Law Questions and Answers

Filing numerous and excessive lawsuits without simply reasons?

I own been to court numerous times over the recent past year. This individual continually takes me to court over anything that he can reflect of, more so out of spite than out of reasons of achieve due process. Everytime we go to court the charges are dismissed completely. What is the endorsed name for this procedure of file numerous and excessive lawsuits? Is this considered harassment? Is within anything that can be done about this, because everytime I own to go to court it take away from my time with my relatives, work and school.

Answers: The allowed name for his appointments is "abuse of process" and it is a tort for which you can recuperate damages. To win on abuse of process, who must hold won the underlying lawsuit(s), which you did; prove the lawsuit was frivilous (sounds close to you did that, too); show malicious intent (that would be implied within your case) and suffer damages. It is considered harassment and fraud upon the court. You should own counterclaimed against him, but you can still sue him. We've had a few cases resembling this in my state and courts have forbidden the offender from filing any unknown lawsuits without express authorization from the court. If this person have assets from which you can collect a judgment, I would seriously consider hiring an attorney. This would be a contingency payment case so your "up-front" costs would be minimal. If the personality does not have assets, you might consider doing this anyway to stop adjectives harassment through the officially recognized system. If the basis of his lawsuits are defilement of criminal law it call "malicious prosecution" contained by my state. "Abuse of process" is for civil cases.

SUE HIM OR HER!
THERE ARE LAWS THAT STATE THAT THEY CAN ONLY SUE A LIMITED AMOUNT OF TIME WITHIN A LIMITED TIME PERIOD. ASK THE COURT.
YOU CAN SUE FOR DEFAMATION AND HARASSMENT. THE DAMAGES WILL BE EMOTIONAL DISTRESS.
CONTACT AN ATTORNEY PAY HIM FOR ONLY ONE HOUR.
E-MAIL ME AT HOWIEMAYO@SBCGLOBAL.NET
IF YOU NEED FURTHER ASSISTANCE. I AM NOT AN ATTORNEY HOWEVER. I SUCCESSFULLY SUED IN SMALL CLAIMS COURT TWICE SO I KNOW SOME THINGS.
GOOD LUCK

What are the eviction laws surrounded by Columbus, Ohio?

What are grounds for eviction? How can one legally abandon a lease?

My husband and I have lived contained by this house for a year and a half and are sick and tired of our innkeeper and our neighbors. We wouldn't have resigned this year, but our tenant promised us that our neighbors wouldn't be here any longer. He lied, and said the same article to them about us. We enjoy several serious problems that we have address with him on the subject of the house - one being I have to put out an electrical fire BY MYSELF while I'm 4 months pregnant and he refuses to fix it. Another man that the roof leaks. He refuse to fix anything and I have a response that he's just looking for a point to evict us. Last year, the money order that we dropped rotten to him was "stolen" - or at tiniest he says, so according to him, we owe him 1 month support rent. Can he evict us over that? What about what he hasn't done, can we give?? Please help!

What are the eviction law in Columbus, Ohio??

Answers: Ohio’s Landlord and Tenant Law

DEFINITIONS

Rental Agreement
Any agreement between the tenant and tenant, whether written or oral. The Ohio Landlord/Tenant Law, Ohio Revised Code (ORC) Chapter 5321 is implied into every rental agreement. The rental agreement must contain the name and address of the innkeeper. If the agreement is oral, the landlord, at the instigation of the tenant's occupancy, must provide the given name and address of the landlord contained by writing. The rental agreement may never contain any terms that conflict next to the Ohio Landlord/Tenant Law, any such conflicts would be decided according to the state directive, not the terms of the agreement.

Ownership Disclosure
Every rental agreement must contain the owner's mark and address and the name and address of the owner's agent. If the owner or agent is a corporation, partnership or other entity, the address must be the principle place of business contained by the County where the premises is located or, if none within the County, then the principle place of business surrounded by Ohio. This notice must include the mark of the person within charge.
In the case of oral rental agreement, the information described above must be deliver in writing to the tenant at the launch of the rental agreement.

