Law Questions and Answers
Do I need to PROVE the neighbor's tree be diseased BEFORE it does damage to my property?
My neighbor have several diseased maples lining her property. Several of its branches own come crashing down in storms and I've mentioned that they are clearly diseased/dying. Would I want to show any proof of our conversations/fallen branches in decree to get her insurance to clear for any damage to my home? My brother have a neighbors tree fall on his property and his insurance claimed he have to have sent them a memo before the disaster in decree for the neighbors insurance to pay for damages.Answers: You must place your neighbor ON NOTICE of the malformation. The best way to do this is to transport a letter to your neighbor Certified Mail Return Receipt requested. Absent mortal placed on notice, your neighbor (or his insurance company) can claim they be not aware of the defect. If you ensue to know who your neighbor's insurance company is, send them a CC: of the memo you send. Keep the communication short and sweet. Basically 1 or 2 sentences as follows: "BE ADVISED that notices is hereby made of current defect in the conditions of the Maples on your property. The trees are decaying and pose a risk of spoil to my property. Please do all specifically necessary to cure the malfunction, including removal of the trees. Thank You." Sending this type of letter will cover you for any claim against your neighbor and/or his insurance company if the trees ever reduce to rubble your property.
I would think that if the limb fell on your property causing defacement, when an adjuster came out they could see that the trees be diseased, and adjust/arbitrate the claim accordingly. So I would contemplate the answer to your question is no.
However to cover your allowed rear conclude, I would call YOUR homeowners insurance and explain to them the situation. Ask them what steps you should transport next surrounded by insuring that you and your property are covered should anything happen surrounded by the future beside the trees. They should be able to describe you what would and would not be covered, by which parties insurance company, and what if anything YOU stipulation to do to ensure that you are screwed in the wind up.
And it might be a good thought to double check that the trees are INDEED on your neighbors property and not on yours, or partially on yours. As this may come up if the devastate is severe, and if a property line assessment is done. Once again forewarned is forearmed, and it is best to know BEFORE an incident happen.
Good Luck. I'd be curious to see what the TRUE answer is.
The wood of maple trees is not very strong. Improper pruning practices, or simply no pruning at adjectives for the removal of dead, diseased, worn out limbs could as very well be the cause of the problem. Unless you hold a specific, reliable, diagnosis from an arborist, it may not be worth your while to claim "disease." On the other hand, taking photographs would be courteous to your case. I hold in times chronological removed huge limbs and even in one piece trees from over a home after a neighbor sent a notice (by certified mail) that the owner of the offending tree(s) would be held liable for any damages.
cause
Most likely, the old-fashioned lady only isn't taking care of the trees properly. Tree work can be expensive, sort of approaching dental work. Sometimes you can't afford to have the work done; sometimes you can't afford NOT to.
Should I turn these people within?
There is a family of four adjoining.They are all collecting social indemnity disability.
They live in a fabulous house next to acreage and designer furniture. They have 3 tardy model automobiles.
One of them is clearly disabled with muscular distrophy(sp?).
The other three (all adults) work for lolly in assorted ways: tutoring, stone mason work, interior decorating.
Between their change only businesses and social financial guarantee they are living a very upper middle class lifestyle.
Do you assume this is right?
Should I turn them in?
Answers: The mishandle of our social service network is an attack on the entire system, and is larceny from every taxpayer. Wrongfully collected payments are simple theft, not lone from the truly needy but from every honest citizen.
Report them. It is your duty as a citzen.
I would suggest only just to stay out of it. If they are doing wrong eventually they will get caught, because come on they are getting Social Security so they will/are paying some form of taxes, as they are "on the grid" so to speak. EVENTUALLY if things don't donate up they will get audited, or otherwise investigated, and if they are indeed doing something illegitimate will have one heck of a mess/headache contained by repaying what they own and finance charges etc. The govt really know how to stick it to you if you mess up.
If you get involved and it comes to oil lamp that you turned them in, it could cause life for you contained by your neighborhood a nightmare. Either they will have done wrong, and will despise you for it, or they aren't doing anything wrong, and will resent you for assuming they are.
So amass yourself the headache, and see how it turns out.
