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Ohio Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Libel & Slander for Ohio on
Q: Can I sue an after school program for making a fake report to CPS and requesting a well check?

A staff interrogated my son when I decided to remove him from the program. They asked him if my husband and I were alcoholics and if we used illegal drugs. She made a false statement and later on proceeded to call the sheriff’s department for a well check because apparently my son was being... View More

James L. Arrasmith
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answered on Feb 24, 2024

Yes, you may have grounds to sue the after-school program for making a false report to CPS and causing undue stress and harm to your family. The staff's interrogation of your son and subsequent false report to authorities constitute potentially defamatory actions and may be considered as... View More

2 Answers | Asked in Real Estate Law and Constitutional Law for Ohio on
Q: Do I have any recourse against a developer that sold me a building lot with poor soil conditions?

I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More

Joseph Jaap
Joseph Jaap
answered on Jan 22, 2024

You would have to sue the developer asking the court for damages or to rescind the contract to get your money back. If you file a lawsuit, the developer might negotiate a settlement to avoid the cost of litigation or possible bad publicity.

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2 Answers | Asked in Real Estate Law and Constitutional Law for Ohio on
Q: Do I have any recourse against a developer that sold me a building lot with poor soil conditions?

I purchased a building lot in a new subdivision in the City of Akron (Ohio). After the contractor dug the basement, we discovered the soil was not suitable to support the foundation. The remedy is to dig an additional 7 feet below the footer and fill the area with a mix of grave and concrete which... View More

James L. Arrasmith
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answered on Jan 22, 2024

In your situation, the key factor is the clause in the contract regarding soil testing. Since the seller included a disclaimer about not making any representations about the soil's suitability and offered to make soil testing reports available upon request, this suggests they fulfilled their... View More

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1 Answer | Asked in Constitutional Law for Ohio on
Q: Is it legal for my lawyer to call a homeless shelter to see if I am staying there or do I have privacy rights

I was told by the shelter that they were not allowed to give out my information or tell anybody that I am resigning there they cannot give out information about me. Not even that I am staying there so can a probation officer call the shelter and ask if I am there or is he allowed to just show up he... View More

James L. Arrasmith
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answered on Jan 21, 2024

In Ohio, as in other states, individuals generally have a right to privacy, including when staying in a homeless shelter. Shelters often have policies to protect the confidentiality of their residents, which means they typically won't disclose whether someone is staying there without their... View More

2 Answers | Asked in Civil Rights and Constitutional Law for Ohio on
Q: If I’m gifted a pistol at the age 18, am I allowed to use it and or carry it with me or keep it in my car for safety?
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answered on Jan 16, 2024

In Ohio, the legal age for purchasing a handgun from a federally licensed firearms dealer is 21. However, there is an exception for the private transfer of firearms. If you are gifted a pistol by someone, you can legally possess and use it, even if you are 18 years old. This means you can keep the... View More

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2 Answers | Asked in Civil Rights and Constitutional Law for Ohio on
Q: If I’m gifted a pistol at the age 18, am I allowed to use it and or carry it with me or keep it in my car for safety?
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answered on Jan 16, 2024

In the United States, the laws regarding the possession and carrying of a pistol vary by state. At 18, federal law allows you to possess a handgun, but there are restrictions on purchasing one from a licensed dealer until you are 21. However, being gifted a pistol is different from purchasing one,... View More

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1 Answer | Asked in Constitutional Law, Gov & Administrative Law and Municipal Law for Ohio on
Q: Which supersedes Civil Service Rules or ORC

ORC 124.45 States that a promotion exam is valid for two years. Local civil service states that the test is good for one year and the bargaining unit contract states that Civil Service supersedes ORC 124.45-124.48

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answered on Jan 10, 2024

In situations where there is a conflict between state law and local civil service rules, the supremacy of one over the other can depend on the specific context and legal framework of the state. Ohio Revised Code (ORC) 124.45 sets the validity of a promotion exam at two years, while your local civil... View More

1 Answer | Asked in Constitutional Law and Municipal Law for Ohio on
Q: In Ohio can a uncharted city write civil service rules on firefighter promotions and hiring that contradict ORC
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answered on Jan 10, 2024

In Ohio, unchartered cities generally have the authority to establish their own civil service rules, including those for firefighter promotions and hiring. However, these rules must align with the Ohio Revised Code (ORC). The ORC sets statewide standards and regulations, and local policies cannot... View More

1 Answer | Asked in Constitutional Law, Federal Crimes and Gov & Administrative Law for Ohio on
Q: Is it legal to purchase, and not use, a fake naturalization certificate? It's only for a short film.