Security Deposit
The Ohio Landlord Tenant Law permits a manager to collect a security deposit to cover the costs of any unpaid rents or damages to the property beyond common wear and tear. The innkeeper is required to return the security deposit to the tenant inwardly 30 days after the tenant gives up tenancy and terminates the use. The landlord must provide a written itemization of any costs for repairs or unpaid rent deduct from the security deposit.
If, after 30 days, the proprietor does not return the deposit, or if the tenant feels that some portion of the deposit have been wrongfully withheld, the tenant may sue for the amount wrongfully withheld and fair attorney's fees. If the tenant has given a written forwarding address, the tenant may sue for double the amount that he/she believes be wrongfully withheld. Security deposit claims for less than $1,000 may be brought by the tenant contained by Small Claims Court, without an attorney.
If the deposit deposit is more than one month's rent and the tenant stays more than six (6) months, the landlord must pay envelope interest on the amount that is greater than one month's rent.

A Landlord have the duty to:
1. Keep the building safe and sanitary by complying next to local
housing, health and sanctuary codes.
2. Make repairs to keep the building fit and fit for human habitation.
3. Keep hallways, stairs and other adjectives areas safe and sanitary.
4. Keep surrounded by good working directive all electrical, plumbing, heat,
and ventilation systems and fixtures.
5. Provide litter cans and arrange for pickup, if the proprietor
owns four or more units surrounded by the same building.
6. Provide running marine and reasonable amounts of hot hose down and
heat unless hot river and heat are supplied by an installation below the exclusive control of the tenant and supplied by a direct public utility connection.
7. Not swearing the right of access.
8. Give at least 24 hours distinguish, unless it is an emergency,
before entering a tenant's part and entering only at judicious
times.
9. Evict tenant when informed by a law enforcement officer of drug movement by the tenant, a member of the tenant's household, or a guest of the tenant occurring surrounded by or otherwise connected with the tenant's premises.
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Rent Increases and Late Charges
There is no governmental control over rent surrounded by Ohio, except in subsidized housing programs. In the bag of a month to month agreement, landlords must give a full thirty days thought before raise rent. In the case of a lease, landlords may not incline rents during the term of the lease agreement. Ohio Landlord Tenant Law does not specifically address the issue of belatedly charges. Late charges may be assessed as a part of the rental agreement. Late charges may not be "unconscionable" within their intent or application.

Drug Activity and Rental Housing
Recent changes contained by the Ohio Landlord Tenant Law require landlords to evict tenants when the innkeeper has actual awareness of or reasonable basis to believe that the tenant, members of the tenants' household, or individuals on the property with the consent of the tenant, are busy in drug hustle and bustle. A landlord's actions are triggered by a consideration from a police department which has acted pursuant to a survey warrant. Lease termination and eviction procedures in drug situations are faster than surrounded by other cases.

A Tenant has the duty to:
1. Keep the premises which the tenant occupy safe and sanitary.
2. Dispose of rubbish contained by the proper manner.
3. Keep the plumbing fixtures as verbs as their condition permits.
4. Use electrical and plumbing fixtures properly.
5. Comply near local housing, health and sanctuary codes.
6. Refrain from activity that cause damage to the premises and preserve guests from doing the same.
7. Maintain appliances supplied by the hotelier in angelic working order.
8. Conduct himself/herself surrounded by a manner that does not disturb any neighbors, and require guests and home members to do equal.
9. Comply with State or municipal drug law in nouns with the premises and require household member and guests to do likewise.
10. Permit the tenant to enter the dwelling unit if the request is not bad and proper notice is given.

