car. The buyer insists that we have a deal, won't take his deposit back and told me his lawyer will be contacting me. Does he have a leg to stand on? Yes. You contracted to sell the car and are now obligated. I am sure if the roles were reversed (i.e. you still wanted to sell and the buyer no longer wanted to buy) that you would insist that he cannot back out of the deal.

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Can private information be used to prosecute someone if the information was obtained illegally? It depends on who obtained it. If someone broke into your house, stole the info, and then gave it to the cops, then yes. Well, so long as that "someone" was not acting at the behest of the state.

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Should I be insulted because the other side is saying that my injury was caused by my weight ,so they are asking the SUBSEQUENT INJURY TRUST FUND to kick in some of my settlement money. I feel very hurt because it feels like that is discrimination. People throw around the word "discrimination" way to often in America. The fact is that we "discriminate" everyday. When I hire someone with more work experience as opposed to less, I am discriminating. When I hire someone with a degree as opposed to no degree, I am discriminating. When I hire someone who is licensed in the industry, as opposed to someone who is not, I...

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I'm in a custody battle with my mother who have had my children for two years because of lies.I have a great attorney but he said I might have to give her visitation when I get them back! How do I stop her from getting any visitation at The only way a state can give a grandmother visitation rights is if the parents are found to be unfit. To answer your question we would have to know why your kids were taken from you and under what circumstances where you reunited.

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Explain the difference between man slaughter and murder and decribe the recourse a convicted murder has after being sentence by the supreme court? Murder is a killing with malice aforethought. Malice aforethought means any one of three things: 1) You intended to kill, 2) you intended to cause severe bodily harm, or 3) the killing occurred during the commission of an inherently dangerous felony. Note: 2 of the 3 possibilities do not require the intent to kill, nor do they require premeditation. Manslaughter comes in two forms:...

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Is an unnotarized promissory note enforceable in court (AZ, USA)? Yes.

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How do you know if your breaking the law if you don't know the law? And why can they still penilize you for breaking a rule that you didn't know existed? There is none so blind as he who will not see. It is your civic duty to know the law. Thus, it is your own fault for failing to inform yourself.

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How many years or what is the fine for picking up a prositute that is a cop in nebraska Well, if you actually manage to pickup the cop, then I would immunity in exchange for testifying against the cop. However, if you only solicited the cop, the answer depends on what jurisdiction you are in.

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Can your place of work do an investigation on you without you knowing? Of course they can. In fact, anyone can hire a PI to do an investigation on anyone else at anytime as well.

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Which is more addictive: alcohol or weed? There is no clear answer to this. Alcohol is physically addictive and pot is not. However, it take quite a bit of time and consumption to form a chemical addiction to alcohol. Marijuana has a high incidence of psychological addiction, and that addiction sets in much earlier than a physical addiction.

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Why is a person accused of a crime not required to take a stand? The Constitution protects a person from having to testify against themselves. However, this does not actually answer the question. By not taking the stand, the accused also gets out of testifying about non-incriminating information. If you are subpoenaed to testify in a trial, you must take the stand. You can refuse to answer anything that is incriminating, but you would be in contempt if...

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Can an offeror accept a contract after the time specified in the contract? I think you are getting terms mixed up, so this answer is long just to clarify facts. First, the "offeror" is the person making the offer. The "offeree" is the one with the power to accept. Second, you do not accept a contract. You accept an offer, which creates a contract. Third, if you accept an offer after it has expired, it becomes a new offer (not an...

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Is it legal to download (or share from a peer) a song from Limewire-it is still a heavilly downloaded program from cnet/downloads? If the song is in the public domain, or your "peer" owns the copyright, then yes. Otherwise, NO.

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If you just recently started a job, is it too late to file for unemployment? The prefix "un" means "not." Thus, "unemployed" means "not employed." If you recently started a job, that would mean you are employed, which is the opposite of "not employed."

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Me and my husband are in our seventys.Shoule we have a trust fund for our four children? We do have a will. You should talk to an estate planner. You probably don't want to setup a trust fund, but you may want to transfer your property to a trust. A trust simply transfers property before you die. This allows your heirs to avoid probate. It will also allow you to save some tax liability. However, if you have a large estate, you will likely not a void all tax liability. However, if this is...

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Should I try to get retroactive pay.....I'll explain the situation in a answer because I think its to long to explain on a question Only you can decide that. You have no legal entitlement to a raise, so I wouldn't waste my time filing a lawsuit. However, if you are a valued employee the company will likely backdate a raise.

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There's a wine festival in my town. When you enter the festival you can't bring in ANY outside food or drinks including water. It's very hot, their water is VERY expensive, and they confiscate any water you try to bring in. Is this even LEGAL? Of course it is legal. You are free to leave anytime to go get water.

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Does the defense lawyer has the legal right to accuse the complaint that he or she is a lier without proving it? (Canada) His purpose in accusing the complainant is to prove it.

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Is it lawful for a texas police officer in uniform to refuse to provide valid law enforcement credentials If the officer is in uniform then his credentials are provided. The reason cops were name tags and badges is so that everyone knows their credentials.

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Does the defense lawyer has legal right to accuse the victim as"a lier"? what if he can not prove his/her lies? Yes. Anything said in court is privileged. A lawyer cannot commit perjury, but he can certainly inquire into the truthfulness of your statements. It is up to the jury to decide who they believe.

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Can you be an employee at a bank & a liquor store owner? Are there any regulations between the two? Of course you can. What do you think one has to do with the other?

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I live in buffalo,NY and I my lease says after the first of the month if I am late on rent its ten dollars however i heard from word of mouth that you have until the 5th day of the month before any penalties kick in. Is this true? Just because someone else has a lease that gives them to the 5th to pay rent does not mean that is law. Your lease conrols.

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IN CAL CAN A 12 YR OLD CHILD REFUSE A JOINT COURT ORDER VISITATION OF A PARENT Of course not. And if the parent tells the child to go to bed at 9pm, the child cant refuse that either.

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I just had a thought. Do you think that with, the economy in the bad, immigration will go down? Of course not. The economy is bad for Americans, but it is still great for the illegals. Working for $8 an hour in America is still more than the $2 a day they would be earning in their home country.

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I let my job know(in writing) that I would be back to work on my release date.I was verbally told not 2 show up b/c he didn't think I could do my job since my accident.I sent anotherletter re:that conversation-supv responded I was term b/cSTD ended.Legal? If your short term disability coverage ended and you did not qualify for any other leave, then it is perfectly legal for your employer to fire you.

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Can an employer refuss familey medical leave of action in an emergency situation Whether it is an emergency or not is irrelevant. If you qualify for FMLA leave, you are entitled to it. If you do not, the fact that it is an emergency has no bearing.

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If you divorce your spouse, and then report their misconduct to their employer which results in spouse losing job, what are the legal consequences to the whistleblower? In Texas. It depends on the truthfulness of the allegation. If you can prove what you say is true, then there is no consequences. If not, the spouse is entitled to his damages from your whistle blowing if he decides to sue you for defamation.

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After a trustee sale is there any way after its sold to redeem it back if I have the amount to sasisfy the loan In many states you do have a statutory period to redeem (usually 6 months). However, you need to be able to satisfy the entire loan and all costs associated with the foreclosure and sale.

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How would I sue my ex-spouse who is a candian citizen? In what courts would you file? I know my ex-wife will not fly in for court, so how would this work? I am a US citizen and the divorce took place in FL. First, you do not have to sue for this. You already have a judgment. But a judgment is only a sheet of paper. If your ex has property in America, you can file a motion with the court to have the property attached to satisfy the judgment. Otherwise, your only hope is if America has a reciprocal treaty with Canada that will compel the Canadian government to give full faith an credit to an...

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Is my exwife legally responsible for half of medical expenses not covered by my medical insurance if the divorce degree says that she is? A collection agency is telling me that I am responsible for her half because she will not pay. The question is not "who is liable?" Rather, it is "who is liable to whom?" A divorce decree does not affect the contractual duties of whichever spouse contracted with the creditor. Thus, if you incurred the medical bills and your wife co-signed, or vice versa, then the creditor can go after either of you. This is because you are both liable to the creditor. ...

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I failed a drug test for cocain but I havent done coke in 7 months how and why did that happen? Well, because you took coke 7 months ago (and you probably were a pretty heavy user). What drug users don't realize is that most drug tests do not look for the presence of the drug, which passes rather quickly. Rather, they look for metabolites that are created by the drug. In the case of cocaine, the drug test looks for "benzoylecgonine," which generally passes in a few...

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Is it legal in Idaho for a company to put a lien on our property because our builder failed to pay for parts? We did pay the total amount owed to the builder. It sure is. Just because you hire someone to upgrade your property with stolen materials does not mean you get title in those materials. You need to go after the builder to recover the value of the lien.

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Is the the Catholic communion wafer counted as a conditional gift under the law (the condition being that you must be Catholic to receive it)? And if so, can the Church legally require that the wafer be brought back if it is taken under false pretenses? There is actually no such thing as a conditional gift that can be effectuated by a person. The law sometimes deems a gift conditional as an equitable remedy, but only when fundamental fairness requires it. There are two examples of this that come to mind. First, some states require the return of an engagement ring if the marriage does not happen. Some states have called this a conditional...

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Can a US citizen sue their ex spouse who is a canadian citizen? The divorce/marriage took place in the US. It does not matter the defendant has citizenship so long as a U.S. court can obtain jurisdiction over the defendant.

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What are thee odds of a complicated rape case going to trial? or getting dropped to sexual battery? Less than 2%, however this is a meaningless statistic. Most cases plea out, and only 1-2% of all criminal cases go to trial. But if you do not plea, the odds completely depend on he evidence against you.

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Do cops chase sport bikes when they run? It depends. When they know a chopper is in the air, yes. And motor cops will always chase. Other than that, it will depend on the traffic conditions. However, I know of many people who landed in jail because they ran from the cops, got away, only to have the cop show up at their doorstep after running their license. And instead of getting a $75 ticket, they got thousands of dollars in...

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My grandfather was remarried and they didn't have children nor did she have children of her own. He died & with his money she paid off the home. She died, now her family is selling the home. Should they profit from my grandfather's hom You need to be more specific with your facts. Dead people don't have money. Thus, after your grandfather died, his wife could not have used his money to pay off the home. What likely happened is the wife was giving all of your grandfathers assets when he died, which means the money was hers to do as she pleased.

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Does a lawyer have to have a florida license/certification or be associated with the florida bar association to practice law in florida? Generally, YES, but not always. In order to practice law in any state you need have permission from the courts in that state. That permission most commonly comes from being a licensed by the bar. However, there are 2 notable exceptions. First, most states have a way to get "pro hac vice" status, which is basically permission for an out of state lawyer to practice law in a...

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In a divorce settlement one party was awarded 50% of the value of their spouses IRA. No value other than"current" was noted. Ayear and a half has past since the divorce was final and the current worth of the IRA has dropped.X spouse wants orig value. Your X spouse is entitled to 50% of the value at the time of the order. If the value of the IRA went up, you certainly would not want to give him the increased value.

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I HAVE settled in a lawsuit and have signed the settlement papers. my lawyer promised the money 5 weeks ago how can i find out where my money is? Your vest solution is to call the lawyer and ask.

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Is it lawful for a police officer in uniform to refuse to provide valid law enforcement credentials If they are in uniform their credentials are on their shirt. That is what a badge is.

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We live in Texas & have recently been informed that we do not have the mineral rights to our property. We have a title insurance policy on our property that insures the property as fee simple. Do we have any recourse with the insurance co? I don't know Texas law in particular, but I do know some states separate surface rights and mineral rights as a matter of course. In other words, in such states, you could acquire the surface rights in fee simple and the mineral rights (a separate property) in fee simple as well. Thus, if Texas is such a state, you could own your property in fee simple and still not have mineral...

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Is an uncorroborated, defamatory, mystery shopper result libelous? Yes, however, I suspect you did not mean to ask this question. Your question contains a logical fallacy. Namely, you ask if a "defamatory ... mystery shopper result is libelous." Since a mystery shopper result is in writing and libel is defamation, the answer to your question must be yes. In short, your question is like asking if theft is theft. Of course, the answer to...

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So how come the government cant give the people of the usa 200000 for every person over the age 18 under the condition they pay tax on it pay their mortages pay student loans and pay back chil support then spend the rest to stimulate the economy Do you really not see the problem with that scenario? First, where is the money going to come from. In order to pay every person $200K, the government would have to collect at least $200k per person to have the money to give. And on top of that they would need to collect money to run the government. Second, such an act would have no affect on the economy. Do they not teach supply and...

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Can a police officer pull you over solely based on the reason that when they ran your plates, it indicated that there was an active traffic related warrant for your arrest? Yes. Do you think they should need another reason?

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If my husband dies and does not have a will, and my name isn't on the deed, will the house go to me or to his eldest daughter? Does it matter that I'm his second wife? The other answers are generally correct considering you did not give a jurisdictional. A spouse is an heir. A child is an heir as well. In many jurisdictions, the spouse will get a percentage of the house and the children would get a percentage as well. In California (and probably other community property states), the spouse would receive 100% of the house if it was community property, or...

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Can a prison deny an inmate from seeing his spouce and kids for no reason They have a reason. The reason is you committed a crime and are being punished for that crime.

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What is the penalty for first offense driving on a suspended license It depends on the state. In most states it is a misdemeanor punishable by up to a year in jail, but you will usually just get probation.

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What can I do about another person slandering me? First you must find out if what you call slander is legally slander. What was said about you, who was it said to, and is there any basis for the person to believe it is true?

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If entering a story into a contest, do you loose the rights to that piece of work or is it still yours by right that you can legally use elsewhere? Read the terms of the contract. Usually you keep the right to use the work, by the contest gets a license to use the work as well. But the exact answer completely depends on your contract.

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I know that when a homeowner serves alcohol they are legally responsible. However I was wondering if I were to have my guests sign something stating that they assume the responsibility of their actions and consequences then I won't be? Your understanding is not exactly correct. You are not responsible in any state for merely providing alcohol to a person legally old enough to drink. In some states you can be held liable for harm that results if you give a noticeably intoxicated person alcohol. However, many states have abolished this rule.

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How can i get free access to my public records? Go to the agency that has the record you want to see and request to see the documents.

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What is a burglary by threat? It is burglary where the breaking and entering is achieved by threat as opposed to physical invasion. For example, if your door is open and I walk in to commit a felony, I did not commit burglary because there was no breaking. However, if I open up your door and walk into your house with the intent to commit a felony, I did commit burglary. Burglary by threat is a hybrid created by the...

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What keeps a green card holder in the U.S. if the said holder has a federal drug charge, has been charged with aggravated stalking and has numerous DUIs/DWIs? Due process. A charge is simply an accusation.

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I have been continually verbally slandered by a parent of a student I teach. Can I file a restraining order on her? First, all slander is verbal. If you are being defamed in writing it is called libel. Second, you can only get a restraining order for defamation by suing for the defamation. However, you need to be able to prove that the parent told false information about you to a third party, and that false information caused pecuniary harm. How exactly are you being defamed?

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I am doing a school project on teenagers, and alcohol use. What is the name of the bill/law that says the legal drinking age is 21? This depends on what state you are in. There is no federal law that sets the minimum drinking age. The Constitution does not give the federal government the power to make state laws. However, the Constitution does allow the federal government to condition funds on a states passage of a certain law. Thus, currently every state has a law making the drinking age 21. Any state is free to...

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My dad is being charged w/ serving alc. He DIDNT know we were drinking &when he found ALC he shut my party down.BTW it was BYOB+NO minors came.Cops foundout the next day BC charges were filed against 1guy bc of a fight. Theres more to this story &no space The first thing you need to do is look at the charging document and see what statutes you are being charged under. Then look up the statutes to see all the elements that must be met to be guilty of that statute.

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If a police officer drives past a driver or passenger who looks really suspicious, how does the officer determine suspicion visually and decide to pull them over? Duplicate answer, please ignore...

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I own the note on a fast food business and the person has defaulted. The business is not worth the full amount of the note. Should I take over the business or sell everything and go after the owner who has nothing. Can you do both? What do you mean by "the note on a ... business"? Is it a for the property only? Is it a secured loan? How is the business structured? Depending on the answer to the above questions, you may not be able to take over the business. More details are needed to answer your question.

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How do I obtain a used car loan with my mothers credit she has good credit but, she wants the title and insurance in my name. Is this possible? Your mom can pull a loan and buy the car for you. Or you can pull loan and have your mom as a consignor.

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Do patrol units have license plate scanners that will passively or actively scan the plate of any vehicle near the patrol car? Most do not because the technology is expensive, but many agencies have one or more equipped patrol cars that scan license plates. These cars actually recover many stolen vehicles.

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If a police officer drives past a driver or passenger who looks really suspicious, how does the officer determine suspicion visually and decide to pull them over? First, an officer cannot pull you over because you look suspicious. They must have an articulable suspicion that a crime has been, or is about to be committed. However, a cop can pull you over pretextually if he has some other valid reason. For example, in California you must have a front license plate. If you don't have one, most cops won't bother to cite you. But if a cop...

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Do illegals get deported if they marry american citizens? Yes. However, you get deported for being in America illegally, not because you married an American citizen.

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My employer, in Texas claims they do not have to pay overtime to office hourly workers becasue they are an agricultural company (wholesale nursery). I believe we should be paid OT because we are not even directly related to the agricultural pro duction. Asking the same question over an dover is not going to change the answer.

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In 2001 I was convicted of a 3rd dui. I fled and subsequently a warrant was issued. How long is the statute of limitations concerning this in Colorado? There is no statute of limitations. You were convicted. The statute is now irrelevant.

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Can my employer deny the settlement that the insurance company and my lawyer and I agreed to to try to make me come back to work there even though my Dr said I cannot return to my time of injury position? Your question is not very clear, but if I understand you correctly the answer is yes. An insurance company is not a party to a dispute. Rather, they are simply an entity obligated to indemnify a party. If your dispute is with your employer, then your employer has to agree to any settlement.

