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Kamakaze9 posted:No, that's a fine answer. I realize he was in the right to be able to refuse us for not agreeing to it, I just wasn't sure on what he could legally ask us to give him. For instance I realize how important social security numbers are and I am fairly certain that is protected but I don't know where the line is. However this got me to thinking. First, common law and statutory law vary widely from state to state. "Common law is essentially citing another ruling" is not exactly a correct statement. Common law generally refers to law that is not developed through statute or administrative agency or some other official government body. It's basically stuff the legislature leaves to the courts to deal with. Common law has been developing since your state became a state, so it sort of is "citing another ruling," but it's more established than that. Common law is usually really slow to change and unless you live in AK or HI, is probably pretty set in stone at this point for all of the major issues. Your statement about "citing another ruling" more aptly describes precedence, or the notion that courts now should follow courts from the past, and can refer to common law, statutory law, administrative law, admiralty law, space law, anything. Whether or not a court is bound depends on several things, but lower courts (trial) are 100% bound by higher courts (supreme or appeals). The higher courts generally follow their predecessor's rulings, but are free to change the law if circumstances require it (for instance if a new technology is developed or if society just changes). That being said, the higher courts usually leave the trial courts with a lot of wiggle room. Second, to respond to your statement "I wasn't sure what he could require us to give him," the general rule is that he can make you waive any inherent risks. For instance, a skydiving company can make you waive the risk of the plane crashing, but they can't make you waive the risk of an employee shooting you in the head. Getting shot in the head is not an inherent risk of skydiving. Again, like everything else in the thread, this depends on where you live and you should consult a real life lawyer where you live. I haven't a clue what the general rule is on what information they can make you give up. I would also not give up my email address and phone number because gently caress that. Tender Bender posted:Can anyone give me advice on dealing with/appealing running a red light? I made an illegal right on red and was nailed by a cop waiting right around the corner (in Virginia). Pretty unambiguously busted. I've done some research and apparently rather than mailing in the fine it's worth my while to go to my court date and try to appeal it. Like everything else in this thread, this depends on where you live and you should consult a real life lawyer where you live. Generally the practice is that if the officer doesn't show up the ticket goes away without you having to testify or anything, but ymmv. Sometimes you can also ask the Court/prosecutor to find you guilty of something else based on the same facts so your insurance doesn't take quite the same knocking. For instance, maybe you could ask the prosecutor if you can plead to "not using a turn signal" or "illegal lane change" or something. Being polite and researching some of the city ordinances before hand would be helpful. BigHead fucked around with this message at 21:30 on Jan 3, 2011 |
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Jan 3, 2011 21:20
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TheNextDanSmith posted:Eternally grateful to anyone who has advice on this. Thank you in advance! A friend of mine represented a guy who, as a waiter, accidentally served beer to a minor. After he took the plea for the lowest level misdemeanor (barely more than a speeding ticket), he was immediately deported without a second thought. Your friend absolutely, fundamentally, and clearly needs a lawyer, as nm already articulated. Immigration law is a huge and terrifying beast that some dude dumb enough to piss on a sidewalk twice is not equipped to handle. BigHead fucked around with this message at 09:56 on Jan 12, 2011 |
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Jan 12, 2011 09:52
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Go to court, be polite, wear some decent clothes, and do these three things in order: First, say basically what you typed. You had your permit so it's not like your DL was suspended for DUI or anything, and you were driving your rear end in a top hat drunk brother home. It was stupid but not as stupid as letting your brother drive. It was an emergency, please show mercy, I had to pay for the towing guy, etc etc. Second, ask the judge to find you guilty of a related but lesser traffic offense. Instead of "Driving without a license," how about something along the lines of "improper use of a learner's permit" or even "failure to signal lane change?" Third, you could try to convince him to continue the case until you're old enough to get a license. Once you get your license, courts are usually loathe to convict you of not having a license. Additionally, tickets come with various fees. Those fines you researched are the base fines. There's usually a "court fee" and sometimes a "public defender fee." The extra fees are the result of you not paying taxes for these things, so think of it as a wash.
