Law Questions and Answers
Is it true that it's legal drink when you're 18 but cannot buy alcohol until age of 21?
my friend merely turned 18 and she said that she can legally drink alcohol ( within the state of CA) but she can't buy it until she's 21.Answers: That would make sense for California, but within NJ it is 21 for both.
No, she is wrong.
California's law (Business and Professions Code):
25658. (a) Except as otherwise provided surrounded by subdivision (c), every person who sell, furnishes, gives, or cause to be sold, furnished, or given away, any alcoholic beverage to any person beneath the age of 21 years is guilty of a misdemeanor.
(b) Any person lower than the age of 21 years who purchases any alcoholic beverage, or any person below the age of 21 years who consumes any alcoholic beverage in any on-sale premises, is guilty of a misdemeanor.
(c) Any being who violates subdivision (a) by purchasing any
alcoholic beverage for, or furnishing, giving, or giving away any alcoholic beverage to, a personality under the age of 21 years, and the personage under the age of 21 years thereafter consumes the alcohol and thereby proximately cause great bodily injury or death to himself, herself, or any other personality, is guilty of a misdemeanor.
Notice that is say "every person", not everyone but parents.
FOR JOHN S--You are right about the "on-sale premises" distinction, but the questioner did not phrase the put somebody through the mill with any limitations.
Under branch (a), not even your parents are allowed to give you a drink surrounded by your own home, or they are guilty of a misdemeanor. No person can provide someone below 21 with alcohol at any place underneath that section short being liable. So while it will be the provider and not the drinker who will be cited, it is stretching it to voice that she can "legally drink" alcohol at 18.
And, as you agree, here is no way she can travel to a bar or restaurant where on earth liquor is served and consume it on the premises even though someone else is picking up the tab.
No not in CA. Some states allow 18 year olds to drink when accompany by a parent or guardian. But I know for a fact someone at the age of 18 surrounded by CA can't even stand at a bar while not even drinking, even if their parents are near them.
She can serve alcohol at the age of 18...that's it. Not bartending but as a waitress.
The reason why that doesn;t formulate sense (or at least one of the bigger reasons) is that it's undemocratic to buy liquor for someone who is not of age to buy it themselves. So how would an 18-year-old get liquor if they can't buy it until 21?
Fortunately for her, underage drinking is usually a misdemeanor and a clever attorney can clear it off her history once she turns 21.
Strangely, raichasays, who usually gives excellent answers, have quoted the correct statute, but come to the wrong conclusion. As you can tell from reading the statute, it does NOT prohibit those underneath 21 from possessing alcohol, and it only prohibits those beneath 21 from purchasing alcohol and from drinking in on Dutch auction premises. Another statute, B&P 25662, makes it against the law for a person below 21 to possess alcohol on a street or highway, in a public place or place get underway to the public.
Beyond these statutes, there is no statute of which I am aware in California which make it illegal for ANY character under 21 to possess or drink alcohol. Of course, it is going to be difficult for the soul to have the alcohol in need somebody illegally furnishing it, because it is an offense to furnish alcohol to anybody lower than 21, but that does not allow the person lower than 21 to be charged with a crime.
So, your friend is right, she can properly drink alcohol (and could before she be 18, too) so long as she does not buy it and does not drink it in an on-sale premise, or on a street or public place. However, it is an offense for anybody to deal in or give alcohol to her (including you, my friend).
ADD, for raicha: As I twig the question, it is whether a soul under 21 can lawfully drink in California. The answer to THAT quiz is "Yes, except in on mart premises, on a street, or in a public place." The put somebody through the mill of whether anyone can legally furnish the alcohol to be drunk is a different issue. A police officer, seeing a entity under 21 drinking within a place where such drinking is not prohibited could lift no action against the drinker. And even the furnishing rule is clearly not strictly enforced, or we would have police making arrests outside every place of worship that used wine sacramentally.
Nope, your friend is any lying or sadly mistaken.
FP
She is confused. 21 s the permitted age for consumption of alcohol in the U.S. If her parents set aside her alcoholic drink in their home, she may consume it at any age, but this exception applies STRICTLY to family IN THEIR OWN HOME, and does not allow for it away from home even under parental allowance.
No taxation without representation.. ??
...can someone break it down 4 me... ??Answers: check your textbook, it may tender a clue.
Which is exactly why NAFTA is unconstitutional. We elect people to represent us, while THEY are the ones who pick the leaders of NAFTA..and the leaders of NAFTA (they come from Canada, Mexico and the USA) narrate us what will happen to OUR country. We hold no say contained by the matter...NAFTA have their own courts which supersede our court system.
Law question - Statutory Authority?
Hi near.How can Statutory Authority Immunity be deafeted?
Can you think of a torts overnight case involving a dangerous recreational hum and statutory authority liability.
Answers: Are you talking nearly statutory immunity? This refers to a decree that makes in no doubt people or entities exempt from person sued. Usually this applies to governments, similar to a law that say you can't sue your city for damages when you are hit in the chief by a baseball during a city-run baseball game.
