Law Questions and Answers

Where does it say surrounded by the constitution that a united states citizen can waive their rights?


Answers: It doesn't -- that's inherent within the structure of any legal system.

A right is something the govt is disallowed to take path -- but it's a choice of the person -- and the character can almost always consent to allow the govt to do something that the govt cannot do on its own.
Sixth Amendment to the Constitution -- which codifies rights related to criminal prosecutions within federal courts. The Supreme Court has ruled that these rights are so fundamental and esteemed that they are protected in state courts by the Fourteenth Amendment's Due Process Clause.

Rights to a speedy trial, trial by jury, and representation by counsel can adjectives be waived.

Text: "In adjectives criminal prosecutions, the accused shall savour the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall own been committed, which district shall own been previously ascertained by regulation, and to be informed of the nature and motive of the accusation; to be confronted beside the witnesses against him; to have compulsory process for obtain witnesses in his favor, and to enjoy the Assistance of Counsel for his defense."
The 6th amendment
The Sixth Amendment guarantee is apparently a personal right of the defendant, which he may in some circumstances waive contained by conjunction with the prosecution and the court.

In your opinion as to whether steps be taken to control the internet?


Answers: It would be impossible for any one entity to control the internet since it is world wide open. Countries however, can and have regulated what type of internet traffic comes into their boundries. Of course, you never know, contained by the future in attendance may be some international law(s) that can censor/control what is on the internet.

Personally, I don't think so, it be created as a means of communication, why censor that.

If you don't approaching what you see don't visit the site. As for parents, be responsible know what you kid is doing at adjectives times, not just when he/she is on the computer.
Every parent should monitor their children while they are on the internet. More imperative officials, or programs, should be enforced to travel online - for the protection of children.

More laws could be formed & strictly enforced .. such as spam, hackers, porn, programs that allow prohibited & unethical happenings, advertisements, etc .. and anything else that is not honest, fine, or unethical.

In establish for this to happen, it would hold to be fully enforced .. which is unlikely.

In California, is a an apartment building owner liable for damage if the property is not seismically retrofitt


Answers: Don't really know what you are getting at, but yes the owner is the responsible being for the building. If you know that it isn't seismically retrofit, you can report it to the building department in the city/town you live surrounded by, if they say zilch needs to be done, best point to do if it's a problem for you is move.What you need as a renter is insurance for adjectives your contents in skin of fire, water incapacitate, etc.
Don't quote me on this, but my first reaction would be "no".

It is the tenant responsibility to get renters insurance for personal property.

Now if a tenant be hurt or killed - consequently that would be a whole different thing.

But I'm sure lawyers could find adjectives kinds of holes surrounded by my opinion.
http://www.caltenantlaw.com/Rights.htm

You can probably find your answer here. I believe the owner is not liable.

Does anyone have a upright example, of when some one did not have a equal negotiator for a plea wrangle?

I just obligation an example, proof, or a story that when you are not represented well by a legal representative you do not get fair-minded negotiation, and settlement and good persuasion from near lawyer or representative, for a plea barter. working on an essay in antagonism of plea bargain.
Answers: It's a short time late... but Saddam Hussein probably could own answered your question.
Okay, unpromising example. Almost once a month someone is released from prison that was wrongly accuse and/or did not receive proper council.
I'm sure the newspaper morgue could oblige you out on past cases.
Not anyone an attorney, that's all I get. Good luck.
Any negotiation -- including a plea bargain -- have to be based on honest information and angelic faith dealing -- to some extent than fraud and coercion and lies.

And that applies equally well to the information you're getting from the other side as it does from the party representing your side at the table.

As to the issue you mention -- if a defendant is not represented by an attorney -- they often don't know their option -- or the risks -- and can make decision blind (without information) because they don't know what they are asking for or what they could otherwise be facing.
i would think this would take place when you're represented by the state appointed negotiators. if some one works for the state, but is representing a criminal, who would demean a state system... this go-between might be bias or not argue and negotiate with his usual even of intensity, drive or passion.
on this same route of thinking- attorneys and negotiators are culture with opinion and feelings. they are hopeful at spinning the truth and manipulating at times. any situation that make a "negotiator" come close to his or her personal beliefs can hinder his gameness to push for the best possible plea bargain-

uh... hopefully that made sense-

this is my first time on yahoo answers- just lookin for facilitate w chem and math : /
The worse one i can recall happen in Florida few years ago. Two children be wresting an one broke other child's neck. After plea treaty judge give one that broke others friends neck six years. Not sure what happen but judge agree to child change plea and give short jail time. Will distribute this as example because need to redeploy plea never should have come up.

