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Nebraska Questions & Answers
0 Answers | Asked in Uncategorized for Nebraska on
Q: If I bought a filing cabinet at an estate,and found a bill of sale and title,is it legally mine?

It's to a tractor and the filing cabinet was sold to me (as is)

0 Answers | Asked in Small Claims for Nebraska on
Q: I have loaned someone 900 dollars and told her she didn't need to pay it back 3 months later.

It came out of a joint account, my husband wants the money back, can he take her to small claims court if she doesn't pay it?

0 Answers | Asked in Libel & Slander for Nebraska on
Q: The school counselor falsely accused us of abusing our son the other day in front of all the other parents.

She had no proof or grounds to stand on all the other parents were picking up their kids and she did it in front of everyone. Do I have grounds for a defamation lawsuit?

1 Answer | Asked in Copyright, Trademark and Intellectual Property for Nebraska on
Q: If I have a food truck named turtle power pizza Can I have a mural of the ninja turtles on it?
James L. Arrasmith
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answered on Apr 15, 2024

It's great that you want to decorate your food truck with art that ties into the name! However, directly using characters like the Ninja Turtles could potentially infringe on copyrights and trademarks owned by Viacom, the company behind the Teenage Mutant Ninja Turtles franchise.... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Nebraska on
Q: Is it legal for my employer to use artificial intelligence in the drive cam and have the camera pointing at me ?

Yes I am a professional truck driver for the world's largest food distributor and we have had drive cams since about 2014 and on April 1st they activated a new feature called AI artificial intelligence in other words and now this thing is studying my every movement and if I move my head the... View More

James L. Arrasmith
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answered on Apr 10, 2024

The legality of using AI-enabled cameras to monitor employees in the workplace is a complex issue that depends on various factors, such as the specific laws in your jurisdiction, the nature of your work, and the policies of your employer. However, here are some general points to consider:... View More

1 Answer | Asked in Employment Law for Nebraska on
Q: Is it legal for my employer to activate artificial intelligence in the trucks I drive for them is it unconstitutional
John Michael Frick
John Michael Frick
answered on Apr 9, 2024

There is no constitutional prohibition on activating artificial intelligence technology in trucks. Artificial intelligence is used by many trucking companies in logistics and route planning to optimize routes, considering factors like traffic patterns, weather conditions, and delivery schedules.... View More

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Not on the rent to own or lease to buy

Location: Omaha, NE, Douglas County

Background:

I have been renting a basement from my ex-girlfriend since Winter 2019, with consistent rent payments of $520/month.

Recently cleared back rent of approximately $2500 as of April 4, 2024.

A confrontation occurred when... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information provided, it seems that you are facing several tenancy-related issues with your landlord (ex-girlfriend). Here are a few steps you can consider:

1. Legal assistance: Seek advice from a tenant rights organization or a lawyer specializing in landlord-tenant law to...
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2 Answers | Asked in Child Support and Family Law for Nebraska on
Q: Child support office says I pay full amount of support for final month even if my daughter turns 19 on may16th
Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Apr 4, 2024

That is correct. Child support in Nebraska is due in full and owed on the 1st of each calendar month and it is paid by the month and not pro-rated. Just as children are minor dependents for tax purposes in the year they turn 19 whether they turn 19 in January or December, support is owed for the... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Nebraska on
Q: In Nebraska, can a plea of no contest be withdrawn after being accepted?Defendant has a capias misrepresented by counsel

filed motion to supress evidence also stating rights were violated officer did not show twice def's co defendant had already took accountability and responsibility for all charges. Judge was reading constitutional responsibilities. "Did you willingly and knowingly Commit this crime."... View More

James L. Arrasmith
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answered on Apr 3, 2024

In Nebraska, a plea of no contest (also known as a nolo contendere plea) can be withdrawn after being accepted, but it is subject to the court's discretion and certain conditions. Here are a few key points to consider:

1. Plea withdrawal: A defendant may file a motion to withdraw their...
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1 Answer | Asked in Family Law for Nebraska on
Q: What can I do to get my child a passport if the mother is refusing to sign the required documentation?
Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It depends on what the custody order says. Who has legal custody? If you have legal custody, you may be able to complete the application without the other parent's participation. Depending on what your court order says, you may also likely be able to file a motion to compel the other party... View More

1 Answer | Asked in Real Estate Law for Nebraska on
Q: I am going to buy a house in Nebraska. Owner will carry me. Do I have ti pay interest if we agree to 0%