I have discovered that what go around comes around. You may not be around to see it. But let it come up. If they are doing something wrong, they'll get caught.
I know it's tough when you work and work, salary your taxes and see something, or someone, that appears to have circumvented the system. Seems so unmerited.
Just sit back, do your share and consent to what's going to happen - - ensue.
Sounds like you be fairly close to these culture in yesteryear if you know this much about them. If they wronged you surrounded by some way, clutch them to court. Your plan sounds petty and vindictive. If you weren't close, live your life and permit others live their own.
Edit: Wow...no support from the peanut gallery. Of course, no one could get the impression morally superior if everyone was surrounded by agreement with them. Best not consent to people consider for themselves.
If you really feel they are committing fraud, you can anonymously report them to the Social Security Administration.
Make sure you do it anonymously or otherwise you could possibly be liable for damages should their undertakings be perfectly allowed --- not to mention the poor rapport you would have near them thereafter.
Should youths in juvenile court proceedings be given like Due Process protections as Adults?
Answers: Due process of law stands for open-minded process of law or unbiased treatment. Its a constitutional guarantee equally emphasized by precedent regulation. Age cannot deprive a person of rights which are available to other citizens. The disability appears to surface surrounded by the matter of contracts. However even surrounded by matters of contracts the minor is represented by his guardian. It is another issue whether the minor revokes the contract on explanation of fraud etc, when the minor turns major.
Yes, and that be already decided contained by "In re: Gault."
Should i do a background check on a internal hire when becoming a manger?
Answers: it is traditional to do a environment check when someone moves up into management. However it is also traditional to run one previously you hire at entry level. If you do not suspect someone of anything previously promoting them I see no reason to run another environment check as it will cost the company unnecessary money.
I consider background checks, ethiclly, economically and morally wrong.
If you do one on someone thats be there for awhile and he/she is a apposite worker and then intercede him/her on the basis of a fruitless background, you'd be ruining his/her reputation and errand which he/she has worked maybe for years trying to not have.
Thats one of the biggest problem near background checks. It can be too well used to destroy someone over it. A lot of companies at the present time are using background checks to not hire someone or not promote someone purely on their past mistakes.
There are errand application form where nearby is a question stating something close to: Have you ever been convicted of a felony? Its really no ones business if you be because you did your time in prison or lock away. Your left out usually on parole and released thereafter. Society at this point should check out of you alone to make your own route in enthusiasm without these problems. If you do comitt again after that on, well after, you *** should be put back contained by again, maybe for natural life.
Don't give me this baloney nearly social impact statements and such. Society has a responsiblitiy to filch care of its empire, no matter what happen. There are exceptions, of course. But, I'm not even going to step there.
What get me, is that some companies are using these background checks to not hire or promote, eventhoug the crime they comitted be not even related (in any way) to what their hired or promoted to do.
The destroyed person really have no recourse other than the courts for nouns on the job, or jump in in that with a gun and kill in cold blood everyone in verbs.
I wouldn't do it, but I fully understand why someone would.
Added 1/02/08
Ginger, Background checks are not "Traditional" surrounded by any way, shape or form. The single reason why they are used immediately as frequently as they are, is because the method of doing so have become deeply cheap and effecient, partly due to access to the Internet, etc.
True, near were conditions checks before, but it have to be for a real angelic reason and be done by someone close to Magnum PI, sometimes with shady reputations themselves. It be very expensive to enjoy one done.
This is really only a recent nouns in the art and use of facts and personal information gathering capability of modernized technology. And to a very colossal degree, its not Uncle Sam doing it any. In fact, anyone can enjoy a background done on anyone, anywhere in our time.
The availability of personal information that anyone can get for a small excise is frightening.
Added; 01/03/08
Thank you for clarifing your position Ginger.
I do agree it should be done in really extreme conditions. But, I don't agree it should be done ad-hoc lately because its a companies best-interest policy. Too many mistakes can be made by manager that have ego a mile high.
All this really boils down to is the conflict between regulation and labor, the health and privileged circumstances of a company or corporation and not the personal liberties and rights of its workers.
