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Answer to:
Do my descendants have to pay federal and state back taxes with life insurance money?
Assuming you are referring to the back taxes that you might owe at the time of your death, the answer is no. If a decedent owes taxes or other debts at the time of his/her death, the assets of the decedent's estate must be used to pay those debts. Life insurance proceeds, however, generally are not considered part of the decedent's estate, so the beneficiaries of a life insurance policy would...
Answer to:
I'm sole beneficiary, but NOT executor. The debts are teetering on being more than value of the land I HAVE to keep in the family. (plus remaining mortgage). CAN the executor make choices about what to sell WITHOUT asking me first?
The executor has the responsibility of gathering the estate's assets, paying its debts, and then distributing whatever is left (if anything) to the beneficiaries. As a result, the executor does have a fiduciary duty to you, as a beneficiary, to prevent the property in the estate from being plundered by others, or from being otherwise "wasted" by failure to pay a mortgage, for...
Answer to:
What happened to the teacher who had sex with her 13 year old student?
Perhaps you are referring to Mary Kay Letourneau, who was convicted of statutory rape in 1997 for having a relationship with a 13 year-old male student of hers. She actually served several years in prison in the State of Washington, and upon getting out got married to the student (then an adult), and they now have children together.
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Answer to:
Common Law and British and American history establish that it is every man's right to resist an ILLEGAL arrest by all means necessary. How do American police and courts get around this?
I'm not sure what actions you think one might be justified in taking to "resist" an "illegal" arrest, but I would certainly challenge you to provide any legal citation that would permit any use of violence to resist an arresting officer, regardless of your belief as to the legality of the arrest itself.
Rather, under our system of justice, the proper and lawful way...
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My disabled wife & I live aboard our boat in a municipal marina in CA. (2 years ago we filed for homestead exemption.) Can the marina legally put a lien against our boat/home and auction it off for being 2 months in arrears?
According to California Code of Civil Procedure Section 704.950:
"A judgment lien on real property ... does not attach to a declared homestead if both of the following requirements are satisfied:
(1) A homestead declaration describing the declared homestead was recorded prior to the time the abstract or certified copy of the judgment was recorded to create the judgment lien.
(2)...
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My grandfather sold some land in the early 1900's but he retained the mineral rights. My dad always said he had them after my grandfather died. Are mineral rights inherited, and how do we even find out if we now own them?
You haven't indicated where the property is located, but assuming it is in the U.S., ownership rights to real property (including mineral rights) can be inherited along with other assets within a decedent's estate. You have two issues that need to be resolved before you can determine whether your father owns such rights: (1) Whether your grandfather owned these mineral rights at the...
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Is there some law that will not allow utility companies to cut off the water and electricity of a person who has MS and as a result of the MS is legally blind and wheelchair bound?
There may be "some law" somewhere that addresses this issue, but since laws vary between countries, states, and cities, I believe no meaningful answer can be provided without more information. Sorry.
Answer to:
According to texas law are the parents named in a wrongful death lawsuit entitled to any part of the settlement?
Since parents could not possibly recover any money from a wrongful death claim unless they have brought the action, I'll assume that's the case. The answer, then, is yes, the parents may recover at least a portion of any settlement or judgment. The Texas Civil Practice and Remedies Code specifies that the surviving spouse, children, and parents of the deceased are all entitled to...
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My friend wants to look up his drivers license online to see if he has all his fines and tickets payed for. Would this info be on his driving record or some other form? I live in AZ if that helps
Arizona has a means by which a driver may obtain his driving record online. Here's a link to the official MVD website with instructions: http://www.azdot.gov/mvd/faqs/scripts/FAQsResponse.asp?Category=1&Keyword=
Answer to:
How do you get your name changed legally?
In California, you must file a Petition for a Name Change in the Superior Court. Here's a link to the California Judicial Council form that you would fill out and file along with the appropriate filing fee and supporting documents: http://www.courtinfo.ca.gov/forms/documents/nc100.pdf
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What is a good website that full out gives me the actual law? Specifically for Colorado would b nice
The official Colorado site containing its revised statutes is at http://www.state.co.us/gov_dir/leg_dir/olls/colorado_revised_statutes.htm
If you are looking for general legal information, as well as statutes and case law for different jurisdictions, you should try http://my.findlaw.com or http://www.findlaw.com/.
Answer to:
What are the formal qulifications to be president
According to Article II, Section 1 of the U.S. Constitution, to be eligible to be the President a person must be: (1) At least 35 years old; (2) A "natural born" citizen of the U.S.A.; and (3) A resident of the United States for at least fourteen years. http://www.usconstitution.net/const.html#A2Sec1
Answer to:
I live in Arkansas and own a Condo. Since the economy has become bad and I was "laid off" I have fallen behind in my Condo Assessments. The Condo Board says they will file a "Lien" against my property. I find no authority for this. Am I right?
No, you're not right. Arkansas law provides for the creation of homeowners' associations - referred to in the statutes as "horizontal property regimes" - to govern communities and maintain common areas. These associations may assess homeowners for the cost of maintenance and other expenses, and may place liens on the homeowners' properties for unpaid assessments. The...
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How was it that Aaron Burr was never put on trial?
According to one source, many years after the duel in which he killed Alexander Hamilton, Aaron Burr was ultimately tried in New York, but was acquitted. http://en.wikipedia.org/wiki/Burr-Hamilton_duel
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My computer got a virus that wiped everything off my hard drive,like my resume. If I was to get a background check on myself would it tell me my employers info and the dates I worked there? Due to everything being taxed shouldn't it be under my SSN
No, your credit reports will not list your entire employment history. Generally the three major bureaus only have a record of your most recent employers, and that information is not always correct, if it is there at all. The I.R.S. does not report the taxes you pay to the bureaus.
Of course,the only way of knowing what is in your reports is to request them. You are entitled to one free...
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My daugher has asthma and has been getting worse and doctor wont sign fmla paperwork even though in the last week her school has called me at work 2 times because shes had asthma attacks. What can I do? is doctor required by law to sign the paperwork?
Your daughter's doctor is not required to assist you in obtaining a leave of absence from work under the provisions of the Family Medical Leave Act. It seems that in his or her medical judgment, your daughter's condition does not warrant you taking a leave of absence to care for her. This doctor may very well be wrong, but I believe your remedy is either to find a more supportive...
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Answer to:
What is the difference between "living will" and "family trust"? Do you have one?
A "living will" is a written advance directive you can use to express your wishes concerning the extent of the health care measures you want taken in the event you become terminally ill and unable to express those wishes yourself. For example, you can direct that you do not want to be rescuscitated if your heart stops, that you do not want feeding tubes, etc. I personally believe that...
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Can anyone give me the ORS that defines a weapon. Not a firearm greer6085@comcast.net
Assuming that "ORS" as used in your question is an acronym for the Oregon Revised Statutes, the general definitions for a "dangerous" or "deadly" weapon is in Volume 4, Section 161.015, which states:
" 161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
(1)...
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My brother passed in February- he was found with a bullet in the back of his head, the police ruled it 'suicide' and closed the case. My family and I believe this was a homicide- how do we proceed?
Given the nature of your brother's death, I would assume that an autopsy was performed in addition to some sort of a police investigation to determine both the cause and the manner of his death. The "cause" of death is a medical conclusion (i.e., "cardiac arrest"), while the "manner" of death relates to the action that brought about the cause of death (i.e.,...
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After 3yrs of service I was 100% vested in my 401k on employer contributions. My statement ending 12/31/08 is 100% vested. My statement ending 3/31/09 is 0%. Can employer change vested percent once I am 100% vested
I cannot give you a substantive answer based upon the information you've provided, other than to note that an employer generally can change terms and conditions relating to matching contributions it makes to a 401k account. I suggest you contact either your human resources department or the administrator of the plan to determine the reason for the change to your vested percentage in the...
Answer to:
Can we take a driving test (for driving license) with a rental car?
According to the Arizona Driver's Manual, there does not appear to be a requirement that you own the vehicle you take the road test in, provided that: (1) the car is in good operating condition and has current registration, plate and tab; and (2) that you have current automobile liability insurance. Here's a link to the manual: http://www.azdot.gov/mvd/custsvcguide.asp
Just to be...
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If you are driving on a split highway (with a median separating traffic going in opposite directions) and an ambulance or cop car comes down the opposite side (other side of the median), are you required to stop for them?
The Michigan Vehicle Code requires that other vehicles must "immediately yield the right of way" and pull to the right "upon the immediate approach" of a lit up emergency vehicle. http://www.legislature.mi.gov/(S(xpsl5n55y0httyrgnfircmuo))/mileg.aspx?page=getObject&objectName=mcl-257-653
I could not find any express exceptions to this rule based upon the emergency...
Answer to:
I am a cook and my chef not only cursed at me in front of the entire kitchen,but also yelled out loud how much money I make and told everyone I was not worth what he is paying me.Do I have a legal case?
Not based upon the facts you've presented. Being rude and unprofessional (in and of itself) is not an unlawful employment practice (at least not in the U.S.), and as such could not support a claim for damages in a civil lawsuit, unless you are being singled out for this treatment due to your race, sex, national origin, religion, disability, or age (if over 40).
Answer to:
I was told that i was not able to put my name on the birt certificate because the women was merried but i have a child support order she was borning in georgia in my order is and indianapolis
In most states in the U.S., a child born to a married woman is presumed also to be the child of the woman's husband, so only the husband's name will be permitted on the birth certificate.
Your Indiana child support order does not really mean anything to the state of Georgia in and of itself. If, however, the Indiana order included a ruling establishing your paternity, you may file...
Answer to:
Has the Supreme Court ever said that "anchor babies" are citizens?
The Supreme Court does not have to say that children born in the U.S. are citizens, since the plain language of the 14th Amendment quite clearly establishes this all by itself:
'All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.'
Purplecows: I’ll respond to...
Answer to:
How does a mermaid use the bathroom?
Mermaids don't have to use the restroom, because they're IMAGINARY.
Elmo doesn't have to go, either, but at some point they'll probably come out with a "Pee-with-me-Elmo" doll anyway.
Answer to:
Is unsifted powdered sugar, just confectioners sugar?
Powdered sugar and confectioner's sugar are the same thing. "Unsifted" simply means that the sugar has not been put through a sifting screen; it doesn't change what type of sugar it is.
Answer to:
Someone told me ,we need to oil nonstick pans before first use.I never heard about it and never did it.Before first use I just wash nonstick pans with soap and water.need suggestion please.
Although I'm familiar with oiling a cast iron pan to "season" it, I've never heard of oiling a non-stick pan. More importantly, a major manufacturer of non-stick pans doesn't suggest it: http://www.calphalon.com/calphalon/consumer/jhtml/nonstick.jhtml
Seems to me you're right to limit the treatment to gentle washing.
Answer to:
How many amendments are in ohio's constitution up to this point?
Ohio's constitution does not have enumerated amendments (e.g., First Amendment, Second Amendment, etc.) in the fashion of the U.S. Constitution. Instead,if a provision in the Ohio constitution is added, revised, or repealed, this change occurs in the text of the various Articles contained in the constition. You can determine whether the provision has been amended by the parenthetical...
Answer to:
If my friend is representing me at court do i need to go too? Or can I have the court date post poned due to ilnness im heavily pregnant and cant hanbdle this right now!
The only way someone else can represent you in court is if that person is an attorney. Even so, whether you still need to be present depends on the type of court appearance. Since you do not state whether this is a civil or criminal proceeding, or what type of court hearing is pending, no one can competently answer your question as to whether you need to appear personally.
In any event, if...
Answer to:
My mother has poa over my grandmother & wants to put her in a nursing home & sell grandmas house. grandma has a stable mind & wants to stay in her house, is there anything I can do to stop my mother?
If your grandmother granted your mother a "general" or "special" power of attorney then all she has to do is revoke it by preparing a "revocation of power of attorney" form. I would recommend having this document notarized and recorded, if possible. If, however, your mother has some sort of a guardianship that was granted by a court, the grandmother (or someone on...
