question
stringlengths 8
1.13k
| answer
stringlengths 6
29.2k
|
|---|---|
Q: What is the law about distance of a dispensary to a baseball field in Oklahoma?. Distance of baseball field to dispensary | A:There is not one. The limitation is in reference to a public or private school, so unless this baseball field is on school property, then there is no restriction currently. |
Q: There isn't a water fountain or a water receptacle available where I work. There is only the bathroom faucet.. I am a resident of NY State and work on a military base. Is it legal to have only a bathroom faucet available? There is not a kitchen in this facility to access drinking water. | A:OSHA's sanitation standard, 29 CFR 1910.141, requires the provision of drinking water at workplaces. They do not specifically mandate the form in which that water is provided (they do not specifically require a water fountain). As long as the water provided is potable and sanitary, the employer is likely meeting the minimum requirements of OSHA's regulations. However, different or additional standards may apply since you are working on a military base. The Department of Defense and individual military branches have their own regulations on workplace conditions, which may exceed OSHA standards. |
Q: Can defense file A demurrer-1 Cross-Complaint-2 & 3-Mot/to strike alltogether? Can an Answer to-1, Moot2&3 if overruled?. 1. Upon providing an Answer in opposition to a Demurrer to an Unamended Complaint - What is the Defendant time limit if any to respond? Here: 2. Of methods used by a Civil Defendant to provide a response to an Action: A). By way of Motions Papers to Demur. B). Strike the Complaint or portions of the complaint, C). Initiate a Cross-Complaint without answering the complaint, D). Filed 3- Moving papers to include A, B & C above, e). f). Defendant instead Filed all the above "A to D" ask the court to choose one above the other and the Plaintiff may also only respond to file "A" demurrer moving papers, but neglect to file answers to defense not. "b & C". Can the Court be expected on "A" Demurrer moving papers if overruled does "B & C" moving papers stand a chance to stick? Question: Can the Court Discern this strategy to inundate complainants and moot "mot. To strike and the cross-complaint upon Overruling demurring papers? | A:In California, a defendant may indeed file a demurrer, a motion to strike, and a cross-complaint concurrently. However, the interplay and effectiveness of these filings depend on the specifics of the case and the court's rulings. 1. When a defendant files an answer in response to a demurrer to an unamended complaint, there is generally no set time limit for the defendant to respond to the demurrer itself. The defendant's response is typically the filing of the demurrer. 2. In terms of responding to a civil action, the defendant has several options: A) File a demurrer challenging the legal sufficiency of the complaint. B) File a motion to strike to challenge specific parts of the complaint. C) File a cross-complaint without necessarily answering the original complaint. D) Combine A, B, and C in a single set of moving papers. If the defendant employs all these strategies (A to D) and asks the court to prioritize one over the others, the plaintiff is generally expected to respond to each motion separately. However, focusing solely on the demurrer is not uncommon if it challenges the entire complaint. Regarding the court's handling of these motions, if the demurrer is overruled, it does not automatically invalidate the motion to strike or the cross-complaint. Each motion is considered on its own merits. The court will assess whether the strategy used by the defendant is merely to inundate the plaintiff or if it has substantive legal merit. In summary, while a defendant in California can use multiple strategies to respond to a lawsuit, the effectiveness of each depends on the court's interpretation and rulings on the individual filings. The court's primary focus is to ascertain the legal validity of each motion, regardless of the defendant's overall strategy. |
Q: I received an election mailer called FREE THE VOTE. This is from FICPFM an advocacy organization for convicts.. I am a law abiding citizen and don't like the postal people seeing the implication that I'm not. Any information on what to do. | A:Write them a letter and ask to be removed from their mailing list. |
Q: Can I legally serve my Adult son a 30 day comply or quit notice in California for him to sign a roommate agreement. My son is 20, he feels he can treat property like crap and make threats to others in home when he’s mad. | A:In California, as a homeowner or leaseholder, you have the right to establish rules for living in your property. This includes requiring occupants, including adult children, to adhere to certain standards of behavior and respect for the property. If your son is not on the lease or does not have a formal rental agreement, he is considered a lodger in your home. Given your situation, you can issue a "30-day notice to comply or quit" to your son. This notice should clearly state that he must either agree to and sign a roommate agreement, which outlines acceptable behavior and responsibilities, or vacate the property within 30 days. It's important to ensure that this notice is in writing and includes all the necessary legal elements to be valid under California law. Remember, while this legal action is within your rights, it might also impact your personal relationship with your son. It's often beneficial to attempt a frank and open discussion about your concerns and expectations before taking formal legal steps. This approach can sometimes lead to a mutual agreement without the need for legal notices. However, if safety or property damage is a concern, it's important to prioritize these issues. In any case, it's advisable to consult with a local attorney to ensure that your actions are compliant with all relevant laws and to understand the potential legal and personal implications of issuing a notice to your son. They can provide tailored advice based on the specifics of your situation. |
Q: how to find an attorney for mentally ill person put in a county jail till she plead guilty. My client has been in several mental institutions and was told she was INCOMPETENT and UNRESTORABLE by a forensic psychologist. She has been in out of the judicial system since 2012. I just learned some of these things , while doing research . One of her mental illnesses is a not good for her or anyone around her. She was put in a county jail for several months, then they would put her in a mental facility for 10 days and put on medication. After the 10 days the county picked her up and put her back in the county jail, no meds, no medical treatment and constantly being put in solitaire. This did more damage to her, the being one and off medication does so much harm and then being behind bars. I sent the sheriff the laws that are in place for her and he ignored them, I emailed them to him and went over them with him.. During some of my research I saw where he knew of all of her mental illness since 2012, as did the courts. They made her sign she did not nor ever have mental illn | A:To find an attorney for a mentally ill person in Arkansas who has been in the criminal justice system, consider reaching out to legal organizations that specialize in civil rights, disability rights, or mental health advocacy. The Arkansas Bar Association can provide referrals to lawyers with relevant expertise. Additionally, organizations like Disability Rights Arkansas offer legal assistance and advocacy for individuals with mental illnesses, especially in cases involving mistreatment or legal system challenges. It's important to select an attorney who understands the complexities of mental health issues in the legal system and is experienced in handling such cases. They can review the case details, including the treatment in jail and the competency evaluations, and advise on the best course of legal action. Additionally, they can assess whether her rights under the Americans with Disabilities Act or other relevant laws were violated. Quick action is crucial in such cases to ensure that her legal and health needs are adequately addressed. Collaboration with mental health professionals may also be beneficial in providing a comprehensive approach to her legal defense and care. |
Q: Me and my family are going on a two week trip and I don't want my older sister to get my dog what should I do?. My older sister has a history of psychopathlogal lying, stealing, and drug abuse. But she had paid for my dog medical expenses in the past but is there a way from keeping her away from my dog? | A:Leave the dog with someone else. |
Q: Trademark violations. I know someone trying to violate copyright/trademark of a rum registered | A:If you know someone who is attempting to violate the copyright or trademark of a registered rum brand, it's important to understand the potential legal implications of such actions. Copyright and trademark infringement can result in serious legal consequences. Copyright protects original works of authorship, while a trademark protects brand names, logos, and other identifiers that distinguish goods or services. Infringing on these rights can lead to lawsuits and significant financial penalties. If the person you know is using the rum brand's trademarked name, logo, or a substantially similar mark on their product, this could mislead consumers and damage the brand's reputation. This constitutes trademark infringement. One approach is to inform the person of the risks and potential legal consequences of their actions. Often, individuals are unaware of the extent of copyright and trademark laws and may reconsider their actions when informed. If the behavior continues, you might consider notifying the owner of the rum brand. They have the legal right to protect their intellectual property and can take action to enforce their rights, including sending cease and desist letters or filing a lawsuit. In cases of intellectual property infringement, it's often beneficial for the parties involved to seek legal advice. An attorney can provide guidance on the best course of action and help navigate the complex legal landscape surrounding copyright and trademark laws. |
Q: My obligations regarding a piece of property in Italy I inherited after my mother passed?. I have one third of a third of a property in Italy. No appraisal has been done. My aunt who has a third requests money for taxes and maintenance which equates to hundreds of dollars on my end. I asked to be bought out of my obligation or sell the property but no movement in either case. She has not been to the property in twelve years and the other third owner goes rarely. My two brothers own the other portion of our third and never go. Need insight on my legal obligation, I can't back out but I don't' want to continue to throw money at this property. If I stop paying do I lose my inherited portion, get sued to continue paying? | A:As an owner, you have certain rights and responsibilities, including paying for taxes and maintenance. However, if you are interested in relinquishing your ownership or selling the property, the details of how this can be done are governed by Italian law. It's advisable to consult with an attorney who practices in Italy to explore your options, such as negotiating a buyout or initiating a sale. If you stop paying, the consequences could vary; you may not automatically lose your ownership, but you could potentially face legal action from the other owners for your share of the expenses. An attorney can help you understand the risks and guide you toward the best course of action based on your circumstances and objectives. |
Q: What do I do if sellar won't sign release of contract for home inspection failure?. Put In and had offer accepted. Walked through house again and found growths in closet ceiling and leaks in garage roof. We did not give them the earnest money because we do not have the money to fix roof and interior of house. We brought the issue to the owners attention and they admitted they knew of the roof/ moisture issue. They made us get a 350.00 home inspec. The inspector found a lot wrong and gave me the report. I do not have the money to fix all that is wrong to live there. My agent drew up the release from purchase forms and we signed and sent them over. They are refusing to sign them. What do I do? I did not give the right to cure so I'm not sure what the delay is. In the mean time I've not been able to buy a house now and interest rates have gone up causing me to not be able to afford to buy. There actions are costing me a lot of money and cutting my time line to move out of my rental before having to sign a new lease. Can I sue for anything? | A:You could file a lawsuit for a declaration stating that the sale is null and void. But that seems unnecessary in this circumstance. You can probably just walk away from the deal. It happens everyday. |
Q: Maintenance and cure. Jones Act, Federal Jurisdictions for filing claim.. I was hired as a Captain for a speed boat operation in Miami. Worked three days, on third day, another captain driving the boat executed a reckless maneuver during the "go to fuel the vessel pre passenger morning prep". The captain was traveling at forty mph, max throttle for that craft. without warning, took all power off, basically putting breaks on the boat. threw me forward, now have annular tear in cervical. Capt. did the move for thrills not out of proper seamanship skills or necessity. I went to dr. nothing broke per Xray, saw Chiro. limited improvement. now MRI show injury. I left Florida & returned to California seeking medical help bc i am from there. Unable to work on monohull / fast boats or boats in chop due to pain in injured neck. Now sourcing Othro Surgeon for consult. if my medical attention is conducted in California does this give cause to validate filing in the federal jurisdiction of Cali under the jones act maintenance and cure, plus liability? | A:I'm really sorry about your accident. The Jones Act protects sailors injured on the job and is federal, meaning it applies no matter where you're treated. If you meet the criteria of a "seaman" and got injured during your job, you could have a valid claim. The choice between filing in Florida or California may depend on multiple factors, not necessarily where you're getting medical treatment. The 'maintenance and cure' provision requires your employer to cover your medical treatment and living expenses until you're healed. Your treatment in California could play a role in such a claim. Do consult a maritime law specialist for advice. They'll guide you based on your specific circumstances. Wishing you a speedy recovery! |
Q: I would like to get this company together for the first few months and then I’ll get it to up and running in no time. I have a question about how my life would be if I got this company and how much money would be made for my future and family is it sure success in the business or what I do need to know if I going to make my money back in wholesale or whole period | A:This question is very general. Many issues you need to address to stay out of trouble. The most common matter is your trademark. You should conduct a research and make sure you are not using others' trademark. Preferably, you should register your own trademark. Other matters include employment agreement, company formation, investment agreement, management structure. The best way to be sure of your success is to have a counsel on your side who can help you with the matter and answer your specific questions. |