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Jan 13, 2011 20:38
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Jan 24, 2011 07:12
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Maximusi posted:I have a legal question involving a car accident. I live in the bay area in California and this occurred on the Dumbarton bridge. I was in the middle lane. There was a red ford dodge parked on the fast lane because they had no gas, car behind him realizes he's about to smash into parked car, swerves into my lane, I'm forced to swerve into the wall (the bridge had no shoulders on either side). I lose control of the car but no one hits me. My question is: could I potentially get the parked car to pay for damages on my car, or at least pay for the towing? I feel like they were pretty reckless and stupid to get on a bridge with no gas and on top of that, park it on the fast lane. Talk to a lawyer about bringing a standard negligence claim. A driver has a duty to not put other drivers in danger, and this knucklehead (potentially) breached that duty, thus proximately causing you injury.
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Jan 27, 2011 22:39
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If it's civil legal advice you really want, you need legal advice beyond what this thread can offer because putting the effort into identifying the caller is way beyond what any normal attorney would do without extraordinary fees. As for practical advice, remind your bone-head 20 year old poker ka-billionaire friends not to transfer a red loving cent to any account ever unless the recipient is a) well known and b) at least on the phone if not in the physical vicinity of the giver. I assume, of course, that this "sensitive information" relates to your poker adventures. If some dude from Nigeria (or wherever) jacks your phone number then convinces your friend to give up a few grand (via "garbled voices" or however you described it), then you just deal with it and move on. As to how you would deal with it, I leave that up to those more technologically savvy than myself. If my random guess at your problem is inaccurate, then my mistake. Still, in terms of criminal advice, go to the Las Vegas police because this is some variation of simple criminal theft/fraud and they can at least point you in the right direction. BigHead fucked around with this message at 10:22 on Mar 5, 2011 |
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Mar 5, 2011 10:03
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Baruch Obamawitz posted:Have you called your landlord? Usually the person who sells the debt to the collections agency has authority to call the collections agency and cancel it. That's what happened when I accidentally received a double bill from a hospital and the unpaid one went to collections. If that fails, threaten to sue their rear end for credit fraud. It's a biiiigggg civil fine if they erroneously do anything to gently caress up your credit score. Of course that's more practical advice than legal advice 'cause I don't know anything about anything.
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Mar 7, 2011 01:52
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Baruch Obamawitz posted:Funny story: apparently the gym is owned by the collection company. That's freakin' genius. Imagine how many loop holes and extra fees a collection agency can think up to attach to that kind of contract.
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Mar 7, 2011 19:06
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Chouzan posted:I have a rather simple question... How do motions and briefs work? Are they usually filed together? Do you have to include a brief in support when you file a motion? I'm in Idaho, if it matters. I don't know how Idaho works, but where I work you need to file them separately at the same time. The motion usually states in a paragraph or two what you want the court to do. "I now move the court to do make the landlord gimme my money." The memo is usually several pages long, and contains the factual and legal basis for why the court should do something. "According to Idaho Statute 43.42.022(b), the landlord needs to gimme my money if this happens. This happened, and here's the proof I have of it. Therefore, he owes me money." BigHead fucked around with this message at 22:49 on Mar 11, 2011 |
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Mar 11, 2011 19:02
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Choadmaster posted:In most jurisdictions, the preference of a 16 year old holds great weight with the judge in custody matters, especially if said 16 year old shows up to court in nice clothes and pretends to be mature. In terms of "letting his wishes be known," he needs to get onto whatever the internet resource is for his local court (my jursidiction uses "CourtView," available at the state court website) and follow his parents' case there. But I don't know why neihter of his parents would tell him when their hearings are. Technically, the judge should only modify custody at a custody hearing, but he can show up whenever. If he can't figure that out, he needs to go to the courthouse's customer service desk and ask for the file. Once he has the court dates he can just show up. Sending a letter to the judge will get him a canned response saying "show up at a hearing." Edit: there is another option. There are a few jurisdictions (very very few) who have what's called a "Family Law Self-Help Center" or something. Have him call that. BigHead fucked around with this message at 06:23 on Mar 13, 2011 |
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Mar 13, 2011 06:06