Answer to:
When someone dies, and one beneficiary is the executor with a larger account, and one beneficiary is the son or daughter of the deceased, which accounts are bill debts paid from?
Payment for the debts of the deceased come from the bank accounts or liquidation of other property belonging to the deceased at his or her death. They are not paid from the personal accounts of either the executor/personal representative or any of the beneficiaries.
The job of the executor is to determine what assets the decedent had, to gather them, to pay the debts of the estate, and to...
Answer to:
If i wanted to create something with mickey mouse on it (or a famous childrens character) can i do so and sell it? I am a small time wood crafter and periodically create disney characters. clearly not implyed product is produced or endorced by disney.
You can only legally sell a product with a copyrighted image if you first receive permission from the copyright holder to do so, i.e., you must obtain a license. Simply put, the purpose of a copyright is to prevent anyone but the owner from using, disseminating, or profiting from the material.
Answer to:
Has anyone claimed malpractice on a vet before? My friends dog was killed while getting a routine teeth cleaning and this unfortunate event is screaming negligence!
Yes, there is such a claim as "veterinary malpractice," and there are even attorneys that specialize in animal law. Like any claim for professional negligence, however, a claim against a veterinarian would have to be supported by expert testimony from another veterinarian to establish that the unfortunate death of the dog was caused by conduct below the standard of care, which is...
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Answer to:
If a child is born with birth defects and the parents divorce, can the mother sue the father for monetary gain if the cause of the defect is a gene that the fathers family carries?
Short answer: No. There have been a few recognized cases of "wrongful birth" in the U.S., but they have all been brought against physicians who allegedly failed to inform the potential parents of a severe defect in their unborn baby, thereby denying the parents the opportunity to terminate the pregnancy. In such cases, the only permissible damages were the difference in expense...
Answer to:
Does a vegetarian restaurant discriminate against meat eaters by not serving meat dishes?
It may be classified as discrimination, but it is not illegal discrimation. Neither "meat eaters" or "vegetarians" are a "protected class" under any U.S. or state constitutional or statutory provisions.
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Answer to:
My rights werent read do i beat the case
I wouldn't count on it. The "Miranda" warnings must only be given prior to "custodial interrogation," which is police questioning when it is clear you are not free to leave. Accordingly, if you were (1) not in police custody at the time of questioning; (2) not questioned while in custody; (3) refused to answer questions when asked; or (4) volunteered your statements...
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Answer to:
Does a beneficiary become the grantor? I am not sure if I was listed as a beneficiary to begin with but when the grantor dies, does the next beneficiary become the grantor?
Your question is only answerable in the most general terms since it does not provide any facts. In general, a "beneficiary" is the intended recipient of benefits or property from someone or something, such as a trust, estate, or insurance policy. A "grantor" is one who gives, sells, or transfers something (often land) to another (the "grantee").
Accordingly,...
Answer to:
CAN YOU GET FULLY COMPREHENSIVE FOR A CAR YOU DONT OWN AND WHICH IS OWN MY YOUR WIFE WITHOUT YOU LEGALLY OWNING THE CAR?
Most auto insurance companies require that the person obtaining the insurance on a vehicle have an "insurable interest" in the car, which means you must be an owner or have some lien on the title. The purpose of this requirement is to prevent fraud, such as taking out a large policy on a car you don't own and then destroying the car for the insurance money. After all, what...
Answer to:
I am 19 and live with my grandmother. I have always been careful to be sure that my credit has been good. Mom used my ssn and it's now in collections in my name. Other than have her arrested,what can I do??
The federal statute known as "FACTA" (Fair and Accurate Credit Transactions Act) provides some help to victims (or potential victims) of identity theft, including: (1) allowing you to obtain free copies of your credit reports; (2) placing a free "fraud alert" on your credit reports to prevent any additional credit from being opened in your name; and (3) allowing you to...
Answer to:
Are the cops harassing DMX? Or is he just really unlawful and unlucky? He's been arrested six times in the last three months.
Earl Simmons is a scumbag, and scumbags have a way of ending up on law enforcement's radar. Look up the stories about him: prior convictions for animal cruelty (keeping dogs in cages to the point they became deformed), pending charges for animal cruelty (dozens of dead and starving fighting dogs on his property), caught on camera driving 120 mph on the freeway, and most recently giving a...
Answer to:
I live in a condominium and my lease was up from from march, i was not given another lease to sign, i still paid my rent on time, i am now moving into house, do i need to give my landlord any notice since i have a lease or an agreement to pay monthly
In most states, upon the expiration of a written lease the tenancy automatically defaults to a month-to-month term. Typically this means that either the landlord or the tenant must provide a minimum of 30 days' notice to terminate the tenancy. The specific requirements for your state may differ, so I would recommend looking up the "landlord tenant act" that applies where you live.
Answer to:
If we have seperation of church and state, why does one have to swear upon the bible in court? what if you refuse?
I'm not aware of any jurisdiction in the U.S. that requires the use of a bible in its courts. Typically a witness is only required to raise his right hand and swear (or affirm) that he will testify truthfully; no bible or other book is involved.
Answer to:
Form asked:were you ever indicted... Not sure how to answer. I was a cross or maybe codefendant (parttime salesman for company selling unregistered securities). (US District Court Civil) Plantiff atty told me to pay $2000, he would release me, he did.
From the information you've provided, it sounds as though you were a defendant in a civil action (lawsuit), and not a defendant in a criminal prosecution. Indictments only occur in criminal proceedings, so you were not indicted.
Answer to:
How do I get a summary suspension removed for a case in which i was not charged with anything but refused a bac. and received a 3 year summarry suspension because i did not appeal it? It is in Illinois.
Illinois, like most states, has a law that provides for the automatic suspension of a driver's license of a driver who refuses a chemical test for drugs or alcohol. (See Illinois Vehicle Code sec. 11-501.1). According to the law, your "summary suspension" will only be lifted upon the expiration of the minimum time of suspension and the payment of a fee. To discourage people from...
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If you have a joint account with a boyfriend can it be closed without your signature. Is it legal to remove all the money from this account.
Either party to a joint account has the right to access all the proceeds within that account. As such, one party can "wipe out" the proceeds without the consent of the other. This is precisely why you should never have a joint account with someone to whom you are not married (or have some written agreement concerning asset division), as you have no protection against the wasting of...
Answer to:
Can an emploer hold a paycheck due to not signing a paper saying you quit when you already wrote one out?
No, an employer does not have the right to withhold a paycheck for money earned, irrespective of whether you quit or were involuntarily terminated, and you cannot be forced to sign any waiver in order to receive your pay.
Answer to:
I was exiting off of the 91 express lanes in california and the sign that was posted said "carpool lane to the left, fast track ok" so i stayed in the carpool lane. i recieved a ticket for driving in the carpool lane about 6 miles later. can i fight this.
"FasTrak" is a program in California wherein you can sign up to pay for the right to drive in the carpool lane. You purchase an electronic card that automatically debits your account when you pass certain checkpoints. I have no idea how you think the "FasTrak OK" sign entitled you to drive in what you knew was a carpool lane, and I doubt any hearing officer would understand...
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Answer to:
If i am terminated as a saleried employee only because the company wants to go in a different direction and there was no wrong doing on my behalf and it is the middle of the year do they have to pay me my salary for the rest of that year.
In the absence of an employment agreement that provides for this occurrence, my understanding is that you would be entitled to a pro-rated amount of your salary for the current pay period. In other words, assuming you are paid every two weeks (10 working days), if you are terminated on the first day of your new pay period, you would be entitled only to that one day's pay, or 1/10 of your...
Answer to:
Was the California Supreme Court right to allow gay marriage?
The Court did not "allow" gay marriage. What they did -- correctly, in my view -- is strike down a voter initiative that purported to limit the right to marry to heterosexual couples. California's Constitution (unlike many other states) expressly forbids discrimination based upon sexual orientation, and the law in question clearly violated that provision of the California...
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I am planning to buy a new car in California. But I may need to move permanently to Arizona within the next 3-4 weeks. Is it very expensive (or a lot of hassle) to transfer the registration to Arizona?
Transferring title and registration is a simple process. The only problem with buying a car in California and then immediately transferring your title and registration to Arizona is that you will be paying for the same year's registration twice. Since both California and Arizona base part of their registration fee upon the value of the vehicle (similar to a sales tax), this could get...
Answer to:
Do you think Supreme Courts should make law or interpret it?
I believe your question is overly simplistic. The most important job of an appellate court is to determine whether a law or other government action is constitutional, i.e., is in conformity with the highest law of the land. Accordingly, by striking down a law determined to be unconstitutional, many would contend this is "making law," which simply is not the case.
As far as the...
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Answer to:
Is it llegal to drive with white neon lights under your car in california? i understand red and blue is illegal.
According to California Vehicle Code Section 25102, it is legal to have decorative lights on the side of a vehicle provided they meet the following criteria:
"[A]ny motor vehicle may be equipped with lamps on the sides thereof, visible from the side of the vehicle but not from the front or rear thereof, which lamps, together with mountings or receptacles, shall be set into depressions...
Answer to:
What does 1.9 bac constitute in NJ
I can only presume that you intended to type ".19" instead of "1.9", because Blood Alcohol Content (BAC) is a percentage, with 1.0 being the equivalent of 1%.
Under Florida law, anyone caught driving with a BAC of .08 or greater is presumed to be driving under the influence. Greater penalties apply for anyone caught driving with a BAC of .10 or greater. As such, a BAC of...
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If a couple files for divorce, but prior to the divorce being final the male purchases a home, can the woman still make any claim to the house?
I don't know where your live, but in a community property state, any property purchased with community assets is owned equally by both parties to the marriage. As such, a home purchased during the marriage (even after divorce is filed) will likely be presumed to have been purchased with community assets, regardless of whose name is on the deed. You really should consult with a family...
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How do I get my name off a vehicle my ex-wife took from our divorce? I am the primary on a truck my ex has. She had failed to make 9 payments which as dropped my credit so low that I can't even get approved for a car loan for my new family.
Your divorce decree should spell out that your ex-wife was awarded both the car and all financial responsibilities for it. Obtain several certified copies of your decree from the court records office and send it along with correspondence explaining the situation to the car lender and the 3 credit reporting agencies in order to request that your name be removed from the loan and the credit...
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My 13y/o son was horseplaying at school with a bunch of other boys. My son playfully pushed his friend and the boy fell and cut his head he had to have some stitches. The parents may ask me to cover the medical bills. Am I liable, they were playing around
Your responsibility depends on which state you live in. Some states hold parents strictly liable for damages caused by the negligence of their minor children, while others do not in the absence of some negligence by the parent. In addition, it's possible that your son's "playful push" may be deemed a willful act, and some states, including California, hold a parent strictly...
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Answer to:
What is Louisianna's equivalent to a Qiuck Claim Deed?
I assume you mean "quitclaim" deed, rather than "quick-claim" (which doesn't exist). If so, as far as I can tell, the quitclaim deed -- which does not warrant good title, but simply transfers whatever rights the transferor has in real property to another -- exists in Louisiana just as it does in other states.
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I hope someone has the answer to this question, I have researched until I can hardly see. If a death certificate has the manner of death as "undetermined" how can I challenge this. It clearly should be "accidental". all help greatly appreciated.
I understand that your concern regarding the death certificate's "undetermined" manner of death is due to the insurance company's denial of death benefits on the basis that it may have been the result of suicide. If so, your best option does not involve attempting to change the findings of the death certificate.
Rather, I would suggest you contact a lawyer specializing...
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Answer to:
In Texas can a credit card company freeze your bank account if you don't pay them, also can they put a lien or judgement on property?
If your credit card is with the same bank as your bank account, then generally the bank will be able to freeze (or deduct the money from) your bank account for amounts owed on the credit card. This provision is usually in the tiny print on the terms of the credit card agreement and/or your bank account agreement.