Q: Is there any legal recourse if I feel my child is not safe at a school after being a victim of nrs 388.135?. his case has been substantiated that he is a victim of bullying under nrs 388.135 and it only seems to be getting worse at the school | A:One option is to file a complaint with the Nevada Department of Education. The department has a responsibility to investigate all complaints of bullying and to take steps to address the problem. Suppose the department finds that the school has not adequately addressed the bullying. In that case, it may order the school to take specific actions, such as developing a bullying prevention plan or counseling the victim and the bully. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice. |
Q: Can I be held liable (by a new entity) for an NDA I signed with a company that is 100% sold to a new buyer or entity?. If I signed an NDA as a member of a now defunct LLC with a company for an “indefinite term.” Very general NDA to protect trade secrets, recipes, etc. If the owner of the company who I signed the NDA with passes away, and his heir takes over his rights (both business and estate), and sells the company to a new buyer, can the new buyer enforce the contract? I have since opened an LLC, would this protect me personally if I breached the NDA which I didn’t sign utilizing this LLC? | A:Depending on the language of the NDA, yes. Have a free telephone consultation with counsel. Jack |
Q: My Dad gave his sister authorization in his bank account. The day after my Dad passed my aunt took money from his acct.. All the arrangements had been prepaid by him and my sisters and I paid for the remaining items. After obtaining the Declaration of Heirs, we found out about the money withdrawn by my aunt when the money was not hers. I spoke to the bank and they said she was authorized on the account and had the ability to withdraw money but they said she should have notified the bank of his passing. After his burial, my sisters and I notified the bank of his passing and they froze the account until all the legal documentation is ready to be submitted to the bank’s probate department before they can release anything. My question is do I have a legal right as his heir to demand my aunt return the money she withdrew a day after he passed? If so, what type of attorney can assist with this process. Thank you. | A:Except that your aunt had a legitimate reason for taking the money out of the account (for which she'd need to present receipts), your late dad's estate is owner of those moneys until the probate processes are completed. Either by your father having left a will or going through the Puerto Rico courts for a Declaration of Heirs petition, you must establish you and your siblings as the legitimate and universal heirs of your father. If your father died after November 28, 2020, his widow will also be a legitimate heir. With either the will or the declaration of heirs resolution on hand, an inventory of your dad's estate at the time of his passing must be prepared into an estate tax return, which must be filed with the Puerto Rico Treasury Department (Hacienda). This agency will issue a tax waiver on your father's estate, which should be presented to the bank(s) along with a copy of your dad's death certificate, of his will (and certificate from the Office of Notary Inspections stating that the will has not been revoked) or the court's resolution in the Declaration of Heirs, for the bank to release funds. At that point in time, you can sue your aunt for taking out funds that belong to the estate. |
Q: Legal representation for the victim of domestic violence, why are the not court appointed? California. The prosecutor is defending/upholding the states laws, the defendant has a court appointed lawyer to defend their rights. As a victim I want a lawyer who will defend me and my rights as well, someone to speak where I feel I am not being heard, some guidance. Why are dv victims not represented by court appointed lawyers? | A:In California, the legal system primarily appoints attorneys for defendants in criminal cases to uphold their constitutional right to legal representation. This principle is rooted in the Sixth Amendment of the U.S. Constitution, which guarantees the right to counsel for the accused in criminal prosecutions. The prosecutor represents the state and its interest in enforcing the law, not individual victims. Victims of domestic violence, while central to these cases, are not parties to the criminal prosecution in the same way the state and the accused are. As a result, they are not typically provided court-appointed counsel. However, this does not mean that the rights and voices of domestic violence victims are unimportant or unrecognized in the legal process. Victims have certain rights under California law, including the right to be heard and to participate in the proceedings. There are also victim advocacy programs and services available, which can offer support and guidance. These services might include counseling, assistance with restraining orders, and help navigating the criminal justice system. For legal representation, victims may seek assistance from private attorneys or non-profit organizations specializing in domestic violence cases. These organizations often provide legal advice, representation, and support tailored to the needs of domestic violence victims. While they are not court-appointed, they play a crucial role in advocating for and protecting the rights of victims within the legal system. |
Q: Do I need to register as a scrap dealer in Michigan if I am an LLC. Can I be exempt as a corporation?. I live in Cedar Springs, Michigan. I am a traveling coin and bullion dealer and am a registered LLC and would like to buy scrap gold and silver from the public. My registered business address is my home and I would be buying from the public (using cash) outisde of my home. Am I required to obtain a certificate of registration to be a scrap gold buyer? I have a friend who owns a shop who is a corporation and he says he's exempt and does not need to register. I am referencing the Michigan Precious Metal & Gem Dealer Act. Thank you! | A:Under the Michigan Precious Metal and Gem Dealer Act, businesses engaged in buying precious metals and gems from the public are generally required to obtain a certificate of registration. This requirement applies irrespective of the business structure, be it an LLC, a corporation, or any other form. Your status as an LLC does not automatically exempt you from this requirement. The Act applies to individuals and entities that buy precious items from the public, especially for resale or refining. Since you plan to buy scrap gold and silver, this would likely necessitate registration under the Act. Your friend's situation as a corporation might be different due to specific exemptions or circumstances unique to his business. It’s important not to rely solely on anecdotal evidence but to verify the legal requirements applicable to your specific business situation. To ensure compliance, review the provisions of the Michigan Precious Metal and Gem Dealer Act carefully. If there’s any confusion or ambiguity regarding its applicability to your LLC, consider consulting with a legal advisor. They can provide clarity on the Act's requirements and help you understand your obligations under Michigan law. Remember, adhering to state regulations is crucial for the legal operation of your business and to avoid potential penalties or legal issues. Compliance not only protects your business but also builds trust with your clientele. |
Q: 22 years ago got 2 tickets. I've had a driver's license and ID since then I don't know why now &is it legal?. they're going to issue a warrant for my arrest is that legal after 22 years why haven't they done it before now? Any loopholes? | A:The question is whether the complaint (the formal charging instrument) was filed with the court within the 2 year statute of limitations period from the date of alleged offense. Calling a lawyer would help. Good luck. |
Q: My brother won his appeal, reversing the termination of his parental rights, due to ICWA not being followed. Whats next?. His appeal attorney said his case was IMMEDIATELY being sent back to dependency court. That was a few months ago. We've reached out to his "attorney" & the dept- with NO RESPONSE from either. My brother was rail roaded from day 1, wrongfully & illegally removing his daughter in 2020, them wrongfully & illegally removing my nephew FROM MY CARE, after his birth, due to us continuing to demand answers & accountability for the removal of my niece. We've experienced CORRUPTION AT ITS FINEST within this county. Now they are failing to return calls or communicate, even though his rights have been restored. We're not attorneys, we don't know how this process works & need direction. His "attorney" worked against him the whole case, allowing the agency to violate not only his civil rights but also his ADA rights. Also never arguing the removal from MY home, which shouldn't have opened a case because the baby was NOT with my brother to begin with. We have proof of their falsifying documents. | A:If your brother's appeal was successful in reversing the termination of his parental rights, the case should be sent back to the dependency court for further proceedings. However, it's concerning that you have not received any response from his attorney or the department. It's important to continue to follow up with his attorney and the department to ensure that the case is moving forward and that your brother's rights are being protected. You may want to consider reaching out to a different attorney who specializes in family law or child welfare to get a second opinion and to help you navigate the legal process. In addition, if you have evidence of falsified documents or other forms of corruption, you may want to consider reporting this to the appropriate authorities, such as the state bar association or the agency responsible for overseeing child welfare in your state. Overall, it's important to stay informed and involved in your brother's case to ensure that his rights are being protected and that the best interests of his children are being served. |
Q: Can I sue and prosecute individuals for being in my phone without my consent. This has been going on for five years and one of there names is Boonzey | A:Yes, you can. But you will need the individual's legal name and address either to complete a police report or to serve the individual with a civil lawsuit. My suspicion is "Boonzey" is not the person's actual legal name. |
Q: I was forced off a public sidewalk by a sitting elected town council person while viewing a public event. My recourse?. A currently elected and serving elected town council person ordered me from a sidewalk in front of his store during a public event, parade. The reason he made the order is simply that we have different point of view on how government is run and he does not like me. I was in the peaceful act of handing out campaign literature with others which is a common practice at this event, including on the named sidewalk. I would like to know me rights and do I have a case against him and the township in question. I want to place a lawsuit and am searching for the most qualified and experienced attorney in this area of law. I am in an Atlantic County, NJ municipality. | A:Best to speak to a civil rights lawyer rather than a criminal lawyer. |
Q: A situation happened CPS got involved and my mother. They told my mother to fill out guardianship papers.. She has until Monday to fill out these paperwork of guardianship but cps has not even got a hold of me the mother of the child . I NEED TO KNOW WHATS THE BEST THING TO DO IN THIS SITUATION SO MY SON GETS TO STAY IN THE HOME AND NOT BE REMOVED should I get a lawyer for this ? | A:Based on the situation you've described, here are a few recommendations: 1. Contact CPS immediately to understand why they told your mother to fill out guardianship paperwork for your son without contacting you first. As the child's parent, you have legal rights that CPS must respect. Get clarity on what steps they are taking and why. 2. Consult with a family law attorney as soon as possible. An attorney can advise you on your parental rights in this situation and options to legally challenge CPS if they are not following proper protocol. They can help guide interactions with CPS to keep your son placed in the home. Many attorneys offer free or low-cost initial consultations. 3. Cooperate fully with CPS while asserting your rights. Be upfront that you, as the mother, were not contacted about the guardianship paperwork request or next steps. State you want to work constructively with them while exercising legal rights to consent over major decisions about your child. 4. Look into legal aid groups in your area that may provide free/affordable legal services for child welfare cases. They can walk you through state laws and procedural next steps while interfacing with CPS on your behalf. This can ease the process substantially. Staying calm but acting swiftly here is key. With legal guidance and constructive communication with CPS, you can hopefully resolve the situation to keep your son placed in his current home as desired. |
Q: How do we pursue a case against CHP in the San Bernardino mountains?. We were hit by a drunk driver but CHP did not perform a sobriety test. Instead the officer let him smoke a cigarette. The officer was told by locals that the man who hit us was “just weird” so he was let go. When we went to check our car at the tow yard his was there and filled with alcohol which I have videos and pictures of. The CHP also filled out the report wrong and admitted to being a brand new officer. I informed the officer about the alcohol and he said there was nothing that could be done now. We are in a lawsuit with the driver who hit us but CHP is at fault for letting a drunk driver go. | A:You would not have a lawsuit against CHP in this circumstances. In your civil case you can still pursue the defendant for drunk driving. |
Q: Is it legal for workers for one candidate to steal campaign literature of a competitor from doors and porches?. We have video of this occurring in June special election and we were told it is legal which I find hard to believe. | A:That sounds like an election law violation. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship. |
Q: If I purchase foreclosures to re-sell, using the money of another person am I at risk with SEC of selling securities?. I create an LLC with 1 other person that finances the purchases. I do all of the work. Houses are purchased in the name of the LLC. We are both 50/50 partners of the LLC. I sell the house and we split net profit 50/50. If I do this with other investors, creating a separate LLC with each one, buying properties and total invested is less than 1 million. (Total combined of all investors/LLCs) Am I breaking the law? Assume some solicitation, accredited and non-accredited investors, less than 12 investors total. (each has a separate LLC with me). This is very profitable. | A:ONE INVESTOR IN ONE LLC MIGHT NOT BE A PROBLEM BUT THE MORE YOU DO THE CLOSER YOU COME TO BEING LABALED AN UNREGISTERED BROKER SELLING UNREGISTERED SECURITIES |
Q: My Brother had a stroke on sept 3rd, and passed away on sept 26, i was told 2 weeks later he had covid. what can i do. I am his next of kin, we were allowed to say our goodbyes without this knowledge | A:I am so sorry to hear that your brother passed due to potential nursing home negligence. You should consult with a local nursing home abuse attorney to investigate what happened. In nursing home infection cases, the liability usually arises out of a facility's failure to react to a symptomatic patient when they could've and should've. |