Generally you can "defeat" these statutes and seize into court, but you first you must exhaust all of the city/county/state procedures for handling complaints.
How you "defeat" a one statute depends on the which exact statute and which exact defendant you are talking just about.
I am not sure but I think it depends upon the state you are surrounded by. I am sure you can contact the district attorney in your city and they will know how to advise you.
Can my wife claim unemployment..?
Can she claim dismissal for two weeks if she was fired when she give her notice? My wife get a new commission that starts in two weeks and she be told to finish up the day when she give her notice today.Answers: Probably not.
I would recommend referring to this website:
http://www.iowaworkforce.org/ui/
You cannot collect severance if you quit a job. Once you distribute notice you're departing, the company can choose not to keep you on for the 2 weeks if they want to. She have no claim. She wasn't fired, she quit. The company opted agree to her leave right away..
What are the full Miranda Rights?
i need to know ALL of the Miranda rights. within is WAY more than you have the right to remain silent, anything you influence can and will be used against you in the court of imperative, you have the right to an attorney, and if you cannot afford one, one will be appointed to you. i entail to know the WHOLE Miranda Rights. I found it on another site but now i cant remember what it be. HELP PLEASE!Answers: short version: You own the right to remain silent. Anything you say can and will be used against you within a court of law. You own the right to speak to an attorney, and to have an attorney present during any curious. If you cannot afford a lawyer, one will be provided for you at administration expense.
long version: You enjoy the right to remain silent and refuse to answer question. Do you understand?
Anything you do right to be heard may be used against you in a court of ruling. Do you understand?
You hold the right to consult an attorney before speaking to the police and to own an attorney present during questioning in a minute or in the adjectives. Do you understand?
If you cannot afford an attorney, one will be appointed for you in the past any questioning if you desire. Do you understand?
If you opt to answer questions immediately without an attorney present you will still enjoy the right to stop answering at any time until you talk to an attorney. Do you take?
Knowing and understanding your rights as I hold explained them to you, are you willing to answer my question without an attorney present?
You hold the right to remain silent if you give up that right everything you influence can and will be used against you.
You have the right to a attorney if you cannot afford one, one will be provide by the taxpayers.
Here are the exact words of the Supreme Court:
"He must be warned prior to any inquisitive that he has the right to remain silent, that anything he say can be used against him in a court of statute, that he has the right to the presence of an attorney, and that if he cannot afford an attorney one will be appointed for him prior to any enquiring if he so desires."
"After such warnings hold been given, and such opportunity afforded him, the individual may intentionally and intelligently waive these rights and agree to answer questions or fashion a statement."
Miranda v. Arizona, 384 U.S. 436, 479 (1966).
You got them adjectives. There is not WAY more than what you stated. In fact, in that is NOTHING more than what you stated.
Is what dog chapman said is somehow more offensive consequently the no snitching code that teaches that recounting the?
police who kills someone make you lower than a murderer???? How would you feel if your own son sold you out close to that?Answers: What does one thing enjoy to do with the other?
Dog Chapman admit that he was wrong and horrible and then he apologized. Not even he is arguing that it be the right thing to do.
People who follow the "no snitching code" somehow believe i.e. the right thing, base on a twisted sense of loyalty.
If my son "sold me out" because I had kill someone, I guess that would mean that I tiniest did something right when I raised him.
I'm not angry next to dog at all. I'm angry at the route his son ambushed him and took a personal conversation and sold it, just as dog predicted from his conversation I hear on fox news.
The no-snitch policy is evil protecting evil. If in that own family be killed, they would want to know who did it. They are a short time ago street thugs with no morals.
Duane "Dog" Chapman have a First Amendment right to speak his mind. The use of the "N" word is only considered by the PC crowd to be rude for people except blacks to use. Until the black community addresses this issue contained by a meaningful mode and attacks the "hip hop" artists with as much trademark, then they are within no position to criticize. If a large proportion of a group of folks is consistently self-loathing, (at least within terms of medium exposure), then they should not be surprised when things resembling the "N" word are institutionalized. I am guessing that most white people enjoy used the "N" word a time or two. As have most blacks and hispanics. We requirement to put this in perspective and contemplate about indisputable issues like Pakistan's destabilization. An Islamic country next to nukes is in a state of emergency. not moral...
Is this Corporatocracy making us loonie, or is it just me?
Here's an example from SEARS.Am I to be above have feelings roughly this?
I know it's banal, but it affects my enthusiasm.
I bought a washer and dryer. They took my money without have the product.
Then they changed the delivery date FIVE times.
Then they come to install it TWO MONTHS LATER, and didn't bring the equipment I PAID for in command for them to install it. The washer and dryer sit there, UNINSTALLED.
What would you do?
What are your experiences next to consumerism, and how do you deal near the way corporations treat customers, explicitly, with complete disdain and dearth of ethics?
Answers: Like any other mechanism, a Corporation is to you the person or folks that you deal near. Some are great, others, not so much. As a customer, they owe you. You owe them nothing, so at the first sign of incompetence, walk up the chain of command - taking down name, titles, dates and times and promises made. Recite these to the subsequent person you want to speak to.