As for placing a lien on your other property, the bank would need a judgment.
Answer to:
My name is on a car i purchased for my daughter. the car is paid for. i want to put the car in my daughter's name, but have my name on it just in case my daughter can't pay the car insurance, has an accident, etc.
Simply transfer the title solely to your daughter. Contact your state's motor vehicle department (or visit its website) for instructions.
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I am considering filing chapter 7. If I do this will i lose my home.
Both the Bankruptcy Code and individual state laws allow for certain property to be exempt from liquidation during bankruptcy. Whether your home would be exempt, however, cannot be determined with what little information you have provided. I would recommend that you seek the advice of a bankruptcy attorney in your area for assistance. The initial consultation is often free. You may also want to...
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Answer to:
I am considering filing chapter 7. If I do this will i lose my home.
[Double post.]
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Answer to:
I am considering filing chapter 7. If I do this will i lose my home.
[Nothing to see here. AB froze and then re-posted same answer.]
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Defendant has stated in private that a sum of money was transferred to another person to avoid discovery and that an attorney was aware of this. In TN, w/subvertion, can attorney client privilege be used by defendant to keep this secret.
Attorney-client privilege may prevent the defendant's attorney from discussing the transaction, but it will not stop anyone from being able to force the defendant himself to testify, under oath, concerning the matter, nor will it prevent the successful issuance of a subpoena (to a third party) or written discovery (to the defendant) requiring information about the topic.
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If I am greencard holder, can I sponsor a E1 or E2 visa applicant?
I don't see any indication that either a Treaty Investor visa (E-2) or a Treaty Trader visa (E-1) has any sponsorship provisions at all. The applicant himself must provide the evidence necessary to qualify for the visa: http://www.path2usa.com/immigration/visacategory/evisa.htm
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In San Diego Superior Court my wife filed for divorce 2/14/08. I was served & responded timely. She did not file "Proof of Service". Can I: Quash he summons? Motion for dismissal? If she never files proof, does the case move fwd or remain inactive?
The court will send your wife a notice re her failure to file a proof of service, which she will probably cure promptly. Then the case will be made active and other dates will be assigned by the court.
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My 74 year old mother wants to change her goverment bonds to cash, how does she do it?
Not sure what kind of "government bonds" you're referring to, but here are instructions for redeeming U.S. Treasury bills and notes: http://www.treasurydirect.gov/indiv/research/indepth/tbills/res_tbill_sell.htm.
Cashing U.S. Savings Bond is even simpler, as almost any bank will exchange them for cash upon showing of proper identification.
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If, as I heard on TV last night, Obama wins the Dem. nomination & picks Hillary to be his VP. will she be able to do something as VP for gay marriage?
Unlikely, since marriage -- laws, eligibility, etc. -- falls under the purview of the States rather than the federal government.
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Answer to:
What is the Treaty of Guadalupe Hidalgo, its significance, and what does it state?
This was the treaty signed in 1848 to end the Mexican-American War. It's most significant provision (to the U.S.) was that Mexico ceded most of what is now the Southwestern United States in exchange for $15 million. Here's more: http://www.loc.gov/rr/hispanic/ghtreaty/
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Answer to:
I took a job out of state,had to break lease,got nasty letter demanding two months of rent they lost or will send to credit bureaus.Apt. complex was not a safe place either, lots of theft.What are my rights?
Since you admit that you broke your lease due to a new job, the fact that your apartment was not safe is not going to be of any help to you.
What the landlord is entitled to is the amount of rent he/she has lost due to not having a tenant in the unit, provided he has tried to locate another tenant in your place (e.g., through placing ads, etc.). The landlord is NOT entitled to rent for the...
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Can your old landlord legally come knocking on your "new door" asking for money they feel is from damages from your old property. and change the amounts and charge interest. He did send it to small claims thats pending
A former landlord can certainly make a claim for damages that you may have done to the property during your tenancy, provided he or she submitted an itemized list of the alleged damage and cost of repair within the time specified by your state's Landlord-Tenant Act. (You'll need to look this up since you don't identify your state.) This claimed damage cannot be a "moving...
Answer to:
I did not do my taxes for 06. I got an extension until 10/06. Didn't do them. I actually forgot. Found to be ADHD in June 06. I then started meds (Strattera) and they are being adjusted. Now its 06 AND 07 taxes. What should I be afraid of?
The IRS is not going to come knocking on your door due to your failure to file an income tax return for the past couple of years. Instead, they'll likely send you a letter that estimates what your income was for those periods (usually an amount higher than you actually earned) and claims you must pay tax upon that income estimate, as well as penalties.
To avoid this, simply file your...
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Answer to:
I want to be a lawyer when I grow up is there anything special I should do for high school to be a better lawyer?
Take as many writing/English courses as you can. The best lawyers (and judges) are those who can clearly and concisely communicate their ideas. It is amazing how many lawyers are terrible writers...don't be one of them.
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Answer to:
When filing for annulment due to fraud in CA, do you have to disclose the type of fraud?
The Petition itself does not require a disclosure concerning the particular type of fraud alleged, but if the annulment is contested you will likely have to provide evidence of the alleged fraud to the court. Here's a link to the California Court's self-help page which can provide more information: http://www.courtinfo.ca.gov/selfhelp/family/divorce/get.htm
Answer to:
I built a fence on my property line. Neighbors decided to connect (wing runs from their house, connects to the fence I paid for). They wont help pay for the cost of the shared length of fence on the property line. Legally, is there anything I can do?
No, unless you built the fence after first making a cost-sharing agreement with the neighbors. You cannot impose such a liability upon them after the fact, even though they will likely benefit from the existence of the fence.
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Can someone tell me how many times the Mickelbergs appealed and in what courts
I have no personal knowledge, but if this article is to be believed, the accused robbers were ultimately vindicated in 2004 by the West Australian Supreme Court of Criminal Appeal on their eighth attempt at an appeal of their conviction: http://www.smh.com.au/articles/2004/07/02/1088488142902.html
Answer to:
What would be a good thing to put on an old wooden cutting board that is drying out? (it was my mom's so I don't want to replace it)
I wouldn't use linseed oil on a surface designed for food use due to its odor; I'm also not sure it's food-safe. Better to use a food-safe mineral oil, as it doesn't have an odor or taste and will not go rancid. You could also use a food-safe lacquer (shellac) or varnish (natural tung oil). http://www.fantes.com/wood-care.html;...
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Answer to:
Is the Hartz flea and tick prevention sold in grocery stores as effective as Frontline?
From my experience, Hartz and other cheaper brands are much more likely to cause pain and skin irritation on my cats, so I think it's well worth it to use a better product like Frontline, which has never caused any issues for the kitties, and lasts longer.
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Answer to:
A journalist from Sudan has just been released from Guatanamo after being held for 6 years without charge or trial. When will this hell hole be closed?
It will be closed after the U.S. undergoes "regime change." Thankfully this will be happening soon.
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Answer to:
Can you legally find out if your wife has had an abortion?
Sure ... you can ask her. Her medical records are private, though.
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Answer to:
My roomate was talking about me behind my back, when I found out came back in the room and told her in a very firm voice if she has somthing to say say it to my face is that wrong? Seems like everyone is turning it on me because she cried and I didnt....
Such concern regarding this "talking behind one's back" is the height of immaturity. People TALK to one another, for crying out loud, and are entitled to speak on whatever subject they choose -- including other people.
If your friends are upset with you, it's not because your roommate cried, it's because of your behavior.
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Answer to:
With the First Amendment in place, how are libel and slander laws able to be enforced?
The First Amendment protects one against most government action that would infringe upon the right to free speech. It does not provide blanket protection from having to pay for the consequences of that speech. In that same sense, the 2nd Amendment's protection of the right to bear arms does not act as a shield against liability for shooting someone.
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Answer to:
If you had a chance to become a vampire would you?
Nope. The sight of blood makes me woozy, and only being able to go out at night would be depressing.
Answer to:
I was never paid a pay check from 2007, Ive called all sorts of ppl conerning this matter,and I keep gettig thron furter away it seems, I cant afford to sue and the company that still ows me was boughtout what ca I do?
First, I would file a complaint with the Wage and Hour Division of your state's Labor Department (or equivalent). You should then file a small claims lawsuit against the successor company, since Small Claims courts are designed for people without lawyers. Small claims jurisdiction varies from state to state, but is typically between $2,500 to $5,000.
Answer to:
How can a middle class person get medical assistance in Calif w/o insurance? We are neither rich nor poor. My wife was between jobs, escrow officer, with no insurance. She was hit head on by an unsafe driver and we cannot get help. Any ideas?
Please contact the Health Care Alliance at http://healthconsumer.org/. Hopefully they can provide some helpful information.
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Answer to:
I was suspended from my job with no pay, while they investigate. not a criminal matter, doesnt this deny me due process of law?
The "due process" protection provided by the U.S. Constitution only applies to actions by governmental entities, not to private employers. So, although your employer may be acting unfairly, it is not a violation of your rights to due process.
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Answer to:
What type of Lawyer was Rumpole?
Horace Rumpole -- the lead character from the British "Rumpole of the Bailey" television show -- was a criminal law barrister.
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A man was released tonight after having been wrongfully imprisoned for 26 yrs. 2 lawyers, stating they were ethically bound, knew this to be wrongful and did nothing. were they good lawyers? heinous people? both?
The attorneys couldn't help the guy. They represented a man who confessed the crime to them, and as such were bound by attorney-client privilege. Our justice system is imperfect; if anything, the problem was with the alleged witnesses and possibly the police work. The attorneys did nothing wrong: http://www.cbsnews.com/stories/2008/03/06/60minutes/main3914719.shtml
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We both agree to divorce and have lived seperate lives for about a year, we still share a house kids and business but not bed. if the reasons for divorce do not apply to us what do we do we dont want to change anything other than the fact we are married
"Living separate lives" is a perfectly good reason for a divorce. Divorce will only change your legal status, not your relationship.
Answer to:
What do you think about a convicted murderer who gets a settlement for having consentual sex with a guard?
In light of the imbalance of power in the prison guard/inmate relationship, I find it questionable that any sex between the two is truly "consensual". Lack of violence is not an indicator of consent, and many inmates (particularly female) would recognize that failing to do what a guard wants can make their lives extremely difficult.
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Answer to:
Workmans comp laws in tennessee
Here's a good place to start your research: http://www.state.tn.us/labor-wfd/wcomp.html
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I was fired today. 3 weeks ago I told my employer that I would have an operation soon. My work record is perfect. My boss has made comments about my age (58).
Please seek a consultation with an employment law attorney in your area as soon as possible. Since you are over the age of 40, unless your former employer can show some legitimate reason for retaining the younger employees over you, you may have a claim for age discrimination. In addition, make sure to sign up for the COBRA health coverage available through your former employer IMMEDIATELY....
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If I cosign on a loan and the individule does not pay, I know I am obligated to pay the loan, but do I have any leagle recourse against him?
Of course you can. Once you pay off the originating loan agency, you now own the debt that you co-signed for and can sue the person for whom you co-signed, just as the originating loan company could.
Answer to:
I want a divorce, for unreconcileable differences. We have not been together for at least 2 years. My wife lives in Idaho, I have lived in Kansas for a year. Can I file here? She says she will contest it. Will I have to go to Idaho to fight it?
Under Kansas law, you can file for divorce in Kansas provided you have been a resident there at least 60 days prior to the filing of the proceeding. Your spouse does not have to be a resident of Kansas for the court to have jurisdiction over the matter; only one spouse needs to be a Kansas resident. http://www.divorcesource.com/info/divorcelawsreq/kansas.shtml
Answer to:
Who is wrong? I' ve got a friend who often stops by w/o calling, if she does call & doesn't get an answer she still comes thinking I will get message and be available. She says a friend's door is always open. I say a friend shows the courtesy to ask.
Your friend is wrong and tremendously self-centered. I believe a real friend would have concern for your wishes and an understanding of boundaries.