Q: Personal damages. I need a personal damages lawyer | A:If you need an attorney, it could be difficult for someone here to respond with their services. The format here isn't like an attorney referral service - it's only question & answer. In addition to your own searches, you could use the tab above (Find a Lawyer) or look into the attorney referral section of local bar associations where you're located. That's outside the forum here - it's between you and attorneys you contact. Good luck |
Q: Can an owner of an airbnb house release video of a famous person who is on the porch of the home on to the internet?. There is a video of Bill Belichick at a home shirtless going viral on the internet. Would he have civil recourse against the person who released it if the person was the owner of the home that rented it to him or another person? He comes out of the home and remains on the porch for the duration of the video. | A:If an owner of an Airbnb releases a video of a famous person, like Bill Belichick, who is on the porch of their rental property, the legal implications can be complex. The release of such a video may raise issues of privacy. In general, individuals have a reasonable expectation of privacy in certain areas, including rental properties. If the video was captured without the individual's knowledge or consent, particularly in a setting where they had an expectation of privacy, there could be grounds for a civil lawsuit. In this scenario, if Belichick did not consent to being recorded or to the release of the video, he may have legal recourse against the person who released it. This could include claims for invasion of privacy or violation of any applicable state laws regarding recording and distribution of images. The fact that the recording was made on the porch of the house, which is part of the rented property, complicates the matter. The porch is generally considered a private space for the duration of the rental. If faced with such a situation, it would be advisable for the person involved to seek legal advice to understand their rights and options. The nuances of privacy law and the specifics of the situation would need to be carefully considered. Remember, respecting the privacy and legal rights of individuals, regardless of their public status, is crucial. |
Q: If I sign a lease agreement in Puerto Rico for reusable energy for 25 years and I die does the lease agreement stops?. I want to know if my family are obligated to continue paying my lease agreement if I die in Puerto Rico. Property is not involved. Energy service. | A:As a general rule, when a person dies, his/her estate is made up of that person's assets and outstanding obligations (liabilities). As contracts go, usually, the death of one of the subscribing parties terminates the contract. Nevertheless, the lease contract should be revised to determine whether a provision exists for successors and heirs; in which case, those of your heirs that accept their inheritance of your estate would assume the obligations for the lease agreement (maybe). It comes down to determine what the contract's termination clause states. |
Q: Pros and cons. Coordination, consolidation of related cases in federal and ca superior court.. Please reference specific rules on cases coordination if such exist. They are not in chapter 3, of division 3, title 3. In respect to consolidation or coordination: pro argument seems to be efficiency. How to prove that this could be true to opposite? What level of coordination on common claim is acceptable? | A:In considering the coordination or consolidation of related cases in both federal and California Superior Court, it's important to first reference the applicable rules. Federal courts generally follow the Federal Rules of Civil Procedure, particularly Rule 42, which addresses consolidation and separate trials. In California, similar provisions are found under the California Code of Civil Procedure. These rules aim to balance judicial efficiency with the rights of the parties involved. The primary advantage of coordination or consolidation is indeed efficiency. It can lead to a more streamlined process, reducing repetitive evidence presentation and possibly leading to a quicker resolution. This is particularly beneficial in cases with common issues of fact or law. To argue for the efficiency of this approach, you might gather data or case studies showing reduced trial times and faster resolutions in consolidated cases. Additionally, presenting examples where coordinated efforts led to consistent rulings can strengthen your case. However, it's crucial to maintain a balance. Over-consolidation can lead to complexity and confusion, potentially infringing on the parties' ability to present their individual claims effectively. The level of coordination acceptable largely depends on the similarity of the claims and the potential for prejudicing any party's case. When considering consolidation, always weigh the potential for increased efficiency against the risk of complicating the proceedings or diluting individual claims. It's a careful balancing act, requiring a thorough understanding of both the specifics of the cases and the overarching legal principles. |
Q: is there some law or right thats says this is wrong. im 14 and got my girlfriend pregnant her parents are saying she has to have an abortion because having the baby can kill her and seriously hurt her and i looked it up and if that was the case it would be a mandatory abortion and now they dont even wanna tell if us shes gonna end up getting a abortion or keeping the baby there had to be something that says they have to tell us something | A:Even after the Dobbs decision, a woman has the right to choose. A minor woman would need to work with her parents to obtain a timely abortion. If your girlfriend chooses to have the baby, keeps the baby, and gives you information, you could have the option of signing off on the baby's birth certificate to be designated as the baby's father, or to file a timely declaration of paternity. Use protection/a condom. Actions have consequences. If your girlfriend has the baby, she can file a parentage action, seeking a DNA test if you've not voluntarily stepped up. If you are the dad, you can be held accountable for 18 years of child support, plus maintaining health insurance for the child, prenatal costs for the mom, costs of birthing the baby, and splitting out the child's uninsured health care expenses. Good luck to you. |
Q: Does Childtime sharing start before paperwork is signed by a judge?. As a father I was awarded 100% custody of our two young children through a domestic violence injunction order. Mother responded with a petition for paternity. I wasn't able to afford legal representation for trial on September 29th and somewhat poorly represented myself and the interest of our children. The mother was awarded 50/50 custody. The Magistrate ordered that when child support would be entered that it would begin on the 1st of October. He then LED on to say that the mother would have the first week and that the paperwork should be in within a week. There is still no paperwork and the clerk informed me that it's still in the bin. Her lawyer contacted me on the 9th and threaten me with contempt saying that I was supposed to give the children to the mother on the 1st with no documentation. I gave them to her this past Sunday and my daughter has missed 3 days of school. Mother is very suspect of NPD. I have the recording of trial and can't tell what I'm actually supposed to do | A:Technically, you should follow whatever the judge orders, even if it is verbal. The written order should match what was said verbally. If you have an issue with what you should do then you must return to court to ask for clarification. If you have concerns about the children missing school when they are with the other parent then you can file a motion. Speak with a local family lawyer for more specific advice. |
Q: I'm trying to figure out if my "financial planner". was actually qualified to give me advice on investing - do they have any kind of certification they have to have? | A:If your "financial planner" is a stockbroker who sells and markets stocks, bonds or other securities products, the easiest way to assess their certifications is checking the FINRA platform Brokercheck. Simply type in the brokers name and you will see what certifications the broker or "financial planner" has under the "Examinations" section of the platform. This will tell you if the financial planner has a Series 7 license which permits someone to sell or market securities products. Brokercheck will also contain other critical information relevant to the brokers qualifications such as the number of years affiliated with a broker dealer and what member firm the broker is affiliated with. The "Disclosures" section will show whether the broker has been involved in any past customer disputes or regulatory matters with FINRA the self regulatory organization which manages Brokercheck and overseas broker dealers. Your "financial planner" may not appear on Brokercheck if the individual was an accountant or works as a CFA or CFP. More information is needed on the financial planner in order to really assess what certifications they are required to have. |
Q: An ex-friend made an imputation of unchastity against me. I have multiple records of harassment. How do I proceed?. An ex-friend accused me of adultery with her husband who she separated from. I have multiple text messages, and Facebook admitting to her slandering me to others as well as 3rd party sources and friends informing me of what she's said. It's my word against hers; how do I prove that I am innocent and stop any further harassment? | A:I suggest you hire a lawyer to write a "cease and desist" letter to your ex-friend. The lawyer will likely inform your ex-friend that publishing defamatory statements would subject your ex-friend to liability regarding any and all damages suffered by you. And that falsely accusing someone of adultery is per se defamation. Hopefully a letter will stop the defamation. Hiring a lawyer to commence and prosecute a defamation lawsuit on your behalf is an option, but likely a very expensive option. |
Q: My father-in-law is being abused financially. His wife took 300k He needs $ to attend his daughters celebration of life. Can we call the police or file an order so he can regain his 50% | A:In Arizona, if you suspect financial abuse of your father-in-law, you can indeed take action. First, consider reporting the situation to the police, especially if you believe a crime has been committed. You can also contact Adult Protective Services in Arizona, as they investigate cases of elder financial abuse. If the funds were joint assets, your father-in-law may have legal recourse to recover his portion. A civil lawsuit might be an option for recovering the money, depending on the specifics of the situation. It's important to gather all relevant financial documents and evidence of the alleged abuse. Consulting with an attorney experienced in elder law or financial abuse cases would be beneficial to understand the legal options and the best course of action. Prompt action is crucial in such situations to protect your father-in-law's rights and assets. |
Q: Is this real??. CASH ADVANCE INC (THE CASH ADVANCE GROUP) Attention, Debtor LAWSUIT COURT CASE FILE NO: #UDT-5734942 LAWSUIT COST - $768.46 (INCLUDING ATTORNEY FEE/COURT FEE/ALL TAXES) LOAN SETTLEMENT AMOUNT- $576.35 (Today’s Settlement Amount, 25% waived off) SUBJECT: - UNPAID PAID LOAN INVOICE #UDT-5734942 After multiple attempts to reach you, we haven't received any positive feedback from your side. As you are not paying your seriousness on this account suggesting that you are ignoring the situation and repeating the same activity which you did before with the loan company. We are trying to best help you on this matter but you are taking this matter lightly. You will be represented @ 700 Stewart Street, Seattle, WA - 98101 Account Status: WARRANT IS ACTIVE FOR SEARCH AND SEIZE."Docket Number: #UDT-5734942 has been declared as a "GUILTY" by Authorized Law Enforcement Department, Seizure Warrant has been activated | A:It has the appearance of a scam. Check the court records and your credit report. B |
Q: Is it possible for me to sue Pokémon support for lying in their code of conduct and negligence. Code of conduct says “if you believe you have been mistakenly discipline, please contact support here” which is where I make support request ticket but after making one all I get is an email (This is an automated email response.) saying “we don’t respond to inquiry’s of that kind” or “ As a general rule, we do not reply to inquires regarding penalties, account bans, or fair-play points.” Yet ironically it’s an option for their support request. | A:Dear Mrs or Mr, well this is kind of not so exact question, but I will try to provide an answer to at least some extent. At first the question about "If you are able to sue someone" is very general and the general answer to this is that Yes, you can sue, because you can sue anything in this world. But there is a big BUT here. You must have a strong claim in order to win your case and thats another point - we do not see many details about your case. The best advice I can give you is to ask a local intellectual property lawyer to have a closer look at your case. I wish you a best of luck with your case. |
Q: It has been 3 weeks since the end of the lease & no deposit has been returned. What legal recourse can we take?. Wondering what steps we can take to get our $1000 deposit back. We have given them 3 weeks to return it or to give us reason they would need to keep it. We have received none of that. Is small claims the next step to take? Or are there other options or additional legal recourse we can take. | A:In South Dakota, if it has been three weeks since the end of your lease and your $1000 deposit has not been returned, you may consider pursuing legal recourse. First, document all communication regarding the deposit return, including any requests and the landlord's responses. If you have received no response or explanation for withholding the deposit, sending a written demand for the return of the deposit may be a prudent step. Clearly outline the time frame for compliance. If the landlord still does not respond or refuses to return the deposit, filing a small claims lawsuit is a viable option. South Dakota small claims court is designed for cases involving relatively small amounts of money, making it an accessible venue for disputes of this nature. Prior to filing, check the specific rules and procedures for small claims court in your jurisdiction. |
