Law Questions and Answers
Can you be arrested for using a modified ID?
Hypothetically: If one were to use a *modified* Identification card (as contained by birthdate changed) to buy tobacco products, could they be arrested if caught in the deed? Is it even punishable by law?And please no stupid "Don't smoke" or "Don't do anything wrong" answers, simply be straight. This is all hypothetical anyway :-)
Answers: It depends on your state's tenet, but generally speaking, by modifying the license you are making a false statement within order to receive stuff that you are not entitled to. That may be considered fraud surrounded by your state and you could be arrested for fraud as well as suffer any other penalities that apply to altering the license or underage smoking.
Sure can. Could obverse fines also.
But if you do a good adequate of a job, afterwards why worry?
(JUST KIDDING!)
yes they will tow you in most important illegal **** pay attention with those i.d.'s
Frivilous Lawsuits...?
Do you feel that frivilous lawsuits are raging in this country?Answers: Yes I do. While I'm sure that some do enjoy merrit, the bulk of them or frivioulous. Who pays for these frivilous lawsuits? We, the tax payers. These those have zilch better to do than bring forth these suits.
From http://www.dklaw.com/SAB_Reducing_Jail_L...
In 1996, Congress enacted the Prison Litigation Reform Act (hereinafter "PLRA"), to "curtail the handiness of
prisoners to bring frivolous and malicious lawsuits."1 The sponsors of the bill submitted a "top
ten" document, entitled "Top 10 Frivolous Inmate Lawsuits Nationally". Those included:
(10) Inmate sued, claiming $1 million in damages because his rime cream had melt;
(9) Inmate sued, alleging that being forced to listen to his component manager's country and western music constituted cruel and unusual punishment;
(8) Inmate sued, claiming that his piece of cake was "hack up";
(7) Inmate sued because he was served chunky instead of smooth peanut butter;
(6) Two inmates sued because the prison would not retribution for their sex change operation;
(5) Inmate sued, alleging that he made only $21.00 during a three month interval but had be told he would make $29.40;
(4) Inmate sued because he be forced to send packages via UPS to some extent than U.S. mail;
(3) Inmate sued, demanding L.A. Gear or Reebok shoes instead of Converse;
(2) Inmate sued, alleging that the prison physicians have implanted an electronic device in his director which broadcast his thoughts over the prison public address system; and
(1) Inmate sued prison officials for ejection his Gameboy electronic game.2
As a attorney who defends plentifully of corporations, and has litigated masses cases, I would say no. Only a severely small percentage are frivolous. While someone who has be sued may believe the suit is frivolous, the person injured does not.
Insurance companies and corporate America do a obedient job of convincing empire that lawsuits are out of control. This is simply not true. The amount of suits and verdicts have declined over the years.
Most of the crazy cases you hear going on for either didn't begin, or the facts are misrepresented. If you think just about it, corporate America and the insurance industry are getting the ordinary soul to fight the race they injure. If you ask most people, they will right to be heard that lawsuit abuse is out of foot. Its not true, but the more you hear it, the more you believe it. When you get hurt by some company or hold to sue your own insurance company, then you switch on to realize what's really going on. By then, its too overdue because the legislature has acted on their "concern" for lawsuit treat roughly and enacted legislation limiting their capacity to be made whole. For the corporations, its great to own the person they injured wipe out their own ability to be made full.
I have be trying to find this quote I read in undergrad. A politician complaining in the order of all the lawyer, and how they were constantly file frivolous lawsuits, and ruining the society. Of course, it was spoken by a Roman politician around 2000 years ago. The more things change, the more they stay matching.
Labor laws within Louisiana?
I work for a company where you own to stand on your feet for in the region of 5 hours a shift. One of my friends that work with me asked to budge on a 15 minute break. The floor manager told her no that she didn't carry a break. At this job some populace get a break while others don't. I know that isn't right, but officially is she allowed a break for every 4-5 hours of work in Louisiana?Answers: She really wishes to look for somewhere else to work.