Terminating a Rental Agreement
A hotelier or a tenant may terminate a month-to-month rental agreement by giving a full thirty days make out to the other party. The thirty days commence on the rent due date.
A written rental agreement (lease) normally specifies the method for termination or renewal. If it is not specified, after the agreement terminates on the date specified contained by the agreement.
A landlord may bequeath a tenant notice that the tenant is not complying next to the requirements of the Landlord Tenant Law and that the rental agreement will terminate within thirty days. The tenant may correct this noncompliance within the thirty-day time of year and the termination will be dropped.
A tenant may give a proprietor notice to comply beside a duty imposed on him/her by the Landlord Tenant Law, the rental agreement or the local building, housing, health or sanctuary code within thirty days, or the tenant may abandon the rental agreement.
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Getting Repairs
If the landlord does not group his/her duties under the regulation or local codes, or the rental agreement, a tenant may give the manager a written notice of the conditions which call for to be corrected. This notice must be deliver to the person or place where on earth the tenant normally pays rent. The tenant should hold a copy.
If the landlord fail to remedy conditions that are required by the Landlord Tenant Law, the rental agreement or the local building, housing, health and sanctuary codes within a satisfactory time, not to exceed 30 days, then the tenant may:
1. deposit the rent next to the court; or
2. request the court to order the repairs to be made; or
3. stop midstream the rental agreement.
A landlord may apply to the court for a release of rent on the grounds that the condition did not exist or have been corrected, that the tenant has-been to follow the proper procedure in depositing rent near the Clerk of Courts, or that the landlord requirements the rent to make the repairs or compensate critical bills. The tenants hold the opportunity to dispute the landlord's application for release at a court hearing.
A tenant who simply refuse to pay rent because of desperate conditions may be subject to eviction.

Rent Deposit Requirements
Tenant must be current in rent back depositing with the Clerk of Courts.
A tenant may not deposit rent beside the Clerk of Courts in "doomed to failure faith".
Deposits must be made on or before the common rent due date.
If the landlord have given the tenant a written notice at the start of the tenancy which states that the tenant owns three or fewer rental unit, then the tenant may not exercise these rights.
If the owner have failed to disclose his/her signature and address or name and address of her/his agent, the owner give up the right to notice of correction in the past a tenant exercises legal deed to get corrections.

Right to a Fit and Safe Rental Unit
In totting up to the right of exclusive possession until the end of the rental agreement, the tenant enjoy other rights under the imperative, which include the right to a fit and habitable rental section, and the right to complain to the landlord of any violation of his/her legal obligation or to the appropriate governmental agency of health, sanctuary or building code violations. The tenant may weave other tenants for negotiate collectively with the proprietor or any of the terms and conditions of the rental agreement.