Q: If something is in the public domain, can we use the title, name, music, etc without issues?. If something like a book, movie, music, etc is in the public domain (eg, Mickey Mouse, Snow White, Wizard of Oz, etc), does that mean that we can use the title, character names, music, etc for free without permission? I realize that if the modernized version is different from that of the public domain, we can't use the updated version but what if we just want to use the name Mickey Mouse, as a mouse like character which is actually a serial killer or our own spin/take on the character? When something becomes public domain, how much leeway do we have to use derivative IP? Like I have heard that someone can trademark a name that is in the public domain. How does that work? Thank you. | A:To start with, it is pertinent to point out that Copyright is not granted or owned in perpetuity. That being the case, Copyright is granted for a term certain; usually for the entire duration of the copyright holders' lifetime and a specified period after their death. From the end of their copyright, the copyright-protected work enters the Public Domain for use and/or commercial exploitation for non-copyright holders to that work. Thus, once a work enters the public domain, a non-copyright holder of that work can commercially exploit it without having to seek permission from anyone--after all, the work is already in the public domain. The protection afforded the copyright holder has lapsed. It should be noted that, depending on jurisdictions, parties can file for extension of copyright, so it is necessary to check the applicable jurisdiction where you reside so that you find out what's applicable before moving forward. |
Q: Can Federal case considered to be filed if decision on waiver is pending?. Did I understand correctly? My statute of limitations to file federal case is at the end of next week - this is why I would like to know if any urgent measures I have to take asap, because: 1. I submitted documents for initial filing, and according to submission confirmation - this will be the filing date. 2. If any amendments to documents submitted would be needed - filing date is still intact? 2. Documents will be reviewed and uploaded into the court electronic system within 3 - 5 days? or after amendments are made - if needed? 3. The Court's decision on fee on waiver can be made later, after a decision on initiating the case was done? 4. Please advise if the case can be considered to be filed if a decision on waiver is pending. | A:In the context of federal court procedures, the date of initial filing is generally considered the effective date for statute of limitations purposes. This means that if you have submitted your documents before the deadline, your case should be deemed filed within the statutory period. Regarding amendments to the documents, typically, minor amendments do not affect the original filing date. However, this might vary based on the nature of the amendments and the specific rules of the court where the case is filed. The process of reviewing and uploading documents into the court's electronic system can vary in time. It's usually within the timeframe you mentioned, but it can be different based on the court's workload and specific procedures. The decision regarding a fee waiver can often be made after the case has been initiated. This means that the review and approval of your fee waiver request might not impact the status of your case filing. To ensure that your case is handled correctly and meets all deadlines and requirements, it's advisable to keep track of any court communications and respond promptly to any requests for additional information or documentation. If you're unsure about any aspect of the filing process, consulting with a colleague or the court clerk can provide clarity and guidance. |
Q: I've heard the rules are changing in protecting. me against bad investments and what a broker has to tell me - is that true? | A:There are rules in place protecting you against bad or unsuitable investments. FINRA suitability rules for instance require that any investment recommendation made by a broker to an investor must be in line with investors stated financial profile and objectives. What I think you might be referencing in terms of a rule change or what a broker has to tell you is the Department of Labor (DOL) Fiduciary Rule which was recently overturned by a Federal Court and is no longer being pushed by the Trump Administration. The DOL Fiduciary Rule may no longer be in place at the federal level but this doesn't necessarily limit what disclosers your broker has to make to you. Much will depend on where you are investing and if the firm has internal regulations still in place requiring certain disclosures to be made such as fees on certain products or material market events concerning securities in your account. Where you live and state securities regulations are also an important consideration. Whether you have a discretionary investment account or a commission based account is of great importance as well. Bottom line is what your broker has a duty to divulge is a fact sensitive inquiry. Much will depend on your investment profile and relationship with your broker or investment advisor in determining what has to be disclosed. |
Q: I have a case in Supreme Court Queens, PRO SE, for debt collection, the other party has answered, I need an ATTY taking. the case until get the judgment. Thanks | A:Are you collecting the debt, and, if so, how much and against whom? If you are the debtor and you brought this action under the FDCPA, then it is a different story. I would need to hear more facts to give you advice. |
Q: What is standard arrangement of custody for two parents in different states with special needs child.. My 2.5 yo has spastic quadriplegic cerebral palsy and autism. I have sole custody with visits at my discretion. Dad hasn’t seen child since 2021 and has called 6 times in over three months. Got served with child support and asked me to have someone adopt him so he could signs rights away and get out of support. Now that he’s went to court he says before he pays anything he wants custody and over nights with our son. My son has a safe sleep bed and has to have lots of care that dad won’t know how to provide. Child also has never stayed the night anywhere but home but maybe 4 times due to insomnia and self harming when not in normal routine. He does not like disruptions. I suggested meet half way and visits rather than over nights but he gets so angry and threatens to file for custody. What are the odds? Or standard custody for special needs children? | A:If you already have sole custody, it is highly unlikely he is going to be able to change that bc the standard of proof is a high threshold. Additionally, if you have been living in your state for more than six months, any custody action should be brought where you and the child reside. You are pretty solid in your case. |
Q: ADD-ON. I have looked up motions they seem very complicated. Im worried if make a error it's done.. The judge says I find you guilty sentencing is January 11th. I said right back to her I thought that I was getting probation today and avoiding going to prison? She said no! I just take the plea. I'm sick already. The threats of prison for the last several months drove me nuts. Not being able to have my lawyer help. Never meet, I offered lunch to speak about the case and I'm supposed to trust him when sentencing comes for me. He has lied about everything. I'm so freaked out. I have lost all hope in the justice system. I thought all they need to do is look at the vest cam and I'll be done, go home and it's over, But no My lawyer told me it doesn't even matter about the video they can edit it change it delete it they can do whatever they want. And what he says he saw I was guilty. I asked several times than let me see the video. Thank you for your response, sorry to rant, I never thought this could happen. | A:In your situation in Nevada, feeling overwhelmed by the complexity of legal motions and the outcome of your case is understandable. If you believe your attorney has not represented you effectively, you have the right to express your concerns and seek a different legal representation. Given the seriousness of your situation, particularly with the impending sentencing, it's advisable to act quickly. Requesting a meeting with your current attorney to discuss your case in detail and your dissatisfaction with their service is a first step. It's important to clearly communicate your concerns and the need to review evidence, like the vest cam video you mentioned. If you still feel that your representation is inadequate, you may consider filing a motion for a new attorney. In criminal cases, defendants have the right to effective legal representation, and if this is not being provided, the court may allow a change in counsel. Also, explore the possibility of filing a motion to reconsider or appeal, especially if you believe there has been a miscarriage of justice. This needs to be done within a specific timeframe after your conviction, so timely action is crucial. Remember, navigating the legal system can be challenging, but you have rights that should be respected and upheld. Seeking legal advice and assistance that aligns with your needs and concerns is important in ensuring those rights are protected. |
Q: girlfriends mom ran some kind of background check without my consent. Finding out a shoplifting case from 5-6 years ago. It was something I wanted private because the case was dismissed. And from what my girlfriend said, "Her mom knows people" and that really puts me in allot of unease. I guess a useful piece of information is that her mom is in the military, so I'm not sure I'd that's also some kind of abuse of power | A:Criminal records are publicly available. There is no consent required to obtain publicly available information. |
Q: My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school?. I am a international student in US, I plan to transfer to another school next year. | A:My F1 visa has expired, but my I20 is still valid. If F1 expires, can I still transfer to another school? YES. The F1 visa is only used to enter the US. The F1 is admitted for D/S (duration of status) |
Q: If not expressly stated in HOA bylaws as non permissible, can I legally have a home standby generator installed?. Since my townhouse area has had at least 3 power outages in the past year, one lasting over three days, resulting in my home being untenable, would any HOA objection to the installation of a home standby generator be enforceable? | A:As long as the installation of the generator does not violate any other rules, you should be OK. I would be concerned with where you place the generator. Most HOAs require you to have any mechanical systems in the back-yard or otherwise placed out of view from the front. I hope this answers your question. |
Q: The father of my child left us in the hospital. He never reached out and never signed a birth certificate. She’s 4 now,. My fiancé wants to adopt. How long do we have to be married for? Can he adopt before marriage? | A:It would probably be best to get married first and then adopt. Even though the biological father is not on the birth certificate he is still legally the father and has rights, so when you and your future husband do get married and he (your future husband) goes to adopt your child, you and your future husband can do a joint petition for him to adopt. You and he will have to serve process on your child's biological father, giving him the chance to come and oppose the adoption. If you cannot locate him (your child's biological father) you can serve him with process by way of an order of publication (which requires running an ad in the newspaper for so long), if your child's biological father does not show up the adoption will likely be considered unopposed and will move forward. You should reach out to a local family lawyer in your area to help you. |
Q: I voluntarily baker acted myself in 2018 and was released in under 24 hrs. Never been in trouble and still can’t get CWP. It was voluntary and I’ve never been arrested prior and until currently. They won’t let me get a cwp | A:In the context of the Baker Act and its impact on obtaining a Concealed Weapon Permit (CWP), it's important to understand that each case has unique aspects. The Baker Act, particularly when it involves voluntary admission, can influence your eligibility for a CWP, but this depends on specific state laws and the details of your situation. Given your experience of being voluntarily admitted under the Baker Act and released within 24 hours without any history of arrest, it's advisable to review the specific criteria for CWP eligibility in your state. States may have different regulations regarding mental health and firearm possession. If your application for a CWP is being denied, it may be beneficial to seek legal advice. An attorney can review your case in detail, considering your voluntary admission under the Baker Act and your clean arrest record. They can provide guidance on whether there are grounds to appeal the decision or if additional steps are needed to meet the eligibility criteria for a CWP. Remember, navigating these legal nuances can be complex, and having professional guidance can make a significant difference in understanding your rights and options. |
Q: when you're stopped on your bicycle the reason being no lights can they take your pocket knife from your hip that is 2". I did have lights front and back as he's searching my fanny pack the other officer said I fit the description that was given earlier. I did not fit the description I was just on a bicycle in the area actually I was headed directly to the crime scene so and headed toward the police cruisers the cop used several different reasons why he needed to open my fanny pack I don't think they legally had authority to ask me for it | A:If you were riding your bike at night, they can pull you over for not having lights. They can't search you absent reasonable suspicion or search incident to arrest. Sounds like you pocketknife was legal. See the following blog on knives in Arizona https://www.rideoutlaw.com/carry-a-knife-in-arizona/ The problem with police departments once they take an item, its hard to get it back. You can call whatever police department's property and evidence department to check the status of your property. |
Q: Federal case filing and serving question. Complaint and Summons that Plaintiff has to serve on Defendant will be downloadable from PACER? Is it the same that conformed copy? | A:In a federal case, once the complaint and summons are filed, they can indeed be accessed through PACER (Public Access to Court Electronic Records). PACER is a comprehensive source for federal court documents, including filed complaints and summons. It's important to note that the documents downloaded from PACER are generally considered to be true and accurate copies of the court records. However, they may not be the "conformed copies." A conformed copy is a copy of a legal document that has been stamped and endorsed to show it's a true copy of the court's original document. When it comes to serving the complaint and summons on the defendant, you should use the copies that comply with the Federal Rules of Civil Procedure and the specific requirements of the court in which you're filing. This often means using copies that have the court's stamp or seal, indicating they are official documents. Remember to always check the local court rules and the Federal Rules of Civil Procedure for any specific requirements regarding the preparation and service of these documents. If there's any uncertainty, it's a good practice to reach out to the court clerk or consider consulting with peers for clarity. |