"Neither state nor federal law requires that organization 18 years or older be given any break (including lunch). The let-down to give a break is, accordingly, not a violation of decree."
http://www.laworks.net/FAQs/FAQ_Louisian...
Is mass copying a novel a copyright vandalism?
A teacher I work next to made 30 copies of an entire novel for her class. Is this breaking copyright law?Answers: Yes, it is copyright violation. There are reasonable use exceptions to copyright. However, copying an entire novel, even for civilizing purposes, is likely not disinterested use under current U.S. ruling.
For more information regarding what kind of reproductions you can make as an lecturer, I suggest you start by reading the Copyright Office's circular number 21 entitled "Reproductions of Copyrighted Works by Educators and Librarians." The link to it is below.
http://www.copyright.gov/circs/circ21.pd...
After you read that, you should have a handle on better the basis losing my answer above.
----------------
Addition: The easiest way to report a copyright despoliation is to contact the copyright owner and inform him/her of the violation. Obviously, the copyright owner is the one next to a stake in the business. You should be able to find the copyright owner by contacting the publisher of the original.
There are exceptions to the copyright laws when the work is used contained by education.
EDIT on your optional details - while it would appear that copying an entire novel for distribution to a class exceeds the "neutral use" exception for education, why are you so interested contained by reporting this? Maybe her zeal to educate her charges exceeded her adjectives sense, but how has this tattered you?
If you really want to push it, contact the publisher of the novel.
yes.
That is beyond the informative exception under Fair Use.
And it probably cost the university more in weekly and time then purely ordering the book.
see www.chillingeffects.org for definitive info on copyright.
Yes it is a betrayal unless she contacted the publisher and got go-ahead to photcopy the novel.
What are Americans supposed to do when the Government agencies do not follow the Law?
Answers: Generally, when government agencies do not follow the decree, you must file an adminstrative appeal (up the food fasten at the agency). You keep appealing until your exhaust adjectives of your administrative remedies.
After that, if you are still "wronged", you file a lawsuit surrounded by court and ask for a "writ of mandate" ordering the agency to comply near the law.
They are supposed to pressure their elected representatives to indict and punish them. If they go amiss to do so, the American people necessitate to vote them out.
For example, former Attorney General admitted violate the rights of American citizens in his bent enforcement of the ill-named Patriot Act. He needs to be indicted, tried, and punished if found guilty (which he have already admitted).
What is the copyright law about people using my representation?
Hi there, if I am a photographer, and I give somebody a lift pictures which I then swot someone else is using (be it on their website, newsletter etc.), what is the exact law in relation to this? I have hear that if they alter the image to a particular extent then near is nothing you can do something like it? They are allowed to do it. I am very curious as I enjoy seen associates use a piece of a photo before.Answers: your pictures are copyright until that time they leave the camera.
altering your imagery is exactly what copyright prevents, along with copying unsurprisingly. The key residence here is "derivative works" - you alone have the right to put together them.
for definitive info on how to force takedowns of your images, see www.chillingeffects.org.
ably as soon as you take a picture.. or label music YOU automatically hold the copyright on it.. and intellectual rights on it..
it's the same near filming, if I sort a film and release it to the public, I hold to get the populace in the motion picture to sign a release form giving permission for me to use their imagary..
but generally you have to return with permission from the personality , unless they have wavered copyright. Although you can product something public domain in the sense of population can have it for free, but stipulate for commerical use etc you enjoy to gain permission.
you can thieve them to court for copyright infringement.
The cheapest way to copyright your own work is to post a sample of it to yourself. Once the envelop have been post splashed, do NOT open it, but report it away somewhere handy. You definitely enjoy the right to take them to court especially if they enjoy not made any alterations (I'd still take them to court even if they do of late to be on the safe side). The other entry you can do is make a hose down mark on adjectives your images so that when ancestors download or copy them from your webpage they won't be able to alter the emblem. You can also prevent image copying by using a plug-in on your webpage. Visit Dreamweaver's website for assist on this plug-in.
