Law Questions and Answers
Hoping to omly get answers from solicitors or empire who know or have gone through impossible to tell apart thing.?
Please don't pack up the Answer section next to "Go back to Court and speak "XXX" or see another solicitor etc:etc:4 yrs ago I got a Court Order for a property Transfer that my ex and her solicitor hold been ignore and I cannot get the Transfer through because she won't sign the document. I am on my 3rd solicitor. I narrate each one at the start that they are dealing near somone who won't play by the rules, but each unmarked solicitor thinks that he can somehow dispatch a special letter and it will adjectives be sorted out. After about a yr they transport me a bill for over a grand. Then when they've be paid they administer up and pass me to another solicitor who starts again at square 1.
Is in that any way to force someone to comply beside a Court Order. Because of a small compensation payment I do not qualify for free permitted aid and am slowly watching my desperately needed funds dissapearin in permissible costs as I get shunted from 1 solicitor to the subsequent and watch the in one piece cycle endlessly, repeat itself
Answers: Stephen ONeill have given an excellent and comprehensive answer.
There is a very simple mode to do what is necessary.
You kind (via a solictor) an application to the court requiring your ex to comply with the court instruct within 14 days and sign the verbs; and in evasion, the court is to sign the document on your ex's behalf and deems the signature to be next to her authority.
I come across this all the time, population who delay property transactions for a mixture of reasons; this mandatory establish always breaks the log-jam.
I know you don't want to run back to court, but the origin you have substandard to break the impasse so far is the letdown to return to court to enforce the order.
The single way to enforce a court demand is through the court..but you do not need a solicitor.
Instead of employ another solicitor to send a special epistle...go the the local county court and ask for a form to 'enforce a judgment'.or...ask the court superintendent for direction...she may invite you to a meeting beside the judge where on earth by you can explain what has happended .or at smallest what has not
Or
Write to the lands registry and ask for her name to be removed from the title deeds.they will obviously contact her (and the lender if applicable) but it will get things moving again
As stormyda... say, the only family who can enforce a Court Order are the Court. Clearly your various solicitors hold just written (expensive) packages asking your ex to comply, and which have be ignored as worthless, as doubtless her solicitor have pointed out to her. They should have pointed out to you the required action to win the Order enforced.
I know you don't want to hear this, but it is the correct advice nevertheless:- Go put a bet on to the Court and ask them for advice on how to dance about enforce the judgement. The Court staff are very functional and they will tell you exactly what you obligation to do. You can sort this out without the stipulation for further costly and ineffective legal representation.
Good luck.
I cannot see why it owuld rob so long. Presumably your solicitor is trying to get an occupation command by consent. That is difficult, time consuming and more often than not is pointless. No-one is going to cheerfully give up their home.
An application for an occupation command can be made in any county court beside family jurisdiction and within a magistrates’ court that is also a familial proceedings court (FPC). Particularly complexes cases that start in FPCs are sometimes transferred to the county courts. There are also unmistaken types of applications for occupation orders that cannot be deal with by magistrates. If a being involved in an application wishes to appeal the lay down to transfer they must lodge their appeal beside the appropriate court within 14 days of the artistic order self made.
You can instruct another solicitor to make an application direct to the court itself. There are no restrictions roughly applying in being (on your own behalf) but, if you do this, you must be prepared to complete the relevant forms and statements yourself and to explain your case back the court. Court staff can help by explaining court procedures, but they cannot provide decriminalized advice on the merits of individual cases, or endow with advice roughly speaking probable outcome.
Occupation orders are more complicated than non-molestation instructions for various reason, but mainly because near are five different sections of Part IV of the Family Law Act 1996 that relate to this issue (sections 33,35, 36, 37 and 38). Granting an direct depends on the relationship of the parties involved and whether the applicant have existing occupation rights. It is important to undergo in mind that applicants can merely seek an occupation command in relation to a property which any is, has be, or is intended to be the home of the parties involved. For example, an decree cannot be made which concerns a property that has be bought for investment purposes.
The court can make heaps different orders below the FLA 1996. Some are listed here to endow with an idea of what you could expect to dig up.