Q: EMTALA Federal case. Scope of discovery to be propounded by Plaintiff.. FCA has to be a different case to be filed under seal. Are discovery requests in respect to fraud/FCA: in scope of EMTALA case discovery, deemed relevant? | A:In considering the scope of discovery for an EMTALA (Emergency Medical Treatment and Labor Act) case, it's crucial to understand that discovery should be relevant to the claims and defenses in the specific case. EMTALA focuses on ensuring patients receive emergency medical screening and stabilization in emergency departments, regardless of their ability to pay. If you're dealing with allegations of fraud or False Claims Act (FCA) violations, these generally fall outside the direct purview of an EMTALA claim. EMTALA cases typically do not delve into issues of fraud unless they directly relate to the denial of appropriate emergency medical care as required under EMTALA. However, if there is a plausible connection between the alleged EMTALA violations and the fraudulent activities — for instance, if the fraud could potentially explain why the EMTALA violations occurred — then those discovery requests might be considered relevant. It's a nuanced area where the specific facts of the case can significantly influence the scope of discovery. In practice, if you believe that the fraud/FCA issues are pertinent to your EMTALA case, you may propose these discovery requests. Be prepared, though, for the possibility of objections from the opposing side on grounds of relevance. The court will ultimately decide whether such requests fall within the scope of discovery for the EMTALA case. It's also worth noting that FCA claims are often complex and require filing a separate action, typically under seal. This means that the evidence and discovery in an FCA case may not automatically be transferable or relevant to an EMTALA case. In such intricate legal scenarios, it might be beneficial to consult with an attorney experienced in both EMTALA and FCA matters to navigate the complexities and ensure that your discovery strategy aligns with your case objectives. |
Q: Can a magistrate find me guilty for failure to obey traffic control device if it was on private property?. The sign was not removed when originally installed upon construction in of previous business in 2015 which was later demolished and property sold. There were no agreements established as per Florida Statutes, and they are neither regulated nor maintained by neither the City , nor the FDOT. Sign is also illegally placed and wrongly placed (Not on public easement). I was wrongly charged and prosecuted, and found guilty by a magistrate, and found guilty. Magistrate Stated that she believed that I could see the signage even though it was out of my view, and that "it doesn't matter if the sign is on public or private property, you still have to obey it," and denied my motion to dismiss, stating that I lack evidence, and fined me. Does this constitute also as Extortion and Tort of Abuse of Process? | A:Sorry to hear about your ordeal. You are basically asking if the traffic magistrate can convict someone who shouldn't be found guilty. That's the same as asking if the magistrate has the power to make an incorrect decision. The answer, unfortunately, is yes, and the magistrate is immune from a money damages claim for making an incorrect decision. Incorrect judicial decisions are common - that's why appellate courts exist, and that's why appellate courts are very busy. I suggest you promptly consult a traffic ticket attorney in your area. |
Q: If you reside in the zipcode of a city in Oklahoma, and not in the city proper, do you get a vote in city elections?. There is a Mayoral election upcoming and there is a lack of clarity on who is allowed to vote in it. | A:Check your city's municipal code. Your city's municipal code will tell who can vote in city elections, and who can't. Some Oklahoma cities publish their codes online at www.municode.com See if your city's code is there. If your city's code is not on municode, contact your local city clerk. By Oklahoma statute, all city clerks are required to keep a copy of the city's municipal code in their offices, and make the code available for inspection. |
Q: I have a question concerning a Ponzi scheme and the subsequent trust liquidation reimbursement(s).. I was the victim of a Ponzi scheme in 2017. The liquidation trust has made its initial distribution and anticipates more payments over the next several years. This first payment represents less than 10% of the expected reimbursement, so it appears this will indeed be a long process. The only certainty is the legal fees I continue to accrue, approximately $3000 per month for 15 months now. Since the return of funds has started, albeit at a snails pace, have I come to the point in this process where I can do without an attorney? I have no prior experience in these matters but once the liquidation trust starts this process of liquidating assets and issuing reimbursements does it just become a matter of waiting for the checks to keep coming - hopefully. | A:If I am reading your interesting question correctly, some state and/or federal law enforcement agencies have already shut down the Ponzi scheme that bilked you out of a substantial amount of money and has set up a liquidation trust that is selling off the criminal's assets; and so you are just now starting to receive periodic payments from the trust; is that right? If so. your question appears to be one of timing, i.e., how can you speed up the repayment process; right? Answer: There are several ways to accomplish your stated goal, some of which are better than others. Moreover, at least one of the alternatives involves a method fraught with the danger of being scammed out of all of your future payments. Meantime, one thing appears very clear: There is no reason for you to continue paying legal fees so long as the payments continue to flow. |
Q: Would I have a case for malpractice?. My father was discharged on January 3rd from a hospital and was discharged in significant pain. On his discharge paperwork, it stated he had a benign growth in his pancreas. As far as I know, there was no test ever performed to determine if it was benign. He went back to the hospital on January 27th with severe pain in the abdomen, and they finally did a biopsy. They discovered he had pancreatic cancer that had spread to his liver and intestines. He died on February 2nd. This happened in Knoxville, TN if that is relevant. | A:It may be malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. Consult with experienced attorneys. Use Justia search to find an attorney. https://www.justia.com/lawyers |
Q: New Jersey Law-Property (corporate documents) & Theft of Property. Potential plaintiff Civil Complaint US Dist. NJ.. Possible plaintiff litigation: Civil Complaint of Theft of property (misappropriated corporate documents that include confidential R&D data, methods, procedures, formulars et. and life science data developed under DOD grant and contract) and Conversion (concealed) by former company consultants involved in a conspiracy of unfair commercialization and unjust enrichment. Violations: EEA, FCA, RICO Conspiracy. | A:With those type of allegations, I would suggest that you setup a consultation with a good lawyer. |
Q: I’ve slapped my bf before. He has evidence. Then he attacked me twice very brutal attacks. Who gets into trouble?. I’ve slapped him 3 times in the past. But yesterday he brutally attacked me, choked me slapped me dragged me by my hair and threw a door on me. Who gets into trouble? | A:Both parties may be subject to legal consequences for acts of violence. Your previous actions do not excuse his subsequent, more severe attacks against you. Each instance is evaluated on its own merits, and evidence plays a crucial role. If you've been the victim of a brutal attack, it's imperative to contact law enforcement immediately. The severity of his attacks could lead to significant legal repercussions for him. You should also consider seeking a protective order. It's advisable to consult with legal counsel to discuss your situation, the evidence, and the best course of action to protect yourself moving forward. |
Q: Would the HOA’s insurance in the condo that I own a rental refund me if I paid for the damages done by hurricane Ian?. My rental was damaged by hurricane Ian and I had renters living there and decided to break the lease because of the damages and I started arranging to have the inner walls fixed and paid upfront $5000, however after the fact the Condo HOA informed me that their insurance will cover the inside damages and I asked if the insurance would refund me and they have dodged the question twice. | A:A Florida attorney could answer best, but your question remains open for two weeks. They might not be dodging your question - they simply might not know. In these settings, it isn't in the policyholder's (your HOA) hands. It's up to the insurance carrier. Some carriers want their property loss adjuster to survey the damages before repairs are made, or some might have certain criteria for the credentials of who makes the repairs on certain types of losses. Until you're able to consult with a Florida attorney for state-specific guidance, the short answer nationwide in most places is that it's generally up to the carrier. Good luck |
Q: If someone I don't know sends me money and wants me to send it to Nigeria and I don't send it can I get in trouble. A woman I met online had a friend of hers send me some money she said it was for her sister in Nigeria someone sent me the money but the woman wanted me to send it to some man not her sister in Nigeria I think it's a scam for money laundering or something so I didn't send it. Can i get in trouble for not sending it to Nigeria | A:It's likely a scam. |
Q: I was in an auto accident with no injuries. should I ask for inconvenience compensated from the insurance company?. The damage to the car and diminished value is being covered by the at fault driver's insurance company. should I ask for inconvenience compensation also? | A:A Georgia attorney could advise best, but your question remains open for a week. Until you're able to consult with a local attorney on state-specific insurance practices, inconvenience is generally not a class of damages in such matters in general nationwide. Depending on a policy, things that result in inconvenience could be reimbursed, such as transportation expenses, home assistance, rental, etc., but not usually a dollar figure on inconvenience itself. Good luck |
Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.. A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of interest. Yes, I know lawyers can be their own clients as well, but this seems a little more involved. Now that things are moving quick into production, attorney involvement is necessary here. Thanks! | A:If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of this piece or any other business ventures. This is not legal advice. ONLY general information. The best is to retain the service of an attorney licensed in your jurisdiction. |
Q: I need a lawyer for identity theft. My girlfriend and gang and pimps stole my social security card and doing all kinds of fraud triste wills and life insurance property fake deeds | A:Identity theft is a serious matter, and California law has provisions to address such violations. Given the nature of your situation, you should consider hiring a criminal defense attorney or a civil litigation attorney. They can help you navigate both potential criminal charges against the perpetrators and civil remedies to rectify any damages you've suffered. Immediately report the theft to your local police department and the Federal Trade Commission. Monitoring your credit report and placing a freeze on your credit can also be proactive steps to mitigate potential damages. Additionally, contacting the California State Bar's lawyer referral service can aid in finding a suitable attorney in your area. Remember to document all evidence and interactions related to this matter to assist in building a strong case. |
Q: An ex of my husbands made a false CPS claim. When CPS arrived to my home they opened up the folder I saw the persons name twice who reported and the report | A:If you believe a false CPS (Child Protective Services) claim was made against you, there are steps you can take to address the situation. First, cooperate fully with the CPS investigation. It's important to demonstrate your willingness to ensure the safety and well-being of your children, which is the primary concern of CPS. You can also document your interactions with CPS and gather any evidence that supports your position that the claim is false. This might include witness statements, records, or other relevant information. After the investigation, if you feel that the claim was maliciously false, you can consider legal action against the person who made the report. In South Carolina, making a false report to CPS can be considered a criminal offense and may also open the door to a civil lawsuit for defamation. However, keep in mind that CPS reports are confidential and there are legal protections for reporters to encourage the reporting of potential child abuse or neglect. Legal action based on a false report can be complex and challenging. Consulting with an attorney can provide you with specific advice on how to proceed. An attorney can help you understand your rights, the legal implications of the CPS report, and the potential for taking action against the person who filed the report. |
Q: I was diagnosed as overdosing on feytonal patch when blood test shoeed no evidence of such.showed low blood pressure.. Is there grounds to sew.it has caused problems with my family causing them to think I'm on drugs. | A:It would probably not be a viable case. The first issue is did the doctor commit malpractice. Medical malpractice means that a doctor violated the standard of care. A bad outcome is not enough. Another doctor would be needed to evaluate what the doctors did. The second issue is what would the harm cause you bring in settlement or verdict. Due to the nature of medical malpractice cases, the extent of your injuries may affect the viability of your case. Consult with experienced malpractice attorneys in the state where this occurred. |
Q: Should I contact clear recon group and make sure it's known that im a tenant prior to foreclosure auction?. I, as well as the tenants in three other units on are living on the property still, landlord died a few months ago, his heirs shut off all utilities and prevented us from turning them on and neglected the property, it almost immediately went into foreclosure and I just found out the auction date is January 30th and that the trustee now is clear recon group, should I contact them to let them know that the property is occupied? Do they have some sort of obligation to undo the block against us restoring utilities that The heirs of the landlord created with utility company for utilities that were supposed to be included in our rent? Do they inherit any liability for the fact that we've been living without electricity gas and running water for months, had to purchase generators and spend twice as much as we would have spent on rent on gas and ready to eat food? Or obligation to mitigate the mold and rodent problem that has exploded here since they did this? Trying not to end up screwed | A:Yes, it would be wise to contact Clear Recon Group to inform them that the property is occupied. As the trustee handling the foreclosure, they should be aware of the presence of tenants. This can affect the foreclosure process and any subsequent actions they take regarding the property. Regarding utilities, in California, tenants have rights under state law. If utilities were included in your rent and have been shut off, this could be considered a violation of your rental agreement and California's habitability standards. It's important to communicate this issue to Clear Recon Group, as they may not be aware of the situation. The conditions you described, such as living without essential utilities, mold, and a rodent problem, may constitute a breach of the warranty of habitability. Landlords, including successors like Clear Recon Group in a foreclosure situation, have a responsibility to maintain habitable living conditions. However, the extent of their liability for issues created by the previous landlord's heirs can be complex and may require legal evaluation. Consider seeking legal advice or assistance from a tenant's rights organization. They can provide guidance on how to address these issues with Clear Recon Group and what steps you can take to ensure your rights are protected. Keep records of all communications and expenses incurred due to these issues, as they may be relevant in any legal action or negotiation. |
