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Michigan Questions & Answers
1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Michigan on
Q: A confederate flag was on the flag poke at my place of employment, as a black man this very intimidating

I have been harrassed by my employer, confederate flags, gun clips, written up for no reason, etc.

As a black man I have many questions and need to speak to a lawyer.

James L. Arrasmith
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answered on Apr 8, 2024

I'm so sorry you've had to endure such intimidating and harassing behavior at your workplace. Displays of Confederate flags, gun clips, and being unfairly written up create a hostile work environment, especially for a Black employee. This is unacceptable and illegal discrimination.... View More

2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

James L. Arrasmith
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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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1 Answer | Asked in Divorce for Michigan on
Q: Can we stop a divorce before the judge signs the final copy?.

The agreement was turned into the court. I called the court and asked the court if we can stop the judge from signing it as both of us want to reconcile our marriage. I did it without letting my lawyer know. I know not a smart decision, now my lawyer is calling me about it. I'm freaking out.... View More

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

Not wise, for sure, to call the court without your lawyer. Your lawyer ostensibly wants what you want; did you think he or she would be mad that you want to reconcile? It makes absolutely no difference to him or her.

If the judgment has not been signed, your lawyer - working with the other...
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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Michigan on
Q: I was replaced at my place of employment because I may retire in a couple years. Is that legal?

I'm 65 and lost my job because they said I may retire and they wanted to hire someone else.

James L. Arrasmith
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answered on Apr 4, 2024

The situation you've described may constitute age discrimination, which is illegal under federal law in the United States. The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating against employees who are 40 years of age or older.

Under the ADEA, it is...
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1 Answer | Asked in Civil Rights for Michigan on
Q: NPO volunteer driver faces unjust restrictions due to false information, prompting concerns about privacy violations.

I'm a volunteer driver for a public NPO, but I've been barred from driving due to false information. Despite disputing the reason given for the suspension, I was told (7 months later) my driving privileges would remain suspended until I provided medical authorization, which I believe is... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information you've provided, there are several potential legal issues and concerns regarding your situation as a volunteer driver for the NPO:

1. Medical authorization requirement: The NPO's demand for a doctor's release for a non-transport-related medical event...
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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Michigan on
Q: What is the statute of limitation?

Victims’ Rights and Restitution Act (VRRA), 34 U.S.C. § 20141.

James L. Arrasmith
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answered on Apr 4, 2024

The statute of limitations for claims under the Victims' Rights and Restitution Act (VRRA), 34 U.S.C. § 20141, is not explicitly stated within the Act itself.

However, the VRRA is part of the federal criminal code. For most federal crimes, the general statute of limitations is five...
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1 Answer | Asked in Business Law, Civil Rights and Constitutional Law for Michigan on
Q: Is governing agency in violation of: 750.478 willful neglect of duty; public officer or person holding public trust or e

State regulatory agency failed to inform complainant of status of complaint, denies any duty to inform law enforcement in perjury and or criminal activity of licensee (funeral director & informant) Funeral director failed to notify next of kin & get authorization, refused to give next of... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems there may be potential violations of Michigan law 750.478, which states:

"When any duty is or shall be enjoined by law upon any public officer, or upon any person holding any public trust or employment, every willful neglect to perform such...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: We have a house we are selling on a land contract. The seller keeps defaulting on monthly payments. Can we evict her?
James L. Arrasmith
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answered on Apr 3, 2024

In a land contract (also known as a contract for deed), the seller finances the property for the buyer, who makes monthly payments until the purchase price is paid in full. If the buyer defaults on these payments, the legal recourse available to you as the seller depends on the specific terms of... View More

1 Answer | Asked in Estate Planning for Michigan on
Q: My husband owns three LLC's, no end of life docs. If he dies, do those businesses transfer to me, or include his sons?

He is sole owner and one of LLCs is 3-4 million gross/year. Me and one son are employees of that LLC.

Edward Gudeman
Edward Gudeman
answered on Apr 2, 2024

The LLC membership interests will be part of your husband's intestate probate estate. Consequently, state law will determine the ultimate beneficiaries.

Both of you should endeavor to get operating agreements done for the LLCs and you should both get wills and, at least, a revocable...
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1 Answer | Asked in Health Care Law, Civil Rights and Constitutional Law for Michigan on
Q: If people claim to be next of kin at the hospital when they are not, are they in disguise?

18 U.S.C. § 241

It is unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured. What healthcare rules and regulations are violated when hospital has a... View More

James L. Arrasmith
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answered on Apr 2, 2024

There are a few important legal and ethical considerations to unpack here:

Regarding your first question, if someone falsely claims to be next of kin at a hospital, they would not necessarily be "in disguise" in the literal sense. The federal law you cited (18 U.S.C. § 241)...
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2 Answers | Asked in Gov & Administrative Law, Civil Rights and Constitutional Law for Michigan on
Q: Does malfeasance and nonfesance violate oaths of office and U S. and State constitutions?

