Arizona Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- Uncategorized
- White Collar Crime
- Wrongful Death
Arizona Questions & Answers
Q: I have an idea but I don't have the money or the technical skill to build it and promote it. What can I do?
Kevin Flynn's answer
It takes a lot of things to bring a new product to market. It takes recognition of an unmet need and a thought on a possible solution. It takes the technical skill necessary to produce a prototype. It takes the technical skill to figure out how to economically make the product and this often takes different skills from how to make a prototype. Then it takes skill to sort out marketing channels, pricing, and a wide range of business issues.
Very few people have the full set of...
It takes a lot of things to bring a new product to market. It takes recognition of an unmet need and a thought on a possible solution. It takes the technical skill necessary to produce a prototype. It takes the technical skill to figure out how to economically make the product and this often takes different skills from how to make a prototype. Then it takes skill to sort out marketing channels, pricing, and a wide range of business issues.
Very few people have the full set of...
Q: Both parties live in CA and were arrested in Arizona for domestic violence. Both parties want to dismiss case.
Ashelee Weeks' answer
At this point, the State is prosecuting the case. The State does not typically dismiss DV cases just because the parties do not want to aid in prosecution. The next move would be to hire an experienced Arizona attorney to handle the case, including appearing at the next court hearing, gathering the evidence and negotiating the best outcome with the prosecutor. Depending on the charges and the jurisdiction, an attorney may be able to appear on the parties' behalf.
At this point, the State is prosecuting the case. The State does not typically dismiss DV cases just because the parties do not want to aid in prosecution. The next move would be to hire an experienced Arizona attorney to handle the case, including appearing at the next court hearing, gathering the evidence and negotiating the best outcome with the prosecutor. Depending on the charges and the jurisdiction, an attorney may be able to appear on the parties' behalf.
Q: Is workers' comp all state based or do the feds get into it?
Joel Friedman's answer
Workers' compensation (WC) plans are all state based. The state plan will not cover federal employees even in the state (they are covered by various federal WC plans depending on the agency), and most companies owned or operated by Native American nations are not covered by state plans unless the nation submits voluntarily to the state WC plan. There are also typically special rules for longshoremen [sic] and harbor workers
Workers' compensation (WC) plans are all state based. The state plan will not cover federal employees even in the state (they are covered by various federal WC plans depending on the agency), and most companies owned or operated by Native American nations are not covered by state plans unless the nation submits voluntarily to the state WC plan. There are also typically special rules for longshoremen [sic] and harbor workers
Q: I ran a farmers market for 2 years. When it started to fail in 2015, I closed the business. Do I still owe its debts?
Michael Gerity's answer
In a general sense, one of the goals of forming a business entity is to limit the liability of the owners to only what they put into the business and what it earns. However, the success of this goal depends on a lot of factors. You don't mention whether or not you actually formed a business entity, such as a corporation, LLC or partnership. Whether or not you did, and what kind of entity you used if you did, make a huge difference in addressing your specific situation. Even if you formed an...
In a general sense, one of the goals of forming a business entity is to limit the liability of the owners to only what they put into the business and what it earns. However, the success of this goal depends on a lot of factors. You don't mention whether or not you actually formed a business entity, such as a corporation, LLC or partnership. Whether or not you did, and what kind of entity you used if you did, make a huge difference in addressing your specific situation. Even if you formed an...
Q: My 21 year old son was found dead in his car August 13th. I live in AR. There is a video. How do i get info and copy?
1 Answer
| Asked
in
Wrongful Death, Family Law and Civil Rights
for
Arizona
on
Answered on Sep 18, 2017
Answered on Sep 18, 2017
Peter Munsing's answer
Find out who has the video.
Ask the victim assitance coordinator at your DA's office.
Find out who has the video.
Ask the victim assitance coordinator at your DA's office.
Q: How can I get a man who is in CA to be charged with what he did here in AZ. I'm the victim and I have physical damage
1 Answer
| Asked
in
Criminal Law, Civil Rights and Domestic Violence
for
Arizona
on
Answered on Sep 15, 2017
Answered on Sep 15, 2017
Q: Can I file bankruptcy on a house I own with my ex?
Michael Gerity's answer
Hello. Understand that, if you file for bankruptcy, it would be as to ALL of your debts (or at least all of the dischargeable ones). A person cannot pick and choose which debts are included in a bankruptcy filing. You file for yourself, and you must list all of your debts. Any filer is then free to reaffirm certain debts, certain debts are not dischargeable, and other factors come into play that can leave existing debts in place, but a bankruptcy cannot be filed as to only a single debt....
Hello. Understand that, if you file for bankruptcy, it would be as to ALL of your debts (or at least all of the dischargeable ones). A person cannot pick and choose which debts are included in a bankruptcy filing. You file for yourself, and you must list all of your debts. Any filer is then free to reaffirm certain debts, certain debts are not dischargeable, and other factors come into play that can leave existing debts in place, but a bankruptcy cannot be filed as to only a single debt....
Q: Hello, I live in Arizona. In February, I purchased a new Honda Civic Coupe car that was stolen in August this year.