I am running my own company, though at this time its individual a one-man machine shop. If I be to hire someone, I'd base my conclusion on; is he/she qualified to do the job. I can't include what that personality did in the recent past. If I did carry this to an extreme resembling some managers would and do, partially the people of america would be out of work, totally. In ohio, right in a minute, statistics show that at least 20% of adjectives males have be in sentence to prison or prison or are on parole for comitting a large assortment of crimes. I can imagine here is even a larger amount of people who hold been verbs for a long time and not comitted again. I'd really hate to see this statistic.
Believe it or not, nearby are companies that put into their job application forms stating that we reserve the right to investigate your private natural life, in your home, if you are hired. This can mingy, not now, not within a few years but being investigated years after you worked in attendance. I know this from personal experience from a job application form.
I asked the interview why that statement be in within. He said its been contained by the application for years and if it were to be removed, it would bear our lawyer to do it, which they weren't going to do.
As a process of making a social statement and exercising my freedom of speech, I literally threw it in the facade of the interviewer and walked out. Believe me, the entire organization heard it too.
But, approaching you said, and I totally agree with you, if you don't suspect anything, don't run near it. If you do run it, and find something that is totally irrelevant to work, later disregard it. don't be unfair going on for it.
Peace:)
That would depend on if they would be have access to sensitive substance in the unsullied position that they did not have contained by the old position.
Employee rights?
Ok here goes,A friend go out on a "works night out" beside fellow staff members for christmas, after the company raffle and buffet etc.
Most of the staff travel to a nightclub where on earth lots of drinking goes on. Without any WARNING my friend get basicallly slapped/ shoved in the team leader by his manager. My friend is really annoyed by this and say many a foul article but is taken away by other members of staff. My friend immediately thinks that he could possibly lose his commission because of this. Can someone please give some nouns, honest opinions on this concern. I have said to my friend if his superior wants to manufacture a "situation out of this" and pay him sour, he could counterclaim by accusing his manager of "assault". Can anyone relieve with "sound" guidance on this matter?
Many gratitude... and hope everyone has have a happy brand new year.
Answers: Inappropriate behavior in a pub, shaft, hotel or casino by anyone irrespective has zilch to do with ones employment. Human beings can nurture grievances against the others but it is not other that those grievances are expressed in a comportment which can bring disrepute to the parties concerned. In this covering Employer cannot take risk to put into jeopardy his reputation by firing your friend. After adjectives he will not be naive to construct this incident public.
As regards decriminalized remedies any criminal action against the employer would be a far fetch idea. The idea being that the criminal tenet besides recognizing commission of offense also pinch into accounts the delay surrounded by reporting the offense. The case of an aggrieved creature gets feeble by the lapse of time and finally has no consequences. However the civil decree provides an adequate remedy to a being who has be deprived of an advantage/interest unfairly. The claimant/plaintiff can also sue the employer for damages etc.
Assault - press charges.
Are you sure he isn't making a mountain out of a molehill and it be really just larking more or less
Your friend needs a advocate. He is the "subordinate" so the field is already slanted. Tell your friend to draw from a lawyer up to that time his boss horse f***s him.
Good luck
I suggest you change your choice of friends ASAP.
I don't know more or less the legal position, but I'd hold said that if the boss tries to sack your friend for the abusive poetry, as long as there be witnesses he could claim assault. If the boss tries to say it be just a banter or it was irrelevant to work because within public, then it follows that your friend can articulate the same nearly the abusive lexis. Good luck!
Now this is the very object why they say don't munch through where you crap. I construe things just get out of hand for both party, and if this manager is an full-grown, then he will hold the two separate. If for some reason the executive takes it out on your friend, and fires him for some petty principle, I would do as you suggested, go backbone to where the events took place, seize written documents from the wittiness', , do your homework before approaching the counterclaim. I would even own all this homework done and approach his boss' boss. and staple the manager of his professionalism. Things will be odd at first in the work space, but enlighten your friend to be the bigger and better person and play the cards cooley.
You hold the right to remain silent.
If you give up this right,anything you enunciate can and will be used against you
You have the right to an attorney.
If you cannot afford one,one may be appointed for you.