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Is domestic abuse on a pregnant woman grounds for an anullment? I have the police report and we was only married 1 month when it happened, I have been gone for a month and a half. In most jurisdictions, No. It it certainly grounds for divorce though (although in most states you do not need any grounds for divorce). Annulment does not exist to correct bad decisions of a spouse. Rather, it exists to correct fraud that, had it been known, no marriage would have happened in the first place. For example, if you married a man so that you could start a family, and the...

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I work in the night shift and i get sick chest infection and my employer he said he doesn't pay the days off. from hospedale he give me 7 days off. what can i do? What can you do about what? It sounds like your boss has already answered this question for you. You can have 7 days off, but not get paid. Or you can work and get paid. Or a third option would be to find an employer that offers paid sick leave.

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Drug tests at interviews: is this common? Is this an American thing? I have never heard of accompany testing at the interview. The company has to pay for the test, so it makes no sense for them to test until they are ready to offer you a job. I do not know if it is only an American thing, but it is common in America. If a person is on drugs and hurts themselves, or another, the company will often be held liable. Thus, they have an interest in limiting that...

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Where can i find a lawyer who will represent me and sue a police agency for violating my rites That depends on what rights you allege were violated. The government has sovereign immunity, which means you cannot sue the government without first getting the governments permission to sue. Moreover, it is illegal for a lawyer to file a lawsuit in which there is no legitimate legal theory behind the suit. Thus, you r first step is to talk to any lawyer just to see if there is a...

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How can a person have you arrested for assault if you have never touched them , can a police officer come make you leave a resturant if he has no warrant and make you give them your id and ssn if your doin nothing wrong and the business did not call them 1. How can a person have you arrested for assault if you have never touched them? Well, because assault does not require physical contact. If there was physical contact you would be arrested for assault and battery. 2. Can a police officer come make you leave a restaurant if he has no warrant? Yes. He can arrest you for trespass (or any other crime) and take you to jail. It sounds...

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Can you press charges for fraud if a girl told you the baby was yours and 11 years later isnt How would she possibly know whose kid it was, and you not having a clue? Did you knot do the math? If you had sex and 40 weeks later she had a kid, you should be a little suspicious.

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My employer, in Texas claims they do not have to pay overtime to office workers becasue they are an agricultural company (wholesale nursery). I believe we should be paid OT because we are not even directly related to the agricultural pro What does your actual job entail?

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Is it true that in the state of Florida, if an HOA assesses a fine against a homeowner, the only way they can collect is to put a lien on the home and try to collect if and when the house is sold? No, but that is the easiest way. Whenever someone gets a judgment against someone, the have to collect somehow. They could have wages garnished if they know where you work. They could have your bank accounts garnished, if they know what bank you use.

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How can someone be arrested for PL220.03 if they weren't found with anything but their driver did in his pocket? Because you posses something when you have dominion and control of the item. You do not need to have physical possesion.

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ColoradoSocial Services took my children and we all want them put with my mom but they are trying to say my mom has to be foster parent cirtifed to get them. can they do that? Of course. Would you really want an organization that could take your kids and then give them to anyone, regardless if they have been certified fit?

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In an incorporated non-profit organization, can the board meetings be closed to the members, with members being allowed with the permission of the president? Your question makes no sense. Please clarify the type of business structure. If you are "incorporated," then you are a corporation not an organization. If you are incorporated you do not have members. Rather, you have shareholders. Shareholders are entitled to be at the annual meeting (which is why you have an annual meeting), but whether or not a shareholder can attend a...

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What's the difference between civil fraud and criminal fraud? Please give an example of each. In a word...NOTHING. If you commit a fraud, you can be tried criminally and you can be sued civilly. And everyone who said that the difference is "intent" is, in a word, WRONG. Whether your are sued civilly or tried criminally, you must have had the intent to deceive. When you do not have the intent to deceive, that is simply called a mistake.

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Why does Nebraska state law make someone a legal adult when they are 19 instead of 18? Because that is when the decided to call someone an adult. The same question could be asked about other states. Why do some states choose 18? Why do some states choose 21? The answer is really just a line in the sand.

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So If on salary, can the employer ask you to do lots of extra hours, like 5 10 hour days plus a 5 hour saturday in 1 week with no extra money, yet deduct a day i missed the week after? More facts are needed to answer your question. If you are salary exempt, then YES. You are paid a set salary for the job, and you do not get more if the job takes longer. However, if you miss an entire day worth of work, then your pay can be docked because your getting paid to do a job, and you did not do your job that day. Of course, the key is whether or not your qualify as salary...

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Can you be arrested for a DUI in North Carolina if you had parked your car and were walking to a hotel room when the officer pulled up to you and stated he saw you pull into the parking lot and asked if you were drinking? Of course. And in case you were wondering, you can also be arrested for murder after you ditched the weapon and away from the crime scene. You can be arrested for theft even after you fenced the goods and left the scene.

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Why is it illegal to run from the cops even if you didn't do anything wrong? It is not illegal. A cop cannot arrest you for running for no reason. A cop can detain you and investigate if a crime has been committed if you run, where otherwise he would have no reason to detain you.

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If we are unable to break a legally binding agreement without the consent of both sides, how can a spouse who has "changed their mind" about being married force their partner to be divorced if they want to remain married? First, you can break a legally binding agreement, but if you do, you may be liable for damages. Second, marriage does not necessarily meet the requirements of a valid contract. But even when it does, it is no different from breach of contract. For example, if I contract to buy your car for $5000, and then breach. Your remedy is to sell the car and sue me for the difference in contract...

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You are in school and pull the fire alarm as a prank. Two firemen are killed rushing to the scene. Are You guilty of manslaughter It depends. You are guilty of manslaughter if you do a highly reckless act that results in a death. Whether or not pulling a firearm is highly reckless will vary depending on the situation and the community you are in.

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Can I prohibit a tenant from keeping ammunition in his apartment? My month-to-month agreement prohibits highly combustible materials. Licensed guns are a consitutional right, but is ammunition? I would like to prohibit ammunition. I live in CA. Yes you can. However, probably not under the current lease. Ammo is not highly combustible. In fact, ammo is designed to take a tremendous amount of heat without accidentally firing. You could put in your lease that guns and ammunition are prohibited. And FYI: you do have a constitutional right to ammo, but that is irrelevant since you are not the government.

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Can I deduct credit card charges my employees have incurred if they do not hand in the receipts? In most states the answer is NO. You can sue the employee for recovery of the money, or fire them for not turning in receipts, but most states forbid self help.

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What would happen if i have a judgment on my credit report and I was never notified of any lawsuit? Nothing automatically happens. You can collaterally attack the judgment, and get it vacated, if the creditor did not properly serve you. However, proper service does not always require actual notice. Most debtors who are sued lose by default judgment. This occurs because the debtor stops paying, and then hides from the creditor. In this situation, the creditor does his or her due...

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House was sold with back taxes owed who is responsible the buyer or the seller? The seller is responsible for his or her taxes. However, if the IRS is not paid, they can foreclose on the property no matter who owns the property. Thus, if you are buying a property that has back taxes owed, it is in your best interest to pay the tax man. However, you can sue to collect that taxes from the seller (which may not be worth it if they are judgment proof). This situation...

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I live in colorado in an apartment, and my landlord is trying to get me to pay water sewer, and trash. i have never needed to pay this before. why now? is this even legal? This depends on what time of lease you have. If you are month to month, your landlord can change the terms with only 30 days notice.

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I am moving out of my apartment on Oct. 10, 2008. There was a change in management and the the new manager forgot to have me sign a new lease when the last one expired. Am I obligated to pay more than 10 days prorated for October in Nevad First, double check the lease to make sure it does not automatically renew. If so, then you are now a month-to-month tenant. That means you need to give 30 days notice to vacate. Thus, if your lease expires at the end of this month, you are liable for rent through the end of next month if you give notice before the end of this month.

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How old does a child have to be in North Carolina before they can decide which parent they want to live with? No age. A child never has an absolute say who he lives. Well, I guess technically you could get emancipated. However, in order to get emancipated you must be self sufficient, which means not dependent on a parent.

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I had a urine drug test and subsuted urine for water what will the differance be how to explin it with medical reason. Your best medical explanation would be to simply admit that you are an idiot.

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I have a verbal agreement to bay me a daily bonus on top of my salary i have been told that a verbal agreement is worth nothing and they could stop it straight away. my employers have been paying this bonus for nearly 19 months. Where di stan First, a verbal agreement is generally as binding as a written agreement. The problem is that it is difficult to prove that you had a verbal contract. Even when you can prove a verbal agreement exists, it is usually hard to prove the precise terms of the agreement. However, there are some contracts that must be in writing. One such contract is a contract that cannot be completed in a...

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I work in retail and i am now 23 weeks pregnant, my employer has pretty much stuck me on the check out, which is fair enough as some of the goods are heavy to lift, however, am i entitled to have a seat since i am on my feet for 9 hours a day? Probably not. The only recourse you have is if your state has some sort of OSHA like protection law that addresses this issue. If you are not capable of doing your job for a medical reason you are entitled to a certain amount of leave in most states (and under federal law if you have a certain amount of time on the job), but you cannot force your employer to keep you on if you cannot do the...

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An agency hired me to work for an insurance co. After 52 days of work, the agency called me and said my contract at the company expired due to downsizing. The agency didn't warn me & they knew this the whole time. Have advice for me? Is this illegal? Not it is not illegal. My advice is to read your contract.

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Is this legal in your state? In Mich. prosecutors (legally) use threats on witnesses lives to force plea-bargains and attorneys in civil cases (legally) use threats on witnesses lives to force settlements. www.bewareofmichigan.com These things are not legal in Michigan, or any state.

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What kind of lawyer would i consult to clear up a federal fine my wife accured prior to marriage which the governement is now holding me responsible by taking my taxes. I live is florida, she was living in louisiana when convicted. Any attorney that deals with federal law. However, you are most likely not being held responsible for her fine. Remember, any money you earn during the marriage is jointly owned by you and your wife. Thus, there is probably nothing to "clear up." Your best bet would be to talk to a financial planner to see if there is anyway to limit what funds are considered marital funds. For...

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Prior to getting married my wife was convicted of money laundering and sentenced to 3 years in federal prison and $500,000 fine. She has served her time and probation. Now the federal government is holding me responsible for her debt by taking my taxes. The state is not making you responsible for her debt. However, in every state marital assets to some extent are owned by both spouses. Thus, they are merely taking your wifes money to satisfy her debt.

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Does anyone know if I can become a legal resident of US due to the fact that I have been consistantly living here since 1991? I have no legal family members in US. That fact alone will not make you a citizen. If you have been living in the U.S. legally since 1991, that will help in the naturalization process. If you have been here illegally, it will be almost impossible for you to become a citizen.

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Can i be arrested and charge with 4th degree assault if the person does not press charges? Yes. The decision to prosecute is solely on the prosecutor. Thus, as long as he has the evidence to convict, he or she can bring any charges he or she wants. Note: The opposite is true too. If a person wants to "press charges," it is still up to the DA to choose to file charges or not. The phrase "press charges" simply means to ask or urge the DA to file charges.

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Person was asked to leave premises, was verbal, nothing ever written or served. He did not know that returning merely to buy gas was an infraction at this place. Actually silly incident. Now on house arrest. How can this happen with nothing written? I think you have the concept of property ownership mixed up. When you own property, you do not have to give everyone written notice that they cannot come on your property. There are many places that you have implied consent. However, once that implied consent is taken away, then you can be punished for trespassing. However, I suspect there are facts missing. Why was he told to leave?...

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What does it mean to plea "no contest"? It means you are pleading guilty while not pleading guilty. In other words, you will be punished just as if you plead guilty, but you will not have a conviction that can be used against you in a later proceeding.

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What legal rights do I have concerning neighbors who allow overwatering to drain onto my property This depends on what jurisdiction you live in. At common law you had a right to direct water off of your property, even if it is directed at another's property. Many jurisdictions still follow this rule. Some have changed it by statute.

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When did the law come into effect allowing a child born in the usa with non-citizen parents to become a us citizen 1952. For those who said 7/19/1868, due to the ratification of the 14th Amendment, you are incorrect. The 14th Amendment to the Constitution requires you to be born in America, and "SUBJECT TO THE JURISDICTION THEREOF" to have birthright citizenship. The meaning of "subject to the jurisdiction thereof" was defined by the Supreme Court in Elk v. Wilkins 112 U.S. 94...

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Can police officers search my home with only the personal complaint from an out of state party? They need a warrant or your consent. Just a complaint is not enough, but a complaint with some corroborating evidence could be.

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Okay im 15 years old and i dont want to live with my dad. my mom doesnt want me. But my friends mother wants to get custody of me. do i have a chance in court? [reply for details] Only if your dad is truly an unfit parent.

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Do you think O.J. Simpson will be found guilty this time? I certainly think he will be convicted of something. However, I think the real question is what?

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How do I find out if a movie is public domain? I would start by checking when the movie was made. If a movie is still within the copyright range, it is only public domain if the copyright holder gave it to the public. Thus, if it is outside the range, you know it is public domain. If it is still in the range, then simply ask the copyright holder (or production company if different). If they put it in the public domain, they have no...

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When leaving a job, did you tell your boss how you feel or did you keep the peace and not burn the bridge? The smart thing to do is not burn the bridge. You never know when you will encounter this person again, or what he will say when your future employer calls him for a reference.

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How long does a contractor have to pay his employee in the state of Missouri? They have the amount of time stated in the contract.

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I`M STARTING TO GO THROUGH DIVORCE,I HAVE SOLELY SUPPORTED THE FAMILY!HOW CAN I GET MY HUSBAND OUT OF THE HOUSE LEGALY? You can rent him an apartment and then ask him to leave.

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When will G.W. Bush go to Prison? Well, first he would have to commit a crime. And being an unpopular president is not a crime.

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Is it illegal to post naked pictures of an ex girlfriend on myspace? and if it is how can i do it so that it wont be illegal It depends. First, is it against MySpace policy to do this? I would guess the answer is yes, but I don't know for sure. If so, crafty prosecutors have used this to prosecute. Second, how did you obtain the pictures? If you do not have a copyright for the pictures, it would be illegal to post them. Third, although not a crime, you can be held liable for the tort of breach of...

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How long does a patent right last? The time frame has changed over time, but currently it is 20 years.

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Is it illegal to set off a stink bomb outside a person's window in Denver, CO? It is a trespass, and could be a criminal trespass. Otherwise, no.

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If I hold title to a house as tenants in common and the co-owner dies, does the property go into probate? Would I be able to live in the house during probate if I was the legal heir? Would it cost extra $ in taxes or court fees to go through probate? The interest in the property owned by the decedent will go into probate. However, you can continue living in the house as long as you want. The probate does not affect your ownership in the property.

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What can I do?Tenant owes rent.Instead says there is leak from upstairs.When I came to fix it he did not open door,instead called me & said I must give 24 hrs notice first.Meanwhile he filed complaint & I received violation. I would give him notice and start eviction proceedings. You do have a duty to fix repairs, but a tenant has a duty to inform you of problems and give you access to repair them. A tenant can only withhold rent if the landlord has been giving notice of a problem and fails to act within a reasonable time. A tenant also has a duty to safeguard the property, which includes not allowing a leak...

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How do I claim real estate by possession (a road only we used for last 15 years) First, you need to make sure you qualify. Do the owners of the road know you have been using the road? Did you have exclusive use of the road, or did the owners continue to use the road as well? Did you have permission to use the road?

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How would I sign my half ownership of the marital home over to my 12 year old daughter? In most, if not all states, you cannot. Children cannot own property. You can transfer the property to a trust, and make your daughter a beneficiary. Why do you want to transfer the property to a child?

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What is the max amount of hours you are aloud to work per week? In most jurisdictions it is 135. This is because most jurisdictions require that you have one day off every 7 days, and you are usually required to have at least a 30 minute lunch break for every 8 hours worked. Technically it is a little less if you count on the job breaks required by law, but I did not subtract those since you are required to be on the job, and they are paid.

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I bought a computer 7 months ago which arrived DOA. Since then they have been attempting to repair it, and every time they fail. I want a full refund at this point, but they are saying that my 30 day warranty expired. Is there any law on my side here? Yes, there are many laws on your side, but all they entitle you to is a repair. First, you need to know that the implied warranties can be waived. So check your sales contract to verify. Second, all the implied warranties guarantee is that the product will work for the normal purpose it was intended (or for a specific purpose that the manufacturer claims). If a product is not...

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In an at will state does a fired employee still have a case if bullying, falsification of their personell file took place and reasons given for termination were totally contrived. She is 61 years old, had worked for almost 3 years, promoted twice. The question you need to answer (to answer your question) is what was the real reason the person was fired. In an at-will employment state you can be fired for any reason, or no reason, except for the reason of being a member of a protected class. The only reason a company has to falsify a reason for termination in an at-will employment state, is for the purpose of covering up an improper...

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I want to take old jeans, rip/distress/patch them, and sell them on ebay. Is it legal to re-label them? No, but read on for complete details. First, there is no copyright issue here. However, trademark law does come into play, but you are okay. Trademark exists to protect the brand identity of a manufacturer. For example, if you were making poor quality knockoffs of DKNY jeans, someone who purchases your jeans may not buy DKNY jeans in the future because they perceive them as poor...

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I want to file for my child's custody but the problem is my brother who also lives at my mom's house smokes weed, I told him to stop since it could affect the outcome, my mom told him to, but he refuses, I have no place or money to go to, what could I do? This is an easy problem to fix. Call 911, explain the situation, and your friendly neighborhood law enforcement official would be more than happy to put your brother up for a while. And for everyone who is going to down rate this answer (which always happens when you chastise a pot smoker on AB), is it really more important to allow a person to smoke weed in a house where the owner and...