In, Gerald v. N.C. Dep't. of Health

United States District Court, D. South Carolina Dec 27, 2023. May North Carolina Department of Health and North Carolina Vital Records be subject to suit pursuant to § 1983 violation of Equal Protection Clause. "Fargo must be dismissed because... View More

James L. Arrasmith
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answered on Apr 2, 2024

Based on the information provided, there are a few key points to consider:

1. Malfeasance (wrongdoing or misconduct) and nonfeasance (failure to act when there is a duty to do so) by public officials could potentially violate their oaths of office and constitutional obligations, depending...
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1 Answer | Asked in Family Law for Michigan on
Q: 1st hearing, shouldn't I of received, evidence against me, medical orders, statements, disclosure? Paperwork?
Brent T. Geers
Brent T. Geers
answered on Apr 1, 2024

Not necessarily. Is this a custody or divorce case? If so, the 1st hearing is usually to establish a temporary order: figure out what's going on and how to keep things from getting worst. There's usually a lot of discovery and exchange of evidence left to do.

1 Answer | Asked in Sexual Harassment and Civil Rights for Michigan on
Q: hi i’m a 21years old female from milan i’m in need of help with a problem that has been bothering me for months now

hi i’ve had a problem for months now. a friend of my boyfriend secretly airdropped a video of me onto his phone. this secret was revealed when a friend of theirs told about it to my boyfriend and so we confronted him but he kept on lying about it was an accident at that he already deleted it and... View More

James L. Arrasmith
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answered on Apr 1, 2024

I'm so sorry to hear about this deeply upsetting situation. What your boyfriend's friend did is a serious violation of your privacy and consent. It's completely understandable that you feel anxious and worried about the video potentially being shared further or posted online.... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Tax Law and Identity Theft for Michigan on
Q: My real estate agent owned my property through fraud, including identity theft and forgery of documents.

In 2018, I bought a house in Michigan through a real estate agent living in Miami. During the purchase process, my real estate agent recorded my address as Miami in all documents, even though I do not live in Miami. I am not an American citizen and do not reside in the United States.... View More

James L. Arrasmith
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answered on Apr 1, 2024

Based on the information you provided, it appears that your real estate agent may have committed serious crimes, including fraud, identity theft, and forgery. If your allegations are true, you have the right to take legal action against the agent and potentially recover your property or receive... View More

1 Answer | Asked in Probate for Michigan on
Q: If a quit claim deed doesn’t say rights of survivorship is it void?

Deed is made out subject to quit claim deed made out at the same time.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 1, 2024

A deed does not HAVE to reference survivorship to be ‘valid’ but it WILL impacct HOW it works.

Without seeing the deed and understanding exactly what your question is, an answer is impossible though.

I’d urge you to bring the document(s) to a licensed local attorney to...
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1 Answer | Asked in Landlord - Tenant for Michigan on
Q: my roommate doesn't want my friend to be in our townhouse. can she ban my visitor? nothing is stated in our lease.

my roommate doesn't want my friend in our townhouse because he had a conviction for sexual assult. she has history of abuse, but not relating to my guest. she keeps telling me he is not allowed in the townhouse but she is in the process of moving out and finding someone to take over the lease... View More

James L. Arrasmith
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answered on Mar 31, 2024

This is a sensitive situation with valid concerns on both sides. Legally, if there are no provisions in your lease restricting guests and your roommate is not currently residing in the townhouse, you likely have the right to invite your friend over, especially for reasonable durations during the... View More

1 Answer | Asked in Criminal Law, Land Use & Zoning, Landlord - Tenant and Civil Rights for Michigan on
Q: Neighbor is recording me in the parking lot of our apartment complex because he is trying to prove I have more than

More than two car per household in the parking lot to the main office. I have two and my boyfriend has one- I watched him record me while getting in my car- is this illegal? Also he has been giving me a hard time he lives across the street- I believe he is recording as well.

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information provided, it seems that your neighbor's actions are concerning and causing you distress. However, the legality of his recording depends on several factors, such as your location and the specific laws in your area.

In general, in the United States, it is legal...
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1 Answer | Asked in Personal Injury and Products Liability for Michigan on
Q: Will MI statue of limitations allow me to go forward with a legal case?

I had a few different Bard Powerports Implanted as a minor, in 2011, 2014, 2015. I also believe I had one earlier than 2011. Each had to be surgically removed in emergency surgeries due to multiple blood clots, sepsis multiple times, numerous other infections, and damage to my skin tissue where the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A Michigan attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. The best way to get an answer would be to reach out to attorneys to discuss. Try to arrange a free, initial/no-obligation consult. Nationwide, many jurisdictions allow for tolling... View More

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