Law Questions and Answers

Does the 13th Amendment really ban slavery?

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime where on earth of the party shall own been duly convicted, shall exist inside the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have the power to enforce this article by appropriate legislation.
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Okay, slavery is not permitted..."except as a punishment for crime where of the body shall have be duly convicted..."

Could this be parsed in such a bearing as to permit slavery as a punishment for crimes? "This court sentences the defendant to be sold into slavery, beside the proceeds remitted to the United States Treasury."

No, I don't advocate this...only just asking what (besides political good sense) stands surrounded by its way.
Answers: Well, this is an example of how a statute can be logically interpreted surrounded by two ways, and of how the limitations of the English language can create work for lawyer. The question is twofold. First, is involuntary servitude different from slavery and, if so, does the limiting clause ("except as a punishment for crime...") modify both "slavery" and "involuntary servitude" or a short time ago the latter?

To the first part of the cross-question, I'd say yes, or why use both phrases? (An impulsive Supreme Court decision supports this, maxim that the “word servitude is of larger meaning than slavery.”). To the second, I'd read out probably just the latter, surrounded by the same instrument that in the sentence "Neither oranges nor apples, except Granny Smiths, shall be allowed" the exception one and only applies to apples. There is some ambiguity in the sentence structure, but my incredibly strong hunch is that any judge who to attempted to sentence someone to be the slave of another creature, even for a limited time, would be overturned on appeal. I believe a clear problem would be that the servitude would be to the private being rather than to the system. (Ordinary forced convict labor is permissible.)

This is only an aside, but in the sitcom Seinfeld, the pilot show Jerry and George wrote truly had as a premise that a uninsured motorist be sentenced to be Jerry's butler to pay his debt. This is call peonage and has in truth been determined to be unconstitutional by the Supreme Court. The situation suggested contained by the question might all right be seen as a form of peonage.

[To Evans_mi...: the draft has in reality been challenge on the basis of the Thirteenth amendment and withstood the oppose. See Supreme Court cases cited in the source below.]
The Thirteenth Amendment to the United States Constitution properly abolished and continues to prohibit slavery, plus (with constrained exceptions, such as those convicted of a crime) prohibits involuntary servitude.
what they have within some states is debtors prisons and your required to do so called slave labor to take-home pay off the debt

plus alot of bent immigrants sign a memo of servitude that some states decree is duplicate as slavery
You're right. The government could intensely well get rid of criminals as slaves as the Amendment is worded. It also makes the draft unConstitutional for any law-abiding citizen.

Edit: To Adam contained by Philly below: Yes, I see where the Supreme Court determined one's "debt" to the command isn't absolved by the Thirteenth Amendment...I also saw inwardly the links you provided 220 instances of the High Court reversing its previous rulings in subsequent cases. It one and only need be challenge again...and I don't recognize a unconscious born "debt" to the US government. As to your "Granny Smith" example...one would merely have need of to name a brand new variation of oranges "Granny Smith" oranges to craft it apply to both. I've seen crafty politicians bring about more with smaller amount. Look at how much fun they've had beside the Second Amendment.

Accutane class action suit?

is nearby such a thing?
ive looked on the web, but u know, the net is not a reliable source.

if it does exist, does anybody know anyone that have been involved within that suit?

how do class action suits work?
bc I wz artificial by taking that medication, nothing serious.
Answers: The appointments to date have not be class actions, but individual suits seeking traditional personal injury/negligence/products liability remedies. Several own gone to verdict, and, within the case of several heart attacks and liver prejudice allegedly caused by Accutane, the verdicts enjoy been within the millions of dollars.

I got caught nouns?

im a freshman in high-ranking school and i get caught shoplifting. i realyy regret it and my parents are so dissapointed surrounded by me--which I know i deserve. The funnny thing is my parents thought I be a perfect child so they didn't really pay envelope attention to me and they thought I just looked-for attention. But that's not it. I was basically incredibly naive.

Anyway, have anybody gone thru this? I feel so guilty. I'm grounded, but how else can I label amends (I've already written to the manager). I have to turn to court. This shoplifting will be taken bad my record after I'm 18 but it will be on my college applications. I quality so depressed and I know it's cliche but I feel similar to I ruined my life.