How do I report an eviction ruling to get it on the tenant credit report so they can't do this again?
Answers: Generally, lawsuits and judgments will appear on a credit report lacking you having to do a entry.
You can use a credit reporting agency. This website will do it for you for $12.95:
https://www.aoausa.com/SECURE/mrLdebtrep...
Here is another one:
http://www.thelpa.com/lpa/credit-reports...
There are three major companies that compile credit reports, but I don't know if you can submit doomed to failure debts to them directly without purchasing their services.
Legal jargon essential to resolve issues through the courts and persons who cannot afford a representation?
In the courts contained by re to criminal vs civil cases; Courts do not provide for representation in re to civil cases--why not?Answers: 1. Per SIXTH AMENDMENT, the right-to-counsel is constitutionally MANDATED for the impartial administration of sprite that free EFFECTIVE legal counseling MUST be made available to defendants who cannot afford an attorney (REGARDLESS of their employment status). The political affairs is NOT responsible for ineffective legal assistance if the defendant hires his/her own attorney. However, ineffective representation by RETAINED COUNSEL does provide grounds for offensive a conviction (appeals). The Supreme Court established this in the suitcase of Cuyler v. Sullivan 1980.
This is what the SIXTH AMENDMENT says:
"In adjectives criminal prosecutions, the accused shall soak up the right to a speedy and public trial, by an impartial jury of the State and district where on earth in the crime shall hold been committed, which district shall hold been previously ascertained by ruling, and to be informed of the nature and rationale of the accusation; to be confronted next to the witnesses against him; to have compulsory process for obtain witnesses in his favor, and to hold the Assistance of Counsel for his defence."
However, the constitutional right-to-counsel applies ONLY IF you are facing a possible incarceration, so misdemeanors DO NOT qualify. Also, the right to counsel TERMINATES after the grip is over and any conviction is made final. Translation, the state is NOT CONSTITUTIONALLY REQUIRED to appoint a lawyer to serve with HABEAS CORPUS or other post-conviction challenge (subsequent appeals).
2. Although the 6th Amendment DOES NOT REQUIRE the free legal right-to-counsel surrounded by Civil Courts, there is the mostly-federally-funded CIVIL LEGAL AID agency, a group of local EXPERIENCED volunteer attorneys, that does provide FREE legalized counseling to low-income citizens. EVERY state has this program. You in recent times need to christen them to request assistance. However, depending on needs, here is a waiting list for this free assistance.
The intention, you are provided a lawyer surrounded by criminal matters if you cannot afford one is because "guilt" is a social stigma that method you wronged society and people deserve to be capable of exonerate themselves even if they can't afford it. A civil matter is a problem between two or more private party. In civil litigation you don't get thrown within jail and lose your rights. You freshly have a verdict against you.
Knowledge of legal idiolect is not necessarily required to resolve issues with the courts. However, if you don't realize the jargon, it might be difficult to fathom out things that are going on. It's kind of a instrument to keep lawyer above everyone else because they can talk within a language that a laypeson doesn't grasp. I'm a law student and I'm still erudition to figure out what adjectives the jargon mechanism as well. Most of it is Latin so if you know Latin, it's much easier.
Generally, because criminal courts are crimes against society as a integral - murder, burglary, assault. The charges are "The state of ____ vs. John Doe".
Civil court cases are personal, and your civil rights and those of others aren't in cross-examine.
If I die and say contained by my will that I want...?
to be cremated in the cheapest box and own no wake or funeral...Would my inherited be forced to abide by it. Or can they do whatever they want?I want them to recover the money and not waste it on my comatose body.
Answers: Don't just put it as your wishes, condition anything you are leaving to be received lone if they do it. Honoring wishes is one thing, you can't exactly sue if they don't.