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PancakeMan posted:Hey, I hope I came to the right thread. I didn't really want to crap up Ask/Tell with my own. I have a court date for tomorrow for a criminal traffic infraction (driving with suspended liscence first degree). I have no idea what I'm in for, and frankly as it approaches I'm getting more scared. First, as joat said, you're not going to jail on a DWLS unless it's, like, your eighth one in two months. There's an outside shot you'll get some nominal community service, but most likely a few hundred in fines. You should note, however, that all courts are unique and all situations are unique and since we're not your lawyer we cannot say for sure whether or not you're going to jail. Second, since you mentioned that you already got your license reinstated, there is a small chance that you will just be let off the hook entirely. I have no idea what your jurisdiction is like, but here if it's a routine "oops" suspension followed by immediate reinstatement we routinely let people off with little more than a fatherly lecture to not be so retarded in the future. If you're really in a bind, try calling or showing up to your court's customer service and see if they can point you to any online resources for guys like you. They usually have a brochure or "roadmap to justice" or some poo poo at the very least. Or apply for a public defender. You're always entitled to apply to a public defender. BigHead fucked around with this message at 20:10 on Mar 22, 2011 |
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Mar 22, 2011 17:32
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joat mon posted:Is that 3 years probation and a dismissal if you complete successfully? All of these questions are fantastic examples of why every lawyer who posts in this thread always mentions that people should talk to lawyers in their area.
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Mar 22, 2011 23:55
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paid2lurk posted:Good evening Megathread legal people. I have an issue that came up today and need some legal advice. Since you are "hanging door hangers for your buddy," I assume you are eligible for a public defender. Get a public defender. I don't know specifically how Texas works, but anywhere normal (note: Texas isn't normal) you get a PD if you get picked up on a warrant. Edit: do what nm said \/\/. But get a public defender first. Seriously, warrants are not like speeding tickets. They are a Big Deal sometimes. BigHead fucked around with this message at 05:54 on Mar 27, 2011 |
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Mar 27, 2011 04:42
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BOOTY PIRATE posted:I was convicted of a felony PWID and sentenced to 2-23 months. I finished my two months as weekends (30 two day weekends) in the end of January. I've been home for over 2 months now and the probation/parole office never contacted me. In the begning of march I started calling them every week to see if everything was cool, the clerk just told me they hadn't received any paperwork for me from... I forget, some other office I think? and to try calling back later. One week she double checked my mailing and phone, but said I wasn't assigned to an officer yet. Ask your attorney. If you have any more contact with the parole office, I suggest doing it in writing, specifically asking for exact clarification of any parole responsibilities you have. That way, if they ignore you and you get picked up later on parole violations, you have at least a pretty drat good mitigator if not a full defense. Dolphin posted:Sexual Harassment Document stuff and/or record stuff and/or get written statements from witnesses. Talk to the HR department and/or union if she has them, otherwise find an attorney who will take the case on contingency. Trust me, you don't often win employment discrimination lawsuits unless you have an attorney.
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Apr 2, 2011 00:27
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Goddammit nm you're the PD, you should be taking on these marathon posts of idiocy.The Dentist posted:
Listen you goddamn moron: get a lawyer. Do not claim ownership of this car. Do not loving talk to the police, especially if this car has been involved in a drive-by or drug transporting. Kindly refer them to the DMV to find the current owner and don't say a goddamn word otherwise. It's not your car. Ask for the paperwork from the DMV on the car, just to verify your sale/transfer/whatever. If what you alluded to is true - that the car has been involved in serious crimes - then you would be the dumbest person on the planet to claim legal, physical, or any type of ownership over this car. I'm not saying ignore the problem. I'm saying get a lawyer. If there is anything that ties you to a drive-by shooting, then you are in way over your head. You have demonstrated your complete lack of intelligence by suggesting that you should claim legal ownership of this car. Do not do this. Get a lawyer. Edit: Dear SWAT: Take an hour off work and go to the DMV and ask them? Bonus points if you an go to the DMV on your friend's base, or any base, because they will surely be well versed in that type of situation. Don't you work for the federal government? You can take, like, a month off of work without anyone even noticing. BigHead fucked around with this message at 09:53 on Apr 3, 2011 |
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Apr 3, 2011 09:43
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The Dentist posted:Your point is well taken. I DON'T want anything to do with this car if I can help it. My challenge has been determining the extent to which I can deny responsibility for this car, and everyone (except you) has told me that I can't legally do that. If you can convince me that I can, I'm all ears. You're right I was rude. Sorry. I want to reiterate that I have no idea what you did or what your circumstances are and neither I nor anyone else can give you advice on this problem because of the large amount of particular facts we would need to know. But you are in way over your head. This is a problem that a) will not go away if you ignore it, b) will get worse if you speak to the police, and c) will get way worse if you claim legal ownership of this car. You need to borrow a few bucks from your family and bring what paperwork you do have to a lawyer, if for no other reason than to just speak to one for an hour. Right now they are looking for someone to hang this on. You really really do not want to be associated with a car that was involved with a crime. To a lesser extent, you do not want to be associated with a car that has $10,000 worth of fees associated with it. BigHead fucked around with this message at 23:39 on Apr 3, 2011 |
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Apr 3, 2011 23:32
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Diplomaticus posted:And following up on her point, those facts they would need to know are not the ones you want to be publicly posting on the interwebs. Where on earth did you get the notion I was a she?
