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Questions Answered by T. J. Jesky
1 Answer | Asked in Business Formation on
Q: Board of directors 7 member brd. Had meeting with 4 members present. Vote on issue was taken, 3 yes 1 no.

Wasn't 4 yes needed to pass

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

Short answer: Probably not. The By-laws of the Company will determine if what took place properly meets the required corporate formalities. That being said, most By-laws state that a Director quorum takes place if the majority of directors are present, after being properly notified that a Board... View More

1 Answer | Asked in Consumer Law for Florida on
Q: Can I sue an unlicensed plumber for home damages, and deceptive business practices? He lied and told me he was licensed

He showed me his liability insurance and said that he wouldn't be able to obtain that without being licensed and I believed him and let him start the work. I later called insurance and they said he doesn't have to have a license to be insured. He broke holes into my floor and exterior... View More

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

Of course you sue this unlicensed plumber. You can sue him for: damages to your property, not fulfilling his contractual obligations, unjust enrichment, and fraud (based on how he mislead you). He is also responsible for the fees you had to pay another plumber to complete the work he did not... View More

1 Answer | Asked in Contracts on
Q: Hello, thank you for being here. Dumb question: Please tell me if a "dispute term" is the same as "dispute clause?"

The terms are confusing me. You represent an Australian company (BS Fine Stemware Pty Ltd) which is negotiating the purchase of glass products from a Vietnamese company (Vietnam Glass Corp) which has some assets in Vietnam and some assets in Singapore.(which court?asset-base distributed so how... View More

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

A dispute term would be words, like "conflict" or "controversy." A dispute clause would be a lengthy explanation of how the two entities would agree to settle a dispute, should a dispute arise.

In reading what you provided, it appears they want language from you,...
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1 Answer | Asked in Animal / Dog Law for Indiana on
Q: Stolen pet returned home on own. Who has custody?

4 months ago my kids dog was taken from my back yard. Today she ran up to our front door barking to be let in. Just like the past. She still answers to her name and has all the same markings. I made facebook posts and kept an eye out on my side of town. I asked people when they posted lost... View More

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

Sounds that you actually answered your own question. If the pet was stolen, the people who stole the pet did not have legal custody of the pet. It was a stolen pet, owned by your family. You family is rightful owner of the pet, and your family has custody of the pet. If you haven 't done... View More

1 Answer | Asked in Copyright and Trademark for Arizona on
Q: I have designed a few t-shirt designs with specific words on them in addition to the design. will a copywrite protect?

I want to incorporate the names of the local universities mascots into my designs. I have already contacted the 4 major Az universities and they are interested but they suggested I contact companies that already have their permission/ license to print to save me money because of the Universities... View More

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

Copyright protects original works of authorship, whereas a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

If you haven't done so, you should register your copyright with...
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2 Answers | Asked in Estate Planning for Arizona on
Q: What should be included in a final will and testament?
T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

All of your personal and real property, and your instructions, who and how the property is to be distributed to your heirs.

It is for this reason, you should find a local attorney who can help you properly prepare your final will and testament.

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1 Answer | Asked in Uncategorized for Indiana on
Q: In Indiana if a family member stays and is told to leave and they won’t they are not paying rent how do I get them out
T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

The first step is to have a serious talk with the family member, i.e., either pay rent or move out. If that fails,

the next step is to give them an ultimatum. Give them a specific deadline and state that they have to be completely moved out by then. You can offer to assist them in...
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1 Answer | Asked in Criminal Law for Wisconsin on
Q: If someone has suffered major personal setbacks (loss of car, job,power at the house) and was diagnosed with depression

was prescribed Zoloft and then began exhibiting unusual self-destructive and risky behavior such as shoplifting, could the fact that this drug lists these behaviors as side effects be an adequate defense in a retail theft case?

T. J. Jesky
T. J. Jesky
answered on Sep 23, 2018

There are many side effects to Zoloft, and I am believe depression may be one of the side effects. However, shoplifting is a not a side effect Zoloft. It might help provide an explanation; however, it does not negate the shoplifting charge. You should find a local attorney in your area to help... View More

2 Answers | Asked in Animal / Dog Law and Gaming for Indiana on
Q: My mom has dogs and they peed on my game systems and it fried them I was wanting to know if I could press charges on her
T. J. Jesky
T. J. Jesky
answered on Sep 22, 2018

First, you cannot "press charges," only the local prosecutor can "press charges." You do have a civil case of "conversion" against the dogs. However, that is not going to help you very much. There is no question that you are upset; however, you have few legal... View More

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1 Answer | Asked in Real Estate Law for Wisconsin on
Q: I am looking at the vilas county recording website and in there it says GTR/E, what does that mean
T. J. Jesky
T. J. Jesky
answered on Sep 22, 2018

Most likely GTR/E, can be either the Grantor or Grantee, based on whether or not is was the seller or buyer. The grantor is the person/entity who grants (sells) their property to another. The Grantee is the person acquiring (buying) the property. This is just an abbreviation to designate who... View More

1 Answer | Asked in Insurance Defense for Wisconsin on
Q: Was involved in a small boat accident -- will my homeowner's cover it?
T. J. Jesky
T. J. Jesky
answered on Sep 22, 2018

Homeowner’s insurance might provide insurance coverage for these injuries. However, not all boat owners have boating insurance coverage through their homeowner’s policy. Your might or might not be able to file a claim against your own homeowner’s insurance for this type of injury. The next... View More

1 Answer | Asked in Federal Crimes for Illinois on
Q: Could the state of Illinois prosecute a federal crime if it wanted to?
T. J. Jesky
T. J. Jesky
answered on Sep 22, 2018

Generally speaking, a state prosecutor can not prosecute a federal case. State prosecutors prosecute state crimes. However, there are many federal laws that have state counter parts which can also be prosecuted at the state level.