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I was given a 3day notice on friday and was told it was in effect on the 20th the day after i had given my two week notice in writing to the landlord. i am behind in rent b/c i hv szrs n wsnt able to wk. don't i have to wait on the offcl evtc notic b4 i g No. You can leave anytime. However, you are responsible for rent until the landlord re-rents or your lease term expires, whichever comes first. Thus, the sooner you leave, the sooner your rent liability could end.

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What is the law regarding recording someone (audio, video, camera) without their consent? The other answers pretty much covered it, giving that you did not specify a jurisdiction. The exact law varies widely by state. However, I will add this. The answer also depends on whether or not you are a party to the conversation, if the speakers have an expectation of privacy, and the manner in which you record. For example, even in California (which requires both parties to...

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My landlord gave me a notice saying that my rent for the month was past due and eviction was going to be filed against me. 2 weeks later the landlord and a sheriff came to put my stuff outside without any notice to vacate is this legal? he Sheriff would have only assisted if there was a court order. So probably.

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At what age can 'children' legally decide whether or not they would rather not go to their other parents house for visitation? Or can they? Just curious. In most states it is 18. However, in a few states it is 19-21.

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Is it legal to distribute a flyer about someone if the flyer contains a picture they gave to you and the information contained in the flyer is factual. Maybe. The only potential issue is the copyright of the picture. However, if the flyer contains newsworthy information, or the content is a commentary on the picture, it is most likely fair use.

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My employer now drug tests. i have been employed with them for 5 years. i have been told that since drug tests were not policy when i was hired that under law(grandfather law) they cannot legally test me. is this true? No. There is no law that says you are exempt from your employers policy. If you have a contract that does not require drug testing, they cannot change the contract without your consent and without paying consideration.

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My husband got hurt in 2001, while working on a land rig. He lost 95% of his eyesight in his left eye. He recieved an settlement for the 95% eye loss in 2002. Problems now are leading to taking his eye out, is he entitled to the other 5% settlement? No. A "settlement" settles the matter. You cannot ask for more just because it turns out that you made a less than ideal settlement. If you could do this, insurers would never settle, and you would have to always sue to get anything.

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I was talking on the phone with my boss. The conversation got heated and he began yelling at the top of his lungs and swearing at me. Is there anything I can do about this? Of course. You can always leave his employ and find work with a boss that does not yell.

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What do you think of bin laden's driver getting a 5 1/2 year sentence? Ignore. This was meant to be a comment. What do you mean "however unwitting." You can't unwittingly be involved in a conspiracy. You must agree to assist in the criminal endeavor to be co-conspirator. And the law makes perfect sense. Should the person who got the illegal passports for the 9/11 attacks face less punishment than the people who crashed the planes (had they...

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How big a deal is PERJURY? Detroit Mayor Kwame Kilpatrick went to jail for lying about his extra marital affair. Former LA detective Mark Furhman became a felon for lying that he never said the "n" word. These are not violent people. Why does being a violent person matter? Perjury, if allowed, would destroy our justice system. Moreover, perjury results in innocent people being thrown in prison, and guilty people going free. If it was me, I would rather be punched in the face (i.e. a violent act) then spent years in jail for a crime I did not commit.

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What happens when someone is left a specific amount of money in a will and there is no money to pay it? Well, you don't get the money. A will dos not create an affirmative obligation. It is merely a gift. The decedent may have wanted to give you a certain amount of money, but if he did not die with enough assets, then he cannot give you want he wanted to give you.

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Is it legal for an employer to keep tips from customers that was for the wait staff? This is one issue that will vary by state. In California, it is illegal for the employer to keep some of the tips, but it is not illegal for them to require a tip pool.

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A collection agency has gotten all its monies- including interest and fees- then goes to a court house and does not say anything about the amount being already paid-gets a garnishment so that it goes into my bank accounts and takes all. What can I do? If they went into court to get a garnishment order, that means they already had a judgment against you. Thus, they are entitled to 100% of the judgment. Therefore, even if you were paying a certain amount voluntarily on the judgment, they are still entitled to collect by involuntary means.

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I am title holder of mom's home since 1999, where she has a life estate. Mom is now in a nursing home and we will sell the property: I am legally entitled to a portion of proceeds. What tax will I pay? Can I avoid taxes by reinvesting in other realestate? You will pay capital gains tax on any increase in profit. You cannot avoid this by buying other real estate, but you may be able to postpone the taxes if you place the money in a retirement account. Although, tax law is not my specialty, so talk to a tax lawyer or financial advisor first.

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Two owners own half of a residential house in Texas.One owner resides on property,has no insurance.The other has ins.If this house burned down and the owner w/ins decided to rebuild.Who would own the new house?Where's it stated inTexas property/ins code? The same two owners who originally owned the house.

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Can you speak on someone's behalf in family court if you are not an attorney? Yes, is is called being a witness. However, you cannot practice law without a license. Thus, your are limited to speaking on only facts, and only facts that you have personal knowledge of.

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Can dna be taken from your handwriting Sure, if what you hand wrote was written in your own blood.

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What is the conviction rate on rape in the state of georgia? There is no way to know. Rape is the most common false accusation crime in America. Thus, there is no way to know how many people were convicted who actually did the crime, how many were convicted who did not do the crime, and how many people got off who committed the crime.

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I live in Indiana. A drunk person came out of a bar next to a theater me and my friends were performing a musical at, and started punching people in their faces. Could the bar that the drunk came from get in trouble for serving him too much alcohol? All but 8 states have Dram Shop Laws, which are the laws that deal with this issue. Indiana does have such a law. However, the bar is only liable if they served a drink to a noticeably intoxicated person. This is nearly impossible to prove. The person may have been noticeably intoxicated when he left the bar, but may not have been when he was served a drink. It gets even harder to...

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Porn pics of boyfriend sent to my cell, we broke up are they mine The specific copy on your phone is yours. However, if you copy the pictures to another devise or make prints, you have violated your exes copyright.

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IF SOMEONE FALSELY ACCUSES YOU OF DISCRIMINATING AND YOU DISCOVER THAT YOUR SUPERVISOR WAS USING THIS AS A WAY TO RETALIATE AGAINST YOU FOR REPORTING HIM TO HIS BOSS FOR UNETHICAL PRACTICES AT WORK WHAT SHOULD YOU DO? Your best course of action is to go to your bosses boss, and explain the situation. It is unlawful for you to be fired in retaliation, but it is not unlawful to fire you (or discipline you) for cause. An accusation, even if false, is cause. Most companies will try to avoid the appearance of impropriety by taking the boss (who you where a whistle blower on) out of the decision making...

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If a 16 year old girl has sex with someone over 18 willingly will cops do anything about it? It depends on the state and how much older than 18 the person is. For example, in Florida a person as old as 23 can have consensual sex with a 16 year old. In California, it is a crime to have sex with anyone who is a minor. The cops will only "do something about it" if a crime has been committed. So again, we need to know what state you are in to determine if a crime has been...

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Is it illegal in Florida for two minors to have sex? No. People tend to misunderstand what the "age of consent" laws actually regulate. These laws, generally, do not regulate the conduct of minors. Rather, they regulate the conduct of adults who want to engage in sex with minors. First, the direct answer to your question is that a 16 year old in Florida can consent to sex with anyone up to 23 year old (except those in a position...

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Anyone know where you can go localy to get a list of properties that are up for forclosure or a certain property that is up for forclosure? If you want the most complete list, you can pay one of the many Internet sites that report on the foreclosures. If you want a free option, but less comprehensive, you can go to any bank and request a list of their foreclosures. You can read the newspaper. When a lender forecloses, they must advertise the auction.

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My boyfriend spent last night in jail because of public urination. It was after 3 am by a bar while he was waiting for a cab and there was nowhere else to go. He had a bond of $800 and his court date is in Nov. What shoud he expect? (mo First, I agree with the other answer which said there must be more to this story. Your boyfriend did something more serious, or he did something to really piss of the cop. Urinating in public is usually just a citation and a fine. Also, how did he plead? If he plead not-guilty, then they would have to set a trial date and hear the case on the merits. As for whether it is legal to not...

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The breaks failed on my vehicle as a result of the garage failing to replace two bolts. We drove 100 miles with our kids in the vehicle before the breaks went. The garage has sacked the mechanic, can we sue the garage for negligence. That depends, what are your damages? Were you injured? Was your car damaged as a result of the breaks failing?

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I was sent a letter by an attorney stating that I have "no authority to keep" my copy of my son's birth certificate, that it is his "private property", and that he is "entitled to have it in his possession". Am I not entitled to a copy? I'm the mother. The birth certificate that was issued at your son's birth is your son's property. Are you entitled to an additional copy of the certificate? This depends on the state. In most states, the answer is yes, you can obtain a copy of his birth certificate (or the birth certificate of any descendent's). Note: This answer assumes your son has now reached the age of majority.

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Do your friends or family have the right to create a profile about you on social networking sights such as Bebo, Facebook, Myspace etc... without your consent? This question cannot be answered without more facts. First, if someone is making a profile about you on their page, and the statements made are true, then yes it is legal. Second, if someone is making a profile about you, and provides true information, or simply newsworthy information, that is also legal. Third, if someone makes a profile to impersonate you, that is illegal. And...

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If someone has legal information about u and they tell u they will not use the information as long as they get paid a sum of money from you, isn't that extortion? The other answer is partially correct. It may be blackmail (see below). Extortion requires color of authority and an actual relinquishment of cash or property. Thus, if a person of authority merely demands property, but does not receive it, that is not extortion. I said above it MAY be blackmail, because this depends on what "legal information" you have. If you are demanding...

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Hypothetically speaking, could the sweat from a sock tell a scientist/investigator what YEAR the sweat was produced or when? Yeah. If there is sweat on the sock, the sweat was deposited within the last few hours (maybe days depending on conditions). This is because sweat evaporates. However, there is still residual material that can be analyzed after the sweat evaporates.

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Should the government be using your money to insure the bad loans of mortgage companies? NO, but the question you should be asking is whether or not the government should bail out the insured? AIG's stock price has tanked and the shareholders are screwed whether the buyout occurred or not. The CEO's are in the same position whether or not there was a buyout or not. Thus, the only question left is do you bail out those insured through AIG, or do you let AIG file...

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WHAT IS THE FASTEST WAY TO GET THC OUT OF MY SYSTEM? THC is stored in body fat and metabolized by the liver. Thus, your best method is to not smoke pot. But if you insist, the quickest way you can clear your body completely is with a simultaneous total blood transfusion, liposuction, and liver transplant. But make sure the blood and liver does not come from a pot smoker.

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What do i do if i am falsely accused of stealing money? My dad used to have a saying: "Don't get blamed for something you did not have the pleasure of doing." I would probably just ignore the accusation. However, if you were more spiteful, you could steal money so the accusation is no longer false.

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If a buyer and seller of real estate have a option contract to buy for a specific price and the buyer tries to verbally make a lower offer on the property, then mails an acceptance of original price during the time allotted in the option, is option valid Yes. An option is a separate contract that you paid consideration for. A counter offer will extinguish an offer, but we do not have a counter offer on the facts provided.

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My 16 year old daughter was arrested for possession of marajuana the police arrested her at 11 o'clock and if her friends mother didnt call and tell me @ 12 i wouldnt have know arent they suppose to call and tell the parents we live in ny Not really. The police need to contact you if they plan on questioning her. And they police would have called you after she was done being booked. But you cannot expect to receive a call an hour after the arrest. It could take several hours before your daughter was through the booking process, and they identified who you were.

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In Germany a child of divorced parents can sue the father for her inheritance before he dies. Do you think this is a good idea? I am willing to bet you have misquoted the law. You do not have an inheritance until a person dies. A person could die with no assets, in which case there is no inheritance. Thus, you cannot determine what the inheritance will be, if anything, until death.

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My mother inherited a home fro her deceased aunt. My aunt’s “friend” is also a beneficiary and executor. He inherits the cash balance of an investment account. He is now attempting to charge her for her portion of the estate tax. Is that legal Yes. The operative words being "HER PORTION."

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My sister had my mother put some kind of a lock on her will saying that no one could see her will unless my sister said so. There are 6 of us, and not any of us has been able to see the will. Is there anything we can do? I am assuming that your mother is still alive. If so, then no, there is nothing you can do. Your mother has the right to not show you her will. Once she dies, her estate will be probated, at which time you will be able to see the will.

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What is the Statute of limitation for contesting a divorce in the state of Illinois? You seem to misunderstand what a statute of limitation is. A statute of limitation is the period in which you can bring a lawsuit, or the period in which the state can charge you with a crime. A divorce is a lawsuit. Thus, you contest a divorce by filing an answer in the divorce proceeding.

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What can you do if a prosecutor refuses to consider giving credit against a sentence for an offender who spent 98 days in rehab? Prosecutor sentenced her to 6 months in jail to begin serving after rehab. Can a judge override the prosecutor? A prosecutor cannot sentence a person. A prosecutor only recommends a sentence to the judge, who accepts or rejects it.

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HOA has old Covenants and By-laws on file with the County of Thurston. New By-laws were voted on four years ago but never filed. Which copy do we go by legally? This depends on your state. A covenant is binding in many states if you have notice of it. The importance of recording it is to create record notice of the covenant. Thus, if someone bought property in the HOA, was not told of the new covenant, they would not be bound by it. Other states require the covenant to be filed. In those states, you are bound by what is filed. Bylaws are...

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I was evicted from my apartment, I thought it was an unfair eviction and the regular land lord was in the hospital when this all happened an when she got out after I went to court, she told me this but it was to late, the courts let me until 10/1/08 First, your question cu off, so we don't know what your question actually is. But you say it was an "unfair eviction," but do not indicate if it was an illegal eviction or not. America, generally, is a land of rights, and those rights extend to all citizens (including landlords). Moreover, there is no general law that requires a person to be "fair." So if the...

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What and where can I find the laws that pertain to business record retention? Such as customer invoices, vendor bills etc. There probably isn't such a law, but if there is it would be in the Colorado Revised Codes. You can search through them here: http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp= Most states do not have any laws requiring a business to keep invoices or bills, as a general matter. If the business is a corporation, there is likely record keeping requirements...

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Has Congress's failure to hold Karl Rove in contempt led to other politicians like Sarah Palin show contempt for subpoenas and the law? Of course not. First, Karl Rove legitimately claimed immunity. Your question erroneously presumes that the legislative branch is somehow superior to the executive branch, which is simply not the case. A district court has now ruled that a senior aid does not have immunity. So now Rove must either testify, or appeal the decision. In either case, he is not showing contempt for the law....

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My neighbor has a very large tree proabbaly 75 feet tall. During high winds-a huge branch broke off, but is hanging caught by another limb. It is hanging over our property now-who is responsible to pay to have it cut off. Her home is also up for sale. First, nobody is responsible to have it cut down. However, I think what you are asking is "can the neighbor be held liable if the limb falls and damages your property"? In most states the answer is that it depends. You are only responsible for damage if you did something wrong that caused the damage. For example, if the wind had knocked the limb down and it damaged your roof,...

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Is it legal for a lawsuit to be served by a courier instead of a deputy sheriff or an officer? Process rules vary by state, but most of the time the answer is yes. In most jurisdictions anyone can serve process as long as they are over the age of majority and not a party in the case.

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According to US Laws, a minor who is born abroad with one parent who is a US citizenship can automatically become a citizen. Is that minor eligible to run for the office of President of United States? First, if you are asking this question in regard to Barack Obama (who some claim was born in Kenya), the answer is no. In order to be President, you must be a natural born citizen. The law at the time Barack was born was clarified shortly before his birth. The case was Montana v. Kennedy, 366 U.S. 308 (1961). It provided: A person born in 1906, whose mother was a native-born citizen of...

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Why is it impossible for trust recipients to get help with enforcing their rights, much less questioning a trust in court? I talked to hundreds of lawyers, all rude, and none would help though I had a good case some even told me. More facts are needed. If you have a valid legal theory and are willing to pay the hourly fee, any lawyer that specializes in trusts will take your case. However, if you do not have a valid legal theory, then the attorney cannot take your case. If the lawyer is not competent in the area of law, then the lawyer cannot take your case. Please give more facts about your dispute and what the...

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Can a custodial parent deny visitation to non custodial parent if the child refuses to go Not without first getting a court order.

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I recently traded my lease vehicle in on a New car, I have had it for 3 weeks now. I have not paid taxes on the vehicle yet. It is already having engine problems with less than 1000 miles. What can I do? Am I Obligated to buy? Can I do not understand your question? You ask "am I obligated to buy," but it sounds like you already bought the car. The new car will certainly have a warranty, so you can get it fixed under that warranty. Most states also have a lemon law, which states that if you have numerous problems (details vary by state), you are entitled to a new car. However, you always have to let them...

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What agency or bureau regulates HOAs for the State of Delaware? The Secretary of State. An HOA is simply a business, and is most often incorporated.

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If someone has 10,000 <--- (thats not the amount they would have to pay i dont know how much it is for the bond.) bail for a warrant but cant afford it and has to serve time..how much time do you think they will serve? please help me :( i miss my brother. Bail has nothing to do with guilt or innocence. Bail is simply collateral to ensure that the person shows up to court. If you cannot pay the bail, you are held until your trial is over and you are exonerated. If you are not exonerated, you are held until you finish your sentence (although the time spent waiting for trial is counted toward the sentence if you do not make bail).

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Light is red, turns green. First car moved, Second bike moved little late, stopped after 13 feet into the intersection. My car moved, sun's bright, couldn't see, hit the bike at 2 mile/hr. Cop came later, gave ticket Following Too Close. Can I fight this It is your Constitutional right to fight the ticket. However, if you are asking if you will win, the fact that you hit the bike will make that rather difficult.

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Does the word dispense imply that a sale has to take place... or can a dispensary operate under this title without a receipt of income? If you are looking for common parlance, "dispense" is merely the act of distributing something (usually prescription drugs). However, if you are looking for the meaning of the word in reference to a law, you need to look up the law. Most laws provide a definitions section to avoid confusion.