Eviction
A proprietor may bring an eviction action against a tenant when the tenant have not paid the rent or who is:
1. violate a condition of a written rental agreement that is not a duty imposed by ORC paragraph 5321.05, or
2. holding over beyond the term of the rental agreement.
To bring an eviction exploit, the landlord must first serve the tenant next to a three (3) day consideration to vacate. This notice must set forth the principle for the demand to vacate and also notify the tenant that:
"You are mortal asked to leave the premises. If you do not will, an eviction may be initiated against you. If you are in doubt in connection with your legal rights and obligation as a tenant, it is recommended that you seek lawful assistance."
The three(3) day time of year, for purposes of this notice, does NOT INCLUDE the hours of daylight upon which the notice is given or intervening Saturdays, Sunday or holidays. After the three (3) days miss, on the following day, the proprietor may file the complaint for forcible entry and detainer contained by the Lakewood Municipal Court. In the Lakewood Court the filing duty for an eviction is $80 for the first adult defendant name and $5 extra for each added adult defendant name in the complaint. A audible range will be scheduled approximately two (2) weeks after the morning on which the case is file. This first hearing will determine the landlord's right to regain control of the premises. The proprietor should prepare by bringing copies of all notice, the written rental agreement and other documents that may be relevant to the luggage. If the court grants the eviction, the manager may then ask the court to issue a Writ of Restitution. This authorizes the court to convey a bailiff out to the property to remove the tenant and their belongings from the unit. The bailiff will witness the shifting of the locks on the unit and will inventory any tenant belongings gone behind. The tenant cannot hold the tenant's belongings in lieu of rent. The court recommend that the landlord provide for storage of the property contained by a garage, attic or through a storage company for a reasonable length of time. (Generally thirty days.)
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Eviction: Money Damages, the Second Cause
A second audible range will be scheduled going on for a month after the eviction action is initially file. This "second cause of endeavour hearing" is set to determine what monies are owed by the tenant to the landlord. The tenant may answer the complaint in 28 days of receiving the complaint surrounded by the mail. Failure to profile an answer within the 28 afternoon time limit will result surrounded by a Default Judgment against the tenant. A Default Judgment will prevent the tenant from later object to the amount of damages the Court may award to the landlord. The tenant have the right to counterclaim for money damages; to deny the landlord's charges; and/or assert a reduction surrounded by value of the rental part. The tenant has the right to own these costs offset against any protection deposit that is one held by the landlord. Not adjectives cases will include a "second cause" for money damages. If there is solely a claim for eviction, the case will be terminated until the manager recovers a money pronouncement against the tenant or the case is dismissed through settlement or court feat. The tenant, therefore, must notify the Clerk of Courts contained by writing of his or her new address. Failure to start out a written forwarding address with the Clerk may result within your not receiving perceive of the hearing on a "second explanation."
Self-help Evictions are Illegal. A landlord can lone legally regain the use of the premises by properly file for and obtaining ruling for an eviction, and then requesting that the Court issue a Writ of Restitution. The COURT will after send a bailiff out to the premises to oversee the shifting of the locks on the unit. Whether or not a tenant's right to continued use of the premises have ended, a tenant may not shutoff utilities, change locks or hijack a tenant's personal property. (ORC section 5321.15) Even if a court have held for an eviction, the landlord must allow the bailiff to remove the tenant from the premises. If a hotelier does any of the above, the tenant may contact an attorney and seek instant action from the court. The tenant will be liable for all actual damages to the tenant and for any believable attorney's fees.

Fair Rental Housing Practices
Racial discrimination contained by any housing is a violation of the Civil Rights Act of 1866. In combination, the Civil Rights Act of 1986 contains a Federal Fair Housing Law (Title VIII) which established fair housing as the policy of the United States. This prohibits nouns on the basis of see, color, religion and national origin. As amended within 1974, the Federal Fair Housing Law is extended to protect against discrimination base on gender. In 1989 the imperative was further amended to protect the handicapped and family with children.

Need More Information?
Information on the rights and duties of landlords and tenant is provided to Lakewood residents by the City of Lakewood, through a contract with the Cleveland Tenants Organization. For more information, ring CTO at (216) 432-0611. Persons having question in admiration to discrimination within housing should contact the Housing Research & Advocacy Center at (216) 361-9240.
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http://www.fairhousingresourcecenter.org...
be prepared not to have your lease renewed. i live within ohio and went through deeply of bull**** with my former landlords. bottom string, they took me to court and i won, but they would not renew my lease. try to also contact an attorney through legal aid if money is an issue. pious luck.

Can my identity be stolen if I lost my State ID?

I lost my State ID. Even though it doesn't have my s.s. number on it, should I be worried that someone can steal my identity or do any benevolent of harm to my identity if they seize their hands on my ID?

Answers: it could be, but you cannot report a state ego stolen. apply for a new one as soon as you can, and if you really concerned, contact the credit report agencies and ask them to flag your information, so not a soul can use your name to apply for things until you hold the flag off. moral luck!

No... But you should tell someone that would own expertiece in it

Hope i help

Yep. The thieves don't call for your physical ID...just the information.

What is a word for the power to decide if a statute violates the constitution?

Answers: The power of judicial review?

Judiciary? The Supreme Court test laws for Constitutionality.

Would you get within trouble for being photogrphed wearing a (real) judge's horsehair if you're not a judge?

Answers: No, I wouldn't. In certainty, my parents would be very proud of me.

No, Infact I be wearing a George Bush mask for halloween and took several pictures. It's newly not possible.

Do you think its unprejudiced that prostitute who are caught should have their photo posted on a website?

What more or less the men that employ them?!! Their facade should be posted too!!!

http://www.elcajonpolice.org/Probation/i...

