Questions Answered by T. J. Jesky

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

1 Answer | Asked in Traffic Tickets on
Answered on Nov 2, 2018
T. J. Jesky's answer
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 license with you at all times. Check with your State, to determine if you are required to have these documents with you at all times.

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

1 Answer | Asked in Animal / Dog Law for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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 people..

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

1 Answer | Asked in Contracts for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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.

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

1 Answer | Asked in Personal Injury for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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.

Before you do anything, check on the internet with the County Recorder to see how the property is titled. If you are listed as a joint owner, you might be in good shape.

If you are the only child,...

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

1 Answer | Asked in Personal Injury for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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 where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby. There would have to be...

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

1 Answer | Asked in Products Liability for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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) Negligence warnings, where a product label doesn't tell you what you need to know for your protection; and

d) Negligence inspections.

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

1 Answer | Asked in Education Law for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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 "class representative" to file a lawsuit. The problem is that you will need to have the Court to "certify" the class action before you can proceed. There is no exact number of plaintiffs to obtain...

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

1 Answer | Asked in Tax Law for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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.

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

1 Answer | Asked in DUI / DWI for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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 liable if they allowed the child to drive a car.

Illinois has passed a specific law that dictates the extent of parental liability in those situations. You’ll find all of the relevant legal...

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

1 Answer | Asked in Social Security for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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 likely the Social Security will issue a replacement. Stop by your local Social Security Office, they can best answer this question, based on your current status.

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

1 Answer | Asked in Landlord - Tenant for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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.

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

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Illinois on
Answered on Nov 2, 2018
T. J. Jesky's answer
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.

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

1 Answer | Asked in Business Formation for Illinois on
Answered on Oct 26, 2018
T. J. Jesky's answer
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.

Although a promissory note is not required, the person loaning the money will want some type of assurances that the loan will be paid-off. The promissory note, offers some degree of protection...

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

1 Answer | Asked in Intellectual Property and Trademark for New York on
Answered on Oct 20, 2018
T. J. Jesky's answer
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 may be awarded, which would include: Netflix’s profits using your trademark, your damages, and the costs of litigating. Treble damages may be awarded in cases where such gross negligence was used...

Q: Do I have a medical malpractice case?

1 Answer | Asked in Medical Malpractice for Indiana on
Answered on Oct 20, 2018
T. J. Jesky's answer
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. I remember when my wife was pregnant, we learned that the average heart rate for a fetus' in the first trimester is approximately 153 bpm (plus or minus 22.8 bpm). Your heart rate would be half...

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

1 Answer | Asked in Employment Law and Business Law for Illinois on
Answered on Oct 20, 2018
T. J. Jesky's answer
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 information with the 10% shareholder.

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

1 Answer | Asked in Car Accidents for Illinois on
Answered on Oct 20, 2018
T. J. Jesky's answer
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 months, increase the number of demerit points on their record, will lose their privilege to drive.

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

1 Answer | Asked in Real Estate Law for Illinois on
Answered on Oct 20, 2018
T. J. Jesky's answer
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 information on-line. Or do you have a copy of the Deed?

Once you find out how the property is titled, if I were you and your brother, I would hire a local Estate Attorney. Tell them you need...

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

1 Answer | Asked in Securities Law for California on
Answered on Oct 20, 2018
T. J. Jesky's answer
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. When you pay the vendor the price of the newspaper, the triggering event takes place, he hands the newspaper over to you.

If you don't pay your rent, the triggering event takes place, the...

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

1 Answer | Asked in Contracts and Real Estate Law for Illinois on
Answered on Oct 20, 2018
T. J. Jesky's answer
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 premises, mitigate his damages, and if he did the lease the premises you would be off the hook.

If you signed a purchase agreement to purchase the property, and you wanted to walk away and return the...

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