An order can:
o Allow the applicant to occupy the home or division of the home;
o Forbid the respondent to occupy the home or a specific part of it;
o Require the respondent to evacuate the home (by a certain time and date);
o Require the respondent not to return to the address stated;
o Require the respondent not to evict the applicant from the home;
o Require the deputation in occupation of the home to hold reasonable consideration of it;
o Regulate the use of the furniture and chattels in the home; and
o Require any the applicant or respondent to continue to earnings the mortgage or rent for the home.
Occupation orders may also include penal notice and the court can also order a Power of Arrest to be attached. However, the court cannot attach a Power of Arrest to an lay down to take fair care of the home, to settle the mortgage or rent, or one concerning the use of furniture or chattels. As a result of an existing gap contained by the law, the court cannot enforce fee of mortgage or rent. You can obtain an occupation advice without sense (ex parte). If a respondent breaches an occupation order, you enjoy the same enforcement procedures available as near non-molestation orders.
Non-molestation and occupation hearing for FL401 applications take place “in chambers” private (in the judges’ room) at the county court. They may also bear place in FPCs, surrounded by which case the public is excluded from the courtroom. Applicants may be required to donate oral evidence to the court. The length of a hearing vary, depending on the complexities of the case and whether the respondent disputes the allegations. After audible range the case the court can:
a) dismiss the application (this not often happens); or
b) make a non-molestation and/or occupation decree; or
c) accept an ‘undertaking’ from the respondent contained by terms that own been agreed between both the applicant and the respondent. [your solicitors own probably tried this route].
If an order have already been made (it is not entirely clear from your message) later you can start commital proceedings for contempt of court or, if you have have no success, try it yourself. It is not awfully complicated but there is closely of work involved. The court staff will help you.
Law Suit Question Please Help. Case of minors misrepresenting their Age?
Millennium Club, Inc., operates a tavern within South Bend,Indiana. In January 2003, Pamela Avila and other minors
gained declaration of guilt by misrepresenting themselves to be at
least twenty-one years older. According to the Club's
representatives, the minors used false driver's
licenses, "fraudulent verbs of a stamp used to gain
admission by another charity donor or other means of false
designation." To gain access, the minors also signed
affidavits falsely attesting to the reality that they were age twenty-one or elder. When the state filed criminal charges against the Club, the Club file a suit in an Indiana state court against Avila and more than two hundred others, seeking damages of $3,000 respectively for misrepresenting their ages. The minors filed a motion to dismiss the complaint.
Should the court admit the motion? What are the competing policy interests in this baggage? If the Club was not guarded in checking minors' designation, should it be allowed to recover?
Answers: Are you asking us to do your homework for you???
Being sued by Capital One in Small Claims Court Help!?
My husband is human being sued in Small Claims Court by Capital One. He showed up for the audible range 3 weeks ago and there be a mix up and the court date was today. He showed up again, the advocate was unprepared, and the regard as being gave them a contiuance even though my husband object. We are unsure about how to face-off this. We do not owe the amount of money they are saying we do and want to scrap it but I am worried we are going to be picked apart by the lawyer and not attain anywhere. Any advice?Answers: Show up at the hot hearing date prepared to quarrel it.
You can usually appeal from the small claims court de novo, which means that a spanking new case would be file and you would start all over again.
You may consider hiring an attorney, as here may be some defenses you could raise such as statute of limitations and debt collection violation.
Who's lawyer? The hill? Seems weird for a sandbank to sue in small claims.
Gather adjectives of your records, charge receipts, payments. Put them within chronological order. Even if you owe $1.00, the guard can and probably has run up the bill by tacking on tardy fees and interest penalties. In small claims, the plaintiff doesn't ask you question, the case is presented to the trendsetter. The judge next asks your defense and you present any relevant evidence and/or testimony.
How much are we chitchat about here? It basically seems so ridiculous to lug this to small claims. Have they been calling you trying to collect? This might be view as harassment and should be mentioned to the mediate.
I don't know what state you live in, but check your state law for Small Claims Court. Many states have limitations on when a Lawyer can acquire involved i.e. Claims under $500 can't own a lawyer involved. Small Claims Court be originally set up so that small claims could be settled in court minus any lawyer's involvement.
I agree with above. Have your documentation together contained by chronological order. I would include know your rights before you shift in. Use your computer and read the pertinent state statutes until that time you go to court.
My step daughters came foward relating my husband(dad) that their moms husband (stepdad) molested them...?
we took all the proper steps by unfolding the authorities. Mom set up polygraphs for the eldest daughter and her husband. She cancelled her husbands. The daughter PASSED hers. Mom still thinks the kids are lying. Step dad be arrested and released. My hubby(dad) has a court directive stating that the step dad is NOT to be present during moms visitation. Well mom decided this weekend that she wasn't going to follow it. Step daughter said step dad slept contained by garage, came surrounded by the house to use bathroom, get food. Step son go in jacuzzi near him. They also sat together surrounded by church. My husband and I are at our wits end next to this woman. Any suggestions?Answers: have hubby directory an immediate motion to show raison d`¨ºtre for contempt of a court order and an attendent Motion to modify custody.
and enjoy him do so through a local family ruling attorney. I would also suggest an immediate no-contact lay down listing the step-father and brother.
AND JUST SO YOU KNOW: The police can't do anything in need actually seeing for themselves the betrayal. All they can do is take a report and witness statements contained by support of the above motions.
I SHOULD ADD:
IF you wishhold visitation you MUST have possible ground to believe that you would be placing the children in vulnerability. If the stepfather is there when you drop bad the children, then beckon the police. Or, better still, call the station a few hours earlier visitation is to take place and ask for a civil standby officer to attend you.
Have a copy of the court order next to you so that if the officer finds the stepfather in residence, he can be escorted sour the property. Inform your children that if the stepfather returns while they are there, they are to telephone you (cell phone for each) and you , in turn, appointment the police.
Also, petition the court in the above motion to modify, for the appointment of a Guardian Ad Litem for the children.
Oh Gosh. Definately contact the authorities and enlighten them they are not following court-ordered guidelines...they can definately get within some serious trouble.
The childrens' safety is most meaningful.
The culture in your society is making me terrific, I am incompetent to answer your question. It will clutch at least two days for me to recuperate from your question. I am totally sorry to hear from you this type of story. God save your children, Yours,
vrvrao
check statutes/laws on your state website. within my state, visitation can be withheld by one parent if the other parent is not following the court's order. mom is a fruitcake for not believing her own children! if mom cannot provide a undisruptive environment, then petition the court for supervised visitation. the negotiator will definitely want to hear that step dad is around during visitation. they don't approaching their orders human being ignored...
First, document this - i.e., write it adjectives down. Dates, where etc.
Then check beside your lawyer, but I believe that if the mom doesn't comply with the court lay down to keep her daughter secure, then the daughter should not move about to the mom's house.
I'm sorry to hear that - it sounds like an evil situation. The
world have gone so bad - child molesters everywhere,
and the time of war situation intensifying into Pakistan. I think it
is going to be the start of an evil situation surrounded by the world.
It seems similar to the Devil is turned loose.
Have you been journaling what the kids are maxim about the visit?
Get the police involved. Show them the order. enjoy them talk to the pastor at the church where on earth the kids were taken because he may be a witness to the chairs arrangement.
The mom defied a court establish. She broke the law. Act in a minute so she gets a clear message that she is not getting away next to it.
Plus, get your kids into counseling. If the kids influence anything new to a psychoanalyst or counselor, that will carry more officially recognized weight than if they voice it to you. I know, it shouldn't be that way, but it is.
While you are busy chasing the imperative, did you remember that your daughter needs counseling?
Her counselor can support you on how the system works too.
Mission Trips to China?
My son is wanting to go on a mission trip to Hong Kong. They're going to "smuggle" Bibles into the country. I've be reassured by the person in charge of the organization that this is entirely past the worst, but I would expect nothing else from him. Can anyone please transmit me what the laws are about Americans bringing Bibles into China, distributing them to the Chinese and what the consequences could/would be if they are caught? I was told that if, at the border, they enjoy "too many" Bibles that they Bibles will be confiscated, a receipt given for them and after they will be returned to the Americans when they leave the country. I'm worried that this isn't exactly the satchel. Can anyone please give me some insight into this?Thanks so awfully much!!! God bless..
Answers: China has a growing Christian population.
I do not meditate bringing bibles into China is against the law.
What is against the decree is to stand on a street corner handing them out. That is where on earth religious organizations and religious relations get contained by trouble. The government could safekeeping less what culture do in private, it is doing it surrounded by public that is against the statute.
The only entity I have see handed out surrounded by public are business brochures and flyers.
I would contact the nearest Chinese consulate and talk to someone who know the laws within China. Not some low level clerk. Tell them honestly what your intent is, and not to foot them out in public, but a bit do it in the church.
Keep contained by mind, China publishes bibles. Probably done at the private level. I hold students in my class that fetch bibles. All in Chinese.
Finally, in the order of a year ago, there be an independent study done to see how many religious associates there are surrounded by China. It turns out to be about 5 times what the state properly reported. Those findings were reported surrounded by state, as well as private the Fourth Estate.
For more information on China, go too:
http://www.china.org.cn
Use their hunt engine to answer some of your questions.
Signed, an ex pat from the USA living contained by the heart of China.
Peace
Jim
.
I'll offer this surrounded by the interest of free speech as I'm not the least bit religious.
The group's best bet will probably be for everyone to enter separately -- on different days, at different times, and at different entry points, beside different reasons given for travel -- consequently regroup once inside the country.
What Chinese law say doesn't so much matter -- it is the enforcement at the border that will determine what go through and this varies from place to place, entity to person. I'd guess the likelihood are that a good proportion of files will get through.
I suggest contacting the Chinese Embassy or Consulate nearest you and asking.
Then enlighten them your son's group's plans.
Seriously, if someone in China considered necessary to read a Bible, they can get it themselves from someone already in attendance or online.
How would you feel if Chinese folks come here to knock on your door and convert you to their lifestyle?
Just a guess, but I bet the folks in your group guiderail against gays forcing their lifestyle "choices" on others, but you are sending your son halfway around the world to see if he can court others to adopt his foreign lifestyle?
Have you ever had a gay party knock at your door or anyone you know to persuade you to become gay"? I meditate not - yet you and yours do exactly that to others and not a soul in the world is safe and sound from your plans or "missions".
Hmmm...I'm just sayin' .
Can I file a small claim beside the Fairfield, Ca Small Claims Court if the incident occured at the SF Airport?
The defendants will be Northwest airlines, Covenant Security and AIG Insurance Co.Answers: The court would have to hold jurisdiction over the parties. if they adjectives operate their businesses in Fairfield, afterwards yes. However if not, afterwards you would have to dance to SF county.
You would file within the county where the incident occur.
Is torture a legitimate and ethical tactic to determine guilt?
Over 3000 innocent ancestors were kill in a dastardly attack. People are beheaded and innocent women and children are bombed. So does like standard of humane treatment apply to the people practised of this type of action?This is an argument regularly presented to condone torture. My question is this.
If we occupation someone and use torture to determine their guilt, how were we dependable that they were this type of monster formerly we tortured them. Is torture legitimate for everyone we invasion because we were attacked? They are barred to a trial because they are terrorist. Okay I won't argue that but unless they admitted to anyone terrorist under torture or be found guilty in a trial how did we know they be terrorist? If we think someone is a terrorist and torture them to force them to confer, then how are we sure that the human standard doesn't apply to them if they haven't confessed however? Isn't it possible that we might torture someone who is innocent? Is that justice?
Answers: Don't verbs the idea of determining guilt next to gaining actionable intelligence.
To determine guilt, no, it is not valid, nor markedly reliable. It simply stomps all over the concept of the Fifth Amendment's right against self-incrimination. Use the right torture on me, and I'd probably confess to things that never happen if I thought it would make it stop. After you verbs the first fingernail, I shot JR if you want me to have shot JR, and I also shot Abraham Lincoln, and I'm responsible for Global Warming, and I probably would claim to be the aim milk goes sour.
However, as a scheme to gain knowledge of adjectives events, plans for which can be independently verified, the reliability and self-incrimination issues go away, and adjectives you have vanished is the moral tradeoff between one person who intends to produce a lot of human suffering, and preventing that suffering.
Torture is neither lawful (it is against the Geneva Convention) nor ethical.
The perpetration of a crime (such as you describe at the beginning of your question) does not maintain another crime in response. This is tantamount to vigilantism - which (although we may sometimes sympathise beside it) is neither legitimate nor ethical itself.
and, yes, you're right - history is littered near confessions of guilt under duress of tortue from innocent general public - so it "proves" nothing except finding a convenient scapegoat.