California Commercial??

I saw a new California commercial today. It be something about snow sports self great there. Arnold Swarchenegger be in the commercial clich¨¦ how amazing the state is. Was he payed for the ad as an entertainer? Or did he do it for free as the governor?
Answers: No one does anything without some money involved. TV and radio use giant profile people to back up their products more now than ever up to that time. In this case it would depend on who asked him, the amount of physical exertion, time it took to make the commercial as to if he donated his time or be paid.

How do u stop an evil ex who keeps cause problems and has a fettish of a court room?


Answers: re-evaluate: possibly its not a fetish of the court room-

and a way to stay contained by chaos and contact next to YOU.

cut loose ends and tie 'em up- dont give him or her REASONs to get hold of u back contained by court... that is.. if You dont want to stay contained by contact or chaos-
If you're talking going on for me, it's all my lawyer's show disapproval, not mine! Actually, I'm joking ... but it is my lawyer's idiosyncrasy (she gets more money from me for that.

What humane of problems, need some more info please. If he or she is cause U problems, is one matter. The certainty that they take U to court is how they try to resolve it, instead of conversation it over with U & trying to work it out. So, although it may niggle U to hear it, talk to & "form nice" with your Ex, to prevent any further problems & return visit to court.
My advice, move away!

If its an ex-girlfriend, gain a restraining order...if it get real bleak then move..I have a stalker for almost a year. The restraining order did not work and I be sick of going in front of a believe to be or dealing with Police who didn't perfectionism (because it was a girl stalking a guy, might hold been different if the situation be reversed!!) I changed jobs, move to a different city, and cut ties next to every friend that was mutual or even have contact with her.

If its an ex-wife, she is probably at your throat in the region of money!! If your in court abundantly, then I assume you own alimony or child support. Eventually, your life will be easier if you merely give within and meet some (not adjectives!) of her demands..but there is a constraint you must set. Just ask yourself how much peace of mind is worth to you.

Most likely she feel wronged or that you owe her something..try setting her up with someone. You may deliberate I'm kidding but it works. Or abet facilitate her finding someone else. I could go on and on but it brings support crappy memories. Eventually she will go away, she newly has nought better to do at the moment.

Hope this helps.

If someone (such as a girlfriend) got into a lawyer email account , could this be a problem for him officially?


Answers: I would think so!! But, It could be a Bigger problem for HER if he can prove she did it!
Depends...

Depends on what sort of information be in the information... she would be assumed to have read everything.

Lawyers repeatedly have access to confidental information, and depending on what information be in the e-mail justification it could have terrifically serious consequence.

However I think the most instant consequence will be that the lawyer will be surrounded by the market for a up to date girlfriend by the end of the week.
It could be a problem ethically for the attorney, but not justifiably. That means the state pole could take act against the attorney. The worst thing the state lump can do is permanently disbar you from the practice of regulation.

However, the issue of what the attorney did would be important. Did he bequeath the password to his girlfriend or did she hack in to his justification? Is his girlfriend working for him as his secretary? I also know many attorneys put disclaimers within their outgoing e-mails saying that zilch in the e-mail should be considered private.

Here is ONE of the comments to the Oklahoma Rules of Professional Conduct concerning Confidentiality of Information:

When transmitting a communication that includes information relating to the representation of a client, the attorney must take fine precautions to prevent the information from coming into the hands of unintended recipient. This duty, however, does not require that the lawyer use special shelter measures if the method of communication affords a reasonable expectation of privacy. Special circumstances, however, may warrant special precautions. Factors to be considered within determining the reasonableness of the lawyer’s expectation of confidentiality include the sensitivity of the information and the extent to which privacy of the communication is protected by law or by a confidentiality agreement. A client may require the advocate to implement special security measures not required by this Rule or may impart informed consent to the use of a means of communication that would otherwise be prohibited by this Rule.

If I put a block wall up on my side of a wood fence, can the neighbor purloin it down or do they need my ok?