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Apr 3, 2011 23:38
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wacky posted:I'm reading it like this: anything you create regardless of relevance to your job, regardless of competitiveness to your job and regardless of employer resources used (or lack thereof) at any time regardless of whether it is personal time is owned by the company should it become profitable. So basically I'm working on websites and stuff for them and if I create a game (which I am working on now) and it becomes popular and I make money, welp sorry its their game now. As far as I can tell this would even work if I was writing music or something even less relevant to my position. Add language excluding your game. These types of employment contracts are generic one-sided boiler plate things that make you sign away everything. It may be intimidating, but you are free to negotiate the terms of any contract under the sun. If they won't budge then you are free to not sign it. Also ask your local court's law librarian about any relevant statutes. Assignment clauses like this one are usually state issues. For instance, in Minnesota, Minn. Stat. 181.78(1) prohibits this sort of assignment if you work on non-work related stuff on your own time with your own equipment. BigHead fucked around with this message at 23:36 on Apr 4, 2011 |
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Apr 4, 2011 23:30
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wacky posted:Here we go; my version. It may be redundant in like every sentence but better safe than sorry. Let us know how it goes. I'm always curious about contract negotiations with huge corporations who don't give a gently caress about their peons.
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Apr 6, 2011 17:52
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Don't rely on anything oral. Especially don't rely on anything oral that relies on the term "common sense." If they don't want to change the contract, ask for something in writing specifically excluding your game notwithstanding the language of the contract. Also, build a treehouse and dare them to try to evict you from the treehouse.
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Apr 6, 2011 18:57
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Cheesetits posted:Yes, it is defiantly a US territory, and not Irag (or Guam for the record). From what he has said, when he signed his plea deal his lawyer there told him not to worry about it, and it wouldn't matter back in the states. The probation people over there also told him his probation is limited to the island, and would only be in effect if he returned sometime in the next three years. But then again it is a pretty hosed up place, which is why he was looking for some kind of confirmation. Jesus Christ if he currently owns a gun he needs to talk to a lawyer tomorrow. Especially in Texas. I'm pretty sure they behead you if you are a felon with a gun in Texas, especially if the felony is drug-based.
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Apr 19, 2011 06:53
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drat Bananas posted:What's the best way to ensure you get your security deposit back at the end of a lease (in Texas) at an apartment that the internet says never refunds it back? Pictures, obviously, but before signing the lease? After signing but before receiving keys? Pictures signed by management? They get copies and I get copies? Special clause in the lease about the pictures? I just want to avoid all loopholes they might try. Upon move out: Vacuum and wash everything.. Scrub toilets, showers, windowsills, banisters, sinks, inside fridge/microwave/washer, everything. Also, replace your drip pans. A lot of people forget the drip pans. Consider shampooing the carpet and repainting. Take pictures of everything when you move out (with a copy of that day's paper in the shot). With copies of the move in pictures and the move out pictures, you have decent ammo for small claims court when they inevitably find some reason to try to keep the deposit. Alternatively, you can get creative and shop around a class action!