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Answer to:
How would a plaintiff’s attorney establish that your organization was “on notice” for security deficiencies?
Most commonly such proof -- if any -- would take the form of prior violent or criminal occurrences that would tend to show the need for better security measures. This does not, in and of itself, prove any claims of negligence based upon "inadequate security measures", but it is part of the evidence that could be presented.
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Answer to:
Have you ever tasted blood? What does it taste like?
I've only tasted my own blood -- seems metallic to me.
Answer to:
What are three responsibilities that states have been given by the U.S. Constitution?
According to the 10th Amendment to the U.S. Constitution: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." As such, the Constitution actually reserves most powers for the States as well as allowing the States concurrent jurisdiction with the federal government over most...
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My mother has been in the US for 4 years. Can I sponsor her as a green card holder or do I have to wait until I am a US citizen?
A sponsoring family member does not have to be a citizen of the U.S., but must be a lawful permanent resident: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=0775667706f7d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1RCRD
Answer to:
When a minor is tried as an adult for a capital offense, is the death penalty ever an option?
In 2005, the U.S. Supreme Court abolished the death penalty for those who committed the crime as a minor, ruling that it constituted cruel and unusual punishment. http://www.washingtonpost.com/wp-dyn/articles/A62584-2005Mar1.html
Answer to:
If you are joint on a banking account with someone and they pass away. Does that account now become yours or do you have to freeze it and wait for the Will reading?
All of the money in a joint bank account can be accessed by either of the joint account holders. Accordingly, the death of one of the account holders does not change the other's right to access the money in the account. The survivor should notify the bank of the death of the joint account holder, but only to prevent any identity theft or other fraud by someone who might try to pose as the...
Answer to:
I purchased my home in 2001. I married in 2004. We lived in it until April 2007, when it was rented. I sold it to my husband in Oct 2007 as we were divorcing. Will Ihave to pay capital gains?
If this house was your "primary residence" for 3 of the past 5 years, then up to $250,000 of capital gain you received from the sale would be exempt from tax.
Answer to:
How soon a trial must be held after an arrest
For a felony charge, Ohio law calls for a trial within 270 days. A misdemeanor is treated differently, and the time in which you must be brought to trial following an arrest will also vary depending on whether you are in custody. Here's the link to the Ohio speedy trial laws: http://codes.ohio.gov/orc/2945.71
Answer to:
What is the ohio state law that says how soon a trial must be held after an arrest
For a felony charge, Ohio law calls for a trial within 270 days. A misdemeanor is treated differently, and the time in which you must be brought to trial following an arrest will also vary depending on whether you are in custody. Here's the link to the Ohio speedy trial laws: http://codes.ohio.gov/orc/2945.71
Answer to:
I cashed out my 401k and now they have held my unemployment check this week. Will I still get unemployment?
Unemployment eligibility varies from state to state, but generally if you have current income from some other source your unemployment benefits are correspondingly reduced or eliminated. I think it would be wrong to have the 401(k) money counted as income to you now (since it was deferred pay for past work, not current earnings), without any information about what state your are in, I can only...
Answer to:
What is the statue of limitations in WA? I recently had a former apt from 18 months claim i owe 1500 for unspecified reasons. All rent was paid and they kept my deposit. Should they have notified me earlier?
According to Washington's Residential Landlord-Tenant Act, your landlord had 14 days after the end of your tenancy to return your deposit with an itemization of any amounts withheld. Any damages that your landlord believes you owed (even those in excess of your deposit) should have been itemized at this time. If the landlord failed to comply with this law, he not only cannot obtain any...
Answer to:
We have been told that a commission based employee is not included in the minimum wage act, if the employers business is under $500,000. Is that true? How can we find out how much the empoyer makes if they are a private business?
Florida has a higher minimum wage than the one required under federal law, but it has adopted the federal law -- the Fair Labor Standards Act (FLSA) -- for purposes of determining the employers and employees to whom the law applies. Generally, a commissioned employee is still protected by the minimum wage requirement except where that employee is solely an "outside sales...
Answer to:
Can a creditor call my commander or work place if i live in virginia
Under the federal Fair Debt Collection Practices Act, a debt collector may only contact a third person (including your employer) for the sole purpose of attempting to locate you, and this communication may only be made on one occasion. Moreover, a debt collector is not permitted to state that they are calling regarding a debt. Virginia law may provide further protection to you as well....
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Answer to:
Common law marriage laws arizona
Arizona, like most states in the U.S., does not recognize "common law" marriage.
Answer to:
Can I sue my attorney if he filed the bankrupcty and in the end I lost my house and my cars? He made me believe I was in a chapter 13 but wasn't because he filed a 7 and then it was dimissed the next day for filing fees. What is my time frame to do this?
If I'm understanding you correctly, a bankruptcy petition that the attorney filed on your behalf was dismissed for failure to pay filing fees, and after this dismissal your house was foreclosed upon and your cars repossessed. If so, these facts may support a claim of malpractice if (as you suggest) the attorney was misleading you into believing you had an active Chapter 13 case when in...
Answer to:
My daughter was arrested for d.u.i and they administered a urine test .they were looking for marijuana usage at the time of arrest. she was not smoking at the time. she might have smoked a few days earlier, can they convict her of this?
The fact pattern you've presented seems incomplete. I find it unlikely that a urine test would be administered in support of a suspicion of DUI -- blood or breath tests are what are administered to determine intoxication. My guess is your daughter was already on probation before her DUI arrest, and that as a condition of that probation she was ordered to refrain from taking any drugs and...
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Answer to:
When does bankruptcy end?
Regardless of the type of proceeding filed (Chapter 7, 11, or 13), bankruptcy proceedings come to an end when the Bankruptcy Court issues an order either dismissing or discharging the bankruptcy proceeding. How long this takes is entirely case-sensitive, and no generalizations can be made. You can check the Bankruptcy Court's docket to determine whether any particular action has been...
Answer to:
After a bankruptcy has been settled is there anyway I can collect what is owed to me from that person?
It depends. If you were listed on the bankruptcy petition as a creditor of the person, it's most likely your debt was included in whatever resolution was ordered by the bankruptcy judge. If the debt you claim is owed was not secured by some collateral, it's possible it was discharged in the proceeding. In fact, if you were listed as a creditor, you should have received notice of this...
Answer to:
Can you put an add in like the public notices to get a divorece and if uncontested is it legal?
No. If you know where your spouse lives (or have a way of finding out), you cannot serve notice of the divorce proceedings by publication in a newspaper; you must personally serve the papers upon your spouse.
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Answer to:
What can I do about a lawyer I hired who only gets paid if I win, he won't file any papers in court and he's ignoring my calls. It's been a year!!!
It is inexcusable for a lawyer (or at least someone from his/her office) not to return your calls and provide you with the status of your case. Speak IMMEDIATELY to another lawyer, as the statute if limitations may expire soon on your right to pursue your claim. Make sure to tell the new lawyer about the other one so he can demand your file from that office.
Answer to:
I've had three different landlords in three years of having my business.their offices are in three different counties.i need to file for breech of contract to receive my security deposit. how do i file to get them in the same court,at the same time?
First, I'm not sure you want to sue all three former landlords. Typically each new property owner takes the property subject to the leases that are in effect, so the last landlord for your business is most likely contractually responsible for returning your security deposit, since its presumed the previous owner transferred the deposit to him/her.
As to the jurisdiction issue, assuming...
Answer to:
If I file for chapter 7 Bankruptcy, will my private student loan of $18k be forgiven? How about my credit cards?
Unfortunately, most student loan debt is not dischargeable in bankruptcy, primarily because this debt, even if "private", typically still is guaranteed by the U.S. government, which makes the bankruptcy laws and has no intention of being left holding the bag. As to your other debt, in 2005 the bankruptcy laws were changed (due to lobbying by the credit card companies) to make personal...
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Answer to:
Do you feel that the United States' judicial system works harder to protect the rights of victims or the rights of criminals?
The U.S. Constitution expressly requires that accused criminals be afforded legal protection, including the right to counsel (6th Amendment) and rights to due process and against self-incrimination (5th and 14th Amendments). This is the basis for our criminal justice system, since it is the government exercising its considerable power against an individual. As such, I think its fair to say the...
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Answer to:
Is it considered purgery to sign a warrant, under oath, for another persons arrest while knowing that the charges were false? Also, would that purgery carry the same weight as a lie told in court?
First, only a judge can sign a warrant for someone's arrest, based upon the submission to the judge of an affidavit (usually from a police officer) attesting to facts supporting the issuance of that warrant. If the person submitting the affidavit knows the facts contained in the affidavit are false, then yes, he or she would be subject to a charge of perjury. An affidavit is signed under...
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Answer to:
First degree murder and felony murder...after a robbery.....if the news paper said three were charged with first degree murder...against one person.....can they mean that it was felony murder? but just stated first degree murder
I doubt the newspaper made a mistake. In most states, there are two types of first-degree murder: (1) an unlawful killing that is both willful and premeditated; or (2) by application of the "felony murder rule," under which a person commits first-degree murder if any death (even an accidental one) results from the commission of certain violent felonies -- usually arson, burglary,...
Answer to:
I need to file 3 different lawsuits. Money is tight and I can use those self help legal shops first, then I can find the best volunteer lawyer I can later.Is this a good idea or not? (Are the courts open tomorrow 11/12/07?
Unless the statute(s) of limitation for your causes of action are about to expire, I would not recommend that you file a lawsuit before attempting to retain an attorney. Once a lawsuit is filed, certain procedural requirements are triggered that must be accomplished fairly quickly or else your case may be dismissed. So unless you truly are prepared to litigate the cases yourself, I would...
Answer to:
If the mom dies first and leaves everything to stepfather and then stepfather dies are stepchildren entitled to anything?
Only if the stepchildren are provided for in the stepfather's will. If the stepfather dies intestate (i.e. without a will), his estate by statute will go to his blood relations in a particular order designated in that statute. I am not aware of any states that recognize stepchildren as heirs. Accordingly, even if the stepfather he has no blood relations that are covered by the statute as...
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Answer to:
We just brought home a male bunny. Of course he likes our female. She however wants to chew him up. The first encounter I had to pull him from her jaws. Now we have to keep them seperate. Will neutering and spaying help, so they may get along?
Get them both altered ASAP, and until then keep them separated. It may not completely change their behavior, since part of the issue may be establishing dominance in the household, but it will help the health of both of your pets.
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Answer to:
Can a H.O.A. grant deed part of the common ground over to the county. If so do they need a vote by the membership and what % to pass.
Those questions can only be answered by referring to your community's covenants, codes and restrictions, bylaws, and possibly the statutes of your state governing homeowners' associations.
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What's the difference between an attorney and a lawyer? (Sorry I'm only 16)
A little late to the party, but wanted to offer my two cents.
Although "lawyer" and "attorney" are used interchangeably for those licensed to practice law, historically there is a distinction between the two words. Traditionally a "lawyer" is a person with legal training, while an "attorney" is one who acts on behalf of another by virtue of being...
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Answer to:
Under what circumstances can an attorney be charges with malpractice?
I can only presume you are referring to making a civil claim as opposed to a criminal complaint. If so, a successful claim for legal malpractice would involve proving (through expert witness testimony) that the attorney's conduct fell below the applicable standard of care and that you would have had a better outcome in the legal proceeding had the standard of care been met.
A...
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Answer to:
Can I sue my lawyer for malpractice if my case has already been settled? (for lying, neglect, misrepresentation, etc). If so, how do I do it?
You can still sue your lawyer for malpractice even after you settled your case. You will have the burden of proving that the lawyer's conduct fell below the standard of care and that you would have had a better outcome had the standard of care been followed. Not an easy thing to do, so I'd suggest you make an appointment with an attorney in your area specializing in professional...
Answer to:
Does lead have any effect on plants?
