In Reynolds v. United States, 98 U.S. 145 (1879), the U.S. Supreme Court ruled that religious duty is not a defense to a criminal indictment for polygamy. It determined that while the First Amendment protects an individual's right to believe in polygamy, it does not prohibit Congress or the...View More
We currently have a divorce petition filed in Texas and a draft decree proposed. Both of us agree of the draft, however both of our lawyers are dragging the process out ( we believe for monetary gain) and we are wondering if we can file the DIY paperwork ourselves and if we have to wait another 60... View More
Unless you have no children and no assets of any real value, it is never advisable to do a DIY divorce unless you have substantial legal experience in family law cases (for example, if you were a paralegal in a family law practice).
A typical agreed divorce can be completed for under...View More
I need to file against the attorney and her firm. She was fired, no one informed me. She appeared to court hearings without informing me but instead told me that I did not have to appear since I am in another state and the other party was not doing what the judge wanted. Her law firm took over... View More
I purchased a shed last Oct. that is now leaking and has caused mold. It has 1yr builder warranty. I'm now being to it's not covered because I had the shed finished. I never received the warranty in person, verbally, via email or mail. Is it still valid?
Can I take action for being terminated for violating drug and alcohol policy for taking a hit off a delta 8 Vape which is LEGAL and not a controlled substance in West Virginia. I was not warned, was not drug tested, but was terminated
Obviously yes. There are certain reasons for which the law requires an employer to give an employee a day off (for instance, Family Medical Leave, jury duty, religious reasons, etc. Whether an employer will give an employee a day off for other reasons depends on the parties' employment...View More
2 years ago I purchased a home with the partner I’d been with for 8 years, both our names were put on the deed and mortgage (though I put in more than double the money he did and it was MY great credit that got us it). We separated shortly after and he has since REFUSED to sell it, refinance, buy... View More
Unless it is his homestead, this sounds like a job for a suit to partition by sale. Co-owners of real property (called co-tenants in common in law) can petition the court at any time to partition the property by sale. The court will balance the equities based upon each party's contributions...View More
I always caution against giving bank login information to anyone. Even if the person is entirely trustworthy, you have no idea how securely they will maintain such information to prevent third parties from accessing it.
I have created a written list of my passwords which I store with my...View More
There is no such thing as an "accidental" theft. The crime of theft requires the mens rea of "knowingly" and, in the most common instances, the specific intent to deprive the owner permanently of the use or benefit of the property.
A complaint for a cause of action goes to trial. At trial, prior to any testimony, defense motions for judgment on the pleadings. The court finds that the elements to support the cause of action are not met but nevertheless denies the motion.. The defense had centered its case on the complaint... View More
Trial amendments like this are commonly made to conform to the evidence. Unless they are a surprise to the defendant and the defendant objects and moves for a continuance, trials often proceed on the merits of the claim as amended because both parties are ready to get their case over with, neither...View More
My ex and I divorced in Nevada, there was an option to not have income withholding which we elected. He's now claiming I owe 4 years of child support becuase I asked for a modification of custody as a way to finically penalized me. I have no real proof I paid it. I receive large cash tips in... View More
Child support in Nevada is collected and disbursed through the Child Support Enforcement Office that keeps records of all amounts received from the Payor or the Payor's employer(s) and disbursed as child support. Any direct payments from the Payor to the recipient are memorialized by an...View More
My mom passed away. Both my brother and I hired an attorney to handle her estate. My brother was represented by this firm in a criminal case. I did not know this before we hired this firm to handle my mom’s estate. Is this unethical and should I file a complaint with the Indiana Bar Association?
No, it probably is not unethical. The previous criminal case is most likely not "substantially related" to the estate case. Both you and your brother's interests ought to be aligned in probating your mom's estate.
Now if your brother's criminal case was for...View More
I am the accused and the other party does not want this to continue and rather put it in the past as it has not affected them whatsoever and are okay. How can the charges and case be dropped by either parties?
In a criminal case, the "other party" is the State, Commonwealth, or United States bringing the criminal charge against the defendant, and is represented by the district attorney, prosecutor, or US attorney. If they do not want to continue the case, they can file a motion to dismiss the...View More
While I think Mr. Gallo's answer is correct based on the question as phrased, I sense a Medicaid look-back issue. Whether such an issue exists depends on whether your aunt received long-term care benefits through Medicaid, which is not mentioned in your question. When a Medicaid recipient...View More
Probably because it would be very, very difficult to convict a parent, particularly if the child is attending a public school during school hours and not an extracurricular activity. Now if there is evidence that the parent knowingly, intentionally, or recklessly sent the child to school with a...View More
Title 2 ADA FITS MY CASE TO A TEE DISCRIMINATION, AND IT IS JUST FOUND THAT FEDERAL LAW STATES IT IS ILLEGAL TO TAKE A CHILD BASED ON METHADONE THIS IS NEW FOUND EVIDENCE AND INFORMATION THAT WOULD OF DIRECTLY EFFECTED OUT COME OF CASE EXAMPLE PERJURY BY PLAINTIFF JUST FOUND IN ORIGINAL... View More
A fortune 500 company charged me almost $800.00 for a cell phone I had returned almost a year ago. Apparently, the store manager who I gave my cell phone to, either sent it to the wrong location or did not follow the proper procedure to return my phone to the warehouse.
While I doubt an attorney would handle a small consumer claim on a pro bono basis, my first question would be how do you calculate $20,000 in compensatory damages based on what happened? Is the fair market value of the missing phone $20,000? Was there some sort of trade secret saved in electronic...View More
The other day I got a letter in the mail from Maximus it says my social security number my birthday all this stuff has been stolen. They are a contractor for Texas Health and Human Services it says data was took from MoveIt software. They only compensation they offer 2 years of credit monitoring... View More
If you have suffered compensable legal damages from someone using the information obtained in the data breach, you very likely have a valid legal claim for more than just two years of credit monitoring.
I recommend you collect as many documents as you can showing your compensable legal...View More
It is illegal under federal law to discriminate in providing housing to any disabled person because they have an emotional support animal. You can request appropriate medical documentation from the disabled tenant confirming that they are actually disabled and that they require the services of an...View More
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