Answers: They did show the men who solicited them.

Well it could be worse. Back in the 16th and 17th centuries they be put in a stockade beside a sign that read F. U. C. K. which stood for "For Unlawful Carnal Knowledge" which was against the tenet at that time. Would you rather see them within the stockades?

Besides, there be only two cute ones of the bunch, the rest of them be ugly and tip off out.

Prostitution should not be a crime. How is it that the only aim the act is unjust is because money changes hand? People who are involved in illicit sexual relationships, near out the cash transaction, own nothing to verbs about save for the obvious disease vulnerability or to have their better partly find out. This is an extreme double standard. If a man is dumb enough to foot for sex then tolerate him be a happy idiot.

I know that the argument will come up that prostitution cause many women to be exploited and forced into selling themselves by cruel scrounging pimps. Well that is not an issue related to the exploit of prostitution that is a brazen
infringement of the woman’s civil rights and should be met with the full force of ruling.

I want to carry sting operation how to get? what will be the cost of camera small enough that can be unknown?

i want to carry sting operation how to get? what will be the cost of camera small enough that can be secret?

Answers: ask OJ

Depending on the country you live in and or the state you may powerfully find that using a concealed camera and attempting a sting operation may put you in direct defilement of local laws. You could be charged next to entrapment, infringement of civil liberties or rights, prohibited use of a concealed recording device and what ever else the local directive enforcement agency can dream up to charge you with.

Camera costs span from under $50 USD to several thousand USD depending on the scope of sophistication of the camera, the intended method of concealment, light handling facility and so on.

Unless you are a member of a policing authority, entrapment and infringement of civil liberty or rights has no stance on the issue.

Also, without further details I'm not going to outline the multiple POSSIBLE local, state and federal crimes you could be committing.

Why do people have an idea that sex crimes are worse than murder?

Abusive sex may be forceful, but at least you can return with up and walk away from it and live, even if it bring psychological problems, you can still live.

Murder erases someone from adjectives existence. So WHY do people treat sex crimes resembling paedophilia and rape as worse!

Answers: Because for some, the effects of sexual trauma can be worse than death.

You can suffer from PTSD and a together host of other trauma induced disorders. What kind of enthusiasm is that? Rape and sexual abuse commonly lead to suicide, drug addiction, homicide and worst of adjectives, future sex crimes.

Oh, and you can never rape/molest someone accidentally...

I didn't know relations did treat it worse than murder.

People who commit sex crimes usually get out of prison to do it again and again. But murderers receive life surrounded by prison, or death cost.

Cheers

Sexual abuse is worse than murder because it is a crime than continues to victimize every sunshine, even after the physical attack has be over with for years.
Not singular does the victim income for the rest of their life, but recurrently it begins a cycle of harm that will harm generation yet unborn.
That is why it is worse to rape than to murder.

How do I explain getting fired from a previous job, contained by interviews for a new situation?

In a job I have 4 yrs. ago, I called contained by one day to read out I would be late because a pipe burst at our home. Everything seem ok when I arrived at work. 2 days later my boss said he be letting me go due to poor attendance. I sensed he thought for some grounds that I made the whole entity up. Until then I have great attendance and reviews. I was (seemingly) surrounded by good standing near the company. I would like to report interviewers something other than "I don't know why I be fired" (which is the truth), but don't want to sound approaching I am carrying a grudge or lying. When I asked my then boss to hand over me a more concrete reason as to why I be being tolerate go, he said "I technically don't own to tell you anything because of California law". In other job since then, the firing hasn't be an issue, but now that I am applying for state, city & county job, they will want to delve further into why, examine references, etc. next to a fine-toothed comb (this happened during the ultimate interview). Any suggestions?

Answers: The***PRAYNOGRAPHER***will advise you perceptively. You must do what I did once. The guy liked my answer , and I get hired. I proudly looked him right in the eyes, and told him "getting fired, proves I am not a quitter ". He smiled ,and said that he have never heard that one.He also said that it be creative. Be confident,dress well,and receive them believe that your are honest, and would be an assit to their company. Pile up on your good points. Good luck.

look into IF you hold to tell them why you be fired. if he does not have to recount you then you may not own to tell them.