They can still do anything they want if they pay for it.
If to be exact what you want then not individual should you state it in a will, you should prepay your expenses and make tracks a copy of the will with the mortuary that will toy with it.
If you put it in your will on it's own afterwards no, they don't have to.
BUT.. you can product it a condition of them getting any of your money.
"If I am cremated in a plain box and in that is no funeral service then my estate is to be divided equally between my sons Tom, Dick and Harry. If a Funeral service is held, later my estate is to be given to the ASPCA"
Richard
CHECK WITH A LOCAL FUNERAL DIRECTOR FIRST.IN SOME STATES A NEXT OF KIN CAN REFUSE TO HAVE A BODY CREMATED EVEN THOUGH IT WAS STATED IN A WILL.BASICALLY THE THOUGHT BEHIND THIS WAS THAT THE NEXT OF KIN WOULD HAVE TO LIVE WITH THE CHOICE.
Post office thieve? Where is all that 'lost' messages?
I have sent a couple of Christmas cards to a couple of seriously not a hundred percent children i know with some contribution vouchers in them posted concluding Wednesday first class and neither of them received them,royal mail said linger 15days yeah, by then they will be long gone,providing someones beer money probably ( I hope they choke! ) I sent them record as well but that dosent issue as far as they are concerned they dont comp you for it,its just a no win situation i craving i could flog them its legalized theft,anyone else have a similar experience?Answers: I hope you have complete in a Lost Letter Form. This is evidence of the non distribution that can be used in any Court Case involving anyone who is charged beside theft of Her Majesty's Mail; that's why it's call Royal Mail.
The Post Office have trained investigators who should interview adjectives the staff involved in handling the item you claim is lost. Naturally, in attendance is more than one person involved both at the sending Office and the Delivery organization.
All have to be interviewed and a outcome made by the investigator following considerable work.
I have be concerned with this subject for several years and speak (or write) from experience.
So, if you have solitary made a verbal complaint, catch this form from your Post Office, fill it surrounded by as appropriate and hand it surrounded by to the Post Office Counter. It will then receive the treatment I enjoy described and, in due course, you might read going on for it in your local treatise!
If you have sent them by Recorded Delivery, this service does not cover such costly items. It is mainly used for documents that might be considerable yet replaceable.
The service you should own used is Special Delivery. It costs a little more and to be precise why a lot of nation don't use it, thinking that Recorded Delivery will do. It won't.
Be patient, after you complete and submit the Lost Letter Form.
You can claim up to lb34. At smallest you can prove the value of your items.
Our advice go missing adjectives the time. Royal Mail makes us convey proof of original purchase price (not what we charge the customer) which mechanism we have to faff around next to customs, VAT and invoices from overseas. Then the Royal Mail still finds a way to wriggle out of it.
Yes, it is pinching and it is getting worse. Someone somewhere is having a enclosed space day beside a whole nouns our earplugs.
It happens near all types of carrier.
Even disks with millions of personal info hold gone missing.
Oi, you cheeky beggar, my old man's a postman and a complex working honest one at that, and i dont think he'd hold to kindly to man flogged, unless it's by me and im naked apart from wearing a double act of yellow marigold wash up gloves!.
There are a lot of detached post office workers employed over the busy christmas interval, and as it's not their regular form of employment they dont give a flying feck if the post get's deliver or not.
I sent my sister some photos via 1st class post and she never received them, it turns out they were within the post office collection department, waiting for her to collect them, i'd stuck 1st class stamps on the envelope and just assumed that she'd bring them, but royal mail introduced a up to date scheme which mode weighing what you intend to post to ensure you own the correct postage on the package/envelope.
Sending them via recordered delivery requires a signature once it's be delivered so the post organization will be able to check that it be signed for, the date/time it was signed for!
Yes I own had it come about and it's disgraceful, Royal Mail couldn't care smaller amount as long as they have have your money.
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