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Minnesota Questions & Answers
1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: Tenant wins case ,the case got dismiss, in Minnesota due to the fact, landlord receive money twice in January

The fitness remain in property. Where do they go from there as far as written survey give all notices of repairs

James L. Arrasmith
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answered on Mar 31, 2024

If the tenant won the eviction case and it was dismissed due to the landlord receiving rent payments twice in January, the tenant has the right to remain in the property. Here are the next steps the tenant should consider:

1. Request a written repair request form: The tenant should ask the...
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1 Answer | Asked in Municipal Law for Minnesota on
Q: If there is 2 water rates in the same area can they make us pay the higher one out of convenience for there company

, at a rate which is greater than either of the following:

(1) a rate which the resident could pay directly for the same utility service from some other comparable source in the same market area; or

(2) a rate which is charged to single family dwellings with comparable service... View More

James L. Arrasmith
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answered on Mar 8, 2024

If you're being charged a higher water rate than others in your area for the convenience of the company, it's crucial to understand your rights and the regulations governing utility services. Utility companies are often regulated to ensure fairness and to prevent discriminatory pricing... View More

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: During the araignment can one ask if the charge is Sovereign rights violation or a contract statute violation?

Clearfield Doctrine: [4] Corporations are not and can never be SOVEREIGN. They are not real, they are a fiction and only exist on paper. 5] Therefore, all laws created by these government corporations are private corporate regulations called public law, statutes, codes and ordinances to conceal... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

This is a bunch of nonsense. Folks have been raising sovereign citizen arguments for at least the last 15 or 20 years, probably longer. They aren't successful. If they were, these arguments would be raised in every single criminal case and no one would be convicted.

1 Answer | Asked in Employment Law for Minnesota on
Q: Can a company fire you after your last day?

I got into a little trouble with my job. I was given permission by a supervisor to take food to be thrown away at the end of the night. I did that for a while. I got caught by management, they sent it up to corporate. I gave my 2 weeks for unrelated reasons in the meantime. My second to last... View More

James L. Arrasmith
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answered on Mar 5, 2024

Based on the information you provided, it seems that your employer may be attempting to retroactively terminate your employment after your last day, which could potentially affect your eligibility for unemployment benefits. Here are a few points to consider:

1. Resignation vs. Termination:...
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1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I was never served on a conciliation court hearing and a judgement was issued. How do I tell the judge?
Robert Kane
Robert Kane
answered on Mar 7, 2024

You will need to file and serve a Notice and Motion to Vacate Conciliation Court Judgment. The forms vary depending on when the judgment was sent. An attorney can help you for likely a minimal fee. If the judgment is over $7,500 it may be worth it.

1 Answer | Asked in Contracts and Landlord - Tenant for Minnesota on
Q: Can I appeal a MN small claims judgement against me if I have since learned new information for a judgement in my favor?

Tenant sued me for not returning her deposit in the required 21 days. I admitted that I returned it late, however at the time of trial I didn't realize that the 21 window starts when the tenant vacated/term ended, AND tenant provides forwarding address. I looked back and she didn't... View More

Robert Kane
Robert Kane
answered on Mar 4, 2024

A Conciliation Court order or judgment can be appealed at the District (Trial) Court.

The facts are reviewed “de novo,” which means the case gets a fresh start before the District Court judge. There may be a civil trial and either party can request a jury.

To learn more about...
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1 Answer | Asked in Copyright and Intellectual Property for Minnesota on
Q: I want to use a section of a song with the lyrics removed and dubbed over audio of my student film, is it fair use?
James L. Arrasmith
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answered on Mar 4, 2024

Using a section of a song in your student film, even with the lyrics removed and dubbed over, can be complex when considering fair use provisions. Fair use is determined by factors such as the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of... View More

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: License suspension from speeding tickets?

Hello! I’m afraid I am facing license suspension, but after further research I’m a little confused. My first ticket was 1/11/2022, second was 11/14/2022, third was 2/6/2023 and my fourth ticket being 3/1/2024. I’ve THOUGHT after 4 tickets your license would automatically be suspended for 30... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Mar 3, 2024

The answer is in Minnesota Rules 7409.2200 HABITUAL VIOLATORS, available online. (For those with a Minnesota Driver's License, at least.) Four petty misd. traffic offenses within a 12-month period; or five traffic within a 24-month period will get a DL suspension. The rule is more complex... View More

1 Answer | Asked in Landlord - Tenant for Minnesota on
Q: I am suing my landlord. They never make repairs, and the repairs that they need to make affect health and safety.

I told them I was going to sue them, as they did not repair a window that was damaged and someone came in and sexually assaulted me. My case was accepted and is moving forward, however the day after I filed, they filed a retaliatory eviction. I see this as a jurisdictional conflict as I put in my... View More

James L. Arrasmith
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answered on Mar 5, 2024

To research cases similar to yours where there's a jurisdictional conflict due to simultaneous legal actions in different courts, focus on keywords that describe your situation. Use terms like "retaliatory eviction after lawsuit," "jurisdictional conflict in civil cases,"... View More

1 Answer | Asked in Land Use & Zoning for Minnesota on
Q: Are Items touching neighbors fence considered trespassing?
Robert Kane
Robert Kane
answered on Mar 3, 2024

Items touching neighbors fence could be considered trespassing.

