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

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

To file a complaint against a lawyer for professional misconduct in Mississippi, see this website:... View More

Yes. If a Seller gives a warranty on its goods, the warranty is valid and enforceable even if the consumer never read or even received a printed copy.

Under the Magnuson Moss Act, the Seller must make the warranty available upon request. Back in the day, Montgomery Ward Department Store... View More

Due to growing safety concerns, on June 8, 2023, Delta-8 became an illegal Schedule 1 controlled substance in West Virginia.

Putting that aside, an employer can fire you for violating its own drug and alcohol policy and is free to include Delta-8 in its policy regardless of whether it is... View More

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

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.

An accidental taking of property--for... 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

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

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

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

This is actually a very real issue:

https://www.nytimes.com/2023/06/29/magazine/pregnant-women-medication-suboxonbabies.html

but one which likely will require legislation to fix. What you describe is not "new evidence." It is a legal argument based upon a law that could... View More

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

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

Under New Jersey law, a worker is considered an employee unless an employer can satisfy all three of these criteria:

1. Such individual has been and will continue to be free from control or direction over the performance of such service, both under his contract of service and in fact;... 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