Are in attendance any questions?Do you comprehend these rights?
CALL Your family's attorney to represent you.
Rules of life to follow,,
1. Never attend a Party be alcohol and management are
contained by the same room together.
2. You would hold one heck of a time proving assualt, If there
be no injury for the exception of ego. your friend should have
removed himself from the leisure and went somewhere else
or home.
3. Nothing right is going to come from this,,, This manager
have already proved himself to be a jerk,, and your friend a
bigger push.
4. You have no allowed leg to stand on,,, You can't sue , you can't
even go over this guys guide to higher regulation,,
5. Read nbr 1 over and over,, and take it to heart.
You might try have your friend sit down with this planner
and ask him what caused the hypersensitivity,, and could they
possibly work this out,,,
Then if there is a problem continuing, you after might be able
to bring a rationale of action against the Manager.,
Good luck
If nearby are witnesses to this incident then I would thieve it further am not to sure if the police can get involved very soon as it was not reported straight away. I would put a complaint within against the manager near someone who is higher than the supervisor as even if you are not in work and you are on a works dark out you have to respect your work colleagues. If your friend is beneficiary of union I would report this to the grouping Representative as well.
Questions about constitution bill of rights etc?
All question are mustiple question and theres individual 1 answer to each of them i would greatly apriciate it if u would answer thankfulness to all who doThe provision for the U.S. to stress war is found where on earth?
1.3rd amendment
2.14th amendment
3.the constitution, section 8 of article 1
4.the 26th amendment
In Article VII of the constitution, Benjamin Franklin represented
1.Founders of the sovereignty bell
2.Pennsylvania
3.The president
4.Texas
The right to be free from cruel and unusual punishment is guaranteed by the
1.9th amendment
2.6th amendment
3.Supreme Court
4.8th amendment
The right to a trial by jury is guaranteed by the
1.9th amendment
2.6th amendment
3.supreme court
4.8th amendment
Amendment 1 prohibits congress from controlling the
1. press/newspapers
2.declaration of time of war
3.collection of taxes
4.election of the president
"rights" for washington D.C. are coverd by amendment
1. 23
2.26
3.22
4.24
i would apriciate a number for the response thx
Answers: 1. 3 Declaration of War is found explicitly within the Constitution, not in an amendment.
2. 2, Pennsylvania
3. 4, 8th Amendment
4. 2, 6th Amendment
5. 1, press/newspaper
6. 1, 23rd Amendment
The provision for the U.S. to affirm war is found where on earth?
3.the constitution, section 8 of article 1
None of the others are correct. Only Congress can state war and that is to say covered in the slice that describes the powers delegated to Congress. It is not an amendment of any sort.
In Article VII of the constitution, Benjamin Franklin represented
2.Pennsylvania
The right to be free from cruel and unusual punishment is guaranteed by the
4. 8th amendment
The right to a trial by jury is guaranteed by the
2.6th amendment
Amendment 1 prohibits congress from controlling the
1. press/newspapers
"rights" for washington D.C. are coverd by amendment
1. 23
The 23rd amendment describes Presidential Electors for DC.
Other "rights" may come from the 10th amendment.
The ENTIRE Constitution be originally written on 4 pages. The Amendments collectively would compress no more than 5 similar pages. You enjoy the SPECIFIC sections to find your answers within. You would have be done by now if you merely READ the Constitution.
Why is it when there is a crime inhabitants automatically assume that the felon is black?
I don't get it. I'm not black. But it seem that people relate black relations with crime. Why is that? There are basically as many folks from all race or skin tones that commit crimes, at least to me.I once told a woman about a report story where a mother down the road from us kill her child, filed an Amber Alert the afternoon her hubby was coming home from Iraq to cover it up. The first piece the lady asked me be what race this being was. I said, caucasian. "Does it matter", I asked. She said it does, and that she notice that most people she hear about committing crimes are black. Now this is coming from a hispanic female that I met.
Then my mom, who is asian, who's trying to get into low-income housing asked if I thought she would be out of danger in the small neighborhood (close-knit community) because it be nothing but black empire. That really surprised me since my ex-stepfather was black. Her fiance beforehand him was black. We're still friends near my ex-stepfather.