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Apr 19, 2011 22:28
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dsh posted:Can you explain the origin of laws like this? These just don't make much sense to me as a person who depends on government services. Off the top of my head and in the most vague, general terms possible: Under the doctrine of respondeat superior, you can usually sue a company when the agent of that company injures you in the line of duty. The classic example is suing UPS if a UPS driver runs you over. Misrepresentation (a.k.a. fraud) is usually no different. If, say, a real estate agent lies to you about the value of a house you can usually sue the pants off of Prudential Real Estate. However, the government cannot legally lie, and if an agent lies then they are not within the scope of their duties for the government. Additionally, given the six gajillion individual interactions with citizens the government has every day, some probably involve false statements, most accidental (negligent) but I'm sure some are intentional. It would be extremely cost prohibitive if everybody was suing the government every time the DMV said "your car title will be mailed on Monday" when it's actually mailed on Tuesday. Also note that that statute only prohibits money damages in the context of fraud. If the California Department of Agriculture screws up your farm equipment certification paperwork, you can file suit to get the situation straightened out. But you can't sue for a billion dollars of damages because they lied to you. You may have a suit for other damages, but not for the lies themselves. At least, at a cursory glance and answering out of my rear end, that's what it appears to me. BigHead fucked around with this message at 17:29 on Apr 20, 2011 |
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Apr 20, 2011 07:21
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Hillridge posted:Actually I do have one question that someone could probably answer easily: Under traditional business law, in some circumstances individuals are insulated from liability / debts of the corporation. This insulation can be contracted away. The contract can say whatever the parties want, including a provision that makes the individuals (you) liable for the corporate debt (the lease). In order to determine the legal effects of this particular contract and in order to better negotiate with the other party, I recommend (as I always do) that you talk to a lawyer.
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Apr 21, 2011 18:37
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Brennanite posted:AZ Tenancy and Trustee's Sale questions: The Protecting Tenants in Foreclosure Act section 702 seems to infer that you may stay until the end of the lease. There are lots of caveats in that law though, so be sure to call those numbers entris posted. This is a good starting point though: http://thomas.loc.gov/home/gpoxmlc111/s896_enr.xml#toc-id058AF64E0CAE4A32A18D6FB5FD5717C3
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Apr 28, 2011 01:28
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fisheyel83l posted:the PD stated that they don't look that info up over the phone, preferring that you come in instead. That's because they will just arrest you and ship you off the California. Also, the next time you talk to any police officer they will arrest you and might ship you off to California if you have an extradition warrant. I'm kind of surprised that the California criminal courts cannot give you information on where your warrant is. Did you call, like, the customer service people? You really need to fix this problem. It won't go away on its own. If there is a mistake, you will sit in jail while they fix it. It most likely will be Arizona jail but you could be shipped to California. Try calling random district attorney's offices. Also, we have one Californian criminal lawyer on the forums, he probably has more information than I do. Find a lawyer in California and pay him a few hundred bucks to fix this problem. It might be something like a guy with your name and a similar birthdate (hence they can't find your records), but who knows it could be a real warrant that has been floating around since you lived there.
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May 3, 2011 22:28
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Edit: not funny.
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May 6, 2011 08:03
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Thurlow posted:As a grad student with no prior legal problems, how likely am I to get a public intoxication charge dismissed? Should I definitely get an attorney or is it possible to get this done by myself at my hearing? Also, does anyone have an idea how much hiring an attorney in a case like this would cost me? I'm not really in a position to deny the charges, I was caught throwing up while walking home, just hoping to avoid a conviction here. This is my first offense of any time, and public intox was the only charge. Most jurisdictions have a program that allows you to behave for a certain period of time in order to avoid a conviction. In my jurisdiction it's called a "suspended imposition of sentence" and basically requires you to not be charged with a similar offense for one year. You go to court and plead guilty, but the judge continues the case for 1 year without accepting your guilty plea. At the end of 1 year, you go back to court. If the judge sees you haven't been charged with anything, he officially rejects your guilty plea and dismisses the charge against you. In exchange for this, you usually need to go to the alcohol class and maybe do a few hours community service. I recommend you spend a few bucks and talk to an attorney for an hour to discuss how to get one of these pleas. I have no idea how much attorneys charge for these types of things. Chances are you can find an attorney near your University that deals a lot with students' problems like this. As a grad student, you also probably qualify for a public defender. Call your local PD's office and see what their qualifications are. If you don't get an attorney, use the power of google to find out what your jurisdiction's program is called. For a charge luck public intox, chances are you can show up to your arraignment and ask the prosecutor "hey can I get an SIS" and he'll say "sure" because this is such a minor offense and he just wants to get the file off his desk.