Lead, cadmium, and other heavy metals kill plant life and poison the soil, preventing new plants from growing. One need only look at the vast wastelands surrounding old lead and zinc smelters throughout the midwest to understand.
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Answer to:
My wifes x keeps controling our lives and 2 serious acusations unfounded againnst me,we always argue over her kids shes always righit and im always wrong,should i move on or fight.i feel like i cant win and im a prisoner in our home?help
Your wife's children and her ex-husband were part of the package you married. Since the children are hers, not yours, and have a father already, then you should defer to their opinions regarding issues involving the kids. (Unless, of course, they are harming them, at which point you must contact the authorities.)
Whether living in this situation is worth it for you is a personal choice.
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Answer to:
My grandma doesn't have alot of money for a lawyer so where can she go in Northern California that has reduced prices? (She's a senior)
Many law schools (of which there are several in Northern California) have legal clinics that provide assistance to low-income individuals. In addition, I would recommend calling the county bar association's legal referral service.
Unless your grandmother is truly "low-income," however, I would not expect her to get any free services except for a meeting and a bit of advice,...
Answer to:
What happens if i own 2 home in two different states and forclose on one. can they take my other property. On one of the homes my husband and i are on the deed. on the other home I am only on the deed and mortgage
It is unlikely that would happen. Many states, including California, have "anti-deficiency" statutes that forbid the holder of a mortgage or deed of trust from seeking any further monetary damages after foreclosing on the property that secures the loan. This is true even if the value of the property is less than the amount owed on the loan. In essence, the lender must make a choice:...
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Answer to:
Could the nasty things said about you here be used as evidence in a defamation or libel suit?
Unlikely. Libel and slander require proof of false statements of fact (not opinion) that cause some harm to one's reputation. Since we are all anonymous, faceless screen names on this site, it would be pretty much impossible to prove that a personal reputation was harmed.
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Why do many bad people manage to get away with their misdeeds? Are they just smart, or there's something wrong with the system?
Many bad deeds aren't crimes, even if they hurt other people. Accordingly, those who are willing to hurt others to get ahead (or just for fun) will almost always get away with it.
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Answer to:
A false statement of fact (plus other stuff) counts as fraud.
But what about a false statement about the law?
If an attorney lies about the law, does that count as fraud? Or does it not count because everybody is presumed to know the law?
By definition, fraud is limited to matters involving intentional false statements of FACT upon which another personally reasonably relies to his or her detriment. Incorrect statements of LAW (even if intentional) cannot, by definition, be fraudulent. Facts can be concealed, but applicable laws cannot, since they are publicly available. Accordingly, no one can "reasonably" rely upon...
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Does anyone know if brass knuckles are illegal in california to own?
Yes, they are illegal. California Penal Code Section 2020(a) prohibits the possession of numerous types of weapons, including "metal knuckles," and provides for up to a year imprisonment for any violation.
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If you don't leave your home and nobody comes in your home can you be charged w/ADW? Someone claims I pointed a gun at them and now I'm going to be a felon! They were outside my condo and the doors were closed.
Since a gun can cause harm through closed windows and even doors, pointing a gun at someone outside your house while you are inside can support a criminal charge of assault with a deadly weapon. I'm not certain you would be convicted of the crime, but the charge itself is legally supportable.
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I need some legal advice concerning a case that I won by default judgement in small claims court, I need to know if the defendant has grounds to appeal. Please someone help me with this.
You don't state what jurisdiction you are in, but in California a defendant in a small claims action (but not a plaintiff) can appeal to the Superior Court. It will be treated as a trial de novo (i.e., as though the small claims action never happened).
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If a contractor leaves tools at a job site for several months after the completion of the job, even after the homeowner gives notice to remove them, can the tools be held for payment of storage fees for the months between the notice date and removal date?
No. You can only collect storage fees if you agreed to store the property, and the contractor agreed to pay for the storage (e.g., a contract). In the absence of a pre-existing storage agreement, you cannot hold the contractor's property hostage. I would suggest you send the contractor notice, by certified mail, that he has some reasonable period (perhaps 30 days) to pick up his property...
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Answer to:
If a contractor leaves tools at a job site for several months after the completion of the job, even after the homeowner gives notice to remove them, can the tools be held for payment of storage fees for the months between the notice date and removal date?
No. You can only collect storage fees if you agreed to store the property, and the contractor agreed to pay for the storage (e.g., a contract). In the absence of a pre-existing storage agreement, you cannot hold the contractor's property hostage. I would suggest you send the contractor notice, by certified mail, that he has some reasonable period (perhaps 30 days) to pick up his property...
Answer to:
If a contractor leaves tools at a job site for several months after the completion of the job, even after the homeowner gives notice to remove them, can the tools be held for payment of storage fees for the months between the notice date and removal date?
No. You can only collect storage fees if you agreed to store the property, and the contractor agreed to pay for the storage (e.g., a contract). In the absence of a pre-existing storage agreement, you cannot hold the contractor's property hostage. I would suggest you send the contractor notice, by certified mail, that he has some reasonable period (perhaps 30 days) to pick up his property...
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I have a rental property that had to be tented for termite extermination. The tennant was in a hotel for 2 nights. Am I responsible for her accomodations. I have no lease with her , she is month to month.
Irrespective of whether you had a lease, at a minimum you are required to refund rent for the 2 days you say your tenant was unable to live in the residence; you likely also are liable for the food she had to buy during that time and any other incidental or consequential expenses she incurred as a result of not having access to her home. The tenant pre-paid rent for the full month; she has a...
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When it come to media law and ethics, I know that it is illegal to publish the names or identities of children in the media if they have benn sexually abused. But what if the child who was sexually abused was also murdered? Can you identify them then?
I'm not aware of any blanket legal prohibition that forbids a news organization from releasing the identity of abused children (although there may be particular court orders that only apply to specific children). It's my understanding that not identifying minors (either victims or perpetrators), or victims of sexual assault (of any age) is a policy decision most news outlets make in...
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We got married this year and my husband has a old will he made long be for we met his it still good are does he need to make a knew one?
Yes, he will need to make a new one. As a general rule, a will made prior to marriage that does not mention the spouse will be considered invalid if the spouse objects.
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A lic. psychotherapist dislikes her client's spouse and since client refuses to leave her spouse the LPT maliciously reports privileged info to DHS in hopes to split the couple up and tells client she is going to do so...Is this ethical OR legal?
It's unclear what the "privileged information" is, but if it pertains to any suspicion of child abuse, California -- and many other states -- REQUIRE psychotherapists, and most any childcare, healthcare, or teaching professionals, to report such matters to the appropriate authorities. Moreover, these "mandatory reporters" generally are shielded from any civil liability...
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If you were involved in a MVA while on leave in the military and have a personal injury suite that was settled after the military temporarily injury retired you is the Military due any percentage of the settlement?(Individual found- In the Line of Duty)
The military would not be entitled to a percentage of your settlement. If, however, the military provided the medical care you received as a result of your auto accident injuries --either through Tri-Care or CHAMPUS insurance or directly through the military health care system -- it's possible you'll have to reimburse these providers from your settlement proceeds for the cost of the...
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How long does someone have to contest a divorce after being served?
The amount of time one has to file a response to a petition for dissolution of marriage varies from state to state, but 20 to 30 days is typical. The summons that is served with a complaint or petition will tell you how long you have to file a response. You can either look up a copy of the summons or research the applicable statutes.
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Can I file for annulment? My husband agreed to have children when we married. He now says 7 years later that he never wanted children and still does not. He agreed to sign annulment. What questions will be asked by the judge once both have signed?
In California, annulment based upon fraud has a four year statute of limitations. You'll need to find out about the law in your state.
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Am I legally required to disclose my race and ethnicity on an application for Section 8 housing funded by the federal government?
It's unlikely that failing to submit your race or ehnicity data would disqualify you from taking part in Section 8 rental assistance, since eligibility is predominantly income-based. It may be the case, however, that HUD (which administers the Section 8 program) is required by U.S. law to keep data regarding the ethnicity of those who take part in the program, which is why the questions...
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Can I file a civil complaint and claim a subsequent pleading will allege grounds in greater detail [specificity]?
Well, yes and no. Your complaint -- and not any subsequent pleading -- is your only opportunity to state facts sufficient to support your cause[s] of action. However, in California and many other jurisdictions, you can file an amended complaint [i.e., another pleading] without a judge's permission at any time before a defendant files an answer; you'd need the court's permission...
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If you buy a car from a private party and there is nothing in the contract about reposession can the private party take the car from you and donate it.
If the sales contract (or your title) provides that the seller has a lien interest in the car until it is paid off, it would not be necessary for there to be a provision in the contract that specifically calls for repossession; the lien itself provides the right. If, however, there is no contractual lien on the car, then no, it cannot be repossessed. The seller could file a lawsuit for a money...
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I married a woman with debt collectors after her. If I put my assets that were mine before marriage in her name (cars and property) can the collectors sieze them?
They can't just "seize" them, no, but if the creditors get a judgment against your wife, they could try to enforce the judgment through writs of attachment or execution against any assets that are in her name.
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What are the annulment laws ic California?
In California, the following are grounds for annulment: Incest, Bigamy, Underage, Prior Existing Marriage or Prior Existing Domestic Partnership, Unsound Mind, Fraud, Force, or Incapacity. The definitions of these terms and other information or forms regarding annulment can be found at the website for the Superior Courts throughout California (all 58 counties), but this is a good starting...
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Civil Marriage. Is this real marriage. Meaning one will get half the $$ if one decides to opt out of marriage. What if one has been supporting the other with everything, can that person sue for the $$$ spent supporting the other.
If by "civil marriage" you mean a civil ceremony overseen by a judge or some other government official as opposed to a church wedding, the answer is yes, it is just as valid. The laws of the U.S. state in which you live will determine the property settlement terms, but please note that "half of everything" is not the law in any state, whether community property or not. Even...
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Can you send Alcohol in through the US postal service? UPS? Fed Ex? I want to send my boyfriend a care package that includes some plastic mini bottles but I'm not sure if it's allowed/legal. (We are well over 21).
Having worked there, I can tell you that the US Postal Service will not ship alcohol or any package that is in a box labeled for alcohol (such as a used 24 pack box of Budweiser). Don't know about other shippers.
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My minor child was given a key to a friends home while they were out of town. The minor allowed others into the home and their was some damage to personal property. Who is responsible for the damage? And can charges be made to the minor or the others?
In Georgia, by statute a parent is vicariously liable for up to $10,000 of all willful or malicious damage done by his or her minor children. In addition, the parent may be held liable for his or her individual negligence for failing to supervise the child; there is no monetary limit on this liability. The child himself is also personally liable for the damage he causes. This is civil...
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We live in FL. We own our home, outright. We have 80,000 in an IRA. We are 50. I recently had a heart attack and had no medical insurance. We have over $50,000.00 in medical bills. Can the medical people take my IRA or the house?
Apparently Florida has an extraordinary homestead exemption that prevents virtually every creditor (with 3 exceptions that don't apply here) from making a claim against your home. The exemption has no limit on its value, so there is no way your home can be taken. http://en.wikipedia.org/wiki/Florida_homestead_exemption
I'm sure the homestead exemption is why OJ Simpson chose to...
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A New York Yankee Pitcher slammed his Porsche in the back of a tractor trailer. The driver of the trailer claims he was hurt and is now suing the pitcher and the Yankees. Are you tired of these kinds of lawsuits?
It's possible the driver was injured, so I don't find the lawsuit troubling at all, at least against the driver of the Porsche. (I have no idea the basis for suing the Yankees, however, and predict they'll be dismissed quite quickly.)
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How long does a lawyer typically work at a large firm before practicing law privately?
I dont' have any statistics on the subject, but my experience is that many attorneys spend their entire careers with large (or other size) firms. They may change firms or go in-house for a corporation, government entity, or leave law practice to work for another employer, but I'd say most attorneys never open their own practices, since it's a risky proposition.
