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Questions Answered by T. J. Jesky

1 Answer | Asked in Traffic Tickets on

Q: If I got a fail to provide proof of insurance/license ticket(s) can I have them dismissed if I bring proof?

I misplaced them in my car when I was pulled over with my expired plate by only one month

T. J. Jesky answered on Nov 2, 2018

Generally speaking, the answer is: Yes. The exception would be jurisdiction, where you need to go to Court. I have been a Court many times, where the Judge dismissed the case, without any penalties, upon proof of license and insurance. Many States do not require that your carry your driver's... Read more »

1 Answer | Asked in Animal / Dog Law for Illinois on

Q: Is there any way a monkey can live in Illinois? He's an support animal for my daughter

T. J. Jesky answered on Nov 2, 2018

Since 2011 a ban has been placed in Illinois on owning chimps and monkeys. Monkey owners who purchased their pets before the law went into effect can keep their pets, but no new ones can be purchased legally.

The exception to this new law are monkeys used for therapy or helping disabled...
Read more »

1 Answer | Asked in Contracts for Illinois on

Q: A school sold a parking spot for $330 but then shut the closest door to the parking lot, forcing an extra walk of 90 sec

Hello! I have a question regarding a high school parking lot. If a high school sold access to a parking spot for the length of a school year for $330, and then months later disallowed students to use the door closest to the parking lot with the next closest door being an extra 90 second walk, would... Read more »

T. J. Jesky answered on Nov 2, 2018

It seems to me that it took you more than 90 seconds to write this question. It is doubtful, if there is any legal recourse to avoid this extra 90 second inconvenience. If there was legal recourse, the time, cost and effort to do anything would be prohibited.

1 Answer | Asked in Personal Injury for Illinois on

Q: So my Mom said in front of other people that

she wanted me to have her house, but she died with no will -- what should be do to transfer ownership?

T. J. Jesky answered on Nov 2, 2018

When someone who owns the entire interest in a parcel of land or real property and passes away without a will, the state’s laws of intestate succession generally determine ownership. Therefore, just because she said the property becomes your property means very little at this time.... Read more »

1 Answer | Asked in Personal Injury for Illinois on

Q: Is it true that your dog can be put down after biting someone when it had no prior history of violent behavior?

T. J. Jesky answered on Nov 2, 2018

Dog bites are treated as strict liability in Illinois, with the exception if someone provoked the dog, or is some was trespassing. Under Illinois statutes, if a dog, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place... Read more »

1 Answer | Asked in Products Liability for Illinois on

Q: Under what circumstances is a product considered to be defective?

T. J. Jesky answered on Nov 2, 2018

There are different types of defects and different theories. However, to answer you question based on negligence theory, the focus in negligence will be based on the defendant’s conduct.

This would include defects that are based on : a) Negligence design; b) Negligence manufacture; c)...
Read more »

1 Answer | Asked in Education Law for Illinois on

Q: I need to contact a lawyer who specializes in education law - specifically ACT/SAT fraudulent practices - class action.

Possible illegal practices by ACT testing corporation... I have other individuals who have met with arbitrary accusations of cheating on the SAT test.

T. J. Jesky answered on Nov 2, 2018

It seems a little unusual that ACT testing would risk their reputation with illegal practices. That being said, if you have an actual class action suit, most litigation attorneys are eager to take class action suit. Especially, if the case has merit.

Keep in mind, you only need a single...
Read more »

1 Answer | Asked in Tax Law for Illinois on

Q: Do I have to pay taxes on a personal injury settlement?

T. J. Jesky answered on Nov 2, 2018

Generally, you are not required to pay taxes on any funds awarded to cover costs incurred as a result of the injury that you sustained. These costs can include medical bills and legal bills. However, you must treat any punitive damages that you receive as taxable income.

1 Answer | Asked in DUI / DWI for Illinois on

Q: Are parents held responsible in any way for a minor's DUI?

T. J. Jesky answered on Nov 2, 2018

There are a number of factors that need to be considered. Under the theory of negligent entrustment of a motor vehicle, if the parents knew or should have known that their minor child was incompetent, reckless or unfit to operate a motor vehicle when they allowed him to drive it, they would be... Read more »

1 Answer | Asked in Social Security for Illinois on

Q: Is it possible to renew SSN NOT VALID FOR EMPLOYMENT?

My friend been issued SSN NOT VALID FOR EMPLOYMENT back in 2011. She lost the card and does not remember the number. Now she is coming back to country ( as a tourist ) but still would like to retrieve number and card as its been assigned once for life. Please help with procedure how to renew the... Read more »

T. J. Jesky answered on Nov 2, 2018

Generally this card (not valid for employment) is usually issued to students/immigrant visa holders since they cannot directly use this card to work freely in the United States without obeying the visa constraints.

If the status of the card has not changed, i.e., still a student, it is...
Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: My landlord evicted me for having a dog in our apartment. (But it's a service dog.) Is that illegal?