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What is the difference between homicide and murder? If there isn't any, why use both words? Why is it even there? Homicide is merely the act of killing a human. It is not necessarily a crime. Murder is a legal conclusion. It is a certain type of illegal homicide. For example, when a medical examiner determines cause of death, they may determine that it was homicide, which only means that the person was killed by another. That does not necessarily mean that the killing of the person was murder. The...

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I am charged with 2nd degree assault but was not arrested that day because evidence pointed to self defense 4 days later i was arrested because the person lied to the county attorney....who has to pay my lawyer fees if the court decides it was self defens If you are in America, you do. You can get a public defender if you truly cannot afford an attorney. You can request this with the court, and they will look at your finances to see if you can afford one.

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I'm about to move into a house I am renting, and nowhere in the lease that I signed does it specify that the house is a non-smoking house. Does this mean I can smoke in it? Yes. However, when you move out, your landlord can keep your deposit and collect any amount it takes to remove the smell and repair any damage. Removing the smell of smoke usually requires painting all the walls and replacing the carpet.

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These legal Aid people that are adverised to help you are they legitimate? i may have the wrong name they could be called something else. They claim you pay them monthly.Are there services as good as regular attorney? You are probably talking about "pre-paid legal." The question as to whether or not it is worth it depends on your needs. Note that this is really just an insurance policy, and not a very good one at that. The average person does not consult an attorney regularly. Thus, most people would be better off just putting the same amount in a bank and having it when they actually...

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My fiance and I are not married and buying a house together. How can I be sure that when he dies, his ex-wife cannot get the house? Purchase the house as joint tenants. Joint tenancy has a right of survivorship. Thus, once the other joint tenants die, the whole property immediately conveys to the other tenants. Anyone can hold property as joint tenants, although this is the most common way.

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For you or me, wouldn't refusing a subpoena mean jail time? CNN~Aides to Gov. Palin won't comply with subpoenas issued by state lawmakers investigating the firing of Alaska's former public safety commissioner because Palin "has declined to participate." It depends. First, you are referring to a legislative subpoena, which often has very different rules than judicial subpoenas. Second, there are some circumstances in which you can refuse to testify. For example, in California you do not have to take the stand in a proceeding against a spouse. In government, there are many immunities which could excuse certain officials from testifying.

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Can an Attorney sign legal documents and file them for you without your knowledge? Although an attorney does have an ethical duty to keep you informed, what you described is what an attorney does. When you hire an attorney, the legal strategy is generally left up to the attorney. An attorney will often file documents with the court without your knowledge. That is what you hired him to do.

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Why do you have to pay such high taxes when you die? Because Democrats are in power.

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What if the illegal immigrant that I am about to marry does not want citizenship but just the right to work and earn a living? what are his options? Well, he can go back to his home country where he has the right to work and earn a living.

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My neighbors tree had a large limb break during the recent storms-it did not fall because it is caught on another limb-however it ishanging over our privacy fance and driveway where our car is parked if it falls who is liable? Nobody. In order to be held liable, you must do something wrong. Your neighbor did nothing to cause this situation, and you are aware of the problem and still parking your car under the limb. Thus, your neighbor is not liable because he did nothing wrong. You are not liable because you have no duty to fix your truck.

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Is it wrong to kill someone if it would mean saving three other people? It depends on the circumstances. Consider the following: 1. You are the switchman on a train. The track to the left has a baby on the tracks, the track on the right has a bus full of kids. Which track do you direct the train to? 2. You are a doctor with three patients who will die if you do not give one a heart, one a lung, and one a liver. It turns out that another patient (who is...

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Is it illegal for the home office of a store to give the store you complained about your personal info therefore leading the person you complained about the way to call and harass you? Of course not. In fact, this is common practice. Your local store is in the best position to investigate your complaint and makes things right.

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My husband and I just moved here from out of state and signed 12month lease. My job didnt pan out and we have to move back home. The rental company made me sign a break lease knowing we are still responsble and we are out of money, what do we do? Keep paying your rent and hope that the place re-rents quickly.

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What are your thoughts about the police in the U.S. arresting a record 870,000 people last year on marijuana violations, an average of nearly 2,400 people a day? Well, it shows that the cops are doing their job, and there are a lot of people who break the law.

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If y = 3, then y3(y3-y)=? 54

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If I signed off on my ex's pension when we divorced and he is now deceased can I qualify for his pension? Um, NO.

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Can you cut your child out of your will completey? Of course. You can give your property to anyone you want to. However, you don't actually want to cut the person out of the will. What you want to do is include them in your will, and indicate you leave nothing to them.

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My ex husband is now married. What if he quits his job and lets his new wife support him? Would he then be required to pay less? Do the courts consider only his income or his whole family's income? Both, but his wifes income is only considered as an offset (I am assuming you are referring to alimony). If they find he is not working merely to avoid alimony, then they will base alimony on his earning potential. If they find that he is not working for a legitimate reason (e.g. his wife makes more and someone needs to watch the kids), then they will consider his ability to pay based on...

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My ex's name is on the title and mortgage of the house only, not mine. I have paid everything(mortgage payments, closing costs, down payment) all on my own and have proof of such. is there anyway to get any part of my money back? Maybe. This depends most on what state you live in and how long you were together? First, if your state recognizes common law marriage, you may qualify as being married at common law since you are living as husband and wife, even if you are not. Second, there are many legal theories in which you may be entitled to recovery. In many states you can sue under a quasi-contract theory. You...

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What is the difference between Homeland Security and National Security? Nothing. The department of Homeland Security is the U.S. department in charge of national security.

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The US Coast Guard captured a boat with a large amount of cocaine in international waters yesterday. If it's in international waters, does any country have jurisdiction to arrest the people for drugs or confiscate the cocaine? Yes. There is a specialized field of law called "maritime law" that deals with this situation. The law derives from a series of treaties.

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Is it legal for someone to record a conversation on an airplane without the recorded persons consent? And can this recorded conversation be used or disclosed in court? Most likely. Although your question raises an interesting question that I would have to research to give you a definitive answer. First, laws vary by state on this issue, but the activities on an airplane are highly regulated by the federal government. Thus, the answer could depend on what state you were flying over at the time of the recording. Or it could be preempted by federal law....

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When is a court opinion considered precedent? There are three requirements (in the U.S.): 1) The decision must be from an appellate court. 2) The decision must be from the same court, or a higher court within the same judicial system. 3) The decision must have been certified for publication.

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In Florida, how do I drop battery charges against my ex? He didn't truly hurt me and I didn't understand what "prosecuting" someone meant. The police didn't explain it to me either. Will I get charged for "lying" even though it was an uneducated decision? Do you really think asking the same question over and over is going to make the answer change? A battery is any harmful or offensive contact. There does not have to be any marks. You do not have to be hit. Moreover, the decision to prosecute is not up to you. Even though you may want to run back to a guy who acted in a way that resulted in the cops being called (even if he did not cause...

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Can a felon become a police officer? The answer is yes, but it is unlikely. Each state/county has their own policy as to what crimes will disqualify a candidate. Usually, a felony will disqualify you on the basis that a convicted felon cannot own a firearm, which would make it impossible to be a cop. However, you can get your right to carry a weapon reinstated. A summary of these requirements can be found on the websites...

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I want to drop battery charges against my boyfriend. However, he never hit me-only restrained me, as I wote on the police report. Can I drop charges and how? First, restraining you is battery. Second, the decision to prosecute is up to the state or county. A person who commits battery on others is a harm to society, even if you don't think he should be charged.

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How hard is it to convict someone of rape in the state of georgia? That depends on what evidence you have.

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I went to court on traffic ticket and I asked to see record log of calibration on radar. Judge stated that I must make this request prior to going to court and was not required to provide this. Do you have a question? Of course you have to request documents/evidence before going to court. It is not the job of the opposing side to prove your case for you.

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We employed someone to start work on May 1 at a resort, but she went over early on her own, fell and hurt her back. She wasn't covered under work comp at the time as it was prior to May 1. Also, this was 18 months ago. Does she have a claim now? She does not have a workmans comp claim because she was not working. However, she could still have a claim against you based on a negligence, or other tort theory.

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Do you really think anything on the internet should be blocked for being offensive? Even here on AB, shouldn't we have the right to free speech? How can I Possiably physically hurt somone on the internet, inless they gave me the information to do so? Your 1st Amendment right to freedom of speech (like all Constitutional protections) only apply to your relationship with the government. If the government wants to censor your speech, the answer is no, they should not be able to. However, private individuals have every right to censor your speech if you are attempting to speak in their forum. If you are in my house and start using...

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What does the word 'guarantee' imply in legal parlance? A promise to pay the debts of another. However, it is common to see the term in sales contracts, and can be interpreted (if it was the intent of the parties) to be a warranty.

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Do I infringe copyright laws if I sell prints of an Elvis painting that I created myself? If you created the painting yourself (and did not copy another picture or painting in the creation of that painting), then NO. You are not violating copyright law. However, you could be violating Elvis' right of publicity.

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A friend was living in our house. She signed no lease. There is actually no tangible proof that she ever lived here. She left a lot of her belongings at our house. They have been here over a month. When do I have the right to throw them away%3 You write: "There is actually no tangible proof that she ever lived here." But then you write: "She left a lot of her belongings at our house." Those belongings would be tangible proof that she lived there!!!

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Do you have a registered trademark to your name... i was thinking about registering a phrase and i want to know how it has worked out for others... thanks? What goods did you plan on using the trademark on?

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Can the defendant file for a "Motion to Dismiss" in a criminal case if the defendants discovery is lost and have been lost for the last month? Also should the defendant counter sue the allegied victim or the state? You can file a motion to dismiss for any reason you ant, but it will not be granted if your basis if you lost your own evidence. And you cannot sue the state for charging you with a crime. You can sue the prosecutor if he filed the case for an improper reason, but this highly unlikely.

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Does Obama really have citizenship status in Kenya? Maybe, but probably not. First, another answer says--citing factcheck.org--that Obama is not a Kenyan citizen because the Kenyan Constitution does not permit dual citizenship. This is accurate (see http://www.kenyaspace.com/Kenya%20Constitution12.htm). However, this ignores the actual arguments of Obama opponents. Obama opponents argue that Barack was actually born in Kenya, and then...

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Can I legally record meditations on a cd for my students that are in a book originally copywritten in 1938? The meditations were taken from verbal talks by the author who is no longer living. Is there a time limit on a copyright? Probably not. Under federal law in 1938, a copyright lasted for 28 years and could be renewed once for another 28 years. This would have meant that the copyright expired in 1966 or 1994, depending on if it was renewed. However, in 1992 the copyright act was changed extending the total term of the copyright to 95 years. This means that the copyright will not expire until 2033. Of...

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A guy goes on trial in Indy for killing a 6yo girl (stray bullet) who was laying on a couch in her father's home. His attorney says he will claim self-defense. Is that crazy, or what? Can he get off with that plea? (See link for the story) If he was acting in self defense, or the defense of others, then he would be not guilty. We only punish people criminally for acts that are intentional, or so highly reckless that they should have known that they would have caused harm. A killing that occurs while legally defending yourself does not fit this category.

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I had a credit card that I didn't pay. Last activity pmt/charge 3yrs. They sued & won. Then went back and got a "transcript judgment". I have no wages to garnish/no assets. Does the statute of limitation start all over from that date? No. The statute of limitations (SOL) is now irrelevant. The SOL is simply the amount of time a person has to file suit. Some states have limits to how long a judgment is good for, but usually those limits can be extended just by filing a motion to renew the judgment. The first law firm I ever worked for was a debt collection firm. You would be surprised at how many people owed a couple...

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My stepdaugther lost her fiance to an auto accident just over a year ago. She got $40,000 life insurance. He mother in less than 6mths. borrowed (if you will) $10,000 and hasnt paid any of it back? What can we do? Small claims court when your broke ishard Can the mother pay it back? Even if you sue and win, a judgment is just a piece of paper. It is only worth suing if you can actually collect. Small claims court is probably best option (depending on your state). There is usually a limit of $3000-$5000 ($7500 in CA), so you will lose out on some of the money. However, hiring an attorney to sue for more will usually cost you even more.

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Can you appeal a child support order and if so how long after the decision to do so? As a general matter, yes. However, you need to be able to show legal error in order to win an appeal. In other words, you cannot appeal a decision simply because you do not like the result. Rather, you need to be able to show that the judge made a mistake which would have changed the outcome of the decision. You can file a motion to change a child support order. In most jurisdictions,...

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If I had power of attorney for my just deceased father who died without a will can I somehow use it to settle ongoing family disputes and distribute his property the way I think he would like? Nope. Your power attorney ended once your father died. Now it is up to the probate court to distribute his assets.

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What is the best way to fool a breathalizer test? There is no best way. Old Breathalyzers could be fooled by placing zinc/copper in your mouth before blowing. Of course, this is only possible if you could slip it in without the cop noticing. However, modern breathalysers cannot be fooled in this way.

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Why does MADD stretch the truth? Just listen http://www.sunjambooks.com/DAMM Do you mean "why does DAMM" (your source) stretch the truth? According to the NHTSA, 31% of accident fatalities occur because of impaired drivers. ...

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My brother has a 2 year suspended sentence without probation. He got caught shoplifting $30 worth of merchandise after receiving the sentence. He's being charge with a misdemeanor, is he going to have to serve time? If he is convicted of shoplifting, then yes.

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If a military man retired after 20yrs divorces his wife in Texas and she is receiving 43% of his retirement and she then remarries, is she still entitled to keep on getting her portion of her ex husbands retirement after marrying another service member? Yes. The retirement is the spouses property. It is no different than a spouse being awarded the house in the divorce. Just because that spouse remarries does not mean that she has to give the house to he other spouse.

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Is it a law in indiana that a tenant gets a grace period in which to pay rent? A landlord must give a 3 day notice to pay or quit before evicting. Although this is not technically a "grace period," I suppose you can consider it one. Of course, you can still be held liable for damages for your late payments.

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Do wills have to be registered with probate if it is not contested? And can someone contest the will 18 months after death? Yes. Wills must be probated so that creditors get paid.

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Can an employer delay paying an invoice for on going work? I have been working for them for 9 months, submitting an invoice every two weeks. I was told invoices were paid on the 1st and 15th. And now that they can delay that by 15 to 30 days. legal? First, if you are submitting an invoice you are most likely not an employee. You are probably an independent contractor. As an independent contractor, you should get paid according to the terms of your contract.

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In AZ, if I buy a new car and resell it immediately for a profit, can this be done without both parties paying sales tax? Yes, but it requires that you become a dealer and obtain a resellers license.

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When going to court on a bill and the collection company sends no one to represent them and the judge still lets them win is that legal? Also does the collection company have a right to come after all monies even though I have NEVER received any bill . Your question is a bit unclear. First, what do you mean by "sends no one to represent them"? Do you mean there is no attorney but someone from the agency, or do you mean there was no attorney and nobody from the agency? With the exception of corporations (and sometimes LLC's), a company can represent themselves pro se. As for your second question, the answer is yes. They...

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Define a "Tenants in Common" deed according to Pennsylvania state real estate law, please. When you hold property as a tenant in common, you own an undivided percentage of the property without a right of survivorship. What this means is that each owner owns a percentage of the property that they can freely sell, but each owner has the right to possess the whole property. Tenants in common is the most common form of property ownership, especially for non-married couples.

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How can OJ Simpson be found not guilty in a criminal trial, but guilty in a civil trial? The burden of proof is lower in a civil trial, and you usually need a unanimous decision in a criminal trial, but not in a civil trial.

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Since the copyright date at the bottom of this page is 2007, does that mean the entries in 2008 are not copyrighted? No. Even if there was no copyright date, the material would still be copyrighted.

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What is "false light invasion of privacy?" There was an article in the morning paper about a woman is suing a sheriff's deputy for this. False light is similar to defamation, but unlike defamation, you can sue for purely emotional harm. With defamation you can only sue for pecuniary harm. False light is when someone publishes information about you which is false, or technically true but presented in a way that would mislead the audience into believing something that is false.

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My husband and I have been married for 5 years, but 2 years ago he was diagnosed with cancer. He immediately wrote ut his will. He has made his grown daughter from a previous marriage executor even tho he gave her up for adoption. Can I contest the will? On what grounds do you want to contest it? You cannot contest a will just because you did not like the decedents wishes.

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My child was attacked by another child and sustained injuries? Can I sue the parents? How was the attack the parents fault? Your child could sue the child who attacked him. In some states the parents are vicariously liable.

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Is it legal to use power bills(only) to get a search warrent to search someones house for a grow room? No, but it is usually easy to get more corroborating evidence once you have the power bills.

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Under what circumstances can the police tap your phone? i would like to know as much as possible....like what laws your have to break for them to be able to tap in. whats legal tapping and whats illegal. anything else you guys know would be helpful. First off, everyone who said that under the Patriot Act, law enforcement does not need a reason to tap, needs to read the Patriot Act. The Patriot Act does have some provisions dealing with wiretapping, but it does not get rid of probable cause. Most notably, the Patriot Act allows "roving wire taps." This simply means that law enforcement can now get a warrant that attached to...

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Can my employer make me fix a mistake on my free time? What do you mean by "free time?" Are you hourly or salary? Are you asking if your employer can have you do work without paying you for it?

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If it were chemically impossible to become immune to drugs, would there be less addictions or more ODing? More or less addictions than what? I have never heard of anyone being immune to drugs. Thus, for all intents and purposes it is "impossible to become immune to drugs." Thus, we would expect to see no change in addiction or overdoses.

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If you write a "c." with a circle around it, will it serve as a temporary "copywright" thingy? What do you mean by a "serve as a temporary copyright thingy"? The © symbol is simply not needed today in America. At one point you had to include the symbol (or other indication of copyright) in order to claim copyright protection. However today, you get copyright protection as soon as you afix your work in a tangible medium, even if you do not use the © symbol.

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Is a verbal agreement binding when you have agreed on the price, given seller money for a test on the animal, and have several witness's to this? How much is the sales price? If it us under $500, then yes.