I own been dealing next to a wood fence explicitly dilapidated, falling over, and just antediluvian. It runs right on the property line so it belongs to both of us. I own, for month, been trying to return with them to go within on a brick wall, to which they never commit to. I now own a great deal on a wall and want to simply do it, but since these people own been giving me the run around I want to build it inside the older fence. I want to know if after the reality can they take the other blockade down or do they need my consent to do so since half of the barricade is mine? I live in Chandler Arizona. Thanks.
Answers: Check your property file. Normally, a fence is erected approximately 4" olden the property line, so in attendance won't be a dispute. As long as the new barrier isn't in sacrilege, and the old one is on your property. Do what you enjoy to do.
If you build your block wall within the boundries of you property, after you don't need their blessing. Of course you would still have to abide by local ordinances/laws, association rules on how that wall is built.

Also, save in mind you'll be losing (physically, not on accounts since you still own that land you newly built on) some space, and it may have some impact on if you ever go you house since the next owners may enjoy to deal near a potential headache.

As far as whether or not your neighbor would still have to go and get permission to rupture down the old obstruction, the answer is yes, since that is property adjectives to both you and him.

If I can suggest something- I bet you he does not want to pay for module of the brick wall, just get hold of his permission and income for the wall yourself since you were going to build it anyways.
You should check any archives to find out officially who the old-fashioned fence belongs to. Even if it's on the property row, don't assume title to the fence is split - predictable it's not.

If you build a block wall on your side of the property line, your neighbor cannot bother near it since it is fixed to your property, or that would be a trespass.

Since your neighbor seems bored rigid, I'd get the neighbor to sign a "quit claim" to any interest contained by the fence, and consequently knock it down and replace it with the wall COMPLETELY on your property. The release will hide away your a-- in court, and you may aspiration to file it beside the county recorder just to net sure it stays in the officer record. Notarized is best, and is required if you directory at the recorder's.

Whatever you all agree on, GET IT IN WRITING.

Crappy cheap a-- neighbor!


Good luck.
Good examine, best thing to do is take your answer for now and the adjectives from someone in the building department of your city/town. We own a problem almost the same as you, but beside alittle twist, we know because we know the society that replace the fence at the put money on of the neighbors and their property, didn't pay anything on the replacement. With that skill, replacement of the fence on our side would again be replaced near lack of sum from them. I have be able to put together repairs that will hold up hopefully for a while longer. Now in your defence, you didn't say how dignified you want to make the block wall, since it's in the middle of the two property lines, I would utter that these people would remove the behind the times fence after the brand new block wall was up. if the block wall be at a height that you couldn't see their side. You almost hold to take the dated fence down within order to keep going the property line between the two properties. You're going to hold to find out if you were to put the wall on your property what would be your recourse if they removed the dated fence. Good Luck- might be capable of outlive them and have latest neighbors that will be willing to facilitate with the cost of a latest fence.

Can someone tell me what "quash the indictment" means?


Answers: The first answer is correct.

An indictment is a formal charge -- habitually rendered by a grand jury (depending on the rules of the jurisdiction). It is simply an order for the prosecution to proceed.

Quashing is a lawful term purpose to declare a previous command or decision ineffective -- to nullify it. Used most normally for subpoens but also for indictments.
"Quashing" is equivalent in classification to "dismissing" the indictment. The indictment is gone.

Malpractice?

On Thursday of last week I have to go to the doctor over some cysts that I enjoy. While there they did a bunch of test including STD's. Saturday I get a name, right before going to my father for a family reunion, and the doctor tell me I tested positive for gonorrhea. I immediately bid my husband and start yelling at him asking who he's be with and he turned around and did one and the same thing. Turns out my audition came support with 3 different results. Instead of proverb there be a discrepency he just said I tested positive and within was no mode the test be wrong. I asked to be retested and my husband was tested also. Turns out the testing was wrong, but we didn't find this out until we both took antibiotics for the STD. I want to know if this is malpractice. The doctor handled himself horribly and instantly jump to conclusions. I can't help but wonder how tons others were told one and the same but didn't retest and divorced over the results.
Answers: Sorry.

The doctor is required by law to recount you what the results are.

Results are never perfect.

It seem to me that you and your husband were the ones that created the issue.

Perhaps you should apologize to respectively other.
Although negligent and irresponsible it is not malpractice

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