I assume what you are asking is what is the difference between a constitution and statutory law. If so, the answer is rather straightforward. A constitution is a grant of authority from the people to its government. A constitution lays out the structure, powers, and limits on government. For...View More
The answer will depend entirely on the terms of your lease. The First Amendment prevents the government from restricting your expression, but it does not prevent private individuals from doing so. If you are leasing your property, the land lord/ property owner has the right to put certain aesthetic...View More
I was detained by three city police officers when someone said I solicitated them when trying to share information from the Bible. The cops then took my id ran a background check and said if I came back they would arrest me. Is it legal to preach on a community college campus and can I legally be... View More
As a general matter, the First Amendment Protects the right to proselytize in public places (i.e. public parks, sidewalks etc.). However, courts have upheld "reasonable time place and manner" restrictions on the right to speak, so long as the restriction is not based on the content of the...View More
I would contact your neighbor and request that each of you pay half the cost of repair or replacement. If a neighbor refuses and it is a health and safety risk, you should have the fence replaced at your own cost and then seek contribution from your neighbor in court.
I would suggest seeking a temporary restraining order if there is a threat of immediate harm. However, it would be a good idea to first contact the neighbor to try the resolve the matter without court proceedings.
Consider consulting with a local land use attorney to review your...View More
If you are asking if the appeals process is cruel and unusual punishment, the answere is it can often be a prolonged arduous process. However, if you are the appellee and receive a monetary judgement, remember that interest will continue to accrue on that award during the appeal process.
It means a reviewing court, usually a court of appeal, has determined that a trial court judgement should be vacated, or in other words, eliminated. Remand means the case will now go back to the trial court for further proceedings consistant with the reviewing court decision.
My children's father was found guilty of armed robbery in 2009 and sentenced to 13 years in state prison. I attended the court hearing in which witnesses testified that they never saw a weapon in his hand, but they believe he had one. There was another person involved in the incident where... View More
You may have prescriptive easement over the three feet which will allow you to continue to use that area as before. If you paid property taxes on this three foot strip of land you may also have ownership of it based on the law of adverse possession. You should carefully review your property tax...View More
It is not clear who is trying to "take" your property and how. If the government wants to take your land, it will have to pay you just compensation under the Fifth Amendment. The government's power to do this is called eminent domain. To learn more about eminent domain visit...View More
If the industrial zoning designation was made after you were already living in the building, then you may a have a good argument that your right has been "grandfathered." Typically zoning designations cannot be applied retroactively.
For more information on zoning law visit...View More
If your neighbor refuses to discuss the issue, your remedy would typically involve a claim to quiet title to the property in question. You would argue the land is yours and you have the right to use it. However you can expect the neighbor to argue that he has a prescriptive easement to continue...View More
The best place to start -contact the building department with jurisdiction of the property in question. Ask about their retrofit requirements and any other agencies or commissions that may have jurisdiction over property development/upgrades/renovations, contact those agencies as well with the same...View More
Sorry more information. farm in western Colorado. Farmer next to my says he has a pice of paper show he has right. Problem the farm has been our ownership since 1901 title clear, no leans, have given about and rights. the farm was share crop and still pipe install 2 1/2 ago. absent... View More
Unless the corporation has a written recorded easement, or a prescriptive easement to allow for the installation of the pipe, you may have a claim for trespass. You should research the title to your property and also call the corporation to inquire as to the legal right to install the...View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.