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What does pledge no contest in the court room mean in detail that we understand. A no contest plea is the same as a guilty plea, except the conviction cannot be used against you in the future. For example, suppose you got in an accident that injured a person and you received a reckless driving citation. If you plead guilty to reckless driving and are later sued by the injured party, that party will have no problem proving culpability because you had already admitted to...

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Do business need to pay time and a half on a federal holiday. Nope.

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I run an organization that started in 2005. We recently informed that another organization trademarked our name in 2008. They started in 2003. There is at least 1 other organization in the US using the same name. What recourse do we have? That depends on many factors. Are all the organizations in the same line of work? Do they compete in the same markets? Do they make the same types of goods? Today, trademark law is mostly federal. However, many states still have their own trademark law as well. Thus, your trademark is most likely protected in your local market, but the organization that filed in 2008 has now put the...

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Does anyone agree that children from divorced families should be protected under the inheritance laws, so that, children from the first marriage may be equally entitled to a share of the inheritance as children from the second? Yes, and that is why this is the law in most (if not all) states in America.

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Can I legally record meditations from a copyrighted book that I use in a workshop? Can I record them if I reference the author and book I am reading them from without violating copyright?Can I sell at cost More facts are needed. If you are using the copyrighted material purely for educational purposes, you are okay. However, it sounds like you are making a derivative work of the copyrighted material, which would be copyright infringement.

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When the USA and UK are supposed to be bastions of equality, why are the inheritance laws so unprotective and unequal towards offspring? They aren't. In fact, if a person dies who is not married, the offspring gets everything. If a person dies with only 1 or 2 kids, the offspring and the spouse each gets an equal share. What is unequal about this. Note: My answer refers to U.S. law (which varies by state), and not UK law.

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Is it legal for creditors to charge a fee for payment over phone in Colorado? Yes.

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Can a landlord ask for a second deposit after the tenant had moved in? Yes they can. However, I think your real question is are you obligated to pay it? The answer to that is it depends. If you changed the terms of the lease, he can require additional security. For example, if your landlord is now allowing you to have dogs, or bring in a new tenant, etc.

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My boyfriend wants to get married, he owes $15,000 of backpay on Child Support. I owned my house, car and work. My boyfriend is self employed and does not claim Income Tax. If I marry him, am I going to be responsible for his child support? This depends on the state you live in. If you live in a community property state the answer no, but they can go after community property to pay the debt. Thus, they could take money from your wages, but only because that money is not yours, but the communities.

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If a phone company has a monopoly in an area, are they required to offer the same services as other companies in the area such as highspeed internet? Generally no. But they are regulated as to price and services. However, with todays wireless technologies, it is rare that a company has a true monopoly.

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In Colorado, a new amendment (#48), is now active that states that a fertilized egg will have the same rights as you and me as US citizens. This could ban birth control pills, and many other basic reproductive rights to women. What do you think? First off, you should not believe all the scare propaganda and look at the law objectively. There is nothing unconstitutional about the Amendment on its face, thus it would most likely not be struck down. If the Amendment was used to try to make it a crime to abort a non-viable fetus, that law would be struck down under current federal law. Also, arguments like "amendment 48 will...

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My son keeps asking me when he'll be old enough to chose who he wants to live with all the time..mom or dad. Does anyone know? In most states it is 18, but some states it is 19-21. Most states will give a child wishes some weight before age 18, but no state gives a child a choice. This is for good reason, by the way. Most children would choose the place that is not in their best interest.

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If I wanted to start an online coalition to legalize marijuana in the US. How should I begin and how would I make people see that I am legitimate man with concerns for our nations welfare, and not some retarded teenager. If you have legitimate concerns for our nations welfare, you would be against the legalization of pot.

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What is the texas law regarding quiet times in neighborhoods..my neighbor beeps her horn every morning at 6:49am waking me up., I work evenings I mentioned state law forbids calling a house or knocking on a door between 9pm and 9am. What state law forbids knocking on a door between 9pm and 9am?

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Does a landlord in TN have to have a reason for requesting the tenant, who is on a month-to-month, to move out? No.

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Can myspace mail be used as evidence in court of someone saying anything? im wondering because i know u can go in and write were someone replies Yes, if it can be authenticated and fits within a hearsay exception.

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If you are an Exempt (Salary) Employee can your employer make you work on the weekedn if you have already worked a minimum of 40 hours for the week already? Yes, and you don't get paid any extra for it either.

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Was heroin ever legal? Everything was once legal. In America, everything is legal except that which is specifically made illegal.

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I want to use a photo from a website for a local school's website (see ref page, second from the bottom). I sent an email asking for permission, but I'm not sure what to do if I never get a response. If you use the image without getting permission you are violating the owners copyright. If you sent the owner an email asking permission, you have now put her on notice to look for your infringing site. However, whether or not she will actually sue you is up to her. The only time you can use someone else's copyrighted work without permission is if your use is related to your first...

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Can the final divorce judgment be changed in the future? There is a reason why they call it "final."

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My car was repoed about 2 yrs ago from a auto shop and i was never sent any letters that a repo would take place can i fight the finance company Yes, if you were all paid up on your loan and they repoed the care anyway.

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If you had an accident,and it has now left you disabled, can your employer tell you not to come back to work because they feel(assume)you will not be able to perform the job?Your disability is-can't bend or lift heavy things.Your job is HR Recruiter.Texas It depends? Were you injured on or off the job? How badly are you disabled?

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My son was in gym today and a child came up to him and wipped blood on his brand new shirt. and ran off. because this is blood and there is blood born pathagens that can be passed is this a assult in ky, and should he have to pay for the shirt. In most states this is a civil battery, and sometimes a criminal battery. However, in Kentucky it is not a criminal assault or battery. It may be a civil assault or battery (I am not sure because I do not know Kentucky tort law). If I kept searching I probably could find a criminal law that was violated, but the answer to your question is no. Assault in Kentucky requires a physical injury.

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How long after a death by vehicle accident can a family have to investigate & file criminal charges against another person? Generally, a family cannot file criminal charges. That is the job of the DA. Moreover, if it was an "accident" then there is no crime. However, you can sue the driver civilly.

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Can you be fired before the date you are released to go back to work even if you're on short-term disability? Yes, so long as it was not because you were out on disability.

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A friend has obtained a trailer from a someone who is now in jail. He's recently found out that unless he comes up with the back taxes owed by the prior owner that he will lose the trailer. Isn't the prior owner responsible for the taxes? Yes, the original owner is responsible, but if he does not pay, the remedy is to take the trailer and sell it.

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How do i go about getting visitation rights to my neice and nephew? The mother is 19 years old and she does not have a job, liecence, permit, or high shcool eduacation, and plans to live with her mom and step father for the rest of her life? You provide evidence that the mother is unfit, and hope the state intervenes.

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DOES THE CONSTITUTION STATE THAT MARRIAGE IS ONLY BETWEEN A MAN AND A WOMAN? What Constitution? If you are referring the the U.S. federal Constitution, then no.

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Can a spouse sign over land as a collateral without the other's signature with the title in both names? Generally yes, except if the land is held as a tenancy in the entirety (which is only recognized in a handful of states). Also, in some community property states a spouse can void the transfer of an interest if done without consent. When two people are on a title, there are two separate property interests. A person has the right to alienate their interest. A spouse cannot alienate the...

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Should photos taken of people in compromising situations ever be used in a court of law (assuming the photos have no direct bearing on the case)? Yes. If they have an indirect bearing on the case, then they are relevant to proving the case. If they have no bearing on the case, then they should b excluded.

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When you resign from a job, are you required to give the 14-days notice by law? No. You may have a contract or CBA that requires you give two weeks notice. In that case, if you don't, you could be held liable for breach of contract. Otherwise, the two week notice is just a custom.

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Hi my girlfriend owns the appartment we live in and we wish to add my name to the lease. Which is the best way to do this and how much would it cost? What do you mean? If your girlfriend owns the place, then she would not have a lease. Are you asking how your name can be added to the title of the property?

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Are Employers allowed to discuss an employee's appraisal with another employee? Yes. Employers may also post the appraisals of employees as well.

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Small company less than 10 employees, what is required of the employer prior to letting employees go? The exact law will vary by state, but all that is required in most states is you give the final paycheck immediately (or within 24 hours in some states).

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I rented a room in a house that I own. The tenant's "friend" wrote a check for his deposit (no contract between me and the tenant's friend). He moved and defaulted on the rent. She is taking me to small claims court for the deposit. Does she have a claim? Who is "she"? Your tenant or the friend? If it is the friend, then NO. If it is the tenant, then maybe (we need more facts).

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I was rear ended at a red light. The other driver was on a cell phone when she hit me. I received neck/shoulder/lower back injuries. Medical bills/lost wages came to a little over $6200, insurance offered $6000. Lawyer says it's a good offer. I don't. It really worth the fight for an extra $200?

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I sent a package to nigeria from amarillo, texas, paid 63.00 to mail this package and package was returned to me, can i get a refund? package is still in marked with all postal information and i have the receipt. Why was the package returned?

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My dog chased and then attacked a neighbor's dog who had ventured onto my property. However, the attack took place on my neighbor's front lawn. The local sheriff took a report and noted no serious injury had occurred. Can my neighbor still sue me? Yes, if they suffered an injury. "[N]o serious injury" is not the same as "no injury." Since your dog was not restrained and the attack happened on your neighbors yard, you certainly have some culpability.

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I just avoided my car being repossessed, but my bank says i have to pay an 800$ repo charge for my car when they didnt even get it, so I cant bring my payments current. I live in ny and they dont know where my car is and i cant pay the fee Do you have a question?

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I was discharged from a job stated due to the slowing economy, and was given a letter of recommendation from high up managment. Once I went to look for jobs...I was unemployable cause they bad mouthed me. Is this legal even w/ letter of recommendation? Who is they and how did they bad mouth you? It is legal for an employer to say negative things about you so long as they have a reasonable basis for believing the statements are true.

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I recently fell at work and the workman's comp carrier is denying the claim because I was not not at any greater risk than the general public. My injury requires surgery. I was only in that location because I was helping a customer. Is this legal? Workers Comp law varies by state, but the law stated by the insurance carrier is the law in many states. Workers Comp is not there to cover all harm that happens in the workplace. Rather, it is there to cover harm that was incident to the job. Just because you fall down at work does not mean your employer is automatically responsible. You must have fallen down as a result of something in...

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Howe long after deposition dose the opposing counsel have before he has to make a decision on ether settling or going to court Anytime before the trial date (if it has already been set). Many cases settle on the courthouse steps the day of trial. You can always make a settlement offer yourself.

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When a school bus driver has thier school bus stolen and totalled (by their own child) what is their responsibility? Do they have to pay full replacement cost for the bus or blue book value? This varies by state and how the bus was stolen. The general rule is that a parent is not responsible for the torts of their children, but some states have altered this by statute. Thus, if you live in a state that follows the general rule, you are only responsible if your negligence allowed your child to steal the bus). If you are responsible, the measure of damages is the value of the...

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I just found out that the Paralympic Games are currently being held in Beijing. Is it just a coincidence, or are the Paralympic Games automatically also held where the Summer Olympics have been held? The are always held following the Olympic games.

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What is the proper way for a HOA (California)to mail ballots and request a vote on something? Whatever way your governing documents say.

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Would you sign a petition in favor of a bill to pass legislation banning all public media advertisements of prescription medication? No. It is important to have public awareness of medical advancements. If you were not informed of your medical options and could not ask your doctor about that new heart disease medicine (or whatever). If you could not ask about that medicine, how would you know it exists. For those who think the choice should be 100% up to your doctor, my response is your view is short sided. How do you...

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Is downloading an e-book you found online for free a form of piracy?I love reading e-books but I'm afraid to download free ones because it seems like I'm not paying the author/illustrator/editors/publishers etc... It may or may not be. There is a lot of free, and legal, media on the web. There is also a lot of pirated media.

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I have a past due account that i havnt paid on since 1999. in 2007 a judgement was entered against me. even with the judgement is this still past the statute of limitations or am i stuck with it 7 more years? The statute of limitations is the time in which they have to bring suit. The fact that they got a judgment shows that they filed in time. Judgments usually last for 10 years and can be renewed one or twice. Thus, this could follow you for the next thirty years. Of course, now that they have a judgment, they can seek involuntary repayment methods. Expect your wages to be garnished and...

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I received a check from wells fargo from a setllement suit against a chevrolet dealer how do i know if this check is real? its only for 40 dollars the bank can't give me info because they say it is not from me it is to me any advice Cash it at the bank. Go to Wells Fargo, endorse the check, and ask for cash.

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Is http://www.mp3raid.com legal? No. Here is a list of legal online download sites. http://www.riaa.com/newsitem.php?id=723FD6C1-CE7E-CAAF-027E-0F47405626FF&searchterms=authorized online&terminclude=&termexact=

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Our ethics advisor at work said that with my agreement not honored by my boss is not a question of ethics. It was a miscommunication. I was not being heard when I begged for the agreement to be honored. Should he still continue being an ethics advisor? Without details of the agreement and what was said, we cannot determine whether the ethics advisor is right or not.

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I got a lawyer. The company was sent a demand for payment or restitution. The company's lawyer replied with a threat to my lawyer and myself for possible termination. My lawyer went ahead with the lawsuit. Am I really protected from retaliation? Yes, but that does not mean they cannot fire you if they have a valid reason.

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Can a company keep your retirement, when you change jobs? I am not sure what you mean by "keep." If you quit a job before your retirement vests, you may not get any of it.

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In a divorce case can any property outside USA be counted towards the community property or marital estate? Does the Court have any jurisdiction over property which is not in the US territory? No, the court does not have jurisdiction over the property, but the court will treat it as community property if it was acquired during the marriage. Since the court does not have jurisdiction over the property, they will divide the property by awarding an equal amount of other property to your spouse. For example, suppose you and your spouse had two homes that are community property....

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What is the statute of limitations for suing a contractor who did work to home next door with utilities being marked out, but 7 yrs later discover damage to underground cable? Suing a contractor for what? If you are suing for breach of contract, then 2-4 years from the breach depending on if it was a written or oral contract. If you are suing for a tort related to the work, then 1-4 years (depending on jurisdiction) from the harm.

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My company installed a fence at a home at which all the utility lines and cables were given the all clear. 7 yrs later the owner of the next dr. house is saying we damaged their underground electric line. Is this legal? Is what legal? Accusing your company of damaging the line? Yes. You have the right to accuse someone of causing damage if you believe they caused damage.

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I work as a subcontractor for a painting company. They will 1099 me at the end of the year so they don't take out taxes. Today they took $100 out of every persons paycheck to pay for workmans comp. Is this legal? We're in Minnesota It is legal if you have an agreement to pay towards this expense, but it makes no sense that you would have such an agreement because you are not covered by workmans comp if you are an independent contractor. If you were an employee, it would be illegal for them to take this amount out. What kind of work are you doing for the painting company? Is it painting? Based on the limited facts...

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I owe $12000 on my SUV, the dealer offered me $2000 trade-in. I've tried to sell it for over a year. I've never missed a payment. Any suggestions? A dealer will certainly give you less than a private party because they have sale prep expenses, and they must make a profit on the deal. However, not $10,000 less. Since the dealer only offered $2000, this indicates that you trashed the car, or put so much mileage on the car that it is only worth about $2000. You are not going to sell a car for $10,000 more than it is worth. If you want...

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Most people move on from wanting to date fellow children as soon as they themselves aren’t children anymore. However, why do some people still want to date children after they’ve grown on? Your question presumes that there is a magic age where a person transforms from a child to an adult. There is a legal age when this occurs, but this has no bearing on a persons attraction. For example, a17 year old who is dating a 15 year old does not become disinterested in his mate once he turns 18. People become attracted to others in their peer groups. Thus, the attraction to older...

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Can a women give legal consent if she has been drinking(georgia)? That that she was drinking is irrelevant. What matters is whether or not she was drunk. Being drunk can negate consent.

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Is it legal for my gym to sell my personal information to a bank that sent me offers to sign up for a credit card to my co-workers house because that is the address the gym has for both of us becaus Yes, unless you had an agreement or signed up with the promise that your info would not be sold.

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I was in a serious car accident when i was 17, i walked away fine, i got a small settlement for it , but my mom was not there when i signed the paper work , is that legal? since i was a minor? if not what can i do? Hoe old are you now?

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What are my legal rights when it comes to a neighbor's dead tree hanging over the fence/property line and affecting my power lines? I've had the city come out and they say they can't do anything because the tree is on private property. You have the right to cut the overhanging branches.

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Working for a calif private transit co. I rear ended a vehicle that stopped for a pedistrian. it appeared no damages and my bus was empty. i got a summons: xxx co, my name, as does 1 to 25 inclusive. does the co insurance cover me or a Generally, no. However, the company is being sued as well, and the company will defend themselves. If they lose, they could go after you for indemnity. However, usually companies write things like this off as a business expense, so even though you are probably not covered, you will be essentially off the hook.

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How do i get rid of an ex-boyfriend who's not on the lease but has been staying in my apartment for more than a year and pays rent? Evict him...

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In legal terms what does a certifcate of service mean? This is concering a letter that was done improper. A certificate of service is a document that you attach to everything that you file in court. The document certifies that what you are filing with the court was served on the other party. It indicates when and how the document was served.

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I live on a private road in Florida. A couple homeowners decided to fix the road. Now they have it completely closed and threaten to put a lein on anyone not giving them money for this. Can they legally close the road and charge More information is needed to answer your question. Who owns the road? Is there an easement that gives you the right to use the road? If the owner of the road is the one who is blocking the road, and there is no easement, then everything is legal. Just as you have the right to not let people come on your property, others have the right to not let you come on to theirs. If there is an...

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I have inherited some money from my father I am not yet divorced, do I have to declare this or is there some way I can invest the money without my spouse claim 50%? You do have to declare it, but in most states (if not all) an inheritance is separate property, and therefore all yours.

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Can a city cop in MN pull you over in a gas station while being parked for no reason? If you were parked, then you were not "pulled over." And the cop had a reason to approach you, even if you do not know what the reason is.