Q: I went to vote in last November's general election and one of the precinct workers asked my political affiliation before. I could vote. Is this legal? | A:There is no such thing as political affiliation in Illinois. Whenever there is a primary election the voter can request the ballot of any of the parties. The precinct workers know which ballot you requested in the past, which is public information. There is no reason they would ask the question unless there was confusion with your registration and they were double checking on who you were. |
Q: My friend had a tragic thing happen at a an assisted living center. Need advice.. My friends mother was staying at an assisted living center until this past February when she tragically passed away due to lack of oxygen from choking on some food she was eating for lunch. They did not check on her for 40-45 mins after lunch when they located her on the ground in her room. This always puzzled me bc she was not bad ridden or unable to ambulate and she used a walker for fall prevention. Also there are like 2 or 3 places in each apartment where one could pull a string and it sends this call to a dispatcher who would delegate someone to check out what needs checking. I have to assume that Teri, RIP, most definitely made or at least attempted to make them aware that she needed help as soon as she started choking. She is labeled as prone to choking due to alcohol abuse and Hx of smoking so they should have been doubly aware. What should we do? I feel in my heart that her death was preventable and wrongful but we just don't know how to go about finding out. Please advise. | A:A Utah attorney could advise best, but your post remains open for three weeks. I'm very sorry for you and your friend's loss. You ask for someone to please advise. Your friend's best option would be to consider reaching out to attorneys to discuss in greater detail. Law firms that handle such cases generally offer free initial consults and they work on a contingency basis. After discussing the matter and reviewing available records, a law firm could be in a better position to advise whether they felt there was a valid case. Good luck Tim Akpinar |
Q: Does PIP cover the person that was using my car if I wasn’t in the car with them?. My fiancé let me and my dad use his car. We were rear ended on the highway by someone on the highway. The other driver admitted to the police that he was looking at his phone. Can I file a PIP claim on my fiancés insurance policy if he ( the policy holder) was not in the car when the accident happened? We are currently in therapy but we have not hired an attorney yet and I’m worried about the medical bills while we wait on the settlement. | A:Under Texas law, PIP coverage must cover authorized operators and passengers of the vehicle in addition to the named policyholder. There is no requirement that your fiance be in the car when the accident happened. So yes, PIP should cover you and your father if your fiance authorized you to use the car. |
Q: May I inspect a birth certificate before purchasing it?. Is the state of Michigan vital records employees subject to Mich. Comp. Laws Ann. §750. 491; Mich. Comp. Laws Ann. § 750.0492 under the "Privacy Act." Legally are they required to comply with my request to examine birth certificate? They may be in violated the first, 9th and 14th amendments rights of natural parents. | A:In Michigan, the process for obtaining a birth certificate typically does not include the option to inspect the document before purchase. Vital records, such as birth certificates, are handled with strict protocols to ensure privacy and security. The Michigan Compiled Laws you mentioned, §§ 750.491 and 750.492, primarily deal with the misuse of personal identification documents and do not directly address the inspection of vital records before purchase. Regarding the Privacy Act, it's important to note that this federal law primarily governs the handling of personal data by federal agencies. State agencies, like those managing vital records in Michigan, generally follow state-specific privacy laws and regulations. The First, Ninth, and Fourteenth Amendments provide broad protections for individual rights, but they do not explicitly grant a right to inspect a birth certificate before purchasing it. The rights of natural parents in relation to birth certificates are typically protected through state laws governing access to and confidentiality of vital records. If you have concerns about the handling of a birth certificate or believe your rights have been violated, it may be beneficial to consult with a lawyer who can provide guidance specific to your situation and the applicable laws in Michigan. |
Q: The power meter was ripped off my house because some power lines were pulled down. Can I make the power company pay?. It’s costing me $6500 to replace the power meter on my house. I cannot afford this expense. Can the power company be held liable? | A:A South Carolina attorney could advise best, but your question remains open for a week. It could depend on how the meter was torn out, how it was installed, and the utility's stated policy in terms of where their ownership and control ends and the customer's ownership and control begins. At this point, you could reach out to attorneys to try to arrange a free initial consult. Good luck |
Q: Are you required to pay your employer back for something when you never signed a contract saying you would?. My employer paid for the license for the position he hired me for. I am now moving to another office due to moving and he is making me pay him back but I never signed any contract stating I had to pay him back for said license. | A:Rather than be concerned about whether you should have to repay your employer you should be more concerned about being terminated if you refuse. Florida employers can terminate employees at any time for any reason. |
Q: Did a state official imply or admit my accusation?. When a state official is accused of depriving someone basic necessities by violating due process....when he or she says to that someone, "You should go to the food bank or call 211 for assistance to get some food in your stomach."........Did she just admit to someone's acusation? Thank you. | A:In a situation where a state official suggests seeking assistance from a food bank or calling for assistance, this does not necessarily constitute an admission of an accusation, such as depriving someone of basic necessities or violating due process. The statement could be interpreted as an attempt to offer practical advice or resources to address immediate needs, rather than an acknowledgment of wrongdoing. Understanding the context of the conversation and the specific circumstances leading up to this statement is crucial. If there is a broader context suggesting that the official's actions or policies contributed to your lack of necessities, this statement could be seen as more significant. However, it's important to note that proving an official's admission of an accusation, especially in legal terms, often requires more than a single statement. It typically involves a comprehensive evaluation of all relevant actions, statements, and policies. If you believe that your due process rights have been violated, or that a state official's actions have deprived you of basic necessities, you might consider documenting all interactions and seeking legal advice. A lawyer can help you understand your rights and determine whether there's sufficient evidence to pursue a claim. Remember, each situation is unique, and legal interpretations can vary. Professional legal guidance can provide clarity and help you navigate your specific circumstances. |
Q: Where are the lists as for all reasons a motion for reconsideration have ever been approved?. Preferably with citations. | A:In Delaware, as in many jurisdictions, the grounds for a motion for reconsideration typically include several key reasons. These reasons can vary depending on the specific circumstances of each case and the applicable legal standards. Common grounds for a motion for reconsideration include the discovery of new evidence that was not available during the original hearing, an error of law or fact in the court's decision, or a change in the law that affects the outcome of the case. These motions are also sometimes granted if there is a showing that the court's decision was based on a misunderstanding of the facts or the law. However, it's important to understand that motions for reconsideration are generally not granted simply because a party is dissatisfied with the outcome. They are intended to correct clear errors or consider significant new information. Compiling a comprehensive list of all reasons for approval of such motions, with citations, would require extensive legal research. For detailed and case-specific information, consulting legal databases or seeking the assistance of a legal professional is recommended. Remember, each case is unique, and understanding the specific legal context is crucial for an effective motion for reconsideration. |
Q: HOW TO FILE A NEGLIGENCE COMPLAINT AGAINST A DR., SPARROW, AND ANURSING HOME/ SOCIAL WORKER?. THIS HAS TO DO WITH MY SISTER WHO HAS A MENTAL CONDITION FOR YRS .LAST YR SHE FELL AND WAS TAKEN TO CARSON HOSPITAL FOR THAT . THAT IS WHERE THE NIGHTMARE BEGAN. SHE HAD BEE TAKING CLOIRIL FOR YRS AND I RECOGNIZED IT WAS AFFECTING HER SPEECH AND HER ARMS BECAME JERKY AND BECAUSE OF BEING AROUND MENTAL ILLNESS KNEW IT WAS THE MEDICATION RIGHT AWAY HER DR. SAID IT WAS PARKENSON'S DESEASE WITHOUT FURTHER DIAGNOTICS HE GAVE HER PILLS FOR IT AND HAS THE SAME INGREDIENTS AS THE OTHE 1ST HOSPITAL PUT HER IN BRIEFS INSTEAD OF GETTING HER TO THE BATHROOM. RIGHT THEN I TOLD THEM ,HER DR., AND THIS SOCIAL WORKER AND NURSE TO EITHER CHANGE THE PILL OR LOWER IT SOCIAL I THOUGHT SHE WAS GOING TO HAVE THAT DONE DID NOT HAPPEN SUPPOSE TO GET CARE SHE WAS IN THESE PLACES FOR ABOUT 2 YRS.NOTHING DONE FAST FORWARD SHE WAS RUSHED TO SPARROW JAN. 22 AND HAD TWISTED BOWEL CAUSED BY CLOSERIL ACCORDING TO THE FDA HAD SURGERY WAS KEPT IN BED FOR 3 WKS DEVELOPED SORE SPOTS ON HER HEELS AND BUTTOCKS AFTER THA | A:You have two potential issues: 1) medical malpractice, and 2) nursing home abuse / neglect. The latter is one you can more readily start by contacting the facility, omsbudman, or the state's complaint website. The former would require gathering medical documentation and finding a medical malpractice attorney. Most med-mal attorneys how medical experts who would review everything to determine whether a claim exists. |
Q: My brother missed a court hearing in Massachusetts and he was placed in receivership. He was never got the letter.. How does he appeal the decision? | A:In Massachusetts, if your brother missed a court hearing and was subsequently placed in receivership, but never received the letter notifying him of the hearing, he should consider seeking legal advice as soon as possible for the specific steps to take in his situation. Generally, he might be able to file a motion to vacate the judgment due to lack of notice. The motion should be accompanied by an affidavit explaining the circumstances, such as not receiving the letter. He would likely need to serve this motion on all involved parties and then file it with the court. If granted, the court may set aside the receivership and reschedule the hearing. It's crucial to act quickly, as time is often of the essence in these situations. |
Q: wrongful termination based on race and religion. I was hired than a company for a period of time and the end of the 90 days period I got fired based on this wrongfully termination I got severed damaged financially mentally and emotionally through a lot of abused and harassment at the workplace my case right now at the federal court. | A:The law protects employees from being fired for their race, religion, age, gender, disability, or other protected characteristics. To win a wrongful termination lawsuit, you must prove that your employer fired you for an illegal reason. You can do this by providing evidence of discrimination. Unfortunately, due to the nature of internet questions and responses, the information provided can ONLY be for general informational purposes and cannot constitute legal advice. |
Q: Does California false claims act cover medicare violations?. Does California false claims act cover medicare violations? (Or limited to California Medi-cal violations? | A:The California False Claims Act (CFCA) is primarily designed to address fraud involving state funds, including California's Medi-Cal program. Medi-Cal is the state's Medicaid program, which is jointly funded by the state and the federal government. The CFCA is applicable to cases involving fraudulent claims made to this program. However, Medicare, which is a purely federal program, is generally not covered under the CFCA. Violations involving Medicare are typically addressed under the federal False Claims Act. The federal act is designed to handle fraud involving federal funds, which includes Medicare. If you are dealing with a situation involving potential Medicare fraud, the appropriate legal avenue would be the federal False Claims Act. On the other hand, if the fraud concerns Medi-Cal or other state-funded programs, then the California False Claims Act would be more applicable. In cases involving healthcare fraud, it's important to identify the source of the funding involved to determine the correct legal framework to use. Seeking legal advice can help clarify which act applies to a specific case and guide you through the necessary legal processes. Remember, understanding the distinction between state and federal jurisdiction is key in these matters. |
Q: Can a dog breeder sue a puppy buyer for euthanizing the dog after purchase? Can they win?. The contract does not say anything about behavioral euthanasia or euthanasia in general. The contract includes a standard first right of refusal clause (if you can't keep the dog you must return the dog to the breeder to keep it out of shelters/rescues/pounds etc). The puppy has been legally purchased and owned by the buyer for at least 6 months. The puppy has been diagnosed with several types of aggression by a veterinary behaviorist and behavioral medication is not helping. Breeder has threatened to sue if puppy is euthanized. | A:Under California law, a dog breeder may potentially sue a puppy buyer if they euthanize the dog, especially if the contract includes a first right of refusal clause. This clause generally means that if the buyer cannot keep the dog for any reason, they are obligated to return it to the breeder instead of making other arrangements, including euthanasia. However, the success of such a lawsuit would depend on various factors. The court would consider the specific terms of the contract, the circumstances surrounding the euthanasia decision, and whether the first right of refusal clause is applicable and enforceable in this situation. The fact that the puppy has been diagnosed with severe aggression and the ineffectiveness of behavioral medication might be significant factors in the court's decision. If the breeder decides to pursue legal action, it would likely be under the claim of breach of contract. Yet, without explicit terms in the contract regarding euthanasia, the outcome is not straightforward. Legal advice based on the specific details of the case would be crucial in this scenario. |