T. J. Jesky answered on Nov 2, 2018

Under the Illinois Human Rights Law, it is illegal to refuse to sell or rent housing to someone who is blind, hearing impaired, or has another physical disability because that person has a guide dog, hearing dog, or other support dog. This provision applies only to those with physical disabilities.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on

Q: Is there any way to appeal to local zoning laws to allow me to rent out my condo on AirBnb?

T. J. Jesky answered on Nov 2, 2018

Before you appeal to the local zoning board, check with your Condo Associations. Many condo associations do not allow for short rentals. Many require at least 12 months, if you wish to rent the Condo. It might be more difficult to work with Condo Association rather the local authorities.

1 Answer | Asked in Business Formation for Illinois on

Q: If I get a loan, do I need a promissory note too?

T. J. Jesky answered on Oct 26, 2018

You can obtain a loan without any paperwork. For example, a co-worker asks to borrow $20 until next Friday. You make the loan and the co-worker pays you back next Friday. No worries. However, it is always a good idea to have some paperwork that documents what took place and what is expected.... Read more »

1 Answer | Asked in Intellectual Property and Trademark for New York on

Q: Netflix has stolen my registered trademark. How can I afford to take them to court?

They have used my TM in their highly profitable cartoon and refuse to remove it claiming freedom of expression rights over my TM rights. However, according to the Lanham Act, the manner in which they are using it violates my rights. They've threatened to sue me in court if they win.

T. J. Jesky answered on Oct 20, 2018

Wow! It sounds like you actually have valid trademark infringement case against Netflix. This is big time. If you do have a registered trademark and the use of the trademark infringes your trademark, you are on the side of the angels. In certain trademark infringement cases, monetary relief... Read more »

1 Answer | Asked in Medical Malpractice for Indiana on

Q: Do I have a medical malpractice case?

I went in for my first ultrasound at 8 weeks and the ultrasound tech lead me to believe that everything was fine. I went in 2 weeks later to the emergency room because I had some spotting and cramps the emergency room did an external ultrasound and a fetal Doppler but told me that it was normal not... Read more »

T. J. Jesky answered on Oct 20, 2018

First of all, it sounds that you been through some tough times. In order to have a malpractice case, you would need to show negligence. I am not sure you present enough facts to determine negligence. It doesn't make sense to me that they would confuse your heart beat with the fetus' heart beat.... Read more »

1 Answer | Asked in Employment Law and Business Law for Illinois on

Q: Should a 10% shareholder of an established LLC have access to an independent contractors personal information?

I work as an independent contractor (trivia host) for a small sole proprietorship trivia company that is changing to an established LLC, and changing ownership as well. The owner made a person a 10% shareholder of the company, and this person has nothing to do with me. His sole responsibilities... Read more »

T. J. Jesky answered on Oct 20, 2018

This is a good question. If the 10% shareholder is involved in the day-to-day business operations of the LLC, I can see where they might have access to this information.

If the shareholder is a passive investor, the managing member of the LLC may have passed the line in sharing this...
Read more »

1 Answer | Asked in Car Accidents for Illinois on

Q: Can you lose your drivers license in IL if you cause a certain number of accidents?

T. J. Jesky answered on Oct 20, 2018

It is going to depend on the reason for the accident and if the judge views you license should be suspended.

For example, in Illinois, failure to yield right-of-way is 20 points against you, negligent driving is 10 points. Generally, motorists who commit three or more offenses within 12...
Read more »

1 Answer | Asked in Real Estate Law for Illinois on

Q: My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half.

My parents lived in Chicago and owned a home in Puerto Rico. They both passed away within the last year and half. My brother and I (we live in Chicago) would like to sell the house in Puerto Rico. My mother did not have a will. My father signed a will but it was not notarized. The signature was... Read more »

T. J. Jesky answered on Oct 20, 2018

First, find out how the property is titled in Puerto Rico. Is it in the name of your parents? Perhaps it is a life estate where it is reverted to you and your brother (I doubt this would be the case, but who knows?). If you have the property identification number, you might be able to find this... Read more »

1 Answer | Asked in Securities Law for California on

Q: Can you explain what a "triggering event" is? I keep seeing the term.

T. J. Jesky answered on Oct 20, 2018

A triggering event refers to an occurrence that, once breached or met, it causes another event to take place. Triggering events are written into contracts to prevent or ensure that if something happens the next event will happen.

For example, you want to buy a newspaper at a news stand....
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1 Answer | Asked in Contracts and Real Estate Law for Illinois on

Q: We signed a contract for deed in IL and cannot afford to stay. Can we vacate the premises and return property to seller

We want to get out of the contract for deed. We are behind on payments. Seller states if we move we are liable for the entire amount

being due immediately...

T. J. Jesky answered on Oct 20, 2018

There are too many missing parts to your question. If you signed a contract to lease the premises and with option to purchase at the end of the lease, then you would be liable for the term of the lease. That being said, the landlord would need to make a reasonable effort to the lease the... Read more »

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