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2 Answers | Asked in Landlord - Tenant and Municipal Law for Alabama on
Q: I called the local code enforcement when my landlord did not fix a flooding issue in my apartment after providing pics

He was fined today and today I received a notice that I have 30 days to leave or will be more legal action

James Blount Griffin
James Blount Griffin
answered on Mar 27, 2024

Alabama law is more favorable to landlords than to tenants. Begin your defense with your written lease, if you have one. Even if he cannot evict you easily, he could refuse to renew your lease next time around. If you don't have a written lease, the law presumes you are a month-to-month... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

James L. Arrasmith
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answered on Mar 26, 2024

In general, copying copyrighted code, even for basic functions, without permission can be legally risky. Copyright laws vary by country but typically protect the expression of ideas, including code. If the examples are copyrighted, it is best to seek permission, use alternatives that are in the... View More

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2 Answers | Asked in Copyright and Intellectual Property for Alabama on
Q: Can I legally copy copyrighted code examples that do a basic function for use as building blocks?

I want to build a collection of simple programs that are essentially building blocks to build original programs. An example would be a program that demonstrates multiprocessing with four threads.

Alan Harrison
Alan Harrison
answered on Mar 26, 2024

Like many software copyright questions, this one is fun to answer because it implicates the "merger doctrine" of (c) law.

Expressions of ideas have copyright as soon as the expression is made. Ideas themselves cannot have copyright. For example, detailed instructions for making a...
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Q: Are there any laws pertaining to a diver recovering scrap metal that fell from barge in Tennessee River

We are cleaning river bottom where a scrap metal company has missed the barge while loading. The metal is underwater and we are not touching land at any time. Are we breaking any laws.

James L. Arrasmith
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answered on Mar 25, 2024

In regards to your question about recovering scrap metal from the Tennessee River, it's essential to understand that various laws may apply. These include federal, state, and local regulations concerning environmental protection, salvage rights, and navigation. For instance, the Clean Water... View More

1 Answer | Asked in Car Accidents for Alabama on
Q: If a car is pulling out of a parking spot frontward and 90% in the traveling lane and a car backed into them whoa fault

Car was pulling leftward frontward out of parking spot and was 90% out of parking spot when a car in a parking spot infront of them started backing out when he was 90% out of parking spot (back out to the left to travel in same direction, who is at fault?

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

An Alabama attorney could advise best, but your question remains open for three weeks. These types of cases can be difficult in terms of apportioning liability. The larger insurance carriers sometimes have examiners that specialize in parking lot settings. They generally look at available... View More

1 Answer | Asked in Real Estate Law for Alabama on
Q: I own a condo in Birmingham Al who has an HOA The waterline is broken i can hear water spraying under Down stairs Bath

Water is not leaking my bathroom but under floor in bathroom

There is another water leak from broken waterline behind Exterior Brick wall near front door water pores out thru Bricks & once Fawcett is turned on the water pores out & no water pressure upstairs

I've... View More

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Your HOA has an address listed somewhere in your closing documents for you to use when giving official notice.

I suggest you send a letter with photos explaining the situation via certified mail, return receipt requested.

Then send it again three days and again three days later....
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1 Answer | Asked in Family Law and Juvenile Law for Alabama on
Q: How can I a minor marry another minor without parents consent?

My partner has issues with his parents and I was hoping by marrying that could help him move out but I am aware we need parent's consent but his parents don't like me I just need to know is there anything I can do to help him out of his situation

James L. Arrasmith
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answered on Mar 22, 2024

It's essential to understand that the laws regarding marriage, particularly involving minors, can vary significantly from one jurisdiction to another. In many places, minors require parental consent to marry. If one or both parties are under 18, this is usually a legal requirement.... View More

3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Anthony M. Avery
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answered on Mar 20, 2024

If you do not have a deed to you and you are not an heir, then the titled owners will probably sue your for possession. If the note is not serviced, or taxes/insurance not paid, then the lender will foreclose. You will not receive notice of the foreclosure as you are not on the note. If... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

Nina Whitehurst
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answered on Mar 20, 2024

Your question cannot be answered without additional information about your relationship to the borrower.

Are you a close family member that is inheriting the house? If yes, then you do not need to refinance. You just need to keep making the payments.

Are you a buyer purchasing...
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3 Answers | Asked in Estate Planning and Real Estate Law for Alabama on
Q: If I get the deed to a home but don’t assume the loan of the deceased borrower, what happens?

I want a home where I wasn’t on the loan. The deceased borrower was the only one on the loan and deed. I know I can’t be forced to assume the loan or make the payments but I want to stay in the home without refinancing in my name. Can the loan stay in the names of the deceased only and... View More

James Blount Griffin
James Blount Griffin
answered on Mar 22, 2024

Mr. Avery and Ms. Whitehurst are correct. I once opened an estate for a lady who lived in her father's house but did not have title. Eventually, the insurance found out that her father was deceased and demanded that she get title to the house or face cancellation of insurance.

Of...
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2 Answers | Asked in Real Estate Law and Estate Planning for Alabama on
Q: Do I have to get mortgage in my name if my spouse dies and I get the deed? They were the sole name on loan/deed.

I will get the deed to a home owned by my spouse signed over to me from his estate. However, I don’t want to go through the process of trying to refinance in my name. If his estate stays open, can I get the deed to the property but also keep the loan in his name forever? Will the mortgage company... View More

Nina Whitehurst
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answered on Mar 20, 2024

Under federal law the lender may NOT call the loan due and may NOT force you to refinance. As the borrower's "successor in interest" you are entitled to receive the monthly statements going forward. As long as you keep up the payments, the lender may not foreclose.