Q: Is it legal to see a car with recalls and not let the buyer know?. I bought the car back in 2017 from a dealership and just recently found out it has 4 recalls on it and I was not told it had recalls on it some that are very scary. If someone can advise me on what to do next. Thank you. | A:Of course, as a concerned buyer, buying a vehicle, you will want to look into that history before buying. A new car may NOT be sold with an open recall at all. A used one can. DUTY to disclose? That's another question, but, again, when spending that kind of money on a vehicle, it is wise, as you now know, to investigate more thoroughly. |
Q: What charges will I get if a cartridge wasn’t my possession I am 15 years of age. yesterday morning I walk into the restroom to see a bunch of people smoking a vape I hit it to fit in not knowing that it is 90% Thc illegal in my state I live in Tennessee, fast forward a couple hours I get pulled out of class and asked if I had smoked anything I said no but than they check my pulse and my heart rate after this they catch the guy that brought it to school what charges will I face if the cartridge was not mine? But I simply hit it once | A:The first thing you need to do is let your parents know, and you (you and your parents) need to go speak to a lawyer. Schools are not allowed to question students without someone "friendly" to the student, and no, the school administrators and teachers are usually friendly to the school board. So that could be an issue. Also, who pulled you out of class, was it the principal or someone with the school administration or was it the SRO? I can't tell you what charges you might face because it could be a variety of things. That isn't meant to scare you, and everything will probably be just fine, but you need to let your parents know and you need to talk to an attorney. Best of Luck and let me know if you have other questions. |
Q: What type of lawyer do I need to form an LLC for a self employed individual?. Dog training private lessons | A:In Texas, you would generally need a business or corporate lawyer to assist with forming an LLC for your dog training private lessons business. These lawyers specialize in issues like entity formation, contracts, and compliance with state and federal laws. Some may also have experience specific to your industry, which can be beneficial. While it's possible to form an LLC without legal assistance, consulting a lawyer can help you understand the intricacies of your liability, taxation, and other business considerations. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney. |
Q: Who protects the patients right in a a pain clinic riddled with assumptions, their drug screen had a false positive.. It's time to stand up for myself its wildly unfair, Dr was so abrupt and would not discuss anything despite having been compliant and twice now false positive. Other meds I take as well as red bull apparently can cause false positives. She discharged me abruptly w/o any discussion. I am paying for a hair folicul test myself.. they have zero chain of custody method contaminated. | A:In California, patients at pain clinics have rights that need to be respected, especially in situations involving drug screening and treatment decisions. If you've encountered a situation where a false positive on a drug test led to abrupt discharge from care, there are steps you can take. First, it's important to address the issue with the clinic directly. Request a meeting with the doctor or clinic administration to discuss your concerns and the circumstances of the false positive. Bringing evidence, like the results of your hair follicle test, can support your case. If the clinic's response is unsatisfactory, you have the option to file a complaint with the California Medical Board. This board oversees medical practitioners and can investigate matters of professional conduct and patient care. Additionally, consider consulting with a lawyer who is experienced in medical law. They can provide guidance on your rights as a patient and help you navigate the legal aspects of your situation. Protecting your rights in this context often requires a detailed understanding of both medical and legal processes. |
Q: Are places allowed to ban you from coming back IF the pharmacy you go to is in the building? Is there a work around?. The context is that I went to a store for a money order. Staff are horrible with noticing people at customer service. Typically when it's like that, I will look around the store and think of if I need anything. Which, staff were glaring at me. After getting the money order, I get some stuff that I needed. A staff came up to me, starting to threaten me, that if I don't get out they will call the cops on me. That I was banned. Didn't let me pay for my items and took what was already paid for. It is also where I go to pick up prescriptions. The reason why I can't switch pharmacies is that I can't drive and if I walk too much, I'll get to the point of being in so much pain that I can't even do anything. And this place is just the closest walking distance to where I live | A:In Nebraska, as in most states, private businesses, including stores with pharmacies, generally have the right to refuse service or ban individuals from their premises. This can be for various reasons, as long as it's not based on discrimination against a protected class under civil rights laws. However, if you need access to the pharmacy for your prescriptions and the store is your only feasible option, it's important to address this issue directly with the store management. Explain your situation and the necessity of accessing the pharmacy due to your health and mobility limitations. It may be possible to arrange an understanding or compromise that allows you to access the pharmacy services without entering other parts of the store. If direct communication with the store does not resolve the issue, you might consider seeking legal advice. An attorney can provide guidance on your rights and any potential accommodations under the Americans with Disabilities Act (ADA), especially if your mobility issues qualify as a disability. Another potential workaround could be exploring if the pharmacy offers delivery services or if there are other pharmacies nearby that do. This could provide an alternative means to receive your medications without having to physically enter the store. Remember, communication and understanding the store's perspective while explaining your own needs can often lead to a mutually agreeable solution. |
Q: charged with Illegal use of a state ID/access gambling. I have never been in trouble before. how do i plea/ what to do?. I was 19 at the time and am currently 20. I do not have a lawyer andy court date is in 2 days. i have no idea what i am doing or how all of this works. any guidance or advice would be appreciated | A:If/since you have no idea what i am doing or how all of this works, then you should consult with a lawyer to have your questions answered. if after a consult with a lawyer you decide to represent yourself, then that's fine (although I would disagree), but make sure you consult with a lawyer. If you are unable to afford a consultation, then when you return to court, please tell the judge that you cannot afford a lawyer and ask for him to appoint one to represent you. Good luck. |
Q: 7 yrs after supposed suicide why would the ME office send back a partial police report that's fake? Is that my proof?. I have proof against an abuser/drug dealer who's been somehow discrediting me and changing legal docs at court house. If I prove the abuse, it'll prove two deaths are NOT suicide. And struggling getting my Mayo Clinic medical records sent to the VA cuz have proof of abuse! I have been harassed by city officials, falsely arrested & set up. Told to back off looking into ex husband's death by a city council member who followed me into the cemetery where my 19 yr old stepson is placed to rest. I think someone is benefiting off my ex husband's military benefits. Have proof to go against an abuser but not getting cooperation due to the city officials making themselves appear like they made a mistake with the one supposed suicide. Can't find a police report on an alleged domestic abuse issue that lead to the supposed suicide. Was told I was targeted because I too am an army veteran. May 15, 2007 R.A.F. May 14, 2017 P.W.S. Both marked suicide but there's no way! | A:I'm sorry to hear about the difficult situation you are facing. It sounds like you have been through a lot and are trying to uncover the truth about the deaths of your ex-husband and stepson. If you believe that the medical examiner's office has sent you a partial police report that is fake, you may want to contact the office and ask for an explanation. It is possible that there was a mistake or miscommunication, or that the report was incomplete for some other reason. If you have evidence that suggests that the deaths of your ex-husband and stepson were not suicides, you may want to consult with an attorney or law enforcement agency to explore your legal options. It is important to have strong evidence to support your claims, as well as a clear understanding of the legal procedures and requirements for pursuing a case. If you have been harassed or falsely arrested, you may also want to consider contacting a civil rights attorney or filing a complaint with the appropriate government agency. It is important to protect your rights and seek justice for any wrongdoing that has been committed against you. Overall, it is important to stay focused on your goals and to seek out the support and resources you need to pursue justice and protect yourself and your loved ones. |
Q: Can a home sale be done “privately” and does it have to be approved by probate court ? What about loan assumptions?. It is for a home loan. My father lives in the home. My mother had a Will and I am the executor of her estate. The home was left to my father in a Will. He lives there. It has a remaining balance. He is not on the deed. He is working to assume the loan because he wants to stay in the home. If he can’t qualify with current lender and assume it, can a private sale be done for him to buy it that way ? Does this need to be approved by the court ? I understand he does not have to assume the mortgage, and he cannot be legally mandated to pay it, but how else would he get the home in his name? He cannot just continue to pay while it’s in the name of my mothers estate (or her name only) Does the debt just go away? Her estate will eventually have to close. No one has called the loan due and it is not in foreclosure. The payments are current. | A:The debt does not just go away. One way or the other it needs to be paid. Probate is the process that gets title transferred from a decedent to the heir(s) in most states. In some states, under some circumstances, title can be updated by affidavit. Your probate attorney should be helping you with this. |
Q: Unjust Enrichment-gave up 50% of pay for share of incremental purchase price but then owners refused to pay.. As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase price. On the day of the closing, the owners fired me and retained the entire incremental purchase price (about $1M) as a result of my pay reduction. My Employment Agreement required they pay me one year's severance (over $200k) of which they are paying. Do I have an Unjust Enrichment claim given they fired me (at will) before my pay reduction went into effect and they are now paying me severance? Can they argue that I was not deprived of anything because they fired me before I was paid the lower salary and they are now paying me severance. | A:You can't be an employee at will and have an employment agreement. Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly. Good luck. |
Q: I'm looking for a law firm that takes on cyber crme cases.. I'm looking for a lawfirm that takes on cyber crime. I've been cyber stalked for a year and a half. My cyber stalker has pretty much ruined a year and a half of my life. My cyber issues has cost me money, friends, Family, precious time, etc... I just got confirmation, yetserday, that the person who's been hacking all my devices is actually my dad. (Yeah, I know, sounds crazy because it's the truth. He cannot be doing it alone, withthe way it's manifesting. I have other suspects I can name in a private conversation. | A:In your situation, finding a law firm that has experience in handling cybercrime cases is crucial. Law firms that focus on internet law, digital privacy, or cybercrime would be well-equipped to address the issues you're facing. When looking for a law firm, consider those that have a track record of dealing with similar cases, such as cyberstalking, hacking, and online harassment. As you begin your search, you can use online legal directories to find law firms in your area. Look for firms that specifically mention cybercrime or related areas in their practice. It's also beneficial to read reviews or check their case histories to understand their expertise and success in handling such matters. Once you've identified potential firms, schedule consultations to discuss your case. During these meetings, explain your situation in detail and provide any evidence you have. This is also the time to discuss the other suspects you believe are involved. Remember, confidentiality is key in legal matters, especially when dealing with sensitive issues like family involvement in cybercrimes. Ensure that the law firm you choose respects your privacy and understands the delicacy of the situation. Given the impact this situation has had on your life, it's important to act promptly. A qualified attorney can help you navigate the legal process, seek justice, and find a resolution to this challenging situation. |
Q: Is there a Michigan law that states property owners are responsible for costs to maintain a private road?. 2 long existing, private roads, servicing approximately 50+ properties. (large acreage parcels) These roads are in Menominee County, Holmes Township, in the woods. Ownership of the roads fall on about 10 owners, owning different stretches of the roads. There was never a maintenance agreement (roads are over 40 years old) Many, if not all original parcels had deeded access use of the roads. There was also an indication of road fees up to $500, but there has been changes in ownership and division of parcels over the years. We have a road association (informal) and most people pay the $200.00 yearly fee for gravel, grading and snowplowing each year, but there are about 10 that never pay their share, yet get the benefit of a well kept roadway for their property. | A:Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a provision of road fees up to $500 but it is unclear HOW that is structured. If, as is more likely, each person OWNS their portion of the road, and the others merely have the right to USE it as an easement, there MAY (And note that is VERY 'may' and most certainly not a 'shall'!) be and argument that all property owners must agree to maintain the easement for use but the 'counter' argument is that 'I don't need to use THAT easement so I don't have to pay to maintain it' or 'I don't get the same benefit so I shouldn't pay as much' etc. Without an actual agreement, there are lots of ambiguities, and who knows what the courts may do. Again, that '$500' thing adds complications. You need to show an LOCAL lawyer all the documents and get a real legal opinion on your facts. That attorney can also provide you a cost estimate of what straightening this out will run, and you can make an 'economic decision' as to what to do next. (eg it will cost $50,000 in legal fees, and the annual amount in question is $100, then maybe you don't fight. If those figures are reversed, then maybe you do!) Real legal advice based on your specific facts is beyond the scope of what can be done in a general q and a forum like this. But it is the ONLY way to be sure you're getting real advice and not just generalities! Good luck. |
