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Constitutional Law Questions & Answers
1 Answer | Asked in Constitutional Law, Employment Law and Employment Discrimination for Kentucky on
Q: Which legal discipline do I go to for constitutional legality of Fed vax mandates and possible EEOC denial?

Also, which State if I remote work permanently in a different state than my employer. I pay state taxes to Kentucky but support Federal Agency in Virginia.

Timothy Denison
Timothy Denison answered on Oct 26, 2021

Con Law. Kentucky.

2 Answers | Asked in Estate Planning, Constitutional Law and Probate for Florida on
Q: Is there any possible scenario that would allow for second cousins to inherit under intestate succession?

If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Oct 26, 2021

Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for Illinois on
Q: In a Qui Tam case, can the relater file a petition to revive judgment, or only the USA can take post-judgment action?

Does the relator have the right to file any motions after the judgment was entered against me on 8/23/2007 in violation of my constitutional 5 amendment rights? I was barred from defending myself pursuant to a Mack Order in a prior case. All documents I filed were returned to me unfiled, and I was... Read more »

Jane Kim
Jane Kim answered on Oct 24, 2021

Sounds like you did not satisfy the original judgment, and the relator is seeking to collect on it. However, it also sounds like the government intervened in the underlying lawsuit and won a judgment against you. It also sounds like you represented yourself in the underlying lawsuit, hence an... Read more »

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: Police fabricated probable cause statement to charge and convicted me assault when there was NO injuries. Police and Dr

Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... Read more »

Charles William Michaels
Charles William Michaels answered on Oct 24, 2021

There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent... Read more »

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota on
Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Oct 23, 2021

The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Libel & Slander for California on
Q: Why didn't the officer take my assailer to jail nor give me a restraining order? I requested a restraining order.

I was using fence post pounder to drive a pole into the ground. Straddling the top of a 6ft step-ladder. I saw the 3ft Pry-bar, out of the corner of my eye. blocked her first swing with the pounder, and the second as I was going down the ladder, I ducked the 3rd swing. The Lassen Co. Sheriffs have... Read more »

Dale S. Gribow
Dale S. Gribow answered on Oct 23, 2021

much more info is needed.

there have to be more facts that influence what was done.

mental issues may be her problem.

make an appointment with the police and DA to determine why they have not arrested her and why no RO.

2 Answers | Asked in Civil Litigation and Constitutional Law for Michigan on
Q: Im looking to become a police officer. I passed both exams, when it was time for me to apply for a position I got denied

I do have a past domestic charge that I Pled guilty too but if I was to get that expunged, would that help me get into the public service field?

Brent T. Geers
Brent T. Geers answered on Oct 21, 2021

Not necessarily. Police departments do a more comprehensive background check than most employers. A domestic violence charge - regardless of underlying facts - is going to be highly scrutinized by any law enforcement agency. Not saying you can't become a police officer, but you need to be... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Federal Crimes for Kentucky on
Q: a motion to seal or motion to file redacted version within 30 days of entry of this order has the meaning of exactly?

Complaint of violation of Civil Rights Case

Timothy Denison
Timothy Denison answered on Oct 21, 2021

What is your question?

1 Answer | Asked in Civil Rights and Constitutional Law for New Jersey on
Q: How do I get a discrimination lawyer
Tim Akpinar
Tim Akpinar answered on Oct 17, 2021

You could use the Find-a-Lawyer tab above. You could search independently on your own online. You could check the resources of the New Jersey State Bar Association. A local library might be able to offer additional resources. Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Discrimination and Employment Law for New York on
Q: How to look up Equitable Estoppel Employment Cases that was successful in relation to plaintiff mental illness

Statue of limitations ran out but knew evidence has surface and plaintiffs want to file action against former employer, to reopen retirement pension fund

V. Jonas Urba
V. Jonas Urba answered on Oct 17, 2021

A retirement pension fund issue appears to fall under the Employee Retirement Income Security Act of 1974, also known as "ERISA". Some of us have successfully fought on behalf of employees facing reduced severance pay. Employers sometimes allege breaks in continuous services by employees.... Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Florida on
Q: I’m a victim of remote neural monitoring. What should I do? Who should I contact?
Charles M.  Baron
Charles M. Baron answered on Oct 16, 2021

That's an Interesting question; I never heard of remote neural monitoring, so I just googled the phrase, "remote neural monitoring court cases". That turns up a number of court decisions which uniformly reject all such claims. The Courts dismiss such claims based on reasons such... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Pennsylvania on
Q: I watched my loved one corpse be dragged down his staircase by the police, what should I do?