Peter Munsing's answer
Contact a member of the Arizona Trial Lawyers Assn who handles bad faith claims.They give free consultations. Get one. Chances are you are stuck, but you can also make sure you have a copy of the entire policy document and the insurance commissioner regulations. Your state may have a crime victims compensation act which may cover things your insurance doesnt.If they catch the idiots you can ask for restitution, but that takes time
Focus on what matters. 3300 miles sounds big but in the...
Contact a member of the Arizona Trial Lawyers Assn who handles bad faith claims.They give free consultations. Get one. Chances are you are stuck, but you can also make sure you have a copy of the entire policy document and the insurance commissioner regulations. Your state may have a crime victims compensation act which may cover things your insurance doesnt.If they catch the idiots you can ask for restitution, but that takes time
Focus on what matters. 3300 miles sounds big but in the...
Q: Can a paver brick such as a brick used in walkway with names stamped in them be patented?
Peter D. Mlynek's answer
Yes, it could be patentable.
What I mean is that this is the type of thing for which patents are awarded (i.e., it is "patent eligible subject matter").
The problem is that it may be difficult to get a patent, because it may seem obvious to the patent office. Without looking into this in more detail, it is not easily determined if you will likely get a patent or not. You can see what your chances are by doing a patent search or an open literature search prior to spending money...
Yes, it could be patentable.
What I mean is that this is the type of thing for which patents are awarded (i.e., it is "patent eligible subject matter").
The problem is that it may be difficult to get a patent, because it may seem obvious to the patent office. Without looking into this in more detail, it is not easily determined if you will likely get a patent or not. You can see what your chances are by doing a patent search or an open literature search prior to spending money...
Q: What kind of licensing do I need to use a song on a podcast if the artist has given permission and owns the rights?
Barbara Berschler's answer
It sounds like you should ask for a written license/permission to use the work which states that the song writer does in fact own all of the rights and he is granting you x times to use the work under certain circumstances. You should consider all of the ways you might use the work going forward, not just in your actual podcast, but if you intend to replay it so that the license covers all. Also, what happens if your listeners make a copy of the podcast with the song included. I suggest you...
It sounds like you should ask for a written license/permission to use the work which states that the song writer does in fact own all of the rights and he is granting you x times to use the work under certain circumstances. You should consider all of the ways you might use the work going forward, not just in your actual podcast, but if you intend to replay it so that the license covers all. Also, what happens if your listeners make a copy of the podcast with the song included. I suggest you...
Q: can I qualify for a divorce lawyer in Phoenix arzonia pro bono if I live in la county, california ?
Joseph Torri's answer
You may want to ask some pro bono/legal aid agencies in Phoenix if they can help you. However, I think a lot of the agencies require that you live in their jurisdiction, but it doesn't hurt to ask them. California lawyers who are not licensed in Arizona won't be able to comment, and it's a good idea to post this question in Arizona. However, the situation seems off especially if your mom didn't file a proof of service. It sounds like your mom served you, but there might be an issue of her...
You may want to ask some pro bono/legal aid agencies in Phoenix if they can help you. However, I think a lot of the agencies require that you live in their jurisdiction, but it doesn't hurt to ask them. California lawyers who are not licensed in Arizona won't be able to comment, and it's a good idea to post this question in Arizona. However, the situation seems off especially if your mom didn't file a proof of service. It sounds like your mom served you, but there might be an issue of her...
Q: What should I do if a creditor demands payment of a debt after I file my case?
Michael Gerity's answer
The first thing to do would be to send them a copy of your Notice of Filing, which you should have gotten from the court shortly after you filed. That SHOULD hold them off, because even if their debt is not dischargeable in bankruptcy, the creditor is subject to the automatic stay (assuming you are entitled to a stay--prior bankruptcy filings and other things might impact that). That usually gets them to back off. If they don't, then find out why they claim they are not subject to the...
The first thing to do would be to send them a copy of your Notice of Filing, which you should have gotten from the court shortly after you filed. That SHOULD hold them off, because even if their debt is not dischargeable in bankruptcy, the creditor is subject to the automatic stay (assuming you are entitled to a stay--prior bankruptcy filings and other things might impact that). That usually gets them to back off. If they don't, then find out why they claim they are not subject to the...
Q: Hired n told i was going to make 11.37 a hr, got it on paper n found out im getting only ten, is that against the law
1 Answer
| Asked
in
Business Law, Contracts and Employment Law
for
Arizona
on
Answered on Aug 21, 2017
Answered on Aug 21, 2017
Richard Michael Gee's answer
Sounds like you've got a wage and hour claim. You should either contact an attorney who works in this area in your state or you may be able to call your state department of labor and see what they can do for you.
Sounds like you've got a wage and hour claim. You should either contact an attorney who works in this area in your state or you may be able to call your state department of labor and see what they can do for you.
Q: Do I have the right to refuse a breathalyzer test?
William Head's answer
Yes, but every state has implied consent laws. These laws call for ADMINISTRATIVE SUSPENSION< or REVOCATION of your license. Plus, some states, like Hawaii, give you JAIL time, for a DUI refusal.