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Can a city cop in MN summit your license plate numbers into their checking system computer for no reason? Yes.

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Is there an expiration date on random pictures from magazines that have no photographer credits--can images that are 10-15 years old be used w/o incurring copyright violations? Yes, there is an expiration date. A copyright (made after 1978) is protected for the life of the author plus seventy years. Thus, you cannot use a picture that is only 10-15 years old.

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IF AN ELDERLY PERSON WITH DEMENTIA GIVES THEIR PERSONAL PROPERTY TO A CAREGIVER AND DIES, DOESN'T A LEGAL PAPER HAVE TO HAVE BEEN DRAWN FOR THE PERSON TO KEEP THE PROPERTY? Do you sign a "legal paper" every time you get a gift? The answer is no. You do not need anything in writing to give a gift. All you need is to deliver the property to the donee.

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Is it illegal in the state of California for an owner of a bar take a % of tips from employees? Nope.

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What can I do if a home video I uploaded on Youtube was stolen and edited, uploaded onto Liveleak without any credit to me, and now the person who re-posted the video refuses to remove it OR give me credit for it? Contact the owner of the site and request to have it removed. If they do not remove it, they can be held liable.

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I live in Joice Iowa. My city just put in water last year. They are sending water bills to everyone in town, even the people that did not put in water and wanted to keep using there wells. Can they do that. They sure can. Just as your city can tax you for roads even if you do not own a car, they can also tax you for water.

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Are DJ mixed CDs copyright infringement if sold? First, I will assume you are talking about local DJs who are releasing CDs on their own. Second, it does not matter if the CDs are sold or given away. Yes, unless you get a license, it is copyright infringement to make a mixed CD.

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Does debt have a statute of limitations which applies to it? Yes. In most state states it is 4 years from the date of breach.

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If my name is on the title and someone as been paying the car note for three months who entitled to the car legally You are leaving out pertinent facts. Why is someone else paying the note? If it is your mother giving you a gift, then that would have no effect on ownership. If it is someone who you agreed to sell the car to, then you are bound by the contract. In another post you said "if there is no legal or written agreement." Well, what do you define as a "legal agreement."...

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Under US law you must be 18 to consent to have sex. In UK you must be 16 to consent, and can marry at 16. If I have sex with my 17 yr old wife while in America is this statutory rape? First, you start with an erroneous premise (i.e. under US law you must be 18 to consent to have sex). Every state has their own age of consent laws,and most states allow a person to consent to sex in some form at age 16. Second, even in states with an age of consent of 18, they almost always have an exception for married couples.

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I was accused of breaking a window on a golf course. The homeowner said she has my ball and is going to make me pay for her $1000.00 window. Am I liable or would here homeowners insurance cover it? Her homeowners insurance will likely cover it (if the homeowner submits a claim), but that does not affect your liability. If you broke the window, then you are liable.

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REGARDING COPYRIGHTED MUSIC AS BACKGROUND FOR YOUTUBE VIDEOS; WHAT'S THE POLICY ? EXAMPLE, IF I USE ANY POP MUSIC FROM THE 40'S - 60'S WILL I BE FLAGGED? What do you mean by flagged? It is illegal for you to use the copyrighted music. Whether or not you are caught, sued, or simply forced to take it down is another story.

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If theres a dudgment againts my house can they forclose on my house to collect Is the judgment against you or the house? If the judgment is against the house (this is called in rem), then you no longer own the house. It is more likely that the judgment is against you. If so, the answer is maybe. In general, your house house can be foreclosed upon, but each state has homestead exemptions that protect a certain amount of property against a judgment. You can only...

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Does anyone know the step by step process i need to go about to file for my own divorce without a lawyer? I'm in Alabama and there is one child involved. The ex and i have agreed on everything but neither can really afford to hire a lawyer First, to answer your question, there are many "Do It Yourself" divorce kits you can buy at an office supply store, and you can also find websites that provide this service. However, DO NOT USE THESE SERVICES. The problem with doing a divorce yourself is in the end, you almost always ending up paying more in legal fees cleaning up your botched do it yourself divorce. If you and...

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My father passed away. His home is in his name. My mom is still living in the home. If she passes is there a chance that my step sibling could get the home or will it go to me since I am the only biological child of my father's? This depends on what happened to the home after your fathers death. Dead people cannot own property. The property passed to someone (or something like a trust). If the house passed to your mom, she now owns the house and can choose who to give it it to upon her death. Thus, if your mom has a will, it is possible you would get nothing. If not, you would get a share of the house, but so...

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If I have a cool design for merchandising and it is a reference to a specific university, at what point does it infringe on the schools trademark? No specific logos or names are referenced, but only hinted at. It infringes on the universities trademark when you actually use the universities mark (or something close to it that would be confused as the universities mark) and there is a likelihood of confusion that your merchandise was created or authorized by the university.

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How do I report a premeditated plan for child abuse that has not yet taken place but has been planned? How can I remain anonymous? I don't want to use my home phone whatsoever so who's phone should I use and how? Call Crime Stoppers if you don't want to call the cops. They are a non-profit and are completely anonymous if you choose.

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Is it not an infringement of my human rights to take away the choice of me wearing my seatbelt when driving my own vehicle, especially as it poses no danger to anyone else? Well, you do not have a "human right" to drive in the first place. Thus, if the government wants to condition your privilege to drive on wearing a seatbelt, there can be no violation of any rights.

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If someone steals your CDs have they also stolen the IP rights to listen to them? You cannot pass title by stealing. Thus, you have gained no rights by stealing a CD.

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I am being pestered by my wife while going through divorce procedings to give definite answers on topics which are being considered by my lawyer. can this be considered interference in the legal system No, but did you give her consent to speak to you directly and is she represented by counsel? It is improper for a lawyer or a pro se litigant to contact an opposing party who is represented by counsel without informed consent of the party.

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My ex boyfriend is currently trying to tell the courts of Montana that we were common law married. We filed our taxes together as married once but had no bills in our names and did not have bank accounts, etc together. How do I prove we weren't married? First, lets put this in perspective. What you are actually asking is how you can prove to the court that you committed tax fraud. Smart move!!! Second, the requirements in Montana for common law marriage are 1) you must agree to be married, 2) you must cohabitate, and 3) you must have a reputation of being married. The fact that you filed a tax return as a married couple (coupled with...

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I work for a travel agency paid hourly and commission. Commission pay is paid when the customer pays and completes their trip. The office closed, am I still due my commission pay for the trip that was entered into when I was employed. That depends on your contract (and if the company went bankrupt). When was the commission earned?

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In the state of Virginia, if there are two people signing a rental agreement, and one person leaves and takes all of their things, is the other person liable for any of the rent? Both parties are joint and severally liable. Thus, the landlord could go after either party for the full amount of rent due.

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Can a 17 and 7 month year old who wants to be emancipated legaly move out? If they get emancipated or their parents consent, sure...

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What is a viable alternative to capital punishment? Banishment to a lawless nation. Instead of incarcerating people for not conforming to the laws of a nation, there should be an international lawless nation setup where criminals can be sent. If a person does not want to conform to the laws of a nation, let them try to survive in a nation where there are no man made laws (although the law of nature--survival of the fittest--would certainly...

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My husband is a felon. What protection is it legal for us to own? A black powder gun? You can own mace and pepper spray, or a stun gun or a tazer (depending on what state you live in).

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My husband was convicted of a felony. I, however, have a carry permit. However, I have been told that if I bring my firearm into our home, my husband can be convicted of constructive possession. Does anyone know the rules about this? Your husband cannot be in a place where he has access to a firearm, even if he does not own the firearm. Storing a gun in the home gives his access, and is therefore illegal for him.

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Detectives came by my parents house, saying they needed me to sign a ticket for pawning stolen property almost a year ago. They said "if he doesn't get ahold of us and sign this ticket, it'll turn into a warrant in 3 days. (or does it expire in 3 days)? It turns into a warrant. What most people don't realize is that a ticket is an arrest under the law. We take people into custody when there is a risk that the person will run and not show up for court. Note: Whether you were taking into custody and booked or just giving a ticket (which is a notice to appear), they will both show up as an arrest on a background check. The advantage...

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How can you make a power of attorney given to a trustee irrevocable? You can't. You can make a trust irrevocable. However, a power of attorney is just a agent/principal relationship which can be terminated by the principal at any time.

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Which site can I go to for info on copyright infringements? What exactly are you looking for? The best source would be the copyright offices website: www.copyright.gov. However, the question as to what is copyright infringement is easy to answer, but the question as to what is an exception to copyright is rather difficult to answer. The reason for this is there is a balancing test, with results varying by jurisdiction. What are you trying to...

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What would be some valid reasons why a school would want to set up a jury against a student? Please list. Other than issues dealing with privacy, I don't say any other time when it would not be valid. What is wrong with being adjudicated by a panel of your peers as opposed to a school administrator?

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How long do police have to hold evidence over your head without charging you? I'm in Wyoming This depends on the crime. For example, murder evidence can be held over your head forever. A misdemeanor is usually only on1 year.

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Since the U.S. Constitution is basically meant to conform to social needs, can it be interpreted "wrongly" if the majority of citizens agree with the interpretation? Um, what Constitution are you referring to? The U.S. Constitution has nothing to do with providing for social needs, and everything to do with the limits of federal government.

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Can an employer hold your pay because their client has not paid them yet? No. But note, if you are an independent contractor, the answer could be different.

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Explain the difference between man slaughter and murder and decribe the recourse a convicted murder has after being sentence by the supreme court? Murder is the killing of another person with malice aforethought. Malice aforethought means one of four things: 1) you intended to kill, 2) you intended to cause severe bodily harm, 3) you acted with a depraved heart (highly reckless), or 4) the killing occurred during the perpetration of an inherently dangerous felony. NOTE: Premeditation is not a requirement for murder, though it may...

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Did they ever pass a law in CA that Cellphone co. can not charge an early termination fee. No, but you don't want that law to be passed. The California legislature is great at passing laws that appear appealing as long as you don't look past the surface. If such a law is passed, do you think the service providers will just take a financial hit? Of course not. What will happen is the service providers will stop subsidizing phones, or they will subsidize phones by a...

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Is it legal not to do repairs to an apartment after a tennant has lived there for 18 years(like replace the carpet,paint) This will vary by state or county, but usually the answer is YES. A landlord is usually responsible for repairs that go to habitability, but they have no duty to do cosmetic repairs. For example, if the heater breaks down, the landlord usually has to fix it. But having fresh paint on the walls usually has nothing to do with habitability.

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If person commits murder but says that they were instructed to do so by someone else, is that other person responsible in any way? Maybe. There are two legal theories that could apply to make the other person liable: 1) accomplice liability, and 2) conspiracy. Those who referenced the Sharon Tate murder, there Manson was convicted of conspiracy. If you conspire to a commit a crime, you are responsible for the completed crime even if you did not take part. Thus, the question becomes "does telling someone to...

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My friend married this women in Califorina, but she still was married. They moved to Alabama, as husband and wife, she then divorce the other man, behind his back, and now the state says, because they lived as a married couple, they have 2 get a divorce.. Do you have a question?

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If a parent gives her 16 year old daughter her consent to have sex with a man who was24-26yrs.old, can The state still press statutory rape charges on him? In the state of Idaho? First off, once you daughter turned 16, the only sex crime that can be committed is Sexual Battery of a Minor. Second, YES. And in case you are wondering, if you give consent for your daughter to drive without a license or smoke crack cocaine, she can still be arrested for these offenses despite your consent. Every crime defines a prohibited act, and the crime is committed when the act...

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If a 19 year old male is accused of rape, but never charged, can he be told he is not allowed to ever return to the state again? There are pertinent facts missing from your question. For example, who told you this? A prosecutor can tell you that he won't file charges if you leave the state, but will file if you ever return. And he can follow through on this threat if he has evidence to bring the case and the statute of limitations has run.

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I bought a house that has HOA, the HOA is still headed by the builder. I closed on my house and I never recieved a HOA contract to sign. If I never signed a contract can they fine me? And once the hOA is turned over to can they change things and fine me? The HOA contract is filed with the county recorder, and thus, attached to the land. You agreed to the terms by buying the property.

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As a manager I declined a promotion and the employer said if I did not take the promotion he would demote me to asst mgr. and cut my salary. Is this legal in the State of California? Yes, this is legal in California. Unless you have a contract or CBA that says otherwise, your employer does not need a reason to demote you (although they have a good reason in this case). This is also done for very good reason. Many companies want upper managers who have climbed the ranks because it makes for a better manager. For example, a manager who once worked on a the assembly...

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I live in NC. Upon leaving a bar my boyfriend took my Keys and said he was better off to drive than me. I was unaware to how drunk he was. However, I willingly gave my keys to a drunk driver. He was pulled and got a DUI. Can I get in trouble for this? Not criminally. You could be sued by the state for the costs associated with the arrest and conviction. This is rare, but some counties in some states have started doing this. Also, if your boyfriend caused any other harm in the car, you can be held liable for that.

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We are thinking about letting our house go back to the bank and currently have a tax lien on the property, what happens to the lien? If the sale of the house is enough to pay off the mortgage and the tax liability, then you are fee and clear. If not, the IRS or tax board find another way to collect (usually garnish your wages).

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My company wrote a check to a vendor, the check memo we stated final payment (which it was) the vendor changed the memo and is now haunting me for more money. Was this legal for him to do? This varies by state. In California, it is perfectly legal to cross out the memo line. This is exactly what you should do if you dispute the claim on the memo line. In some states, you can also just write "disputed" next to the memo line to protect your rights.

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Can a dealer sale your trade in vehicle even tho they were supposed to pay off what you owe for trade in to old finance co. And reason they did not pay off is BCZ I owe them a balance for my downpayment for new car. Yes. This is a simple contracts question. You are the one that breached, which does not affect the dealers rights.

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My son fell down @ a store & bumped his head. I filled out a report. The store did not offer anything. I took him to the E.R, the DOCTORS. He has a slight concusion. No LAWYERS will take my case. What can I do My guess is you went to a personal injury attorney who charges a contingency fee. This attorney did not take your case because it is not worth his time. How much was the cost of your doctors visit? That is about all you would recover. If you really want to sue, go see a lawyer who bills by the hour. He will take your case, although he will tell you up front that you will pay more in...

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MY NEIGHBOR WANTS TO SELL HIS HOUSE IN ORDER TO CLEAR SOME OF THEIR DEBT BUT THERE IS A LEIN ON THE HOUSE. WHAT HAPPENS IF HE SELLS HIS HOUSE BEFORE THE LIEN IS PAID? You cannot pass clear title to an encumbered house. You can sell the property subject to the lien. If the lien is not cleared, the lien holder can forclose.

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I dont understand why the goverment thinks that a persons sexuality is their business ESPECIALLY if they want to get married. I thought we were trying to seperate church and state? Anybody know why they do this? Legal marriage has nothing to do with religion. You can get married in the eyes of your church (if they allow it) regardless as to whether you can get married under the law. Why does the government care? Well, they don't care if you want to be married in the eyes of your church. However, they do care about the potential impact of changing over a century of laws with one swipe of the...

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Im 15 years old and im pregnant by a 20 year old and my parents is not pressing charges can he still get into trouble? If so what states can he not get into trouble in? First, this is second degree rape in Oklahoma. A minor under 16 cannot consent to sex with someone 18 or over in your state. Second, the act has already been committed. Therefore, moving to another state does not make the already committed act legal. Third, the decision to prosecute lies solely with the prosecutor. Even if your parents are okay with the intercourse and say they...

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Got a ticket for window tint,in process of obtaining medical reason.i am a veteran and showed him proof of appointment at v.a. clinic in Iowa city was issued ticket anyway.can i fight this? You have no legal justification that would result in the ticket being dismissed. If you have since gotten some sort of medical waiver that allows you to have the tint, a judge may be sympathetic and dismiss the ticket, but he does not have to. Are you sure that you can get a medical waiver for window tint in Iowa? In most states you cannot. The laws against window tint are there to ensure...

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How do i break a lease in north carolina for fear of saftey for my family? If you are asking how do you break a lease and not be liable for future rent, then you may be out of luck. The only possible way this would be permissible is if the landlord can control what is causing the fear for your safety and fails to act.

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My neighbor gave me a log splitter in October of 2007. She passed away in November of 2007. I put about $350.00 into it to get it running. Now her father in August of 2008 says it is his and wants it back.Is the logsplitter his or mine? If the log splitter was owned by your neighbors father, then it is his. A person cannot gift the property of another. However, you would be able to recover the reasonable value of the repairs you did under a quantum meruit theory. Note: If you had purchased the log splitter (even for only $1), and you did so without knowledge that the splitter was owned by the father, then you would...

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If a radio advertiser uses a snippet of a song in their ad, is that copyright infrigment or is it a question of Fair Use? It is copyright infringement if the advertiser does not have a license. Fair use is a very narrow exception. If a person has the option of not using the song (or other copyrighted work), then it will not be fair use.

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My minor son bought a car in nc that was not worth the paper it was signed on. Can an adult contract to sell to a minor. The title is in my son's name Yes, an adult can contract with a minor. However, the contract is voidable at the minors discretion. Thus, he can get out of it so long as he is still a minor.

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How can Law be justified when removing Due Process? More info is needed. You asked this in international law, and under U.S. law dues process is only required if you are a U.S. citizen or you are physically present in America.

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Plea bargaining is another controversial practice in the American judicial system. Should the nature of the crime affect the defendant opportunity to plea bargain? Why do you think it is controversial? It does not make sense to hold a long expensive trial when the only purpose is to have the formality of a trial. Moreover, it is not possible to prosecute every defendant. We only try about 2% of cases, and our judicial system is still overtaxed. Imagine if we had to try 100% of cases.

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What will happen when an organization cannot comply with discovery requirements? What do you mean by "cannot comply"? If it is truly impossible or highly impractical, you can file a motion for a protective order, in which the court will limit or excuse the discovery. However, if by "cannot" you mean you do not want to, then there are many sanctions that can be levied against you, the most extreme of which is summary judgment.