Thanks.
Answers: Look, you DIDN'T ruin your energy. Everybody makes mistakes. I drank at party as a teenager despite my respect for Law Enforcement. But I still become a cop and had control over my time. TRUST ME, you are not too far gone. I see kids every day who hit their little sisters and spit at their parents---you enjoy control over whether or not this becomes you. Just do capably in college and you can begin to slowly earn put a bet on your parents' trust.

You are right to feel sorry. You broke the canon. But being a cop allows me to see both sides of a situation. You are markedly sorry and won't do it again...see where it get you?

:)
i was caught as a senior contained by high university.
was a flawless lesson, never looked at anything without buying it since
Have your parents bring you a lawyer. For a first offense and you are a well brought-up kid, he may be able to procure you off beside community service and a witholding of ajudication.

What that means is over a term of time the judge sets at sentencing, you can't attain into trouble. At the end of that length, probably 2 years, if you haven't gotten arrested again, the charge is eliminated and never appears on your irreversible record.

DO NOT TRY TO HANDLE THIS SITUATION WITHOUT A LAWYER. IF YOU CAN'T AFFORD ONE, THE COURT WILL APPOINT ONE.
It's too fruitless that you did that, and I feel sorry for you. You should not lug this lightly, but it is a childish indiscretion and it will not ruin your life. You are a kid and did something stupid and if you truly show remorse and insight into how stupid it be, you should be fine.

Don't do anything stupid to yourself because of your despair and depression now, you enjoy your whole natural life ahead of you, but also, don't break the law again. Go out of your approach to follow the law no situation what and it will all come rear to you. Drive the speed limit, be not dangerous, etc and always mull over of this stupid act if you grain like doing something unsanctioned again.

I don't know why you have to detail this on your college applications. Is that a rule? I would be careful in the order of doing this, because it may not be necessary. I would consult near a guidance counselor or even an attorney.
I have. I don't know what the *&^% I be thinking! I wasn't thinking. I also talked to the direction, swept up their place after school, dusted, carried trash out and after a month I earn their trust back. God I feel SO bad, I know how you surface. I was 13 or 14 and my friend dare me, so I did it like a complete idiot! It be so long ago but I still to this day surface bad and I enjoy NEVER taken anything from anybody again. Your record can be hermetic so it will not show and they usually won't hit you to hard for a first offense. You will probably be doing some community service and will hold probation. Your parents don't hate you and neither does anybody else. We don't have need of to be punished, we do a really good livelihood of that don't we????!! I wish I could relate you it doesn't matter but it changed the road I live my life. I regretted it too and that made for a really sorry, honest individual. My life be not destroyed and your is not either, I swear, it freshly feels so slimy and bulky right now. You are making adjectives the right moves, and I wish you adjectives the best.
Your sis in stupidity.
aren't you glad bud isn't the intercede? kinda cold. You got your dignity taken away, I'd articulate that smarts more than having your belongings taken away when you are on YA spilling out your heart nearly the fact that you did something that made you be aware of like crap. You aren't 5. A honourable lawyer is a honourable idea. It will surpass and I will bet it never happens again. Forgive yourself, move forward mind you P's and Q's and don't put it on your college ap.
Good Luck
hey.bud disappeared while I be answering. Looks like your luck is varying already
I really like wcowell2's answer
you should follow his/her push for
Well to tell you the truth I deem your pretty stupid to shoplift while applying to a college. I am a state police officer in New Hampshire and nouns is costly. You could go to a Detention Center for that. And here is also no point to shoplifting, you could only just buy it. Its NOT worth getting arrested for something like that. Well... Good Luck! : )
No, i've never be caught shoplifting.
devout. you are naive juvinile chronicles are sealed and your parents should hold taken your puter away. wow what a grounding no wonder you are the way you are no sympathy from me.

Complicated search warrant grill...please help?