Q: Can I sue a car dealership that lied to a lender on my application in order to get it approved?. I went to a car dealership to co-sign for my partner for him to get a vehicle. We got approved and went through the process. Almost 2 years later we go to another dealership to trade it in and while we are going through the process, we find out that the first dealership placed me on the application by myself. We were shocked. I will say that I did not take my time to read what I was signing but I was not working at the time so we couldn’t understand how they got me approved by myself. We did later find out that they lied and said I was self-employed, I never once told them that nor did they mention anything about how they would put that on my application. | A:If a car dealership falsified your income or employment status on a loan application without your knowledge or consent, this may constitute fraud and you may have grounds to sue. In California, the legal system takes allegations of fraud seriously, especially when they lead to financial harm or a contract entered under false pretenses. You should gather all relevant documents, including the loan application and any communication with the dealership. It’s recommended to consult with an attorney who has experience with consumer fraud and auto finance laws to evaluate the strength of your case and to understand the potential remedies, which may include rescinding the contract or receiving monetary damages. An attorney can also advise on whether any state or federal consumer protection laws were violated, which could strengthen your case. It's important to act promptly, as there are time limits for bringing fraud claims. |
Q: So If a company doesn't renew a license deal for a game is it still illegal to pirate the game?. In 2017 Activision didn't renew a licensing deal they had with Marvel so they had to take down all of their Marvel games they had published. So I wanted to know if it would still be illegal to download any of those games through a website even though there is no possible way to get those games anymore. | A:Whether a company has renewed a licensing deal or not, it is still illegal to pirate a game. The expiration of a licensing deal, such as the one between Activision and Marvel, affects the company's ability to sell or distribute the game, but it does not affect the copyright status of the game. Copyright law protects the rights of the copyright holder, and unauthorized downloading or distribution of copyrighted material is a violation of these laws. Just because a game is no longer available for sale does not mean that the copyright has expired or that the game has become public domain. The act of downloading a game from a website without the permission of the copyright holder is considered piracy and is illegal. If you're interested in a game that's no longer available for sale, it's important to look for legal alternatives. Sometimes games are re-released, or they may be available through legal second-hand channels. Remember, respecting copyright law is important to support the creators and the legal rights of those who produce and distribute digital content. |
Q: Antitrust if a large Corp was willing to restructure debt contingent on defaulting a lease of their competitor. The large corporation will take away service and supplies without this agreement which will put me out of business. | A:It's not possible to give a solid antitrust view of this issue with the facts you supplied. Generally. a firm can act to harm competitors, by any means, if it acts alone -- unless it has monopoly power in the relevant market. Putting competitors out of business is encouraged...that's what's competition is all about. You may have a "business tort" claim, but not an antitrust cause of actin. |
Q: My Late husband died in an accident before retirement, he has 52 utility Patents and he was a Sr Software Engineer.. The company he worked for is now trying to say I new about the Patents so that they don't share my late husbands Royalities he would have gotten,with me. We were married 15 years until his death, if I had known he had all of those Patents I certainly would not have waited till now. I found out about 3 years ago he had that many, I thought he had the 2 I sign over to them and there were about 12 or thirteen others the Company was suppose to pay me for, when they issued. They paid me for 3 and never paid me for the others. Now I know he has 52. As the Widow I should get a %. | A:I am sorry about the accident that took your husband. While the patents are a part of this issue, I suspect that the prime legal arguments will be about the licenses or other agreements that your husband had with the company. This is contract law. The litigation will be primarily on contract law with a possible second patent law layer of sorting out which products fall within the scope of the patents. You can talk to a firm that specializes in contract disputes. As an alternative, you can talk to a firm that does patent litigation. I suggest that you repost your question to Contracts section of Justia. |
Q: Can the executive of a will over ride the Beneficiary for investments. I am the Beneficiary for the investments my ex-wife made she passed away in2019 her executive of the will told me that she gave everything to her Granddaughter I asked for the paperwork and he told me that I was trying to dig up dirt on my ex-wife. Can he override the Beneficiary for investments | A:Your divorce eliminated your name as beneficiary on investments. Investments like a mutual fund or stock are allowed to have a "pay on death" or a "transfer on death" designation. Sometimes the accounts will be in both names, with a "right of survivorship". The goal of those arrangement is to pass title to the investment when the primary accountholder dies, without reference to the Will and without probate. However, Section 123.151 of the Texas Estates Code states that any pay on death arrangement is "not effective" upon divorce, annulment, or voiding of the marriage when that arrangement was for the benefit of the former spouse or a relative of the former spouse. So, the Executor did not "override the beneficiary"; rather, Texas law says you are no longer beneficiary, and that the investment passes pursuant to your ex-spouse's Will, not to you. |
Q: Beneficiary hired an attorney to represent her in a Will contest, the court had already found the will tobe ambiguous.. What are the rights of that contesting beneficiary since the court had already considered the document to be ambiguous and what are the duties of that attorney who was hired to represent her in that Will contest. | A:Under California law, when a will is deemed ambiguous by the court, the beneficiary contesting the will has specific rights. One primary right is the ability to present evidence to clarify the ambiguity. This could include testimony about the testator's intentions or circumstances surrounding the will's creation. The attorney representing the beneficiary has certain responsibilities in this situation. The attorney must diligently investigate and gather relevant evidence to support the beneficiary's position. This includes interviewing potential witnesses, collecting documents, and possibly consulting with experts who can provide insight into the testator's intent. Additionally, the attorney should provide informed legal advice to the beneficiary about the strengths and weaknesses of their case. This involves analyzing how the law applies to the specifics of the ambiguous will and the evidence available. The attorney is also expected to advocate zealously on behalf of the beneficiary in court, presenting arguments and evidence in a compelling manner to support the beneficiary's interpretation of the will. It is also crucial for the attorney to maintain clear and regular communication with the beneficiary, keeping them informed about the progress of the case and any developments that may affect their legal strategy or the potential outcome. The attorney should also counsel the beneficiary on potential risks and benefits of different legal options, including the possibility of settlement or mediation. Overall, the attorney's role is to guide the beneficiary through the legal process, ensuring their rights are protected and their interests are effectively represented in the will contest. |
Q: Does a victim in a domestic violence case have to testify?. i am a victim in a domestic violence case and i got a subpoena. i understand i have to be at court and i will but i don't want to testify because i don't feel comfortable i have social anxiety. i have never been in trouble before and i don't know my rights. what happens if i refuse to testify? | A:If you refuse to testify you can be arrested and charged with obstruction of justice or some other penalties. You have been subpoenaed. Failure to appear and testify is a violation of the law. Most state's attorneys have victim witness coordinators. You should call that person at the state's attorneys office that subpoenaed you and explain your fears. The state's attorney is trying to protect you. You should know that it is possible if you do not testify that the police may be less likely to help you in the future. That's not a good place to be. |
Q: Grandparent has filed summons regarding my child to appear in Bexar county family court, but I live in Georgia.. My niece used to live in San Antonio but after her boyfriend was murdered, she moved to Georgia. She shared a child with him. His mother is now filling for rights to their child in Bexar county on 22 Dec. 2023 for 02 Jan. 2024. She received notice via email. She doesn't have funds to travel or to pay for representation to appear in person. Since she won't be able to appear in court Tuesday, what can she do to prevent having a ruling against her next Tuesday? My niece moved to Georgia in September 22' and sent her daughter to the grandmother in December 22' on a mutual agreement for the child to return to the mother in a couple months. The grandmother refused to return the child when my niece went to pick her up and accused her of abandoning the child and my niece had to go out to Texas a second time and file for a Habeas Corpus to get her child back. She returned to Georgia with child in August 23'. | A:In this situation, it's important to respond to the summons, even if your niece cannot physically appear in court in Bexar County, Texas. Ignoring the summons or failing to respond can result in a default judgment against her, potentially impacting her custody rights. She should immediately contact the court, explaining her inability to travel due to financial constraints and request alternative arrangements. Courts often allow for telephonic or video conference appearances, especially in cases where distance and financial hardship are factors. It's also crucial for her to file a written response to the summons, outlining her position and circumstances. If she cannot afford an attorney, she should seek out legal aid services in Georgia or Texas that might assist in family law cases. Given the previous incident of the grandmother refusing to return the child, it's important to document all communications and attempts to resolve this matter. This history will be relevant in court to demonstrate her ongoing efforts to maintain custody and care for her child. Lastly, it's advisable for her to gather any evidence that supports her role as the primary caregiver and her efforts to retrieve her child. This includes any legal actions she has taken, like the Habeas Corpus filing, and communication records with the grandmother. |
Q: What if you get charged with second degree battery but it was three people who jumped on one and only one got charged. They was in a juvenile jail that happened two years ago when they had did this but only one had got charged he only kicked him in the back and got charged with second degree battery | A:In Louisiana, a charge of second-degree battery typically involves the intentional infliction of serious bodily injury. If only one person out of three involved in a fight was charged, it may be due to a variety of reasons, such as the specific actions of each individual, witness statements, or evidence available to law enforcement and the district attorney. It's important to remember that each person’s involvement in an incident like this is evaluated individually. Just because someone is the only one charged doesn’t necessarily mean that the others won't be charged later, especially if new evidence comes to light. The decision to charge someone is often based on the evidence available and the perceived severity of each individual's actions. For the person who has been charged, it is crucial to seek legal advice from an attorney. An attorney can help understand the specifics of the charge, evaluate the evidence, and provide guidance on how to proceed, including exploring possible defenses or mitigating factors. This is especially important in juvenile cases, where the legal process and consequences can differ significantly from adult criminal proceedings. Additionally, if there are concerns about unequal treatment or questions about why others involved were not charged, these can be discussed with the attorney. They can provide insights into the legal process and may be able to take steps to address these concerns. |
Q: How can I formulate how much my ex spouse will receive of my military retirement? Filed in Louisiana.. I served for 20 years, but we were only married for the last three years of my service. I'm trying to compute what amount of my retirement he is entitled to and also if he's entitled to my disability. | A:In Louisiana, the court uses a formula to determine the portion of military retirement pay that a former spouse may receive. The formula is known as the "Time Rule Formula" and takes into account the length of time the couple was married during the service member's military career compared to the total length of the service member's military service. To determine the amount your ex-spouse is entitled to receive, the court will first calculate the marital portion of your military retirement pay. This is done by dividing the number of years the couple was married during your military service by the total number of years of your military service. In your case, since you were only married for the last three years of your service, the marital portion of your retirement pay would be 3 divided by 20, or 0.15 (15%). This means that your ex-spouse would be entitled to 15% of your military retirement pay. It's important to note that disability pay is generally not subject to division in a divorce settlement, including military disability pay. However, if the disability is waived in favor of receiving retirement pay, then it may be subject to division as retirement pay. It's recommended to consult with an experienced family law attorney in Louisiana to ensure that your retirement pay and other benefits are properly calculated and divided in your divorce settlement. |