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Why is it illegal to sleep in a car in California? It's not. Loitering in some places is illegal. Being drunk in the car is illegal. But sleeping is not.

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My neighbor is being sued because all the little boys in the area (ages 7-14) play baseball there (with a tennis ball) and they periodically retrieve the balls from her yard. She claims trespassing. Do you think she'll win or us/neighbors? Yes, the neighbor will win. Of course, despite the complaints that this is a frivolous lawsuit, it should be noted that the most important part of any lawsuit is the remedy. Trespassing is a strict liability cause of action. If you enter my property with license, I will sue and I will win. But the question that matters is "what will I win?" The answer is either an injunction or...

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Is a landlord required to supply Heat and Air? This varies by state, county, or city, but usually they are required to provide heat in the winter. However, they are usually not required to provide air conditioning (although I suspect this is required in some desert communities). A landlord must provide a habitable residence. No heat in winter is considered uninhabitable.

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A local council has erected a sign prohibiting the launch of a boat from a public slipway. Seaside pleasure boat bylaws apply. My boat is not one of those. The council say I may be guilty of Trespass if I launch. I believe wrongly so. What If I launch? Probably nothing. But you could be sued or arrested for trespass if you are wrong.

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Do you really trust lawyers? My lawyer, yes. The other guys lawyer, no.

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What Is The Difference Between Being Separated And Divorced? Isn't separated meaning that the couple are still legally married? Divorced means that the marriage has been terminated, right? Also, i know a few people who were divorced but said that they wer Legal separation occurs when you file for separation with the court. In many states you must be separated for a certain amount of time (usually six months) before a divorce can be ordered. Although this varies by state, once you are separated, certain property is no longer treated as marital property. But again, the exact ramifications of separation vary widely by state.

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A man I was dating over the internet bought me a laptop for my birthday we broke up and wants it back. He said he's going to have the cops come pick it up.Can he do that? It is fraudulent, but maybe. The computer was a gift, and is therefore yours. However, if he lies and says you stole it from him, and produces the receipt, you may have a criminal dispute arise. If your ex does call the cops, and you explain the situation, the cop will likely tell your ex this is a civil matter and that he should sue you.

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With a Kentucky license and I get stopped in Indiana, and my driving privilages are revoked in Indiana. Will I go to jail if stopped in Indiana? It depends. It is legal to drive in another state for a limited period with a license from another state. This period varies by state. Thus, so long as you are in compliance with Indiana's period, you are not violating the law since you have a Kentucky license.

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How much can an attorney charge for a civil case? An amount commensurate with the difficulty and novelty of the case, and with the experience of the attorney. The max I have ever heard of is $1200 per hour, when the attorney charges hourly rates.

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Why does a will have to be in probate? If you have an original multible page copy signed by your spouse and notorized by an unrelated person, isn't that sufficient? Do you still have to file probate? And exactly what is Probate? Yes, you still have to go through probate. The reason why is it is possible that there is a pretermitted spouse or child, and there is likely creditors that need to be paid. For example, suppose that a person has a properly executed will that gives $50k and the house (which we will stipulate is all that he owns) to his child. However, assume that after he created the will, he had another...

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In California, can the citing officer who is only a witness submit physical evidence to court during a trial for an infraction? Isn't the officer limited to answering questions and physical evidence can only be submitted by a prosecuting attorney? Of course. The officer is the one prosecuting the case. An attorney is only used when the officer requests it or the defendant has an attorney.

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I was awarded a judgment in small claims court against an LLC company who refused to pay. They have stores in Oregon and Washington. What options do I have with a company to recover my money? There are many enforcement devices available. Talk to the clerk of the court and they will help you. My favorite device is called the till tap. Here, you have a marshal go to the store and stand next to the register. Every time a customer hands over money, the marshal takes it until the judgment is satisfied. You would be surprised how quickly a debtor will pay up as soon as the...

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Even if a child is of legal age to determine which parent he/she chooses to live with, will a judge consider the history and circumstances that may have caused a child to choose one parent over the other? An unemancipated minor never has the definitive right to choose which parent to live with. The court must always determine the best interest of the child. Many states dictate that at certain ages the wishes of the child have greater weight. The reason no state gives a child a definitive right is because the wishes of the child is often NOT in the best interest of the child. For example,...

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Is it true that in America you get lawyers, or representatives of lawyers, hanging around hospitals trying to encourage people to claim? Rarely. An attorney cannot solicit a client directly (except when you are related). Thus, most don't do it because it will get them disbarred.

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When creating a will, do you need a person's social security number and birthday in order to add them into the will? No. In fact, you can give a gift to someone who is ascertainable. For example, you can give a gift to your grandchildren even though at the time of creating the will you have no grandchildren.

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If your in jail and the blanket they give you has a whole in it, and it tears, can you legally be charged with destroying property? Yes. Although you usually won;t charged. Instead you will just receive an administrative hearing through the prison, which has very limited due process requirements.

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If I don't have my birth certificate because I lost it, can I still get my California ID at the DMV? You need to be able to prove you are you. You can order a cop of your birth certificate.

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A person dies with two surviving family members. The will leaves all assets supposedly to one person with the exception of $1.00 going to the other. If the will has not been read by a lawyer, can the main inheirator take possesion of the I am not sure what the question is, but the will must be probated. You cannot take possession of anything until the probate court allows it.

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Can a company send me to collections without sending me a past due bill? Yes. A creditor can send you to collections before you are even past due (although this would never happen since they cannot collect until you are past due). A collector is nothing more than a hired agent. You can assign your rights to an agent at anytime.

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On a property contract a signature which should be signed in the presence of a witness, was not actually sign in the presence of, it was added later would the contract still be valid, the person signing the contract is not denying it is his signature, Yes. First, you can sign a document outside the presence of a witness, and then later affirm (aka acknowledge) the signature, which is the same as signing in front of a witness. Second, contracts usually do not have to be signed. Those that do fall under what is called the statute of frauds (SOF). The SOF exists to limit fraud, and is waived when someone acknowledges they signed a contract....

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I'm due to go to court on a 2nd DWI, I contacted a layer which was too expensive, So I tried to get a court appt. lawyer and was refused. I s that not my right. I make 7 dollars an hour. I cannot afford a reg. attorney. You only have the right to an appointed attorney if you cannot afford one. The court has looked at your finances and determined that you can afford one.

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I have an ex parte against my ex-fiance that has yet to be served (it was issued last week). Apparently he filed one against me, but the judge declined his. The forms are full of lies!! Can I sue for defamation? He's gone off the deep end! If your suit is based only on the court filings, then no. You cannot legally defame a person while using the court system in America.

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My Dad died w/o a will. I was told by 2 lawyers that the house (this is all he had) goes to the children, and it does not have to go to probate, our brother filed to be administrator. It's worth 160K with 80K in debts. Do we have to probate this amount? Even if you had a will, you would have to probate the property. Probate exists to protect all involved (including creditors). Your dads creditors, if any, have rights to the house over any heirs.

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If the Buccaneers are called the Bucs then what are the Titans Called? The Titans. If you insisted on shortening it in the same manner as the "Bucs," it would be the "Tites." Yes, you would add the "e" to avoid changing the sound of the "i."

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If a president and a vice president are both gaurantors on a lease and partners in a business should't they both have keys to business? I am confused. Is it a partnership or is it a corporation? You say you are partners, but a partnership does not have a president and a vice president.

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If car is reposessed by the bank because owner is deceased and there is no-cosigner, is the family given an amount of time to decide how to proceed? How would a close friend of the deceased go about purchasing the vehicle from bank if family does not to? The bank can repossess the car as soon as a payment is missed. The car will be sold at auction, and you can bid on the car if you want to buy it.

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Can an HOA under any circumstance supercede a state law already in place? Such as when its a violation to have an inoperable vehicle on private property? State law is 30 days the HOA 10. Also if the vehicle is moved and shown operable does process restar An HOA cannot supersede any law, but they can make it an HOA violation to have an inoperable vehicle parked for more than 10 days. The HOA is a voluntary association that you chose to become a part of. Both rules are mutually exclusive. Thus, since you have agreed to be bound by the HOA, and the HOA does not allow in inoperable vehicle to sit for more than 10 days, you would be violating...

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I have received 2 negative reference from my previous employee. The 2nd company that requested the reference called me because they were concerned by how negative it was. She felt it was a personal attack & that they "enaliated" me. Where do I stand? You have left out some pertinent information. In your comment above you wrote "I did not expect a glowing reference but what I was not expecting was for them to slander my character and to question my honesty and my ethics." This tells me that there may be some truth the the reference you received. If this is the case, then your employer is entitled to give you a bad reference. ...

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If you are an artist and you use someone else's stickers in your artwork - and it is about 30% of the project in content, are you infringing upon copyright laws Maybe. Since you are using someone's stickers, which I will assume you acquired legally, there is no issue of duplication or distribution. However, the owner of the stickers has the exclusive right to make derivative works. This could be a derivative work.

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Are we entitled to attribution of our work if some one uses it in his thesis? If you are looking for the legal answer, NO. There is no law that says you must attribute. A court will take into account attribution in a fair use analysis, however, this will not likely change the result. On the other hand, there is a moral right to attribution. Moreover, many professional organizations and nearly all educational institutes will censure or ban individuals who do not...

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My vehicle was repossed in 2002, it was sold at auction with a balance left of 6K. TODAY, I get a letter from GMAC, they want their money. I haven't heard BOO from them in 7 years! Any thoughts? Are they not pass the statute of limitations?Illinois That depends. Did they file suit and when was the payment due? GMAC may have filed suit years but could not find you to serve you. In fact, they may have already sued you and got a judgment.

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I live in pa and i'm renting off of my cousin We dont have a writen lease its an oral lease. I lost my job and there threating to evict me if i dont give them the other half of rent friday they tried this before and gave a 2 day notice what can i do? You can pay the rent. Your landlord has the right to evict you if you do not pay rent. However, usually you must be given three day notice (but PA may be different).

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We recently registered our band name on bandnames.com. Then, we found out our name is already marked by farming equipment company. Would adding the word THE in front of our name allow us to mark it? You don't have to put "The" in front if it. I am assuming that your band has no intention of selling farm equipment in the future. If so, you are not violating any trademark by using the name for your band.

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A lady tell i was her lover in court when she called as withness for a murder case,newspaper publish my name as lesbian.I want to file a defamation suit.my apperance look boyish but i really nt a lesbian.who hold the burden of proof?what is my % to win? Your chance of winning is most likely 0%. First, you cannot legally defame someone in court. This is because the law wants to encourage witnesses to speak candidly, which would not happen if every witness risked a defamation suit by testifying. Second, the newspaper did not defame you if they published what was said by a witness. For example they wrote that "X is a lesbian,"...

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How can you get round a statute of limitation in a civil case concerning malpractise? - not medical malprcatice Find a tolling statute that applies, or sue anyway and hope that the defendant does not raise the SOL.

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My boss place my job in the paper when i still working there can he do it when i still working there? Of course he can. If you know it is for your job, I would suggest you start looking for a new one.

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I live in california , was injuried at work and was put on restricted duty my employer will not pay me my regular pay is this legal. Your employer does not have to pay you your regular pay. You will get paid for the work you do by your employer, and you will get some compensation from Workers Comp insurance for the lost hours resulting from the injury.

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I was in an accident some months ago. I was on a bike in a crosswalk and was hit by a van making a right turn. I wasn't -badly- injured, but I've had back problems since. I have a lawyer working on the case. How much money do you think I might get? That depends on what your medical bills amount to.

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Can I be evicted from not paying late fees Yes.

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Ok my b/f has to go to court on the 19th he has 3 felony's 2 felony 2's and one felony 5 this is his first time getting into trouble with the law what will most likely happen to him the charges are from burglary and theft he went into a house and got food The answer will vary depending on what state you are in and whether or not he is convicted, but a felony is the most severe category of crime. Thus, if he is convicted he is likely looking at a fews years in prison.

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My wife had a home based business in South Carolina before we met. We got married a little over two years ago and she moved to Texas to be with me. The business has taken a nose dive. Am I liable for any monies that she can not produce for refunds? This depends on how the business was structured. If it was a sole proprietorship, then your wife could be liable. If it were a corporation, your wife would not be liable. If your wife is liable, that does not mean you are liable. However, you do live in a community property state. This means that the creditors can go after community property to satisfy the debt. Since any wages earned...

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How early can a 17 year old leave home before there 18? The age of majority is 18 because you have to be 18 to be considered an adult. If they wanted the age to be 17, they would have made it 17.

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How does the appeal and review process in a capital murder case differ from the appeal and review process for other crimes? It is primarily the same. The only difference is that a capital defendant gets an appeal as a matter of right. Everyone else only gets to appeal if there was legal error.

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What the ADIDAS trademark problems? Huh? What are you asking?

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If charges havent been filed yet on a theft case if the person who stole starts paying back the money before hand does that look good if they decide to prosecute could it possibly lower charges that could be filed? No, but it will make it harder to win your case. Just imagine the testimony. You: "Um, no your honor, I did not steal the property." Judge: "Then why are you paying for property that you did not steal?"

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When someone dies with medical bills owed, can any 401k or trust funds be taken to pay these bills? Yes. Both may be used to satisfy the debt.

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If you live in louisiana and get arrested for a dwi but refuse to test and the cop has his in-dash camera recording everything will they use his video as proof in court or will you be able to beat it because you refused to test? First, in most states you will lose your license simply for refusing the test. Thus, even if you were not drunk (and prove it), you would still lose your license. Second, the fact that you refused the test will make it easier to fight the charge, but the video is certainly admissible. If you acted drunk, you could still be convicted.

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Should you say YES on a Job Aplication about a past crime, when it has been years from the conviction? Yes. Many employers do not care what the answer is so long as you are honest.

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How much can a paralegal charge or can he/she file a malpractice law suit? A paralegal cannot file a lawsuit. That would be the unauthorized practice of law. A paralegal is someone who does legal work for an attorney. It is the attorney that oversees the work, and it is the attorneys license at risk if something is screwed up.

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My father passed away owning a property that was in foreclosure and the property was auctioned off with out us knowing it what can i do? About what?

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I have walked out on my husband but taken the home computer, he has threatened to have me arrested for theft/burglary from my own home, and has said that it is illegal for me to take it until the divorce settlement. I have I broken the law? Sort of. If you call the cops, they will tell you this is a civil matter and do nothing. They cannot sort out who has the right to take the computer. However, once a divorce proceeding begins, the judge will usually order that neither spouse dispossess any property. Taking the computer could violate this order, and thus get you a civil or criminal contempt sanction from the judge.

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My father passed away owning a property that was in foreclosure. Do we need to pay the debt on this property from the estate or can we just let the property foreclose and be done with it. Is the property the collateral in this case? You can just let the property foreclose, but if there is a deficiency, the creditor will get paid from the rest of the estate before anyone else takes.

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Who is your next of kin??your son (who is over 18)or your mum? This could vary by state, but usually your child (even if under 18) and then your parents.

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In California, is it legal for employers not tell you why they didn't hire you? Yes. Moreover, the employer does not even have to have a reason for not hiring you.

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How do I go about providing a certificate of authenticity to people who purchase original work of mine? How do I make them official? Print a document with the words "Certificate of Authenticity," sign it, and affix it to the work. If you really want to make it look spiffy, add a seal or something.

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How do youstart your own business with no money? You don't, but I think you are asking where do you get money to start a business. There are many options. 1) The federal government gives out many grants. The key to getting one is to actually apply. 2) You can get a small business loan from a bank, or you can find a line of credit from a credit card company designed for small businesses. 3) You can start a corporation or LLC...

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How hard is it to prove that an alleged confession was 100% coerced? And what would you need to prove it? First, you would never have to prove that a confession was 100% coerced. All you would need to do is provide enough evidence to convince a judge that the confession resulted from undue influence. Usually you would prove this by playing the recording of the interview. If there was none, your next route is to show the circumstances of the interview most likely resulted in undue influence....

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Can someone that is 17 and a half legally tell their parents they're moving out, without being emancipated. Or what i'm saying is can the parents legally stop the near adult. The person would live with another family, and finish high school. This is WA There is a reason they call you a minor. That is, your parents rule until the end of your minority. If the law wanted you to be able to move out at 17, they would have made the age of majority 17.

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Do you trust what the government tells you about drugs? There is no need to trust the government in America. That is why we have the freedom of speech. Almost anything the government says can be independently verified. Moreover, the government knows what is knows about drugs because the input of private citizens. Before the government passes a law, it conducts independent hearing where everyone gets to say their piece. All of those hearings...

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I'm supposed to go to court for a debt I owe. There's no way I can attend. If I just don't show up, what happens? The court will enter a default judgment.

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What is the legal punishment for a teen using a teacher's password to enter a homework website Maybe none. It depends on how you you got the password and why you are using it. If the teacher let you use it, then no law is being broken. However, you would most likely be subject to discipline from your school.

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As a mechanic i get paid a flat rate per job so my question to you is as a flat rate employee is my manager allowed to take .3 tenths of an hour out of my pay per job i do to "allow for cleanup /detail/" is this legal Your question leaves out many pertinent facts, but the answer is ultimately yes so long as your final pay is still in compliance with the wage and hour laws.

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Is a employer allowed to make a full time employee go to a flat rate system to which his pay would decrese by 80% so he would quit on his own and EMPYR would not have to pay unemployment for firing? Yes. Of course, the employer is not making you quit. You can certainly choose to continue working for less pay. And the government would prefer that you continue working instead of sitting around and collecting unemployment.

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Is it legal for border patrol to treat us citizens so horrible? Why was your treatment horrible?

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My neighbors, after all oficial warnings not to, still told their cleaning lady to park improperly blocking our car. We have damege our car because of it ($800 the cheapest repair quote we could get). They avoid us now. How can we ge How did your car get damaged by being blocked in?