If this fails, you can turn to the newspapers - abundant of which have consumer complaints columnists.
You can walk to the Better Business Bureau, and you can go to a advocate. The bigger the offender, the more interested the attorney will be. More damages for you and more fees for him - all remunerated for by the offending merchant.
Which ever route you take to equality, remember to keep everything from the sale slip to your record of appointments you have taken to date.
Child Care Laws in Las Vegas, Nevada?
How copious children can you have within your home before you can find a license?not talking just about child care services, just regular home sitting.
Answers: The standard rule is 3 non-related children.
Sexual Harassment Lawsuit?
Ok here's my problem:I have this friend at work that have said some stuff to me in a sexual opening. I know it is sexual harassment. Here is my question. 1. Can I sue him without suing the company? 2. Will he walk to jail? 3. Can I still save my job if I do sue him? 4. How much can I sue him for?
Answers: 1. Sure, you can sue him, but he is smaller amount likely to enjoy funds to cover a judgment surrounded by your favor than the company is. But you can't sue the company unless you have provided documentation to the company that he have harassed you, and they did nil to help you. 2. He will not progress to jail. Sexual stalking is a civil wrong (tort), not a crime. Therefore it is not punishable by jail time or any other penal consequence. Wouldn't be a horrible blasphemy of the First Amendment if we could in fact go to detention centre for saying sexy things? 3. Sure, you might be capable of keep your living, but don't expect and comfy working atmosphere after that. More likely populace will look at you as a troublemaker and be afraid of talking to you lest they seize sued also. Sometimes when a person files a lawsuit that involves their place of work, one of the stipulations os resolving the lawsuit is that the member of staff must leave the chore, but that is usually just when the company is sued. 4. Oh, can I tell you how much lawyer hate this quiz. It is very to hand the gathering of evidence and weigh of all variables that one can determine what a lawsuit is worth, not at the dawn where singular the sketchiest of details have be revealed. Lawyers don't have a pamphlet or booklet or anything that read: "sexual harassment $50,000; national harassment $60,000, punch within the eye $100,000."
Having answered all your question in instruct, talking to your friend (well, you did call upon him that) and telling him his sexual comments are unwelcome might be a more productive response than counting your shrewdness.
You are required to follow your company's policy regarding sexual aggravation. If they do not have a policy, I would push for you to speak to your supervisor or someone in Human Resources. Otherwise, you can dance to the EEOC and file a complaint. The EEOC will build the company aware of your complaint and will seek that some motion be taken.
If you go to a attorney seeking to sue him, your lawyer will or at least possible should tell you that you own to go to the EEOC. YOu will not take money from the individual, and if you did, it wouldn't be enough to retire on.
If it's your 'friend', why can't you freshly ask him to stop? There are way too masses needless lawsuits contained by this country tieing up our legal system. Unless he said something approaching "you can have a elevate if you have sex next to me", I'd say grow thicker skin.
My husband and I are trying to buy a house and need to receive out of our lease...?
It says at the extension of the lease "notice for terminate this lease MUST be given 75 days before termination and must be within writing." My landlord say that this means that we entail to tell him 75 days earlier our lease is up that we are not going to sign a new one. I entail to know if that is what this funds, or does it mean that if we donate him 75 days notice that we can obtain out of our lease?Answers: Because we don't have the complete lease within front of us, we can't tell for sure.
But, if your lease is a month-to-month lease, largely you can get out of the lease by giving spy. Usually, that is a minimum 30 days, but it can be more--like 75--if specifically what your rental agreement says.
If your lease is not a "month-to-month" but is for a fixed occupancy, ending on an identified date, consequently you normally cannot cancel the lease before the appendage of that term. You must wage on the lease until the end of the interval, unless you negotiate your way out of it near your landlord.
What your proprietor says is his vision of the clause is what you normally see surrounded by leases that automatically renew. For example, you lease for one year, starting on January 1st. If you don't dispense notice 75 days previously December 31st, the lease will automatically renew and you are on the hook for another full year.
Take your lease to a lawyer for a review, but I enjoy a feeling your innkeeper will be right.
maybe
might consent to you out early but expect to retribution the remainder of the lease unless you have a super great tenant
or if you could find a tenant to continue the rest of your lease
flawless luck
It means that you must agree to your landlord know whether you will be terminate (not renewing) your lease 75 days before is expires.
What is the sense of a fixed permanent status lease if you can terminate it anytime?
If your lease is for a year, you must notify the innkeeper 75 days before the finish off of that year that you will not be signing a new lease.
Giving a 75 daylight notice because you want to move earlier the lease end-date doesn't mean squat. You can move out, but you will be responsible for the rent until the shutting down of the lease you signed. You cannot get out of a lease...it is a contract and contracts hold up near the law.
More Questions and Answers:
[1740] - [2545] - [1926] - [752] - [1451] - [158] - [1392] - [481] - [125] - [881] - [228] - [1566] - [1872] - [1835] - [235] - [1434] - [1587] - [1041] - [2476] - [1303]
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question: