Law Questions and Answers

What is the salary for a Justice of the Peace contained by Ontario?

Answers: I assume you mean Ontario, Canada. In that skin, it can be found here:
http://www.canlii.org/on/laws/regu/1994r...
and
http://www.canlii.org/on/laws/regu/1994r...

It ranges from $64,396 to $93,621 - CDN.

What is a fiduciary? Can the same entity be a fiduciary, conservator, and guardian?

If the wife is not capable of taking contemplation of her disabled husband, can her son petition for all of the above? If she leaves short divorce, does she forfeit all his assets if she loses his guardianship? Is the wife entitled to the entire profit from the mart of real estate when her husband be half owner, only just because she has his Power of Atty.? And can any of the father's assets be used to payment down the real estate where on earth he lives to assure that the money is there if it is needed after that? Our desire is to to pay down the principal and cut back on his monthly mortgage payments while he is living there, and know how to borrow against the equity if needed. Mom wants to be free of us adjectives; she has sold their property and plans to purloin all his assets and run. Will this adjectives require a change of his will, too? The son have been taking attention of him for a year already, we just want to maintain him from being put into a home.
He requests to stay there until he dies, and he deserves a righteous finish.
Answers: I wish I could administer you a good answer. Laws concerning this vary from state to state. Even so, question like this should solely be discussed with an attorney. It sounds to me approaching you should see an attorney A.S.A.P. Once the transaction is completed, it might be difficult to regain the profits from it. Tomorrow is Sunday. Call your father's attorney if you know who he is (and he is trustworthy). Otherwise, call your own. Let the answering service know that time is of the essence, and you obligation an immediate consultation, ON SUNDAY.
If he won't, try to find one that will. Good Luck!

How much jail time for 2nd DUI contained by Florida??

In november of 2007 a friends dad got a DUI and get 1 year of probation. In december he got arrested for a 2ND DUI and is still sitting within jail right in a minute awaiting his court date. This is in FLORIDA. Does anyone hold any idea as to how much intern time he will get??? I know he should probly be surrounded by there forever but lawfully speaking how much would they give him???
Answers: Here is a cooperation to give you the exact depending on whether it be 2nd withing 5 years or 10 years and what his blood alcohol level be.

http://www.richardhornsby.com/dui/penalt...

Is there a lawful document for this???

A document that states who gets custody of our son surrounded by the case within which something were to come about to my husband and I? We want something that is rock solid. We be going to just write it out and sign near witnesses but I just don't want in that to be any loop holes. We are located and Texas, and if there is a document for this where on earth would we be able to return with one?
Answers: You will need a will. I strongly suggest you hire an attorney. If you produce one mistake, or you use a form that does not comply with Texas ruling, you could cause your loved ones a large amount of frustration and expense. Many attorneys will prepare a simple will for a very sound fee. Sometimes, the levy charged is not too much more than the do-it-yourself kits.

Since you're worried more or less loopholes, here is some practical advice. In naming a guardian for your children, consider adjectives the possibilities and make sure that you heading at least one successor to your first choice, in recent times in armour the first choice declines or is inept to serve. If you name a married couple as guardians, provide consideration to what would happen if that couple get a divorce. Make sure that's in the will.

Further, don't pick someone as guardian a moment ago because they are good next to money. You can always signature that person to conduct yourself as trustee of the funds your child would receive. Instead, when thinking of a guardian, consider who would look out for the emotional and physical well-being of your child and consent to that guide your decision. Don't allow a court to trade name that decision for you.

Depending on your own personal circumstances, at hand may be other important considerations. Keep contained by mind that a good estate attorney will discuss these considerations near you. A do-it-yourself will kit may or may not. Don't pinch that risk.
Im sure there is somethng for that. You would hold to ask child welfare/adoption agency for more details.

I think what happen is that you should have several general public who you think you trust and they agree will cart care of your child should anyhting surface to the both of you. The adption/welfare people will want family connections members first similar to uncles aunts etc as first choice, then ancestral friends. Talk to a lawyer on this one.
What you are chitchat about is call a "will".