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I'm 17 what can I use as a form of ID? I want to get into a movie that is 17 and up and they check IDs. The movie theater has discretion to let anyone in the movie. There is no law that says you must be 17. This is only an advisory, which most theaters abide by. Thus, a movie theater will likely accept anything that seems to be a reliable indicator that you are at least 17. But if you have a license, state issued ID, military ID, or a passport, these are all legal ID cards.

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What if you found a lost dog with a collar and no tags, put up flyers and post ad in paper. no answer for 3 weeks. take him to the vet,groomer, and put chip in him. 1 month later prev owner contacts and demands dog back w/ no compensation? Well, if you do not return the dog, that is called larceny. The person who finds lost property has superior rights to the property against all others, EXCEPT the actual owner. This is where we get the phrase "possession is 9/10's of the law." You knew when you took the dog to the groomers, vet, etc. that the dog belonged to someone. As an aside, if the vet and groomer...

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I have created a board game called Lineage, but there is already a popular MMORPG with the same name. Is this copyright infringement? The games have nothing to do with each other. No. It is not copyright infringement. You cannot copyright a name. There is a potential trademark violation. Is "lineage" descriptive of the game? How similar are the games? Would you sell the games in the same or a different market? These are the types of things you must balance to determine if there is a trademark infringement.

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IS IT LEGAL FOR THE POST OFFICE TO PAY FOR ONLY CERTAIN INJURIES? You are leaving out some important details. The post office delivers mail. They are not insurance providers. So why would the post office be paying for any injuries?

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I am about to start divorce proceedings against my husband. He has never worked in his life (been married 13 years) so I have basically "kept" him. Now he wants the house and custody of our 9 year old child. I have another child who isnt his age 16. Can he get custody? The court looks for what is in the best interest of the child. That usually means split custody if possible. The only way he is not going to get partial custody is if he is somehow unfit. Since you were the primary breadwinner for the family, you will certainly have to pay him spousal support. If you are working all day, it is certainly possible that the father will...

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Is it true that you can get once a year your credit report. If so , do you know the e-mail address. Thank you Yes, you can get a free credit report, but DO NOT USE SITES LIKE www.myfreecreditreport.com. Sites like the one above give you a free credit report in exchange for signing up for a service. Under federal law, you can get a free copy of your report without signing up for any service or having to put down a credit card number. If a site asks you for a credit card number, then you are not...

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Can my husbabnd that is from guatamale still get citizenship and get probation from shoplif$ting,IS IT TRUE SINCE IM AMERICAN HE ISNT ENTIRELY ILLEGAL Your citizenship has no bearing on his. If he entered illegally, or overstayed his visa, he is illegal regardless of your citizenship.

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Was in a car accident the car was insured but the driver of the vehicle of which I was a passenger to wasnt an authorized driver. I suffered bodily injuries the accident was the others person fault can I still sue? Yes. Insurance has nothing to do with liability.

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Do you agree that guns don't kill people, but people kill people? Meaning if guns wasn't ever invented their would be the same amount of crime their is now? Actually, if guns were never invented there would most likely be more crime. Guns have been the great equalizer. The antithesis of survival of the fittest. Before the advent of guns, the weak could not defend themselves. However, give a weak man a gun, and he now has equal strength as the strong man with a gun. This results in less violence. This is the same concept as nuclear weapons....

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I am moving into a house with some relatives.I am told I will be owning a percentage of the house in a partnership. However the house is in my fathers name and I am not written on a deed claiming I own anything. Does this technically mean I am The deed does not necessarily matter, but a contract for the sale of land must be in writing. If you don't have this in writing, then you are in trouble. However, there may be an exception to this. You mention a partnership. If the property is in the name of the partnership, and you are in fact a partner in the business, then you would be a partial owner. Please clarify the facts...

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I recently purchase a car that I suspect has water damage that was not disclosed. What are my legal rights? I have been back and forth with the dealer and requested to void the deal on day 3 and they refused. You are probably out of luck. A dealer does not need to disclose damage (although they cannot conceal the damage). If this is a used car, you most likely bought it as is. In an as is sale, the law is basically caveat emptor (or buyer beware). If you negotiated a warranty that covered latent prior damage, then you could enforce the warranty. But that won't allow you to void the sale....

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Is it illegal to drink while bartending? There is no general answer to this question. Each state has a multitude of different liquor licenses. Some allow you to drink, others do not. Most of the time the answer is yes, but again, this varies widely by jurisdiction.

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Identify two expressed powers of the president 1) Appointment and removal power, and 2) Commander and chief of the armed services.

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Differentiate between action on the case and trespass? Action on the case was a medieval cause of action for harms that result from a trespass, but are not the direct result of an invasion of property.

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I rent the upstairs area .The owner/landlord lives downstairs.They are moving to OH and leaving me to sleep on the floor until the end of the month.All the furniture is theirs. I gave 25 day notice not 30 do i have to stay in an empty house,please help. Was a furnished rental part of your agreement? If so, then yes, you can leave early.

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Can a minor leave home at 17 in Massachusetts without parents consent. No.

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Who can sign contracts in a Florida LLC? Any agent of the LLC.

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Is there an age limit as to when you can charge someone of theft? This varies by state. However, at common law a child under 7 presumptively is incapable of committing a crime. A child aged 7-14 has a rebuttable presumption that they did not commit a crime.

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Why won't missouri police enforce court order visitation document? Because police do not enforce civil matters unless they have a specific order to do so (e.g. an eviction order).

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Does Watchtower leaders commit libel with correspondance ? So when the JW body of elders send a letter to their branch, with specific accusations, that are true or not true is that libel? per the definition publishing written defamation to third party. With specific accusations of what, and against whom? If the accusations are true, then there is no liable. If they are false, it could be liable depending on the accusations.

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Can my boyfriend become a U.S citizen even though he has been deported,twice?(1st time for a felony(which was'nt his fault!)2nd for returning again). I'm a citizen here and we just had a baby! How does someone commit a felony and not have it be their fault?

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IF YOU HAVE VACATION TIME BUILT UP IN YOUR JOB AND YOU CAN TAKE THE VACATION OR NO VACATION &JUST THE PAY .SO IF YOU QUIT DO YOU STILLGET THAT TIME YOUR ENTITLED TO OR DO YOU LOSE IT? In most states vacation time is considered compensation, which means you get paid out once you leave. It is actually a smart move to save up as much vacation time as possible. That way, as you get raises, you can apply the vacation time earned when you made less, and get paid out at your later salary.

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Okay I liked the answers to my last question I feel better about fighting this ticket now. my son is a minor and I was denied representing him in court, and need an iowa code thats states I can tell him what to say and he just repeats me. HELP!!!! That is strictly forbidden. A person can only testify to that which they have personal knowledge.

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If someone allegedly gives a confession to an officer of the law which then in turn provides the officer with probably cause, what is the law regarding this? Does the officer then have to immediately take the person in front of a judicial officer? No. You will be arrested and booked. You should see a magistrate within 24-48 hours.

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Can my lawyer sue me? Yes. Did you not pay him or something?

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If 2 people are under the influence of drugs or alcohol would it be considered rape if they had sex? What if the guy was under the influence and the girl wasn't? That depends on whether or not the person objecting was capable of consenting to the sex.

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Can an employer refuse to give you a reference , or give you a bad one simply because you left the job to live with a woman you met on internet dating? Yes. An employer is not obligated to give you a reference, and they have the right to give any truthful information they wish. They can even give technically false information if it 1) pertains to the job, and 2) they have a reasonable belief in its truth.

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My son is 17 months he got very sick in our apartment i think there is mold 3 weeks later he is still sick what can i do? i don't want him to end up in te hospital with 101 to 105 fever please help. his eyes are red and fluffy they itch alot please help Go see a doctor and get out of the apartment if you suspect that is the cause.

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If a car gets repoed, can they keep it unless you pay the full amount, or do you just have to pay up to date? This depends on the terms of your agreement. A creditor usually does not have to allow you to redeem the car, and if they do allow you to, they require payment in full. However, the terms of your loan could theoretically state otherwise.

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In ohio, if a car gets repoed, do you have to pay the full balance off, or do you just have to pay up to date? You will have to pay off the entire loan amount. Nearly every credit contract has what is called a merger clause. What this clause says is that if you miss a payment, all future payments merge and become due immediately. Creditors put this clause in their contracts so that when they repo your car, they can keep the full balance and immediately sue for the rest. If there was no merger...

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I won an auction for a car on ebay but two days later the Seller became unregistered and the listing was removed. I assumed it was over with and moved on, now two weeks later I get a letter from the Seller which is a Lawyer saying he has not heard from me The answer to your question hinges on 1) what were the terms of the deal, and 2) who breached? If your deal required payment within 3 days, and you were ready, willing, and able to perform but couldn't because of the unregistration, then he breached and you may be able to get out of the deal. If not, and the unregistration did not change the terms of the deal, then you have a...

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I was unfairly evicted from my apartment how can I have the eviction taken off of my credit report? and where can I go to find a decent apartment? Is there an office that I can go to for help? How were you "unfairly evicted" and did you fight the eviction?

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WHEN ADDRESSESING ON A LEGAL DOC. IF THE NAME IS SHARON & JOHN HARTMAN JR. HOW WOULD YOU LEGALLY LIST THEM? JOHN HARTMAN JR & SHARON HARTMAN OR SHARON & JOHN HARTMAN JR. ? It does not matter. You can address the people in any way you like so long as it is clear who your are referring to.

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Can a condo association require you to register overnight guests? Wouldn't this be considered an invasion of privacy? Yes. This is not an invasion of privacy because you consented to it when you bought a home with an HOA.

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Should the prosecution be prohibited from mentioning the Nicole Brown Simpson and Ron Goldman murder cases during O.J.'s robbery trial? No, but only because he was acquitted of the charges. A conviction goes to a persons credibility, and credibility is always an issue if he testifies in this trial.

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I can't get a loan because of an open judgment on my credit. This was for a dental bill, I never went to court so by default they won. I have had to have all the dental work redone and now have to pay for that, I don't feel they deserve payment too. What is your question?

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Ok, I was in a car accident that was the other drivers fault. I'm in North Carolina by the way. My insurance company won't give me the time of day. Their insurance company is not going to give me enough to cover the car. What can I do? Sue the driver. The insurance company will only pay up to the policy limit. The driver would be responsible for the rest if he is at fault. Also, if you have uninsured/underinsured coverage, then you should include your insurance company in your lawsuit.

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So I let my roommate borrow my car one night. I said I needed it back in the morning. The car ended up being stolen that night and I don't have full coverage. He has a car but he was lazy about fixing it up and had borrowed mine for a while. Is he liable? Yes, he is liable. This is called a loan for use. When you loan something to somebody, they must use great care to protect it. Absent an act from god, your roommate was responsible for retuning the car in the same condition.

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Is there a law that defines, or prohibits the use of photocopies as evidence in a criminal trial? I thought there was one somewhere, I am not sure where it is. I figure photocopies can be altered originals. Therefore should not be admissible. There is a rule of evidence called the "Best Evidence Rule" which says that a document being admitted to prove the contents of the document must be the best evidence, which is the original. Many states have a similar rule. However, the rule has been greatly weakened over time. Most states and the federal government allow mechanical or carbon copies.

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If i go bk can the franchisor still sue me for money owed? That depends on whether the franchiser's debt was included in the bankruptcy.

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If a girl is claiming rape, but she told her cousin that we had sex and he nutted in me,but told her friend first differently,(that she was raped) Do I have a case? A case for what? Do you want to sue for defamation? What are your thoughts?

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When police do a blue light forensic tests will any bodily fluid appear such as urine or saliva, or is this test semun specific? I have a son who has been accused of sexual misconduct and the forensic team removed carpet pieces after a blue light test. It will pickup multiple body fluids. However, they will test to verify that the fluid is in fact semen. The blue light is just a preliminary detection device.

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My Xwife has defaulted on her bills decreed hers in the divorce settlement. She has ruined my credit and will not pay. This is a CA case. What is your question?

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Receivd tiket for fail to obey traffic contrl devce and safty/belt requred. I never go to tht intersctn and I had my seat belt on when he stopped me. Had it on 14 secs. after drivng. I never saw sign and have pixs of 18 cars trn. wrong. Pld not guilty? The fact that other cars broke the law is irrelevant. If you can prove that the sign was obscured, then you may have a defense. As for the seatbelt, you admit that you began driving without it on. That is a violation. It does not matter that you had it one when you were stopped.

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If two people live in two states with different ages of consent, for example if a20 year old boy were dating a17 year old girl, and if the age of consent in her state was 16, and his was 18, then would it be illegal for them to be intimate in the 16state? You are bound by the law of the state in which the act occurred. Thus, if you had sex in a state where the age of consent is 16, then no crime was committed.

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My roommate is a convicted felon. I own guns. There is noplace I can store them and lately he's been acessing my private space and tampering with my possessions. What can I legally do to get him to move? We share a lease equally. Ask him to leave. If he refuses, tell him you will call his parole officer (if he has one), or the police (if he does not) and inform them of his actions.

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Can a person be indicted by a grand jury without being formally noticed (served?) in advance of the proceedings? Yes. You have no right to appear at a grand jury, and most of the time the indicted person never gets notice of the grand jury proceeding prior to the proceeding.

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My step fater just passedLeaving me to care for my disabled sister. The only will I can find is from 1984 long out dated. My concern is he left no assets only debt including a 27 year mortgage. How do we keep the house and change the name on the loan. You need to pay off the loan. The bank has the right to foreclose on the house to recoup the loan. Your father can only devise things that he actually owns.

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What is the legal age to tie your tubes in California? 18 without parental consent. However, most doctors wont do the procedure on an 18 year old.

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How To Settle A Lawsuit From A Storage Company Make an offer and hope the company accepts it.

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Hi im 21 and my girlfriend is 17 is it legal to have sexual relations? It depends on what state you live in. In many states it is legal, in others it is illegal.

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Is it legal for an off duty police officer(not in uniform) to be bouncer at a nightclub? Yes, it is legal. In fact, a lot of cops earn extra money by working private security events after hours. Many precincts have policies that limit or prevent an officer from working security jobs, but this does not effect the legality of it.

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My husband and I have only been married for 8 months, he has not worked, not contributed to any bills, and his name is not on my lease. Can I evict him? Unfortunately, he HAS contributed to the bills. Once you get married, your income becomes partly his income. If you evict him, he has the right to take your income (which is partly his) and use it to rent another place.

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IS IT TRUE THAT ACCORDING TO SMALL BUSINESS THEY ARE NOT REQUIRED TO PAY FOR YOUR OVERTIME (AN HOUR AND A HALF), EVEN IF YOU WORKED 90 HOURS IN A 2 WEEK PAY PERIOD? No. Certain small businesses are exempt from some discrimination laws, but they still must follow the wage and hour laws.

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How to sue someone for making racial comments You can't. The first amendment gives a person the right to make racial comments.

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If you have aquired sick pay from one company, and complete your two week notice do you receive the pay out for the sick pay? No.

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Can a person have a TRUST and a WILL at the same time, written by the same attorney?. Yes. They are usually written by the same attorney, and many people have both a will and a trust.

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Can you notifly a person of a courtroom NEED TO APPEAR in 12 hours?. I received a notice that a non contact order was being issued against me and I received the notice on the 29th and the court date was 30th at 9AM. No time to contact lawyer.. The hearing was most likely a Temporary Restraining Order (TRO) hearing. For a TRO, the applicant gets a hearing within 24 hours and only needs to inform the other party if feasible. Most of the time you will not be informed before the TRO hearing. Once a TRO is issued, it is only good for a short amount of time until a hearing for a permanent restraining order is set. You will get notice...

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Do I have a case? (CA) Drunk driver in company vehicle ran into residence. Took place after work hours, driver has permission to drive vehicle after hours. Driver has prior DUI on record. Can I sue company? Is this negligent entrustment? Cited for 12500 a You can sue the driver. However, just because a person has a prior DUI does not mean that it is negligence to entrust them with a company vehicle. If the driver was an alcoholic and the employer know about it, this would be enough. Of course, if you sued you would name the company and the driver. And the companies insurance will likely pay for house repairs.

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What is the statue of limitations in New York State on debt collection of a vehicle that was already returned seven years ago and auctioned off by them? Also what right do they have to freeze my mothers bank account after seven years with no warning? If they froze your mothers bank account, the statute of limitations (SOL) no longer matters. The SOL is how long the creditor has to bring suit. If they have attached a bank account, this means they already brought suit, got a default judgment, and are now enforcing the judgment. Judgments are usually good for 10 years, but can be renewed one or more times. And you did have warning. You...

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I forgot to sign a speeding ticket. Can I get out of it? Maybe! But not because you did not sign it.

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I signed an agreeement to buy a puppy in another state and changed my mind and stopped payment on the check. The seller is threating to take legal action for the deposit. What State would a suit have to be filed and would I be held liable? The seller can always file suit in the state where you reside. Also, in most states, he can file suit where the contract was entered into or was supposed to be performed. As for whether or not he has a case, of course he does. Once you accept an offer you have a binding contract. The only way out of the deal is by agreement of both parties.

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What is the legal binding age to sign vehicle purchase agreements in the sate of Texas Binding on which party? A minor can sign a contract and can hold the seller to the deal, but the seller cannot hold a minor to the deal.

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March 9, 2008 answered by Legal Expert2 the question, What is the definition of Time, Place, and Manner Restrictions? A time place and manner restriction is a restriction on free speech that is content-neutral and is narrowly tailored to serve an important governmental interest. For example, if a city passes an ordinance that says no banners are permitted to be hung on a freeway overpass because it would interfere with traffic safety would be a TPM restriction. You will note that this does restrict your...

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The resturant I have been working in for over a year and they have provided us with uniforms, has just informed us that we now have to wear white button up shirts and buy them outside of work. My question is is this legal for them to do? Yes. There is no federal law that requires an employer to provide a uniform, but many states require that a employer provide uniforms. However, most states only require the employer to pay for the uniform if it is employer specific clothing. For example, if you have to wear a shirt that says "McDonalds" on it, then the employer would have to provide the uniform in many states....