The officers in question, while preparing the body for transport to the medical examiner, dragged the man down the stairs and his girlfriend watched as he made impact upon each stair, they then pretended to take care once they noticed they were in our line of sight. One officer in particular was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 14, 2021

It's not clear if that would be abuse of a corpse, but you may have a claim depending on a variety of factors. Contact an attorney in your area.

1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

1 Answer | Asked in Constitutional Law for Florida on
Q: Order Probable Cause Determination Action_F.R.C.P. 3.131(a) CAN JUDGE LEAVE BLANK after setting bond?
Michael  Mayoral
Michael Mayoral answered on Oct 14, 2021

Generally speaking, a judge determines probable cause at a hearing and verbally announces their finding. Many times, certain things are erroneously left blank on certain forms and documents. The short answer is that, generally speaking, failing to write something on a certain box on a form or order... Read more »

1 Answer | Asked in Constitutional Law for Georgia on
Q: My daughter got drunk and started trying to put her hands on everybody and busted my house window so I called the police

The police arrived to my home and stated to us that they were charging her with criminal trespass (family violence) which didn’t make sense . We questioned them howeever they booked her into the jail for smash and grab burglary , purchase of alcohol being a minor , and possession of marijuana... Read more »

Cory D. Raines
Cory D. Raines answered on Oct 12, 2021

She will have to either hire a private attorney or be assigned a public defender to help defend these serious charges, which could and should have been avoided by not calling the police in the first place. Whether you want press charges or not against your daughter is out of your hands because now... Read more »

2 Answers | Asked in Consumer Law, Admiralty / Maritime and Constitutional Law for North Carolina on
Q: In N.C. , I have a judgement entered against me for a renewal for unpaid personal loan from 1995,

original judgement was 6-04-01, first renewal was 09-23-11, was just curious is that outside the statute of 10 years to get renewal, and latest paper work only shows date of sept 2011 no mention of previous date, amount of loan was approx $3000

Lynn Ellen Coleman
Lynn Ellen Coleman answered on Oct 12, 2021

If the second lawsuit to collect on the unpaid judgment was filed on or before June 4, 2011 (10 years from the date the first judgment was signed), it does not matter that the second judgment was not entered until July 23, 2011. By the way, they can only renew once. The second judgment entered... Read more »

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1 Answer | Asked in Criminal Law, Constitutional Law and Gov & Administrative Law for Arizona on
Q: Do they have 180 days to secure an indictment? Why would they close case open new one same charges different case number

I initially was arrested and released on a charge went through the whole court hearings go to sign my plea and the fill in Procecuter says to continue there's something more. So we continue and my lawyer says oh mix up with codefendants case # so scratch that and will continue for next hearing... Read more »

Mike Branum
Mike Branum answered on Oct 11, 2021

Unfortunately this is standard procedure (at least in Mohave County where I practice, must be the same in Maricopa). The prosecutors can avoid having to prove their case before the judge and can just feed a bunch of nonsense to a grand jury and get an indictment. It's lazy and it SHOULD be... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Government Contracts for Texas on
Q: Is it legal for a Texas probation officer to lower the cut off levels on a drug test (UA) for specific probationers?

My Texas probation officer testified in court that he “contacted the ‘lab’ to make special drug tests, set a lower cut-off levels for certain probationers” if he thought abuse had occurred. Is that illegal??

Kiele Linroth Pace
Kiele Linroth Pace answered on Oct 10, 2021

You should always try to stay on your probation officer's good side while at the same time remembering that the judge is actually the final authority on what to do about any alleged violations. It is important to get your own attorney if they attempt to revoke or modify your probation.

2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for California on
Q: Is there ever a point where someone can just lose their constitutional rights?

I am just trying to study some and was wondering if someone could just lose their constitutional rights?

Louis George Fazzi
Louis George Fazzi answered on Oct 10, 2021

Keep studying. If you do, you will find that one can never lose their constitutional rights. They might be diminished if you go to jail or prison, or other similar circumstances, but a U.S. citizen maintains her civil rights right up to death.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for California on
Q: i was assaulted and had a advocate from the Da's office . I called him about my case a few times. He told me he would

let me know when the case went to court and sent me a restraining order. My advocate no longer works there and the next thing i get is another restraining order in the mail.So i look on line and find out the case has been completed with a plea deal to a misd. 245. After I talked with the Da he... Read more »

Louis George Fazzi
Louis George Fazzi answered on Oct 8, 2021

The District Attorney's office represents the people, not you individually. They do not protect your personal rights, that is up to you to protect on your own, with your own lawyer. You can also sue the wrongdoer personally, if s/he caused you injury, damage, loss or harm. You need to find... Read more »

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