Ok. My father for doesn`t matter what reason established to grow pot in the bomb subterranean vault of his home in the desert. A week latter, his fiance called the police and told on him after a exchange blows they had over a stupid entity...the police then come, arrested my dad, and seized all evidence. Now I'm not dictum what he did wasn't completely stupid, but I feel a few injustices here. First of adjectives, they left him contained by the car, window rolled up, unattended for almost an hour and 1/2. In the desert mind you ...Second, they did not have a investigate warrant. His girlfriend allowed them onto the property, showing them an ID with a completely different address than the home. Can she do that? And third, he be carted stale to jail lacking being read his rights. Can he keep himself in court near any of this? The pot was completely underhand, he had no paraphanilia surrounded by the home, no was screaming for relief, etc.. Can the confiscated pot be used in court? And can his girlfriend be responsible too since she know about it so long?
Answers: Miranda rights do not own to be given until questioning is started, your father finance lived beside your dad and has the right to allow the query so a warrant is not needed. Just because her ID did not hold that address does not mean that she did not own the right, all it would hold is one piece of mail beside her name and your dads address to prove that she did indeed live here.

You dad is going to need a correct lawyer and he should enjoy that lawyer present while self questioned by the police. Hopefully you dad be not in the obsession of selling pot, because they may try to charge him with cultivation beside intent to distribute.

If this is your dads first run in beside the law he may go and get probation and a fine. Right now your dad desires two things
1.) A good Lawyer
2.) acquire rid of that woman that turned him in.

Good luck to your dad.
yes he requirements to a lawyer if he wasn't read his miranda rights the go-between could let that progress

and if they have no look into warrant the lawyer can also bring that up within his defense
according to the law, she shouldn't of allowed the police onto the property because she didn't rightfully have ego there especially if they didn't enjoy a search warrant.. he should of be read the rights too, he should be able to be defended within court even more easily very soon. sorry to say this but yes they can use the pot as evidence surrounded by court



sorry about wat u enjoy to go through.


hope this help..
Yeah, it sounds like they did your dad WAY wrong. Everything you mentioned requests some major looking into... You call for a good attorney on this!!! You'd be surprised what a good attorney can do!

Getting cops involved is almost always a unpromising idea. Why would a "friend" do that? What a horrible party she is! There have be a couple of times that I was made out to be the criminal when I be the victim. YES, THERE ARE INNOCENT PEOPLE IN JAIL!

I hope your dad chose the right to remain silent... Especially in the order of her living there. A upright lawyer might be capable of make it so she didn't enjoy the right to let them surrounded by, but what about probable do?

Also, get that "friend" out of within and don't be surprised when the cops tare up your house looking for a meth lab. That happened to a friend of mine. All the cops found be a pipe and a joint. NO METH FOR US, thank you, but that's what happen when you get a "friend" who requirements to abuse the endorsed system to throw your world upside down.
1st of all, since they didn't read him his rights, if he confessed to grow pot, he would be rotten the hook. I forget which case laid this down but it is completely true. 2ndly, if they do not hold a warrant, any evidence found without a warrant must be completely unseen and thrown out. 3rdly, ID with DIFFERENT address. With the decree, everything must be specific and correct. 4thly, does she own that property? if she doesn't she has no right to invade your father property! (4th amendment)

i would do more research on some of the facts I laid down for you. www.oyez.com are court cases that will back up these points. sermon to your lawyer here is a good break your dad is off the hook.
If she have full run of the place as a live-in, yes she can authorize access. If she has simply "her room," she can only authorize access to her room and adjectives areas.

Leaving him in the coup: Immaterial to the search.
Lack of turn upside down warrant: Immaterial to the search if she lived here. If she in certainty did NOT live there, there's grounds to telephone call BS for the warrantless search.
Lack of Miranda qualification: Immaterial, since Miranda isn't required upon arrest...just on custodial interrogation. Cop shows screw this up adjectives the time. If I arrest you and cart you bad to jail, I'm golden if you voluntarily confess to everything including the Kennedy assassination. It's adjectives admissible. If I ask any questions, though, I hold to Mirandize you.

Her responsibility as a co-resident: BZZT. He's the guy on the deed, it's presumed to be his within the absence of proof to the contrary.
If she be a resident of the property and gave them authority to search, it's a valid hunt. Tried and tested in court a gazillion times...

Also, he does not enjoy to be read his rights simply because he's in custody, that's a misconstruction from TV. Unless someone is being actively question there is no motivation to read them their rights.

And trust me, if the district attorney is like every other one I've ever deal with, he'll cut her imperviousness so fast so she'll testify it'll take home your head spin. She'll never catch charged with anything.
Your father requests a good criminal defense attorney. If your fafther cannot afford one, the court must appoint one for him.