Contact a HIGHLY skilled AZ DUI lawyer, if you have a pending drunk driving case.
https://ncdd.com/find-an-attorney/usa/arizona
Yes, but every state has implied consent laws. These laws call for ADMINISTRATIVE SUSPENSION< or REVOCATION of your license. Plus, some states, like Hawaii, give you JAIL time, for a DUI refusal.
Contact a HIGHLY skilled AZ DUI lawyer, if you have a pending drunk driving case.
https://ncdd.com/find-an-attorney/usa/arizona
Q: sign 60mth contract for security alarm. Moved out of state. Is it it voided now?
1 Answer
| Asked
in
Business Law, Civil Litigation, Contracts and Consumer Law
for
Arizona
on
Answered on Aug 14, 2017
Answered on Aug 14, 2017
Michael Gerity's answer
When it comes to interpreting any contract, it always boils down to the terms of the specific contract that you signed. With some notable exceptions, the courts and the law tend to stay out of contractual relationships, allowing parties to enter into contracts on terms to which both sides agree. As such, the answer to your question will be found right there in the contract that you signed. A lot of contracts like these (gym memberships, etc), where location is a critical element to providing...
When it comes to interpreting any contract, it always boils down to the terms of the specific contract that you signed. With some notable exceptions, the courts and the law tend to stay out of contractual relationships, allowing parties to enter into contracts on terms to which both sides agree. As such, the answer to your question will be found right there in the contract that you signed. A lot of contracts like these (gym memberships, etc), where location is a critical element to providing...
Q: who can help me now that I disputed medical bill balance & they negotiated the check with pmt in full written on it?
1 Answer
| Asked
in
Arbitration / Mediation Law, Products Liability and Collections
for
Arizona
on
Answered on Aug 13, 2017
Answered on Aug 13, 2017
William Head's answer
Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.
Your best bet, on such an insignificant claim, is to either sue in small claims court, or turn over the matter to your State consumer protection agency. Double billing can also be a crime, in certain circumstances.
Q: My fiance just got hurt on the job and has had to go to the DR and physical therapy during regular working hours.
Joel Friedman's answer
This gets to be a complicated issue, and the first question is if the doctor has him on a light work or full work duty status. The law is not entirely clear, but once he has been on light duty for 30 days, he probably should get compensated if his actual earned wages are less than what he was earning before his injury. There is some question if he is also entitled to disability payments even if he is on full work status but misses time and earns less money because of the injury itself, which...
This gets to be a complicated issue, and the first question is if the doctor has him on a light work or full work duty status. The law is not entirely clear, but once he has been on light duty for 30 days, he probably should get compensated if his actual earned wages are less than what he was earning before his injury. There is some question if he is also entitled to disability payments even if he is on full work status but misses time and earns less money because of the injury itself, which...
Q: can my landlord ban me from using the storage room in my backyard just because the door was left open.
Marcel Wurms' answer
Is this a one family house, or is this a common area (even if no one is presently using it now)? Have you been given use or possession of the room under your lease?
Can't give you an answer without knowing more. It's also important to see what's in the lease.
The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An...
Is this a one family house, or is this a common area (even if no one is presently using it now)? Have you been given use or possession of the room under your lease?
Can't give you an answer without knowing more. It's also important to see what's in the lease.
The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice. An...
Q: my mother died in Az. with a mortgage. My brother was to inherit the house. Does he automatically inherit the mortgage?
Michael Gerity's answer
The "mortgage" is probably actually a promissory note secured by a deed of trust (a traditional "mortgage" is actually a pretty rare thing these days, even though everybody calls all home loans "mortgages"). The deed of trust has the property securing payment of the note. Even if the party to the promissory note dies, the security interest in the property remains. So, yes, it is almost certain that the liability for the note remains on the house after it passes to your brother.
The...
The "mortgage" is probably actually a promissory note secured by a deed of trust (a traditional "mortgage" is actually a pretty rare thing these days, even though everybody calls all home loans "mortgages"). The deed of trust has the property securing payment of the note. Even if the party to the promissory note dies, the security interest in the property remains. So, yes, it is almost certain that the liability for the note remains on the house after it passes to your brother.
The...
Q: I have debt from before I was marrried. Can I file bankruptcy alone? And will it mess up my husbands credit
Michael Gerity's answer
Any spouse is free to file a separate bankruptcy. However, keep in mind that your spouse's income will be included in the calculation as to whether or not you are eligible to file a Chapter 7 (vs. a Chapter 13) bankruptcy. That may end up disqualifying you from a Chapter 7, which is generally, but not always, the type of bankruptcy that individuals prefer to file. However, it would appear that the listed income of $29,000 would not be an issue.
As for his credit, in general, an...
Any spouse is free to file a separate bankruptcy. However, keep in mind that your spouse's income will be included in the calculation as to whether or not you are eligible to file a Chapter 7 (vs. a Chapter 13) bankruptcy. That may end up disqualifying you from a Chapter 7, which is generally, but not always, the type of bankruptcy that individuals prefer to file. However, it would appear that the listed income of $29,000 would not be an issue.
As for his credit, in general, an...
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