You can buy State-specific will kits at any bureau supply store, or a lawyer will draw one up for you for anything from around $100 up depending on how complex it is.

Richard
A will AND a living will (in case you are within a coma, incapacitated, etc.)

This is important because of the potential money involved and/or if in that are other siblings things could get harsh regarding custody issues. You may not deduce it is an issue but you never know.

I'm legal guardian (also within Texas) of my three nieces (yikes) in bag something happens to my sister and brother in-law. They looked-for to be sure things were 'set surrounded by stone' in bag something happens.

Call a advocate, it isn't that much and well worth it.

Happy New Year!
Yes, its call a Will. You should have an estate tenet atty draw one up for you, don't use those forms you can get online. If you screw it up and someone contests it, you won't be around to explain what you expected. An atty can do a basic will pretty inexpensively, and its worth the peace of mind knowing your child will travel to the people you want.

Need clarification about Double Jeopardy?

I'm for a moment bit confused about the 5th amendment (double jeopardy).

Let's read aloud that someone was tried and acquit of murder, but some time later unmarked evidence was discovered that may prove the suspect guilty. Can they, or can they not be re-tried for that same murder?
Answers: They cannot.

Once tried and acquit, a suspect cannot be tried again for the same crime.
no they carnt. deeply it says that you can not be charged for one and the same crime twice.

an example is if someone is tried for attempted murder and the person following dies the charges can not be updated and they can only be charged near attempted murder.
The admendment says no, but attorney and judges are creative.

Remember when the cops get off for state plane excessive force against a minority a few years ago, but the feds brought them up on some racially related charges.

I can imagine someone person charged with 1st scope murder and being acquit but then individual charged with second scope murder or kidnapping when unsullied, almost undeniable evidence is discovered.

Or if the aquitted of the crime but is later charged near someother crime, the system may find a way to endow with them the maximum sentence to unlawfully punish the person who be previously aquitted of a totally different crime.

Take OJ Simpson for instance, do you think that if he is convicted of his most recent antics involving breaking the law, that the equality system is not going to take a wack at making him rate for the murders he was aquitted of.

Through the looking cup Alice..
They CANNOT be re-tried for murder, as they've already been acquit. This DOESN'T, however mean that they can't be charged surrounded by civil court for damages.

If you've ever seen the movie (ironically called) "Double Jeopardy", it illustrate my point exactly. The woman was framed for a murder she didn't commit (the scumbag wasn't inert..he just considered necessary her out of the picture/in jail)..she went to send to prison, she was permit out on parole after serving her time..PROVED he wasn't dead and next killed him. She did her time for "murdering" him already...so she can't be charged beside murder again because (in the eyes of the court) her being sentenced for it within the past channel she DID murder him..and that he was, indeed, unconscious. You can't re-kill a "dead" person.
Sorry to verbs you.
Under some circumstances:

If a murder took place inside a national park, it could be tried seperately by the federal and state jurisdictions. Even if one of the jurisdiction found the defendant "Not Guilty".

A kidnapping that crosses state lines can be tried by both states and the federal establishment, seperately, as well.

What can't begin is that the same state cannot twice try someone for equal crime.
You only obtain one bite at the apple, as they say.

The burden of proof is on the prosecution. If they move about to trial, and don't meet the burden contained by the eyes of the jury, then they don't bring back to say "oops, I don`t know next time I will do better or draw from luckier".

As for the earlier poster, if OJ is convicted of the untried charges, he will be sentenced for those charges only. the charges are much smaller number serious, and not even in duplicate state as the charges for which he was acquit.

When does it become stalking?

so, at what point can my ex bf say i am stalking him. How plentiful times can I call his house and sway up or slowly drive by his house before he can beckon the cops and say i am stalking him. Is it undemocratic to sit out on a public street outside his home. How many hours can i justifiably sit on the road outside his home? These are in recent times random question. But seriously...i'm curious. Is it also ok to look in his sports car windows as long as i dont enter his saloon and take anything? Just curious...
Answers: The canon varies by state, but largely, you can do that stuff all you want, and it will never be stalking. You cross the stripe when you become violent, or threaten anger against him or people associated beside him.