With respect to the girlfriend letting the police surrounded by the house. I suspect that a very flawless case can be made that she be not authorised to let the police dig out the basement. I suspect that the evidence found within the basement can be suppressed.

With respect to the dead loss to read him his Miranda rights, that can be used to supress any statements that he made.

With respect the girlfriend reporting him to the police is where he will own problems. The girlfriend can be compelled to testify against your father as a witness if they are not married.

Even without the other evidence I suspect that they might know how to get a conviction base on her testimony alone, if she is a reliable witness.

The mode to challenge the truthfulness of her nouns would be to show evidence that she has lied surrounded by the past.

For example have she ever signed an affidavit that was not entirely truthful? Has she ever signed a charge return that was not entirely truthful? Has she ever made a false police report surrounded by the past? Has she made inconsistent statements surrounded by the past? For example made a police report after recanted adjectives or part of the police report?

A well brought-up attorney at a jury trial can make her appear to be an extremely unreliable witness.

You father have quite a court fight against him for the subsequent few years. He should expect that The District Attorney will want to throw the book at him.

Your father needs to prepare to shield himself at a jury trial and he needs an attorney next to successful trial experience.

With respect to the issue of leaving your father contained by a police car contained by the sun, unless he was injured I doubt that at hand is much that he con do with that issue that will facilitate him. He could make a complaint to internal affairs. Most predictable the outcome at worst for the officers would be a reprimand. That would not relief your father's case. However. It might create a short time extra drama, that might be dentertaining, but other than that here probably is nothing in attendance that would be useful to your father,

My guidance is get a devout criminal defense attorney and prepare for a jury trial. If the girlfriend can be made to appear to be an unreliable witness your dad can win a jury trial, but it will be a challenge.

Do not tolerate your father accept a trial by regard as being. Most judges are biased toward the Police. Your dad have a much better chance near a jury.

Now do not let your father verbs to grow marijuana or be involved with any other bent drugs.

Also, your father shoulld never again see or talk to this fiancee or girfriend or doesn`t matter what she is.
Your translations look nothing close to the correct versions surrounded by French, German or Welsh. Hope this helps.

Ban heelies?

i work in a grocery store and everyday we hold kids in in that running into people, knock stuff over and hurting themselves on heelies and spinners. if skateboards and skates are banned for sanctuary reasons within the store, shouldn't these shoes be?
Answers: They should just put up a sign that say."No skateboarding, roller skating, bicycalling, or heeling." Then they should kick general public out for not listening.
lol nah thats how me and my friends hold our fun by triping the kids

VIVA LA NATION
njevolution
I'm a classroom teacher at an elementary arts school and our principal refuses to prevention them. I make the students pop the wheel out and give them to me at the start of the academy day. They are a annoyance, and kids forget where they are and start skating around otherwise.
Malls would not allow skating contained by regular skates, so yes, there should be a bar in crowded places.
No and yes, heelies be a great invention and still are, but things have gone wrong. The kids who use them are so stupid, thats the problem really. My Shoprite essential me has barred them for the same common sense you just stated. So here is my answer, if these accident and whatnot continue to appear I'd say exclusion them.

Difference between affidavit of employment and letter of opinion?

I'm being asked to provide an affidavit epistle of employment for a national certification application. How much information should be included?
Answers: An affidavit of employment is a essential certification that you work(ed) at a exceptional place. http://www.nh.gov/insurance/producer/Aff...


A letter of guidance states how and why you would be well-suited to be hired for a certain position. http://en.wikipedia.org/wiki/Recommendat...
What is person asked of you is that you verify your employment. National certification sometimes requires such information or requires industry employment.

You are any one of three things: 1) self employed, 2) working for an employer in the industry for which your are seeking credentials, or 3) not employed in the industry for which you are seeking documents.

The affidavit of employment is simply a statement, from your employer, any of the above listed, on the company letterhead, wise saying you are an employee contained by good standing near said company. If self employed, send your company letterhead, and own your office mgr, sign it, or sign it yourself.

The Letterhead: designation of company, address, and phone number required.

Type the word AFFIDAVIT at top center or top Left of the letter (as a heading) or as the re: skip down a few lines and type:

John Doe is an hand in accurate standing at this company. He started working here on ---put in the date.

Sincerely

Secretary or Office Mgr or etc.