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HOW LONG DOES IT TAKE TO RECEIVE YOUR LAWSUIT SETTLEMENT CHECK
Impossible to say. Many things can affect the disbursement of settlement funds, including the settlement of outstanding medical liens (they get paid before you do) and issues between the lawyers pertaining to the exact terms of the settlement. I know of a couple of cases that took several months after settlement before funds could be disbursed due to the involvement of Medicare liens. I...
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How do I go about setting up a living will for what I would want to happen to my minor children if I were to die?
I don't believe you want a "living will" so much as a document establishing guardianship of your children. A living will provides instructions regarding how much medical care, etc. you want in the event you become comatose or otherwise unable to speak for yourself. Your post-death wishes would be set forth in your "regular" will, which may include your wishes regarding...
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This is for everyone: What is the one thing, that if you think about it, it will always make you cry?
My mom's death and how much I wish she were still here.
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If an agency works through a wholesaler, rather than directly with a supplier what legal relationship exists between the agency and supplier? contract of sale and purchase or contract of agency?
In the U.S., assuming all transactions occur solely between the purchasing agency and the wholesaler, there is no contractual relationship at all between the agency purchasing the goods and the originating supplier of those goods. The supplier is still bound by common law and UCC warranties of merchantibility, fitness for a particular purpose, etc., but the legal relationship itself is not...
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Was Joseph Smith a prophet?
He is a true prophet to Mormons, and since all religion is based upon faith (in the absence of scientific proof supporting any particular belief), I imagine Joseph Smith is no more of a "false prophet" than any other religious figure of any faith. Mind you, I personally don't believe any of the Joseph Smith lore; I think he was a kook. My opinion is irrelevant, though.
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Can an employee who signed a contract quit at anytime with no consequences or are they obligated to complete their contract? I am referring to "at-will-employment".
I'm baffled. If this is at-will employment with no set terms, what type of contract did the employee sign?
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I need a refi. Got an appraisal & mort.company said my home/16 acres compared to a smaller home/3 acres. How is this? My land should be worth more, right?
Not necessarily. An appraisal typically compares your home to three other same or similar properties (the "comparables") in your general vicinity. It's typically not possible to find exact matches (size of lot, number of bed or bath, etc.), so those differences are taken into account by either adding or substracting value based on the differences between the homes. Accordingly,...
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I know this has been asked a 1000 times before, but I need to know. When going to rent a apartment here in California, is it legal to ask for 1st, last and deposit or can they (Landlords)only ask for 1st and deposit.
Yes, you can ask for up to 2 months' rent as security deposit in addition to first month's rent. California Dept. of Consumer Affairs has a helfpul publication on the subject, called "A Guide to Residential Tenants' and Landlords' Rights and Responsibilities. The following section refers to security deposits:...
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Do you think Atheists should be represented by their government?
[This was actually intended as a response to a comment from LynnNM, but since AB won't allow that to post, here it is]:
Your question about how to get an independent judiciary is a good one. My suggestions:
At the state level, no judges should be elected. I would suggest a procedure (as used in Arizona) wherein a panel of people from different political parties selects 3 names...
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Do you think Atheists should be represented by their government?
I believe the U.S. government should represent all of its citizens, but accept that those who share the majority belief on an issue control the elected government, which in turn attempts to disenfranchise and marginalize those who disagree in order to maintain power (i.e. get re-elected). That's why I truly believe in the need for the ACLU and other rights groups to prevent this from...
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My friend was driving into his apartment complex parking lot when a cop pulling out of the complex pulled him over for a broken headlight. He was issued a ticket. Can he fight it? The parking lot is considered private property.
Since the ticket was not for a moving violation, the location in which it was issued is irrelevant. It is undisputed that your friend was actually driving a car that was not in road-legal condition, so a police officer can issue a ticket for it anywhere.
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Can a 18 year old have sex with someone who is only 3 months younger in California?
Not without the 18 year old risking a charge of statutory rape. California's age of consent is 18.
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Does the American Revenue Service have a preferent claim above concurrent creditors on outstanding tax when an estate is being liquidated or sequestrated? What is the position in Germany and the Netherlands? ANY help would be much appreciated...
The U.S. Internal Revenue Service recognizes that a tax debt is inferior to the claims of secured creditors, but the agency will likely assert priority over all other unsecured creditors.
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What is your favorite candy?
The "Marathon" bar (chocolate covered caramel in a twisty shape). Unfortunately it's not made anymore.
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What kind of food do you hate the most?
I do not eat anything that ever breathed water on purpose. I think all seafood smells like the inside of a dumpster, so YUCK.
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Which famous barrister said "If that is the law sir, then the law is an ass!"
The phrase "The law is an ass" originates in Charles Dickens' Oliver Twist, when the character Mr. Bumble is informed that "the law supposes that your wife acts under your direction". Mr. Bumble replies "If the law supposes that, the law is a ass — a idiot".
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I got a pair of long guy jeans torn at the knees. Will safety pins keep it together and do i have to take the safety pins when i wash them?
I agree with Tani. Safety pins have a tendency to rust, also, so I wouldn't wash them for that reason either. Have you considered using iron-on fabric patches instead?
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I am fat and short, many find me undesirable and unappealing. They avoid me and I give a truly bad feeling. Once I dull in squalor, more than once and again and again. For many I am "to live for". What am I?
"Dull in squalor" means nothing to me, but I'm guessing you are a BABY.
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If Global warming alarmists honestly care about how much CO2 emissions there are, why not work on a way to plug up the volcanos which are spewing out more CO2 per eruption than mankind has in all its history?
Well it would be hard to find a large enough amount of detritus to stuff into those volcanoes. Perhaps you and your family could volunteer to dive in?
In all seriousness, though, whatever carbon dioxide is created by volcanoes or other natural phenomena is not within our power. The extent to which humans are artificially altering the environment through our use of fossil fuels is within our...
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If the Global Warming alarmists honestly care about how much CO2 emissions we are producing, then why do they not force the entire population to get rid of electricity and lead a medievil lifestyle?
Electricity does not emit carbon dioxide. Burning fossil fuels, does, however, so we "global warming alarmists" are concerned with greatly lowering the use of such fuels and finding those that do not cause such environmental damage.
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Why does the whole NBA have something against Kobe?
I don't think the NBA has anything against him, but many fans don't care for him. He's not exactly a model citizen or particularly personable, so he'll never be as popular with fans outside of L.A. as many other players. Sort of the Barry Bonds of the NBA; outstanding player, but not a fan favorite.
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Watching baseball makes me tired. Am I the only one?
You're not the only one. In fact, even when I attend a game the only thing that keeps me awake is searching the stands for the cotton candy guy.
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The NBA Finals start tonight! Who are you going for?
I don't like either of the teams, but there is no way San Antonio will lose the series. I predict they'll take it in 5 games.
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Do you like mushy peas?
No. Only those who wear diapers (the very young or very old) should eat squishy peas.
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What is the largest amount of money you spent at the vet to try to save your pet's life?
I spent $1,000 over a Thanksgiving weekend on a cat who became suddenly ill, and of course my regular vet was closed. Emergency vet clinics = high AMEX card charges. My boy lived, thankfully.
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Explain why the market demand curve for a normal good slopes downwards
As the price of the good falls, consumers will purchase more of it.
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I offered a discounted freelance rate for a non-profit organization. Will I be able to write it off for the tax report? I'll be getting a 1099-misc with the client's TIN, but not sure if IRS will be able to recognize it as a non-profit work.
No. Doing work for a non-profit does not affect the fact that you earned income from that endeavor. Choosing to do the work at a discounted rate is not a charitable donation. You'll be taxed on the income you earned.
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I purchased my mother in laws house for $1.00 in March 2007. I will selling it in June 2007. All monies will be given to my mother in law. Who pays capital gaines and approx. how much (15%) or is there an exemption.
Since you are the owner, you would be responsible for the capital gains taxes on the sale of the property. I don't know why you purchased the property, but it makes it less likely that there will be an exemption. If your mother in law still owned the house and it is her primary residence, she would have been entitled to an exemption of up to $250,000 of the profit on the house sale:
...
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My wife's former husband recently passed away. He lived in the house that they continued to own jointly. Upon sale of the house will there be a capital gains liability
Since the home does not appear to have been your wife's primary residence, the profit on the sale may be subject to capital gains tax. The first $250,000 in profit from the sale of a primary residence is excluded from taxes ($500,000 for a married couple):
http://www.bankrate.com/brm/news/real-estate/20041018a1.asp
There may be other bases for saving on capital gains tax, but for that...
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I need to make myself a resume but I don't know how it looks, got a website for the format?
I don't know a website, but your local library will have excellent publications with information about the form and content of resumes.
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Would you buy toothpaste made in China?
Just based on current events I would not knowingly put ANYTHING in my mouth that I suspected had any ingredient originating in China.
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I've heard that if you go to school to become a teacher in Nevada that you can go for free. Is this true, and where can I get information about free colleges?
http://www2.edweek.org/agentk-12/states/nv.html
This site indicates that as of 2003 the State of Nevada did not subsidize teacher education. I do not know if this has changed, or if there is some other private program out there.
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What is an antonym for the word "benefit"?
The opposite of a benefit is a detriment.
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Has anyone read anything by Kafka and what did you think of it?
I only recall reading one of his works - "The Metamorphosis." Although I understood it was not to be taken literally, it completely grossed me out. (It's about a guy who becomes a bug.)
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Did the book, the Da Vinci Code teach you anything?
I learned that a book of fiction can assert absolutely unsupported claims as "facts" and have millions of people fooled into believing they are true.
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What is the normal punshiment for felony battery to a child? first offence no record what so ever
In California, "willful cruelty to a child" is punishable by a low-term of 2 years imprisonment, a mid-term of 4, or a high-term of 6 years. The judge has the discretion regarding which of the terms to impose.
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I am ending a common law marriage, and I own the house. My ex refuses to leave, and wants to refinance in both names to pay off debts, and for me to move out. The deed and mortgage is in my name. I am terrified of him and scared of losing everything.
Only 11 U.S. states still recognize common law marriage: Alabama, Colorado, District of Columbia,
Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah.
Five other states only permit common law marriage if the requirements were met before a certain date:
* Georgia (if the elements were satisfied before January 1, 1997)
* Idaho (if the elements were satisfied...
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What is the legal term for when a private party publicly discloses that another private individual owes them a debt and has not yet paid it?
I'm not aware of any particular "legal" term for this situation. The conduct, however, may constitute an unfair debt collection practice under either federal or your state law, depending on the circumstances of the disclosure and to whom it was disclosed. I'm far from an expert in this arena, though, so please seek advice from a consumer rights organization, your...
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I need to write a letter to a judge asking for a public defender. Anyone have a sample?
In the typical case you would verbally request a public defender during your first court appearance; a letter would not be necessary. You will have to meet certain financial hardship requirements in order to have one actually appointed, but the request itself is not complicated.
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At lunch I overheard a woman ask her friend, "what year was 9/11?" I seriously had to restrain myself from ripping into her. Have you had similar moments of being astounded by peoples' ignorance?
Absolutely. Often right here on AB.
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If I have full coverage insurance will it cover me no matter whose car I am driving?
Assuming you are driving the vehicle with permission of its owner, typically the LIABILITY portion of your coverage is always in effect irrespective of the vehicle you are driving. The insurance (if any) on the car itself is the primary insurance; yours is secondary. The COLLISION and/or COMPREHENSIVE portions of your coverage most likely do not cover any vehicle other than the ones for which...
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Is there any way to confirm "ONLINE" a court date for divorce in St. Charles, MO? I just found out that a supposed court date exists for this Friday. I'm in Indiana and need to know asap. Any public databases available for this lookup?
It doesn't appear that the 11th District Circuit Court of Missouri has such online resources. Please look to http://www.courts.mo.gov/page.asp?id=1588 for the telephone number of the Family Court Clerk. These folks should be able to check the court calendar for you.