In my state (Illinois), the law states:
(a) A party commits stalking when he or she, knowingly and minus lawful absolution, on at least 2 separate occasion follows another person or places the personage under surveillance or any combination thereof and:

(1) at any time transmits a threat of instantaneous or future bodily mar, sexual assault, confinement or restraint and the threat is directed towards that person or a people member of that creature; or

(2) places that person within reasonable apprehension of instantaneous or future bodily damage, sexual assault, confinement or restraint; or

(3) places that person surrounded by reasonable apprehension that a relatives member will receive instant or future bodily impair, sexual assault, confinement, or restraint
It pretty much becomes stalking the minute you stop acting resembling a normal human anyone and stop treating him like a ordinary human being.
If you can't be off him alone and think of other things for more than 20 minutes, I would right to be heard you definitely enjoy a problem.
If you can't forgive him, you really have a problem.
He is your EX-boyfriend - you enjoy no reason to be around him whatsoever. It become stalking when you call him and you enjoy absolutely no principle. It is also stalking when you drive past his house next to the hope of catching a glimpse of him - especially when he does not want you there. You should emphatically NOT be looking in his saloon windows any.

What he gets up to contained by his own life is unquestionably none of your business anymore. Get over him. Just go away and hand down him alone. Find yourself a new boyfriend and stop obsess. It's not normal and it's not well. :-)
Please move on for your sake. You surely hold something
better to do! No person is worth that much trouble and what
will it return with you to stalk within permitted reasons. All question you
asked are creepy and sound thought out not unselective.
I am sorry if it ended feebly but it is OVER, so get your
self busy. Do not kick into a relationship until you are
over this one. Go do exercise walk your dog or friend's dog
call round family or friends etc simply get BUSY so you will not presume
of him.

Atheists, if you were contained by Court for some crime?

and the judge asks you to pick up the bible and swear on it, Im curious as to what you would do and say aloud to the judge?
Answers: I'm not an atheist, but I would conjure they'd go ahead and swear on the Bible, as instructed, and later feel free to lie back all they want!

May God bless you!

Happy New Year!
Swearing on a bible is no longer run of the mill practice in most States. The majority language at the moment is "I swear or affirm..."

Note that even people who don't lift an oath (Some religious groups have objections) can still be convicted of perjury if they deceit.

Richard
As an agnostic, I would inform the judge of that, and make clear to him I dont have to believe contained by fairy tale to be an honest and moral person.

Actually, courts get hold of that all the time, and dont require a bible oath.
As it is not worth the hassle, or the bias and bigotry, most atheists I know would swear on doesn`t matter what they asked us to.

The important aspect of this is that you swear to update the truth. Who cares if it is "on a bible" or not.

I've never met a true Christian who would pull the wool over your eyes in court fairly there be a bible or not.

But know many artificial ones, that would lie to their preacher or their mother and not bat an eye.
I am not an atheist, but the court make out religious dissent
and should not require placing the hand on a religious document. What the courts really want is a statement that you acknowledge permissible responsibility for your testimony.

By the mode, the reason we hold up our right foot is because, a few centuries ago, it was adjectives practice to brand a "T" for thief or "P" for purjurer on that appendage. Raising the right hand would show the world your lawful history.
Welcome to the 21st Century.

Hello?

There is nowhere in American courts where on earth "swearing on a bible" is used anymore. Nor is "swearing to god" used.

If a witness wishes to use a bible or other religious text, one will be provided.. Otherwise, one one and only swears to tell the truth, the adjectives truth..on his/her honor.

That "bible" business was done away near a long time ago.

Not even the Presidential oath requires one.here:

Each president recites the following oath, surrounded by accordance with Article II, Section I of the U.S. Constitution:

"I do solemnly swear (or affirm) that I will reliably execute the office of President of the United States, and will to the best of my capacity, preserve, protect and defend the Constitution of the United States."

Swearing to some god thingie is a business of personal choice only.

Is stalking a crime in Australia?