That being said, in very rare cases, a state prosecutor...
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1 Answer | Asked in Products Liability for Illinois on
Q: If we want to launch a product and we call it beta, does that protect us in any way?
T. J. Jesky
T. J. Jesky
answered on Sep 21, 2018

As you are aware, Beta testing is just a test to ensure software meets functional expectations. With regards to your question, if you want to protect your beta testing with others, you should have them sign either a:

1) Non Disclosure Agreement. This is a fairly standard business...
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1 Answer | Asked in Child Support for Illinois on
Q: Is non custodial parent who is disabled & on SSDI obligated to pay child support?
T. J. Jesky
T. J. Jesky
answered on Sep 21, 2018

If your disability causes you to have less money than you made in the past, your child support payments may become financially impossible. This does not relieve you automatically from making child support payments. You are still obligated. However, you can request that your child support... View More

1 Answer | Asked in Landlord - Tenant for Illinois on
Q: Do tenants without a lease need to give notice before moving out?

I have tenants who's lease expired, they kept living there and paying rent for some time. They now want to leave with 10 days notice and not pay October rent, I figure they were month to month and probably owe us 30 days notice. Are they obligated to pay next month's rent?

T. J. Jesky
T. J. Jesky
answered on Sep 21, 2018

Good question: Whether the tenant moved in and never signed a lease, or if they once had a lease and the lease ended, but they continued to rent on a month-to-month basis, Illinois state law requires they give the landlord written notice before they move out. If the tenant pays rent once a week,... View More

2 Answers | Asked in Criminal Law for Illinois on
Q: Is it legal to sell someone's stuff if they are in jail?

A friend of mine recently went to jail, and his family emptied his savings and sold his guns, clothes, tools etc. Is that legal? Because as I understand it, until he's convicted, he still has rights over his possessions.

T. J. Jesky
T. J. Jesky
answered on Sep 19, 2018

The short answer is: No. However, if he gave his family permission to sell his personal property, they needed money to pay his legal fees, or if he abandoned his personal property, that would be a different story.

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2 Answers | Asked in Real Estate Law for Illinois on
Q: Discovered more than half of my outbuilding isn't on my property, can I go after the title company for this?
T. J. Jesky
T. J. Jesky
answered on Sep 19, 2018

If the encroachment was not on your title policy that you received on or before closing, the title company is liable. Before you do anything, check to see if it was disclosed in the title report. Further, you could have a claim against your seller if the encroachment is not a permitted exception.... View More

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2 Answers | Asked in Contracts for Illinois on
Q: We hired a contractor in May. It's now September. Work is not complete, can we sue? We already paid him...

Contractor kept putting us off. I called him at the end of June and told him we needed our patio by the end of July. He told us we'd have a beautiful patio by then. We did not. We have a unlevel, unmeasured, poorly stamped crooked patio. It's September and it's still not cut and... View More

T. J. Jesky
T. J. Jesky
answered on Sep 16, 2018

The fact that the summer has passed, and the permit expired, unless your contract with the contractor stipulates otherwise, "yes" you can sue.

Before you sue, you should probably do the following:

Send the contractor a certified letter acknowledging the breach of contract,...
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1 Answer | Asked in Divorce for Illinois on
Q: Is it legit for my wife to be requesting my financial assistance when she makes vastly more than me (divorce pending)?

She is the plaintiff in a very drawn-out and contentious divorce, in which we have a young child. She has always made easily five times what I did, when I was working. When she left, she knowingly left me homeless and losing that job. She took all money and assets, buying since the house I expected... View More

T. J. Jesky
T. J. Jesky
answered on Sep 16, 2018

You need to know that Illinois is an "equitable distribution" state when it comes to divorce. The marital property shall be divided in an equitable fashion. Equitable does not mean equal, but rather what is fair.

If the parties cannot otherwise agree on a divorce settlement,...
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1 Answer | Asked in Family Law and Juvenile Law for Illinois on
Q: Is there a law in Illinios against using a paddle on your teenage child? This paddle is exactly 6"X3".

Thank you in advance for any assistance you can provide. We were told in 11/17 by DCFS that this paddle was legal and even told us as they were walking out the door that we should "buy a bigger paddle." My husband used the paddle once and only two of my three kids (both 14yrs old) were... View More

T. J. Jesky
T. J. Jesky
answered on Sep 16, 2018

It is a difficult to understand the fine line between legitimate corporal punishment (that is, physically disciplining a child using a hand or foot, switch, belt, or 6 x 3 paddle) and child abuse. Illinois Compiled Statute 325 ILCS 5/3 defines an abused child as one who has had “excessive... View More

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