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My husband is the only person listed as owner of our home - it's completely paid for but in the event something were to happen to him would it automatically go to me or should I get my name put on the house as well?
You may either seek to put your name on the title or use the Colorado "beneficiary deed" which would name you as the owner of the home upon your husband's death. For details, please see:
http://www.frascona.com/resource/mag_jag906beneficiarydeeds.htm
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Is it legal for an individual to publicly disclose that I have not paid $ I owe them in an attempt to harm my character. Slander is false statements & I do owe the $ but they are ruining my reputation?
It may be illegal under either the federal Fair Debt Collection Practices Act or your state's collection practices laws. There are many things that a creditor is not permitted to do under the federal law, such as contacting your employer, calling before 8:00 a.m. or after 9:00 p.m., etc., and your state may have even more stringent requirements.
I am certainly not an expert on debt...
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I have been separated but not legally from my wife for past 15 months. Can I buy a house before we file for a divorce and not have her take it? Maybe have a parent cosign for it?
This is impossible to answer without knowing what U.S. state you are in. The effect of separation and the definition of "marital assets" are different in different jurisdictions. You'd be best advised to speak to a family law attorney in your community or get a book from the library on the subject from the Nolo Press (a legal self-help publisher).
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How can it be legal for a court to require you to waive your constitutional rights in order to receive probation? this has happened to me,i wasnt given a choice. to me,this is legal blackmail!
I presume your choice was probation (freedom with conditions, including the loss of 4th Amendment protection against unreasonable search and seizure), or incarceration (no freedom plus the loss of 4th Amendment rights among others). Since probation is a privilege, not a right, the rules you have to abide by to avoid incarceration are set by the government.
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When a person is killed in a car crash and a lawyer is hired is that lawyer for the body and the family?
Most typically, in a claim for damages arising from a fatal accident, the lawyer would be hired to represent the surviving heirs in a "wrongful death" action. This claim encompasses damages the survivors have suffered as a result of the loss of future financial support from the decedent (economic damages) and the loss of the decedent's comfort and companionship (non-economic...
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Can you open a hair salon in a plaza with another salon in it
It depends. The existing salon may have a lease provision forbidding the landlord (plaza owner) from leasing space to another tenant in the same type of business (another salon). If so, this provision is enforceable and another hair salon would not be permitted unless it could find a way to convince the plaza owner (and possibly a court) that it in fact was not the same type of business as the...
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In Sarasota if someone sues another party and wins are they also entitled to expenses and attorney fees?
I don't know the specific law in Florida, but most states and the federal courts permit the prevailing party in a lawsuit to recover his litigation costs, usually consisting of costs of service, filing, witness fees, etc. Following the favorable court verdict, you typically would have to file a request for costs (the clerk's office usually has a form for this). The prevailing party...
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I believe that Leslie Van Houten and Patricia Krenwinkel should be approved for parole, do you agree or disagree? I will be sending your responses to their parole boards. Thanks.
Yes, they should be paroled. Their crimes were horrible, but committed while under the influence of drugs and while completely brainwashed by that crazy Charles Manson. As such, 30 plus years is a long time to serve in prison and a sufficient punishment. Given the cost to keep these women incarcerated and the zero chance of their re-offending, I think they should be released with strict parole...
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I have a dispute with my neighbor. I parked one of my cars in the street between his and my house. It's not on the sidewalk, lawn, or blocking his driveway. He says it's his spot. Does he have the right or is it public parking? Any codes/laws to point to?
You don't say where you live, so I'd recommend you contact your local government to find out the legalities. I think it's more than just a legal issue, however. I would imagine that your neighbor is more annoyed than anything that you are parking your car on the street when you probably have a driveway you can use. When a homeowner or tenant has his own parking available, I...
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What does Entry Default mean?
In the legal arena, an "entry of default" is filed with the court when a defendant fails to file an answer or other responsive pleading to a complaint that was served upon him. The effect is that the defendant forfeits the right to contest the claim, and the plaintiff may then go forward and obtain a judgment in his favor for whatever damages he/she can prove to a judge during a hearing.
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I was hit by a car on a bicycle.The driver was waving at her friend and didnt see me.I am out of work 4 one year. Had minor injuries 1 Have lawyer but i think he put me on back burner. Do i have a case? what do i do?about him also.He know so much about ca
I doubt the lawyer would have taken your case if you did not have a legitimate claim for negligence, even though you make it sound as though your injuries are not serious, thankfully. I would recommend you contact the lawyer regarding the status of your case. It's possible he or she is waiting for information from you regarding your injuries, treatment status, or the like, or some other...
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I was a passenger in a car in July 2006 when we were struck head on.What are my options as far as the driver who hit us as he was ticketed for being at fault,but was only 17 at the time of the accident?
The driver's age is irrelevant to your rights against him. If you were injured you have the right to seek compensation from him. Please consult with a local lawyer who handles personal injury as soon as possible to discuss your options. All personal injury claims have time limits; most states allow two years, but some only allow one.
From a legal standpoint, you can seek money from the...
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If i marry a man with a minor child in a community property state do i have to file adoption papers to be legal guardian of the minor child.
Children are not covered under the guise of "community property," so to be recognized as a guardian of your husband's child you will have to go through a legal process seeking this designation.
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Florida: Does one have to be a bona fide lawyer or paralegal to write motions?
Anyone can write a motion; no particular license is required. The only people who can sign a motion to be filed with the court, however, are licensed lawyers or the party who is representing himself in court.
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How can i find a lawyer that practices bad faith. No lawyers advertise it in the yellow pages. Having a very hard time.
If you are referring to a claim for "insurance bad faith" (i.e., when an insurer refuses to pay a claim) I would suggest you call a lawyer referral service --usually provided by your local county or state bar association -- and ask for an attorney who specializes in these types of claims. Otherwise you may want to call some lawyers in your area and ask them if they know anyone...
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My lawyer has enterd a default entry on the defendents insurance is that good or bad for me?
I assume you mean your attorney has entered a default against the defendant in the lawsuit he/she filed on your behalf. This means that the defendant (not his insurance company) was served with the complaint but did not file an answer in the time allowed (usually 20 to 30 days). This is usually a good thing for you because it means the defendant has forfeited his right to contest his liability...
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Do I legally need to pay off my deceased mothers credit card debt if the credit card companies make no claim in actual probate (they are just sending their normal statements)?
Yes, but only after higher priority debts are paid first (which include final medical bills, burial expenses, secured debt, etc.) The validity of the debt is not dependent upon the creditor making a claim through probate if you in fact already know the debt is owed. Credit card debt is a debt of the estate that should be paid before your mother's assets are distributed to her heirs. The...
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I have glacoma, which left me 100% blind in my r/eye. I had an infection within the eye and the doctors wanted to remove the eye. Because of the infection, a local hospital gave me tetricaine which ate away part of the cornea. Do I have a law suit?
Probably not. For a viable malpractice suit, you would have to prove that (1) there was negligence and (2) you suffered damages as a result. It's not clear from your fact pattern whether the administration of the drug to your eye was below the "standard of care" and therefore negligent. The greater problem, however, is damages, since your right eye was already blind and supposed...
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My wife and I divorced while a suit against me was pending. I gave my ex the house. The divorce left me with little assets. I now have a judgement against me. Since i do not have enough assets to pay it will my ex wife be liable since she got the house?
Your ex-wife is not liable for a judgment against you; only for a judgment that has her name on it. If this is not the case, her interest in the house would only be at risk if the plaintiff could prove (usually in a separate lawsuit) that you transferred the house to your ex in an effort to avoid paying the judgment.
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I'm the executrix of an estate. A bank is requiring letters of testamentary from me. But I'm dealing with assets that are in a trust (non-probatable). Why do I still need these Letters? Is the bank off their rocker?
The "letters testamentary" that the bank is requesting from you serve the purpose of providing legal proof that you have the right to act on behalf of the decedent's estate. The type of property you are seeking information about is irrelevant; you must have the legal authority to act in place of the person who has died. Otherwise, you have no right to any records regarding the...
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How long does it take after someone dies before their will becomes public record?
Wills don't necessarily ever become public. They become part of a court record in the event a probate proceeding is opened, but not all wills are probated.
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Am I required to provide my Social Security Number when opening a 401k account? If there is no reporting to the IRS until the money is REMOVED then I don't see the need for my SSN until that time. Can I refuse to provide it until then?
401(k) accounts owed their entire existence to the passage of a federal law creating them. As such, I'm sure tax identification information (such as your social security number) is a requirement under the law in order to open the account.
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If, by some miracle, I won the lottery, would my ex have any claim to my money? We've been divorced for 5 years.
If you owe her money resulting from the divorce decree (back child support, property settlement, etc.), she could make a garnishment claim against your winnings for the amount owed. Without such a pre-existing obligation, she would not be entitled to any amounts simply by being your ex-spouse, however.
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My homeowners association does not allow renters, but I would like to rent out my unit. Is it possible to work around this?
You could request a variance from the "no rental" rule from the Board. No guarantee of success, but this is an option available from within your CC&R framework.
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I want to start my own business in a similiar field where I now work. My employer has a place in the hire packet that you will not start a business in the same field for at least one year. If I start before the year can the employer take legal action?
The answer largely depends on what state you are in. "Covenant not to compete" clauses (which is what you've described) are virtually unenforceable in California by law, but other states have different laws.
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If someone has a feral cat colony on their property, are they responsible for taking care of the cats and the kittens that result? (We just found a dead kitten in our yard!!!)
I don't believe you have a legal responsibility to care for the cats. You should be informed, however, that this problem will only get worse unless the cats are spayed and neutered. You'll soon find dozens of cats where there were just a few a couple of months earlier. Please contact your local ASPCA or Humane Society and inquire regarding services and volunteer agencies that could...
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What documents are required to make a change to a will?
You needn't completely re-write the entire will; you can also execute a "codicil" to the will in which you state that you intend to modify your will and then write whatever changes or additions you want to make. Your codicil should specifically state that it is a modification to your will (and the date of that will) and must be executed (signed, dated, notarized and/or witnessed)...
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When does a contract need to be in writing?
From a legal standpoint, there are only a few types of contracts that must be written and signed by the parties in order to be legally enforceable. Each state has a "statute of frauds" that lists the types of contracts. With some minor changes, however, the following categories are pretty universal:
"[T]he following contracts are invalid, unless they, or some note or...
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I bought a house its in my name only but i put my boyfreinds name on as full rights to survivor in case something happens to me, we are no longer together can i have his name taken off without his signature or would he need to sign in front of a lawyer, i
Perhaps if you clarify your situation I could be of more help. Did you actually change your deed to reflect that your boyfriend is a "joint tenant with rights of survivorship" or did you execute a second document indicating that he would become the property's owner upon your death? If it's the latter, this is what is known in Arizona as a "beneficiary deed," has no...
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My dog was hit and killed and now we are being sued by the car owners insurance company. The lady was speeding and made no attempt to stop. I dont understand what her full coverage insurance is for. What if she hit a deer, no one would have to pay!!
I'm sorry about your dog, but from a legal standpoint you will likely be held liable for the damages to the car, since almost every state and municipality have "leash laws" and require dog owners to keep their pets under control at all times, which, unfortunately, yours was not at the time it was struck.
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Is a personal injury settlement taxed?
No. Personal injury settlements are not considered income. The exception would be if some part of the settlement amount is specifically designated as being for lost wages/income; that portion would be taxable. If it is just a lump sum payment, however, without any designation as to what specifically is being compensated,none of it qualifies as income and you need not claim it on your tax returns.
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I sold a car in may 06. Gave a discount so the buyer could get it smogged. I paid for a cat converter 2 days later so it would pass. Today 10 months later he calls and states I need to pay $700 because it didn't pass smog utnil today. Do I have to pay?
Unless you provided the buyer with some sort of warranty or somehow guaranteed or represented that the car would pass smog, the car purchase is "as is" and you owe the buyer nothing.
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Can I get back-payments on child support from my father? I am 29 and he stopped paying when I was three.