Not that, that will aid you. Job interviewers are worse that Lawyers, sharks and politicians put together!

I have a long long index of accomplishments, skills and awards.

I have to go good stuff rotten my resume due to length. Perhaps you should do the same article.

Also, personality counts for something at the moment. Be yourself! and best wishes

You didn't lie in the order of why you were slowly. Don't feel guilty. Your former boss should touch guilty. Don't let any potential employer frighten you into attitude you did something wrong.

Be self-confident and if they ask in the region of that job, inform them that despite perfect attendance and work reviews, after you be late to work because a pipe burst at your house, your boss fired you. End of story. Let the former employer try and spin it. It's immoral for them to do that. They won't.

Be honest, but first be honest with yourself.
Absenteeism is a big problem contained by the work place. If you give sick days, you get hold of bet they will all be used by most workforce.
This sounds like an excuse to gain rid of you rather than the genuine reason.
Look at it from your employer perspective. Were you indeed missed at work. Was there something lone you could do leaving the situation undone.
I be in the fire and flood restoration business for a while and yes we have to have someone at home when we worked but a babe-in-arms sitter or house sitter would have done only just fine. Never saw anyone get fired over a broken pipe which doesn't steal two days to fix, unless you are spending most of that time looking for someone to do it cheaper.
I always looked at it similar to this is the only work I have, I want to take assistance of it.

What is a good example of a breach of duty for a negligence lawsuit?

Can anyone distribute me an example how to formulate a breach of duty? I'm following the duty, breach of duty, cause contained by fact, and proximate lead to format.

Answers: The breach of duty is related to the defendant's need to not own his own actions truly and proximately damage a foreseeable plaintiff. It's usually pretty undemanding to pull out of dilute air using the above as a principle.

Defendant ________ has a duty to not grounds injury to plaintiff _______ by performing ____________.

That's it.

Breach of duty is when someone does not perform the post that is assigned to him or do something else for which he have no authority.

Is there a statute banning anyone from abiding web page on their hard drive?

Lately, I established to delete some books I downloaded from some websites because I found out they were immorally distributed. So I went for properly and freely available ones which I would like to set free to my hard drive. Is it wrong to do so?
In the first place, is it trully wicked to download books freely available on the Internet?

Answers: Just because something is freely available doesn't mean it is legally recognized. There are Mp3s, books and software that are copyright protected but are freely available in several illegal formats.

Downloading books from sites that submit copyright-expired texts similar to Project Gutenberg or the IPL is legal and you can accumulate them to your drive (no, it isn't wrong).

Many websites go to great length to protect copyrighted material from anyone overtly cached or downloaded simply because they're aware of the ease surrounded by which people can retrieve things from the makeshift download folders.

Your cache copies web page anyway so I don't see how it could be unless it is child porn or something similar. Books might be illegal solitary if it is copyrighted and illegally distributed.

If you commit consumer fraud, what is the penalty?

Answers: Fine or Jail time

If someone threatens you in entity, can you tell the creature that you have gun so they will give up you alone?

Answers: You could get within trouble for saying that, as it may be considered a threat. If someone said to me, "I hold a gun" during an argument, I would definitely consider that a lightly veiled threat.

You could also put yourself in harms agency.

sorry but that's one of the worst ideas i've hear for a while. think of it this approach. anybody who is threatening some-one for no reason have to be a bit of an aggressive nutter. they will see this as a challenge and their aggression near increase tenfold, and they will most likely turn physical

i know someone who be being threatened who contracted to say that he have a knife as a deterrent. luckily he's a boxer so when the guy tried to rough him up, he manage to overpower him. the guy had the cheek to drag it into court and my mate almost lost his licence.

anyway. if anyone is one aggressive, you react steadily unless you have a black belt or biceps the size of thighs. this is what any psychologist would update you to do

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