2 Answers | Asked in Divorce and Family Law for Minnesota on
Q: Can I get help to divorce with no money in Minnesota?

I am a mother of 3 unemployed married 12 yrs, full time student, going through hardship (marriage) husband mistreating me and his family steeling my person documents for their own personal used. Told they brought me to the states. no family support cant do nothing family overseas. Been diagnosed... View More

T. Augustus Claus
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answered on Mar 1, 2024

In Minnesota, individuals facing financial difficulties, such as being unemployed and experiencing hardships like mistreatment within a marriage, can seek assistance for obtaining a divorce. Various resources are available, including legal aid organizations that offer free or low-cost legal... View More

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1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I got pulled over and got a ticket. Although my ticket does not have a citation number on it anywhere or my speed.

What does this mean? Is it kinda invalid now maybe? I obviously can't look it up without a citation number

James L. Arrasmith
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answered on Mar 1, 2024

Receiving a ticket without a citation number or the recorded speed is unusual and might seem like an oversight that could affect the ticket's validity. However, it's important to note that the absence of this information on the ticket itself does not automatically make it invalid. The... View More

1 Answer | Asked in Criminal Law for Minnesota on
Q: Ex brought a guy over I was rammed by his car.

My ex claimed to get a phone number off my phone while I slept the person claimed to be my friend. She left her child who I was not responsible for to meet him. I found her with a guy she was in the front seat of the vehicle with him. I tried to talk to them, but he rammed me with the car. The... View More

James L. Arrasmith
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answered on Feb 28, 2024

I'm sorry to hear about this difficult situation. Here are a few suggestions that may help:

- Document everything you can remember about the incident, including the date, time, location, vehicle description, driver's identity if known, and any injuries or damage caused. This could...
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1 Answer | Asked in Intellectual Property and Trademark for Minnesota on
Q: To use the term “Swim A Thon” as a fund raiser, do we need any sort of consent or permission?

We are doing a fund raiser for our local pool. Some wish to call it Swim A Thon…while others fear that using that term could get us into some legal trouble???

James L. Arrasmith
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answered on Feb 27, 2024

Using the term "Swim A Thon" for your fundraiser requires a bit of caution due to potential trademark issues. Trademarks protect brand names, slogans, and other identifiers from being used without permission, especially if they could cause confusion among the public or imply an... View More

1 Answer | Asked in Employment Law for Minnesota on
Q: Can I be fired for repeating known workarounds to a company policy to my team members heard from my manager?

Company policy at my remote company does not allow working outside the lower 48. I repeated this policy to my direct report. I also told them no one really checks where we work from, which I heard directly from my manager and the president of the company. I also had direct knowledge of other team... View More

Robert Kane
Robert Kane
answered on Feb 27, 2024

Unless your position is covered by a contract prohibiting this specific termination, there is probably nothing inappropriate or unfair. Feel free to seek a legal opinion.

1 Answer | Asked in Traffic Tickets for Minnesota on
Q: I was pulled over and cited in a friend's car for no proof of insurance. Do I pay the fine or go to court?
Thomas C Gallagher
Thomas C Gallagher
answered on Feb 27, 2024

It appears to on the "2024 STATE PAYABLES LIST TRAFFIC/CRIMINAL" list for Minnesota Courts. That means it should be "payable" online, via the Minnesota court's website without court appearance. But is that a good idea? Doing so will result in the court... View More

2 Answers | Asked in Business Law, Federal Crimes and Criminal Law for Minnesota on
Q: Is it illegal to make fake money if it is clearly fake?

I want to make 1:1 hand drawn copies of US currency, and present them as an artwork. I wouldn't be attempting to make them realistic, I would only be drawing them with cheap markers on green copy paper. I want to know if it would be illegal to sell the artwork if somebody was interested in... View More

James L. Arrasmith
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answered on Feb 25, 2024

Creating hand-drawn copies of U.S. currency, even if not intended to be used as real money, can navigate a fine line legally. Under U.S. law, reproducing currency with the intent to deceive is illegal. However, the law allows for the creation of illustrations of currency under specific conditions,... View More

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2 Answers | Asked in Car Accidents for Minnesota on
Q: I hit a pedestrian who was jaywalking in a parking lot, thankfully he wasn’t hurt bad. Is this my fault?
Joel Gary Selik
Joel Gary Selik
answered on Feb 23, 2024

From these facts alone, fault cannot be determined but it was probably your fault.

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2 Answers | Asked in Personal Injury for Minnesota on
Q: My attorney does not respond over yrs this time I sent him four past two weeks with no response at all
Robert Kane
Robert Kane
answered on Feb 22, 2024

Failure to communicate in one of the most common complaints regarding attorney. Complaints against lawyers should be directed to the Office of Lawyers Professional Responsibility, (651) 296-3952.

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