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May 17, 2011 20:05
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NancyPants posted:I understand the burden is lower for civil suits versus criminal charges, but wouldn't the retailers have to demonstrate some sort of loss in order to collect damages? I can understand if you see someone stick something in their purse or their pocket, but if someone forgets something on the bottom of their cart or something similar, shouldn't the retailer have to show some sort of intent if the person brings it right back when it's brought to their attention? Think of that piece of paper you (the shoplifter) signed as a contract, not a fine. You agree to pay Target $200, and in exchange they won't file criminal charges. They just call the $200 a fine. The piece of paper can say anything. It's your signature if you don't like it you don't have to sign it.
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May 18, 2011 17:46
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ChubbyEmoBabe posted:That's one thing I am unclear about. Isn't it extortion if the business states "sign this agreement to pay us or we'll call the cops"? I know that's not what a civil recovery is or is supposed to be but that's what seems like happens in cases like that. I didn't know this concept was controversial. It's not extortion, you have a choice. Filing criminal charges is a huge pain in the rear end for you and a huge waste of time for them. You're just signing a mutually beneficial piece of paper making a promise in exchange for another promise. That's, like, the basis for 95% of our civil legal system. BigHead fucked around with this message at 18:16 on May 18, 2011 |
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May 18, 2011 18:07
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Here is a blog posting that describes some of the headaches and different legal theories applicable to copyright (well, in this case, trademark) litigation: http://www.lawlawlandblog.com/2011/05/apples_appetite_for_trademark.html There is no bright line rule. BigHead fucked around with this message at 19:45 on May 26, 2011 |
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May 26, 2011 19:18
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Very Nice Eraser posted:However should the illness turn out to be worse than it currently seems or for whatever reason I find myself without insurance, I want to be in the best position to seek compensation. "Would I have a valid claim" is too nuanced a question to answer here. Also, you don't pick your target, your lawyer does. Bring all your documents, pictures, etc to the lawyer, let him sort it out. That's what he gets paid his third of your judgment for.
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Jun 10, 2011 01:25
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Very Nice Eraser posted:Yeah, I wondered if I should take that part back. But the rest of my question still stands. What should I be collecting? I have a couple camera phone pictures of the trap. What else would be good to have? Well, I didn't phrase it correctly, but my point was that this isn't your straight forward car accident personal injury lawsuit. This lawsuit takes nuance. Anyone can take a guess and say "negligent exposure to rat poison" is actionable, and poo poo if he accidentally put it in your delicious Jello one morning during breakfast it would be an easy answer. But this is nuanced, with nuanced medical damages. You need to talk to a lawyer about what you need to do. On another level, this may be the type of claim that is too nuanced for a lawyer to deal with profitably without extra compensation. In which case, going to a lawyer will give you that information. Long story short, find a solid Personal Injury lawyer and spend 15 mins going over the basics. BigHead fucked around with this message at 07:47 on Jun 10, 2011 |
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Jun 10, 2011 07:44
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What Fun posted:Still here at the moment, I've got an hour before I have to leave. Is this really a good idea for someone with no legal experience? It seems like I could get myself in over my head pretty quickly. PTCs are technically used to schedule the trial. The judge may ask if you've gotten the discovery you've requested (i.e. all police reports and videos of the stop). It should take roughly 1 minute unless you decide to plead guilty.
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Jun 16, 2011 17:36
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baquerd posted:How do you determine whether a lawyer is beyond competent? That is to say, how can a person go about finding the "best" lawyer for their individual situation whether it be in corporate, criminal, family, etc. law? How much of a difference can your specific lawyer's training and experience make and how can a lay person evaluate a lawyer in these areas? For which area? If you are talking about a general sense of the best, then any big national firm would be good, with Sullivan & Cromwell leading the pack. If you want, like, the best individual criminal defense lawyer for your area - hopefully not because you have been charged with murder - then uh I dunno. Call your local law school and ask for references from that discipline's professor? Generally, solo practitioners are just fine for divorces and small crimes and easy stuff like that, but the bigger the case, and the bigger the bill, the bigger the firm you should use.