If we agree ti 250 k over 14 yrs. 0% interest. Now some lawyer is saying we have to be charged interest? Is this correct

Julie Fowler
Julie Fowler
answered on Apr 4, 2024

It is almost unheard of for a person to not pay interest on a mortgage. While I'm not aware of any law that requires a person to charge interest, you may run into unintended consequences if you don't. For example, tax repercussions, gift tax repercussions, estate issues, etc. depending... View More

1 Answer | Asked in Criminal Law and Family Law for Nebraska on
Q: How does one prove sobriety in a courtroom when sweat drug patches are showing positive for drugs that one is not using

Every other weekly test is showing positive results for drugs I am not using. I do not understand the “cut off levels” in the results. My understanding is that this said level is very “low”….could someone please elaborate on these levels and possibly explain how much is supposedly still... View More

Julie Fowler
Julie Fowler
answered on Mar 24, 2024

The manufactures of these products often have details as to how their patch works, in detail, on their website. This includes regarding some of the science behind it. You can also read cases that challenged the use of some of these products. For one example, including cases, see:... View More

1 Answer | Asked in Divorce and Family Law for Nebraska on
Q: I was divorced in 2021 & son is 18 & lives on his own. My ex continues to harrass me. Can I block him on my phone?

I know my son is covered under the custody/parenting plan until he turns 19. My ex has my email - does he have to have access to me via phone? Neither of our kids will speak to him (emotional abuse situation). But now he's harassing me about things that have no bearing as to the kids. I... View More

Julie Fowler
Julie Fowler
answered on Mar 20, 2024

Maybe. It depends on what your order states and somewhat on the history of the case. If your order allows it, then you can probably block him on your phone and let him know that you are only communicating via e-mail at this time. If he isn't asking about questions relating to the child,... View More

1 Answer | Asked in Real Estate Law and Probate for Nebraska on
Q: Do I have to hire a lawyer if my father passed away and he owns a house and I'm the only child
Anthony M. Avery
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answered on Mar 15, 2024

You need to hire a NE to find a way to get a source of title placed of record. Otherwise noone knows you own the property.

1 Answer | Asked in Landlord - Tenant for Nebraska on
Q: Can I be reqired to pay additional month rent (at a raised amount) if landlord didn't receive 60 day written notice?

I informed property management company of move out in January of 2024 via phone call. In March, new property management company took over. I received 2nd notice of lease renewal and called new property management company to find out move out procedure. I was just notified that they will be... View More

James L. Arrasmith
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answered on Mar 30, 2024

It's crucial to understand that many rental agreements and landlord-tenant laws require move-out notices to be given in writing to be legally valid. Even if you verbally informed the original property management company of your intention to move out, if the lease agreement specifies that... View More

1 Answer | Asked in Child Custody and Family Law for Nebraska on
Q: Do I have any legal right to my grand children if something happens to my son when he has brain surgery?

I have been with my grandchildren since birth, their moms live in Az, one mom is strung out on drugs with no contact with her daughter, and the other mother contacts her daughter and gets her stuff. but neither one of these mothers have not physically visited their daughter for 4 yrs now. I just... View More

Vanessa Jean Gorden
Vanessa Jean Gorden
answered on Mar 14, 2024

Your son should consider a Temporary Delegation of Parental Powers during his recovery AND a will that names a person of his choice as testamentary guardian for the children. If the worst happens and he passes during or after surgery, the person named as guardian would at least have a chance at... View More

1 Answer | Asked in Business Law, Civil Litigation, Immigration Law and International Law for Nebraska on
Q: I have a business registered in America, is there a way I could bring my girlfriend through that?

Trying to bring a foreigner through a registered American business

James L. Arrasmith
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answered on Mar 11, 2024

If you have a business registered in the United States, you may be able to sponsor your girlfriend for a work visa, depending on the nature of your business and her qualifications. Here are a few potential options:

1. H-1B visa: If your girlfriend has a bachelor's degree or equivalent...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Nebraska on
Q: How can I find out if a person has a power of attorney?

My grandmother is in the beginning stages of dementia and she doesn’t know if she has a will or if she has power of attorney and she doesn’t know where any of her legal documents are at.

Anthony M. Avery
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answered on Mar 8, 2024

If she wants you to be her attorney in fact, then get a NE attorney to draft a Durable POA for her to execute. She can even record the POA saying it revokes any other prior POAs out there. But you will be a fiduciary for her best interests, not your own.

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