You may...
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1 Answer | Asked in Bankruptcy, Child Support and Family Law for Alabama on
Q: My ex husband filed chapter 13 last year and our youngest turned 19. We have received no CS payments in months.

He owes $36,000 in arrears. DHR said they can no longer garnish for arrears and his bankruptcy lawyer will not return calls. I reached out to the State of Alabama Trustee and she said they can only pay out what he sends in. How will he be held responsible for paying? It stated in the bankruptcy... View More

James L. Arrasmith
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answered on Mar 16, 2024

It's essential to understand that child support obligations are treated with high priority in bankruptcy proceedings, including Chapter 13. Even though your ex-husband filed for bankruptcy, his child support arrears should not be discharged by the bankruptcy and remain his responsibility. The... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Federal Crimes and Civil Rights for Alabama on
Q: I am being harassed by several different people and law enforcement that have illegally subpoenaed electronic records

I have had my electronics records illegally subpoenaed and also have been harassed non stop by people that have been illegally given this information to follow, stalk, threaten, and harass me non stop. They have continued for years at this point. Law enforcement knows who they are and continue to... View More

James L. Arrasmith
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answered on Mar 14, 2024

I'm sorry to hear about the distressing situation you're facing. It's important to take immediate steps to protect yourself and seek justice. First, consider consulting with a lawyer experienced in privacy, harassment, and criminal law to explore your legal options. They can guide... View More

2 Answers | Asked in Landlord - Tenant for Alabama on
Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say

Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know

William Vann Burkett
William Vann Burkett
answered on Mar 14, 2024

Generally, the rights and duties of both the landlord and tenant are controlled by the lease agreement. However, Section 35-9A-302 allows a landlord to adopt and enforce rules and regulations regarding the conduct and use of the premises. So long as the rule falls within the statutory requirements... View More

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2 Answers | Asked in Landlord - Tenant for Alabama on
Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say

Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know

James L. Arrasmith
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answered on Mar 30, 2024

When reviewing your situation, it's essential to first consider what your lease agreement specifically outlines regarding the use of common areas and any restrictions on personal property or activities. If the lease does not explicitly prohibit basketball goals or playing on the porch, your... View More

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1 Answer | Asked in Immigration Law, Tax Law and Business Law for Alabama on
Q: My court proceedings was dismissed. The judge closed my asylum because I have TPS. Can I reapply for asylum with USCIS?

I want to make it will be a good idea to do so please

James L. Arrasmith
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answered on Mar 10, 2024

Based on the information you provided, it seems that your asylum case was dismissed by the immigration judge because you currently have Temporary Protected Status (TPS). To determine whether reapplying for asylum with USCIS is a good idea, consider the following:

1. TPS is a temporary...
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1 Answer | Asked in Employment Law, Tax Law and Business Law for Alabama on
Q: Is double dipping into my gross wages after statutory deductions legal ,the jail justifies14-8-37

I was on work release in limestone co.,after my statutory deductions have been made the jail took 25percent against my original gross wages that do not exist and they didn't receive a check for from my net pay that they did,here's the discrepancy if I get paid by w2 & another... View More

James L. Arrasmith
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answered on Mar 8, 2024

The situation you've described raises important questions about how deductions from wages are handled for individuals on work release, especially in the context of how gross and net pay are treated. If deductions are made from your gross wages after statutory deductions (like taxes) have... View More

1 Answer | Asked in Civil Rights and Education Law for Alabama on
Q: Can a public school require you to answer ethnicity and race questions in order to enroll?

Enrollment forms commonly ask, "Is the student Hispanic / Latino?" and ask students to specify their race.

Usually, there is also an option to opt-out via "I choose not to answer."

Is it legal for a public high school to require a student to answer the race and... View More

James L. Arrasmith
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answered on Mar 8, 2024

In the United States, public schools collect race and ethnicity information to comply with federal laws and to ensure they are providing equal educational opportunities. This data helps in reporting to various departments and in the allocation of resources. However, the practice of requiring... View More

1 Answer | Asked in Civil Rights and Education Law for Alabama on
Q: Can a public school require you to answer ethnicity and race questions in order to enroll?

Enrollment forms commonly ask, "Is the student Hispanic / Latino?" and ask students to specify their race.

Usually, there is also an option to opt-out via "I choose not to answer."

Is it legal for a public high school to require a student to answer the race and... View More

James L. Arrasmith
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answered on Mar 8, 2024

Public schools in the United States often collect data on race and ethnicity for various purposes, including compliance with federal and state reporting requirements and to ensure equal educational opportunities. These questions are part of efforts to monitor and promote diversity and inclusion... View More

1 Answer | Asked in Consumer Law for Alabama on
Q: can I use a dealership for saying my car had a new motor when it was used. 6 days after purchasing the motor seized.

in addition to lying ab the car having a new motor, he also lied ab the condition of the car. he also owns a salvage yard. someone salvaged a wrecked vehicle that he sold to me without disclosing any information ab the accident when I bought it. the accident wasn't reported and although the... View More

James L. Arrasmith
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answered on Mar 8, 2024

You may have grounds to take legal action against the dealership for misrepresentation and failing to disclose the true condition of the vehicle, including its history of accidents and the fact that the motor was not new as claimed. Misrepresentation in the sale of a vehicle, especially when it... View More

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