Unlikely. Even assuming you could personally sue for back support, the statute of limitations for your claim would have begun to run upon your 18th birthday, and you would have had, at most, 4 years to bring legal action.
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My 1-yr lease is 8/1/06-7/31/07; On 4/28/07 I received a letter stating that I must commit to another 1-yr lease by 5/10/07. Don't I have until 20 days before the end of the lease to decide?
The answer to this is probably in your lease agreement. It most likely prescribes the time period that you have to either give notice of your intent to renew your lease or give notice of your intent to vacate the premises. Your lease provisions will typically take precedence over any notice requirement set by statute. If your lease does NOT state a notice requirement, however, you would be...
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I received a letter from a company called Nykelis & Thomson Financial with a check for $3600. The letter said I was selected from the consumers survey poll. It said I won $62000. I have to deposit the check before they send the rest of the $ is it a scam?
Read the "check" you received (and all other accompanying documents) carefully. It probably states that by depositing the check, you are agreeing to subscribe to some service or agreeing to accept a loan of some sort. In essence, this "gift" or "prize" will actually get you into debt. It's unlikely you actually won any sort of prize, so unless you recall...
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If you bought the car from a third party and wanted the repair records from the only repair shop to work on it, is there a law saying the previous owner must approve the release of the records?
I understand the question to be asking whether the repair shop -- not the previous owner -- must provide the repair records that were created while the car was owned by someone else. Although I can't speak specifically to Colorado law, in California, "consumer records" -- which include just about any financial transaction, including receipts from purchases of goods and services...
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How many of you think it is blackmail when an ex says " I'll stop custody proceedings if you pay me c/s owed back to me " ? My ex says that he will stop custody proceedings IF I agree to pay him $3600.00 . I'll explain in a bit .
From a legal standpoint, making an offer in which one party agrees to accept money in exchange for the dismissal of a lawsuit is not blackmail, it's simply an offer of settlement. That doesn't make the offer reasonable, however, and you are not under any obligation to agree to it.
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Answer to:
Who makes the Best pizza? (non-frozen, non fast food)
As far as chains go, my favorite is Round Table, particularly the Italian Garlic Supreme. Mmmmmm.
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Our homeowners association, in its covenants and deeds, bans the use of firearms; some homeowners say this is a violation of their 2nd amendment rights and is thus unenforceable. As a board member, how do I answer this?
The 2nd Amendment is only a limitation upon the power of the government to "infringe" upon the "right to bear arms." Individuals and private businesses and associations (including homeowners associations) can set their own rules regarding guns. In fact, private citizens and organizations are not bound by any of the constitutional amendments, except the 13th Amendment, which...
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Help! Has anyone been through a jury trial for a car accident where no tickets were issued & no injuries, tho damage was
$5,000. I thought that's why a person has ins. so that the ins. cos. battle it out. Have already been thru a preliminary hearing.
Having insurance protects you from having to personally pay for the damage you may cause in an auto accident, up to the limits of your insurance. The insurance company also has the duty to defend you (by hiring an attorney to represent you) against personal injury or property damage claims brought by another person involved in the accident. Should the claim by the other person not be settled...
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Can an adult relative view the information in a deceased client's legal file?
The only person(s) who would have a right to view such information would be the personal representative/executor/administrator of the deceased relative's estate.
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Is there a standard for legal fees or is it arbitrarily chosen by the lawyer?
Individual lawyers (or the law firms that employ them) determine their own fees.
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I have a child I am paying support for but I don't know where the child or the custodial parent is and I have been ordered to have her on my insurance, I have the card, but I can't send it to her without an address. What can I do since DFS won't give it?
Send the insurance card to the same place you send the child support payments (I presume this is the clerk of court or some other governmental agency), and ask that it be forwarded.
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Is testimony enough to convict someone of a distribution charge?
Absolutely, if the testimony is from witnesses who have knowledge regarding the alleged crime.
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What if my bf got married in el Salvador, can he marry me in the usa? I hear its legal because he married in a underdelvoped country and its not the same country. he had civil and church wedding.
If you marry your boyfriend he will be committing the crime of bigamy. In general, a valid marriage in another country (underdeveloped or not) will be recognized as a valid marriage in every state in the U.S.
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Can a criminal claim or charge be brought against a chapter 7 discharged debtor over a discharged debt?
Yes, potentially. The discharge of a debt through bankruptcy prevents the person to whom that debt was owed from continuing to try to collect on the debt. A prosecutor can still file charges for criminal conduct based upon alleged wrongdoing (such as fraud, embezzlement or theft) that gave rise to the debt in the first place.
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In Ca. how long does eviction stay on record if there was no money owed, it was a family issue? I had a beautiful kennel and my family rezoned the property and then evicted me in order to make a huge profit on the property.
I'm not sure which "record" you are concerned about; an eviction is not a criminal proceeding, just a civil one. If there was a legal proceeding to evict you, the court record of its filing and resolution will exist as long as the court maintains records. If, however, you are concerned about your credit report, in general negative events will follow you anywhere from 7 to 10...
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What can I do about the appraiser adding features to the house to raise the value? The square footage is 2100 but the appraiser said our screened in porch was a den raising the square feet to 2404. she also said we have central air when we
As the seller of a house, if you are aware of misrepresentations made in the transaction that affect the value of the house, you could be held legally liable for fraud either by the purchaser who paid too much or the lender that loaned too much based on the misrepresentation. Accordingly, I would notify my agent/representative immediately regarding any questions about the ethics or...
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Does a life insurance policy supercede a will in NC? (Ins. policy was taken out after will was made)
A life insurance policy and a will operate separately from one another; one does not "supersede" the other. A will governs the distribution of a person's estate (i.e., his property). A life insurance policy is not part of a person's estate; it is a contract that provides benefits of a certain amount to designated beneficiaries upon the death of the insured person.
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My children's pediatrician sent me a bill from May of 2005 saying that our insurance company didn't pay anything on it. This was sent five days ago. This is the first I've heard of it! Do I owe them this money from two years ago?
There certainly are time limitations on claims for money owed. Each state sets its own laws on the matter, and it's possible that the pediatrician may no longer have a right to sue you for the money owed. As noted by passerby, however, I would first contact the insurance company and the pediatrician's office to find out the problem and try to resolve it without risking your good...
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I'm a Tn. resident,I've been served a subpoena to appear in court in a minor assualt case where I am the complaintant.I have appeared in court in november of 06, but the case was delayed, and I'm tired of the hassle,what happens to me if I don't appear?
Although I understand your frustration, I would not advise you to just not show up for court. Contact the prosecutor before the hearing to let him/her know that you don't want to pursue the matter. A subpoena is a court order to appear and should not just be ignored.
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Is there a status of limitation for collecting a debt from an individual?
I think you mean "statute of limitation," and the answer is yes, each state sets its own laws regarding the time to file lawsuits regarding particular types of claims, including claims for money owed on an open account or through written or oral contracts. You don't say what state you're in, so you'll need to look up this info on your own or contact a law library and...
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If I build a Website as a 1099 subcontactor, do I own the site when my contract is up, unless otherwise stated in writing? What about the photos I took and used to build the site?
I presume you were hired to build the site and paid for the work you've done. As such, you are not the owner of the site, any more than the construction contractor is the owner of the house he was hired to build.
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I tried to apply for a washer & dryer online. I filled my SSN & address & then clicked 'NEXT' on the form. I decided not to complete the app & I didn't see any 'CONFIRM' button. Today I got a call from them saying they had received my app! Privacy law?
Not really a privacy issue. You voluntarily went to the website and entered your information. It appears you either inadvertantly submitted the application or a technical issue with the website caused it to be transmitted. I would recommend you make it clear to them, in writing, that you do not wish to go forward with the application and ask that they destroy your personal information and not...
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I was involved in a rental car acccident and car was totally damaged. Avis sent me a bill and asked me to pay a big amount. I didnt buy any insurance when renting. I have a normal liability insurance on my car. What should I do?
I would recommend that you contact your insurance company ASAP. If you have "collision" coverage on your policy, your insurance should cover the damage to the rental car, less any deductibles. If you just have "liability" coverage, however, your insurance policy will not cover damages to the car you were driving, so you may be responsible personally for the rental car, with...
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Can you make a complaint against a lawfirm that would not allow you to make an appointment with your lawyer on a open case?
There is nothing to stop you from filing a complaint with the bar association for your attorney's failure to communicate with you, but it would not be the first thing I would suggest. I don't know the facts of your situation, but if you believe your attorney in an ongoing matter is failing to communicate with you, I would immediately seek another attorney to replace him/her.
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If I talk to a lawyer but do not hire him or her, is our conversation protected?
I must disagree with the other answer to this question. Information you provide to a lawyer for the purpose of seeking advice or possible representation is protected from disclosure by the attorney client privilege, regardless of whether you hire the lawyer. This means that the lawyer cannot divulge the information you provided unless you agree to allow her to do so.
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WOULD I BE RESPONSIBLE AND OR GET SUED FOR DAMAGES IF A CAR IS IN MY NAME BUT MY GRANDSON DRIVES AND HAS INSURANCE FOR THE CAR IN HIS NAME. COULD SOMEONE GO AFTER BOTH OF US?
In California (and I believe most other states), yes. The owner of a vehicle can be held liable for damages caused when the vehicle is involved in an accident. The injured party has the option of suing either one or both of you.
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How much time does a California citizen, serving in the US Military have to bring a personal injury suit? Is it the same amount of time as if he were not in the military, or do special rules apply?
California law does not have a specific exception to the statutes of limitations (time limits for bringing lawsuits) for active military personnel. According to California Code of Civil Procedure section 335.1, a personal injury action must be brought (i.e., a lawsuit filed) within two years of the date of injury.
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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?
A surviving spouse is considered an "heir" under most state laws, and has some entitlement to the property of the deceased, irrespective of whether the spouse is the "second wife." The property of someone who dies without a will or other estate planning document (e.g., a trust) will be distributed according to the laws of intestate succession in each individual state. These...
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I live in California and filed for divorce over 2 years ago. I have not filed the finalized papers yet. Is there a time limit or do I have to reapply for divorce?
It is possible the court dismissed your Petition for failure to serve or otherwise pursue the case. You'll need to go to the court clerk where you filed the divorce and check on the status. If it's been dismissed, you'll need to re-file.
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Our company used to give us two fifteen-minute paid breaks a day, but they were taken away recently. Is that legal?
The comment to this answer is correct, contrary to my earlier answer regarding paid breaks. Federal law does not require them.
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My business coupon offered a discount for my services prior to a printed expiration date. A customer said these expiration dates are illegal in California and insisted I honor the discount after the expiration date. Are expiration dates unenforceable?
Under California law, prepaid gift certificates and cards cannot contain expiration dates, although there are exceptions. (See California Civil Code sections 1749.45 through 1749.6). I am not aware of any laws prohibiting discount coupons (e.g. a 15% discount from regular prices) from expiring, however, so I believe your customer is mistaken.
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When you hire a lawyer, my understanding is that the file that they keep on you, is legally yours. Do they have the right to withhold the file? Do they have the right to charge you for the file?
Contact the State Bar (the licensing agency for attorneys) for your state for the appropriate answer. In California, the ORIGINAL file is the property of the client, and cannot be withheld by the lawyer, nor a "copying" fee demanded. (The lawyer may retain a copy for himself.) Of course, this only applies to a "reasonable" time after the representation has ended; an attorney...
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MY lawyer is balking at paying my travel cost to attend my deposition and medical exams the defense requested. This involved travel from Mich to Fla 3 times. I think my expenses as my attorneys should come off the top of the settlement. Thoughts?
I would recommend you review your fee agreement regarding the responsibility for expenses. Most agreements contain a statement to the effect that all expenses are the responsibility of the client. Many attorneys will "advance" the costs of certain, smaller expenses (costs of obtaining records, etc.), and then deduct those costs from your recovery, but unless your fee agreement says...
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