Absolutely not. If we, as a society, say that correct things are illegal, consequently what separates us from the criminals if we lower ourselves to their level every time we want answers? It blurs the column between criminal and protector to the point where nobody is nontoxic.
On a purely practical level, it's pointless because you cannot trust the confession of someone who have just be submitted to torture - they'll say anything a moment ago to make it stop.
torture is not reliable to ascertain guilt or complicity, or to extract information - i would probably confess to anything, and verbs my mother too, under threat of have a hot iron rammed up my a**, for instance - but torture would be most adjectives as punishment after guilt is determined
I think the certainty remains is that in command to defeat terrorism, we can't use equal things which DEFINES us as being a terrorist too.
Torture is one of the bread and butter instruments of choice for them--before they assassinate their captives.
So why are we doing what they are doing surrounded by secret, but denying it so openly--even though we still are doing it?
If you occupation a criminal, should they not be tried for their crimes? What makes a terrorist any different? After adjectives, we tried the bombers of the '93 WTC attack in federal court--and nil bad happen.
We didn't lose our rights. We didn't torture or kill anyone. We unquestionably didn't invade on false pretense.
But now...? Everything's gone to hell surrounded by a handbasket. We've lost our rights as citizens, we're torturing people gone and right, withholding habeus corpus, rendition flights, and we've invaded on the assumption that an impotent third-world country with the world's 5th largest grease reserves--WAS A THREAT TO NATIONAL SECURITY.
It's no justice when we do it put money on to the terrorists in spades. It in recent times tells the other terrorists worldwide that the United States is no different than they are.
As a result, terrorism flourishes instead of diminishes.
But I don't believe Bush and company hold caught onto this quite on the other hand.
well, on the subject of the use of torture...it's a really stupid method of getting information; the person person tortured is simply going to say anything he thinks the torturer wishes to hear. one of my close friends was an army interrogator, and one dark he demonstrated that he could, indeed, get tangible information without the use of torture. whether for 'intel' purposes or 'guilt determination' purposes, torture is an unreliable tool. very soon, as to the ethics? whether 1 personality or 3000 died, we cannot allow OUR standards to deteriorate...is it justice we are after, or revenge? sprite is nearly always unsound; however, true vengeance is near-impossible...how may times can you destroy someone? we need to help yourself to extreme care that we not become matching kind of monsters against whom we're aggression! the bottom line for me? surrounded by a world where here is so much horror, injustice, and lawlessness, this nation needs to stand up as the example of what a free and open out nation can achieve...otherwise, what are we warfare about? cheap grease? 880 cable channels and disposable everything? we are dexterous of so much better...someone once said 'america will cease to be great when she cease to be good'...i agree 100%
What does it actually propose "dismissed with prejudice"?
Does this aim I can take indistinguishable case (with more proof)back to court?Answers: With prejudice money that a party's legal rights enjoy in certainty been determined and lost. To verbs the same example, if instead the court have jurisdiction, but the plaintiff did not appear for the trial, the court would dismiss the case "beside prejudice". That dismissal is a judgment against the plaintiff "on the merits" of the casing, and extinguishes the claim that was person sued over. However, this does not prevent an appeal or a trial de novo if ordered by a higher court.
See: http://en.wikipedia.org/wiki/Prejudice_%...
You are done/ the defence is pre-judged, and can not be filed again as it is already established.
Could a man with a similar given name sue and win?
Could he and what would be the chances of making it to court?http://www.associatedcontent.com/article...
Answers: trademark law are clear that there are geographical and business chain matters on the subject of names.
Look contained by any Yellow pages and see how man AAA tis or that within are.
If someone starts a "leopard taxi service" within NYC, then sure, the guy would enjoy a case.
I meditate he is just angling for a short time advertising and conceivably a free iphone to go away. Or else his attorneys are using him for like.
I also look into my crystal ball and see the words "vexatious litigant" surrounded by his future.
none as their parents choose the dub by birth presumably
If you changed it by deed poll that may be at variance
that's just silly. this guy is what is wrong beside our court system.
What are the rights and interests involoved when limiting freedom of expression in school?
I have tried straight out to find it but to no avail. Anyone?Answers: School is a place to swot up. Distractions should be kept to a minimum. If you want your kids to make political statements and such, consent to them do it at home on their own time. This avoids the appearance of endorsement or disapproval of any fussy position, event, controversy or other activity by the organization.
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