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Jun 18, 2011 02:56
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kriminal posted:Hi, I am having some problems with my insurance Look at the paperwork they gave you at the beginning of your visit. If you don't have a copy of that paperwork, go back and get a copy of it. Read it, and call them back and cite to specific words in the paperwork that tell you how much you are going to pay for the service. Also, what are you doing getting any voluntary medical treatment in America? You should not do this if you are international. Unless you are from a (different) real shithole that doesn't have universal medical care. This is probably not an issue with your insurance company - if you want to appeal their denial there is a whole process and you need to read your contract and you probably missed their deadline for appealing anything. This is an issue with the doctor's office. BigHead fucked around with this message at 18:00 on Jun 21, 2011 |
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Jun 21, 2011 17:58
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trampletheweak posted:So I got married in Collin County, Texas during May of 2008 while on leave from Afghanistan, I was medically retired due to injuries sustained in combat in February 2010 and our son was born in May 2010. We stayed in Denton County, Texas until November 2010 when we split and she moved with my son to California. I stayed in Collin County until this Monday when I came down to Travis County. We have no assets to speak of (house, car, debt etc.) and as of right now can amicably agree on custody, child support and visitation. I have heard that if she files in California I would lose half of everything I make in the future, along with anything a future spouse makes. Is there anything I can do to still file in Collin County, I'm not a resident here yet so does that mean I'm still a resident in Collin? This is worrisome to say the least. Go down to the court and file right now if you want to keep your divorce in Travis County. I don't know how Texas works, but in my state the only qualification you need for filing a divorce is being physically present right now with an intent to remain. There is no prior time limit necessary for jurisdiction over the divorce. So you would be able to file in Travis County if you applied my state's law. Child custody is different. Again, I have no idea how Texas/California works, but in my state the child needs to have primarily resided in the state for 6 months (less for newborns obviously). Therefore, if you applied my state's law, it sounds like Texas may have jurisdiction over your child.
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Jun 22, 2011 20:44
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trampletheweak posted:Here I have to be a resident in Travis County for 90 days in order to file. After calling lawyers all day that's the only thing I've found out. That sucks. You may need to file in Collins then, if you want to keep the divorce in Texas.
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Jun 22, 2011 21:18
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Bellabel posted:I'm working an uncontracted job abroad in the Republic of Cyprus. (yes I know this is a long shot) Two days ago, I wrote the consulate in Cyprus an e-mail, and received a reply stating that because this is a personal matter, I should consult a lawyer because the consulate cannot get involved. Here is the e-mail I sent. Would a lawyer be able to help in the worst-case scenario? You're a 21 year old who made a mistake. Bright side: you're living in Cyprus, which any 21 year old would love to do. Even if you don't see a nickle, you're still getting out ahead. Unless you owe debts to the Cyprus mob and you need money (in which case get your rich American parents to help you). Take your month of slave labor as a lesson to write poo poo down, especially employment contracts. Turning to your legal argument, I haven't a clue how Cyprus works. But in America, doing substantial amounts of work is usually prima facie evidence of the existence of a contract, even an oral one. You wouldn't have done the work without a contract right? The details of the contract are usually unprovable without some evidence, but if you were in America you would get paid something for the work you've done.
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Jun 27, 2011 18:37
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Dudebro posted:What does substantive law refer to and what's the opposite of it? Or what does it mean when the word substantive is paired with a variety of nouns. Procedural is the opposite. Substantive means the, uh, substance of the laws, and procedural is the method by which those laws are carried out. http://www.diffen.com/difference/Procedural_Law_vs_Substantive_Law Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by procedural law, while during the proceedings. These rules ensure fair practice and consistency in the "due process". Substantive law is a statutory law that deals with the legal relationship between people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. The differences between the two need to be studied in greater detail, for better understanding.
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Jul 10, 2011 02:28
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