Answers: Pretty sure it is, but did that ever stop you past?
Australia
Criminal Code Stalking Amendment Act 1999
"Unlawful stalking" is conduct
intentionally directed at a person (the "stalked person"); and
affianced in on any 1 incident if the conduct is protracted or on more than 1 occasion; and
consisting of 1 or more act of the following, or a similar, type-
following, loitering near, watching or approaching a human being;
contacting a person within any way, including, for example, by cellular phone, mail, fax, e-mail or through the use of any technology;
loitering close by, watching, approaching or entering a place where a human being lives, works or visits;
going away offensive things where it will be found by, given to or brought to the attention of, a creature;
giving offensive bits and pieces to a person, directly or indirectly;
an intimidating, harassing or threatening perform against a person, whether or not involving belligerence or a threat of violence;
an stroke of violence, or a threat of severity, against, or against property of, anyone, including the defendant; and
that-
would cause the stalked being apprehension or fear, possibly arising in adjectives the circumstances, of violence to, or against property of, the stalked entity or another person; or
cause detriment, reasonably arising surrounded by all the circumstances, to the stalked personality or another person

contained by other words yes it is a crime to stalk someone in australia
Yes. See My Source For More.

1.
All Australian jurisdiction currently have stalking legislation, however, the legislation differs
across the states. In comparison to other nation, Australia’s legislation is quite stringently defined,
focusing upon the extreme examples of stalking behaviours, and relying upon predominantly
subjective understanding of offenders need to intend to cause damage (see Sheridan and Davies,
2000).

Texas has a $50.00 mark off ticket, are you pissed rotten?

why does the state of Texas allow this? the biggest % of players are in the mid to lower income group even the welfare recipient, many households do not purchase the necessities because of theier pursuit of the draw from rich quick scam that the state pushes beside their commercials showing happy relatives saying how much they only just won on a single scratch stale, they don't show or tell you how plentiful have not one and are constantly chasing that slippery dream of riches,
Try and operate a gambling business on your own (bookie) they will arrest you contained by a flash., yet the state is doing the exact same piece promoting gambling.
Answers: State lotteries are HUGE export tax revenue machines.

That is why so many states are allowing within casinos.

They can't get us to rate higher taxes, so they trick us into wanting to afford them the money.

Disgusting isn't it?
Ben Franklin once described State lotteries (which were terrifically popular in his time) as "A due paid solitary by people who're impossible at arithmetic".

Richard
Maybe those who cannot afford will learn a
costly lesson.
No, the culture of my state(I am from Texas) voted to allow the lottery. Your right, it is a false path to luxury and riches.
The first $1 million dollar winner have used most of her welfare payment to purchase her tickets. The form of the spectator sport has changed since afterwards. But it is still a volutary tax.
lotteries duty the poor and the stupid. I buy them very sparingly. I only bought $6 worth, first time in months. I am track ahead of the game so far. I must enjoy won $120 on 20 bucks of tickets. It will probably eventually catch up to me. seeing how i solitary buy $2 tickets and only once within a long while, I'm fine. most people buy mode too many though. If I hadn't of spent that money on those tickets, adjectives losers, i would have bought cast-offs mall food which would hold been worse for me.

Is sex between a 15 and 16 year old unconstitutional?

is it considerd statutory rape?
Answers: One answer to questions roughly speaking sex is that, if you have to ask if it's decriminalized, it probably isn't.

Anyway, in Michigan, § 750. 520b et seq. states that Third-degree criminal sexual conduct is sexual access with someone between age 13 and 16.

That vehicle the 15 year old cannot lawfully consent to sex, and the 16 year old can be charged near a sexual offense. For an adult who commits the offense, it could suggest up to 15 years in prison. I don't know what sort of sentence a 16 or 17 year feeble might get.
Depends ENTIRELY on the law of your unnamed country and/or State.

The age at which it's legal to enjoy sex outside of marriage ranges from 12 years elderly to it's never allowed, depending on your country.

Richard
In All of the United States it is illegal, but I don't know roughly speaking foreign Countries.

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