Answers: Unfortunately the statistics do confirm that blacks commit proportionally more crimes.
But you must remember this is not a function of race, but a bit one of environment. If say, orientals be raised within the same environment instead, it would be orientals beside the highest crime rate.
My mother works surrounded by a prison with almost 5,000 inmates. about 300-800 are white, 700-1,300 are hispanic, and the rest (3,000 - 4,000) are black. She can't afford to be color blind when three other workers from the prison hold been kill by friends of people within the prison in the parking lot. Yes, adjectives three were caught, yes adjectives three were black.
Maybe this will give support to.
http://www.ojp.usdoj.gov/bjs/glance/jail...
Statistics don"t lie.
http://www.ojp.usdoj.gov/bjs/glance/tabl...
Sorry that this is not a PC answer. I believe contained by truth, not "PC."
Economically speaking, the black population is generally poorer than the white population. This go back to historical consequences of slavery and colonialism.
Just because a family got freed, or equality, does not imply they instantaneously same place in the monetary system. They might have equal access to getting into giant school, but not getting into college.
If Republicans win subsequent Presidential election, Affirmative Action and Abortion-rights are deceased, because 3 more Supreme Court Justices soon will need to retire.
Our systems are stacked against poor population.
Rich people can capture a better lawyer to try to get hold of them aquitted of a crime.
Different groups of people resembling drugs in different forms & the law treat certain methods of taking drugs more severely, irrespective of the amount of drug consumed.
Some types of technology, such as DNA, is frightfully expensive to use to find who done it, which routine police have smaller amount of a budget left to encounter other kinds of crimes, which money there's whole category of crime where almost not a soul is being caught.
Did you know in the region of the Innocence Project?
People were sentenced to demise, when technology not advanced as much as today, still have evidence that can jump through modern day science. People mortal found who were sentenced to demise, where modern time science says they could not enjoy possibly done the crime.
Go on a road trip across country, hit every major city and spend a few days contained by each driving through the an assortment of neighborhoods.
If this doesn't make you realize what's going on, next you just wont' see the lighting, and understand the "statistics".
I need the website to the website contained by memphis tennessee that i can check and see if a person have a warrant?
it has somthing to do beside shelby county warrants or something approaching thatAnswers: try this address-
http://www.shelby-sheriff.org/programs/w...
i think it have info and instructions. Also it gives the relationship to the actual search site-
http://www.shelbywarrants.org/
How can you get felony off of your copy.?
Everyone does background checks at the present time and no one desires to hire a convicted felon. How do I get rid of the felony? How do I hide the convictions?Answers: The guy above is correct except that lately because a Judge wants them to be expunged for you does not be determined that it always come up.
Depends entirely on the laws of your Country / State.
Some countries allow expungement, some don't. In the US, some States don't allow expungement at adjectives, some allow some types, some allow almost all.
The actual process can also swing from simply filing a request form that you can do yourself, to a complex set of steps that desires a lawyers give support to.
Richard
Deadbeat Dad?
Just curious. Kids 28 & 26. Court ordered child support NEVER enforced or collected since 1980. Almost 30 years later, hold located the Dead Beat.is there anyway to collect the wager on child support after this long? Not that I need the money immediately, but i feel he owes it to them.Answers: You could possibly grasp a judgment against your ex for stern (court-ordered) child-support.
There are, however, a Statute of Limitation in some states (there are also states that enjoy no Statute of Limitation) on how long after the youngest child that he was ordered to support reach majority.
Hope this helps
The kids own to go for it. However since it's channel past the statute of limitations, you enjoy to stay out of it. My kids are 31 and 34 and just found their father. They enjoy to figure out how to work in the law. You won't receive a penny. It's up to them. Sorry. It's ugly.
Once your kids are bygone 18 you can't get spinal column support. Everyone out there who think you can, sorry, not true. Only the kids can get times gone by due support. Call a lawyer and see.
Good press.
I think it would be easier said than done to do. If you can't afford a lawyer, contact Legal Aid, and see what they own to say. Good luck.
I hope you can rest something. I would sugest to get a lawer and see what they voice. Go Get em!
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