PS: A memo of recommendation is a notification written by an employer or a person attesting to how great you are, at least possible to them.

Example of Employer Recommendation: John Doe has worked here for a quantity of years and I have found him to be honest, reliable, diligent, skill contained by the art of dealing with relations, modest, and an asset to this company.

Example of Personal Refference: I have particular John Doe for a number of years. He is a modest, soft-spoken, modest person, who is honest and have a strong current of integrity. He is especially good near people.

As you can see from the above, who ever John Doe is, he is relatively a guy.

Would you obey the tenet in this suitcase?

You are driving and you come to an intersection in the middle of nowhere. There is a traffic muted and the light is red for you. You linger and it becomes adjectives that the light will never tuning. Do you proceed forward through the intersection or not? explain.
Answers: i would turn right, do a U-turn, and then turn right again.
Yes I proceed...if I hold looked and made sure that no one is coming and I can soundly pass through...
I own had this earlier. It is NOT fun. It sucks to be stuck at a light that refuse to change...especially within the middle of the night contained by nowheresville.
I probably would. If I was startled of breaking the law I would get a right (legal on red) and then formulate another right to proceed on my initial direction! How bout that! I'm so clever.
After a few minutes, hell yea. If no one is in close proximity by at all. Just explain it to the police.
Neither. I leave the vehicle and proceed by foot.
i would wait and lurk and if i knew it be broken or something i would go If it be safe! similar to no traffic at all ..
i do proceed because the fluffy is there to prevent crashes, not piss nation off. if nearby is obviously no jeopardy of crashes, y not?
you can wait I don`t know a minute...
sometimes there are long lights because that rode may be markedly trafficey during the day

so linger a minute if everyone else is backed up beside you then be in motion ahead forward.
I will NOT break the law.

I will dawdle at the light...and hope that contained by a few days someone will come along with some food and dampen.
I have encounter broken signals that wouldn't change from red. The best entry is to make a right turn, and when you can, variety a u-turn, and another right turn, back onto the street you be traveling on.

But I've encountered this, and eventually I proceeded scrupulously through the red light. The operative word here is "alertly."
Of course I wouldn't wait. Traffic lights are within for
a reason and the plea amazingly is to control traffic.
If the light tell me to stop in the middle of the darkness
in the middle of nowhere for 5 minutes later so be it.
But if the light does not transmute you can bet that I won't
wait for longer than 5 minutes because near either
have to be a technical problem or some moron is uninformed
of the traffic situation in that nouns. Either way I couldn't
contemplation less since the intersection is clear of traffic.
No There's a feathery that I run all the time. It of late takes too bleeding long to loose change.

The role of the judicial and legislative arms of the government of australia & it's value?

effectiveness and of the relationship between them.
Answers: The Legislature make the laws, and supervises the comings and goings of the other two arms with a vision to changing the law when appropriate.

The Judiciary interprets the laws, using as a reason the laws as enact and explanatory statements made in the Legislature during the enactment.

Source (for the above): http://en.wikipedia.org/wiki/Government_...

As far as usefulness is concerned, both are utterly useless in my personal belief.

Is there alimony law in Florida?

Answers: Yes, it is base on ability to earnings and the needs of the supported spouse. Entitlement to alimony depends as resourcefully on the length of the marital. If you have a specific request for information, please feel free to ask.
Yes. Do a Yahoo rummage.
Key in: Alimony law in Florida

Is there any other channel than emancipation?

Okay...so I can't bring back emancipated because I don't even have appropriate grades in the 1st place and in attendance is really no where that I can work to support me next to $700 and I need $2000 contained by my banking picture. Any thing else I can do?
Answers: yes, mind your parents resembling you are supposed to
How old are you?

If you draw from married you will automatically be emancipated (at least where on earth I am)
This is a tricky situation. You'll need to find the right source to generate your claim. Once you've done that, you'll need to find a immense amount of supporters...

Here's some tips...

http://www.youtube.com/watch?v=9VwSWCx3E...
Andrea,, I simply defer to the other voices of sense in your
answers that enjoy been given,, Listen to these individuals they
make sense.. dont put yourself contained by a position that you will not
be able to touch,

Stay in School finish your lofty school at lowest possible,, then if you are solution enough after graduation and want to move out, do
so.

righteous luck

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