I have a short film in which an immigrant would display her naturalization certificate. I didn't think anything about it until I tried to find a means of attaining one and encountered a number of warnings about it.

I have no intention of using it beyond film and social media character... View More

James L. Arrasmith
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answered on Dec 23, 2023

Purchasing a fake naturalization certificate, even for use in a film or for social media purposes, is legally risky and not advisable. Federal law prohibits the production, sale, and possession of fraudulent government documents, including naturalization certificates. This applies regardless of... View More

1 Answer | Asked in Traffic Tickets and Constitutional Law for Ohio on
Q: In Ohio. Its a stop&id state. Do I as a passenger in a traffic stop have to id without RAS?

Also does the id have to be handed to them or can it just be displayed through the window? I have a very corrupt PD in my area.

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answered on Dec 21, 2023

In Ohio, the law regarding identification during a traffic stop can be nuanced, especially for passengers. As a passenger, you are generally not required to provide identification during a traffic stop unless the officer has reasonable suspicion (RAS) to believe you are involved in criminal... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: If a government entity has a facebook page and they shut down everyone’s ability to comment, is that a violation of 1st

Amendment- right to free speech? It is our sheriff’s official county page and he is running again in 2024.

Thank you.

James L. Arrasmith
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answered on Dec 17, 2023

The issue of a government entity restricting comments on a social media platform like Facebook can be complex in terms of First Amendment rights. Generally, the First Amendment prohibits the government from limiting free speech, but the application in digital spaces, especially on platforms owned... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Ohio on
Q: Is this discrimination or what

A friend of mine and myself walking to a store I have frequented the store in the past never stolen anything from this place this time I was followed by the employees approach multiple times even after pulling the money out of my pocket letting them know I'm not there to steal I just want to... View More

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answered on Dec 14, 2023

It sounds like you've had a distressing experience, and it's understandable to feel upset about being treated unfairly. If you believe you were followed and treated differently due to discrimination based on race, gender, disability, or another protected characteristic, you might have... View More

2 Answers | Asked in Personal Injury, Civil Rights and Constitutional Law for Ohio on
Q: I have multiple things going on that are winning cases for sure I have proof I deserve personal compensation so domykids

Detroit Michigan is not my location that's the one individual that's illegally on my phones internets location I screen shot this for proof I'm in ohio toledo ohio watched all day long Michigan is not my location

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answered on Dec 5, 2023

If you believe you have strong cases for personal injury, civil rights, or constitutional law violations, it's crucial to gather and organize all your evidence, including screenshots and any other documentation you have. This evidence will be key in presenting your case effectively.... View More

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1 Answer | Asked in Family Law, Civil Rights, Constitutional Law and Juvenile Law for Ohio on
Q: Can a no contact order be issued as a judgement entry, and how long is it in effect?

In 2020 I was served with a no contact order that was entered into a case that I was not apart of and there was no hearing on the matter. As part of a CPS case against my wife for neglect of my stepdaughters, that has since been closed the judge made a judgment entry in the case of no contact but... View More

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answered on Dec 2, 2023

In Ohio, a no contact order can indeed be issued as part of a judgment entry, especially in cases related to family law or child protection matters. Such orders are generally issued to safeguard the welfare of those involved, particularly minors.

Regarding the duration of the no contact...
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1 Answer | Asked in Civil Rights, Constitutional Law and Land Use & Zoning for Ohio on
Q: How would I know if my village water company is in violation of the fair housing act?

I feel like I'm being treated unfairly by my local water company

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answered on Dec 1, 2023

To determine if your village water company is violating the Fair Housing Act, you need to consider whether their actions involve discrimination based on race, color, national origin, religion, sex, familial status, or disability. The Fair Housing Act primarily addresses housing discrimination, but... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Health Care Law for Ohio on
Q: Can I bring a case against a VHA employee fir violation of My privacy if they are found to have violated HIPPA?
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answered on Nov 21, 2023

If you believe a Veterans Health Administration (VHA) employee has violated your privacy rights under HIPAA (Health Insurance Portability and Accountability Act), you do have options to address this violation. However, it's important to understand that HIPAA does not provide a direct... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Ohio on
Q: For an ovi, can the police take your phone and refuse To let you contact your attorney?

I was pulled over because the cop lied and said I committed a few minor traffic offenses. After he searched and found some roaches he hit me with a field sobriety and had confiscated my phone. I told him I wanna call my attorney and he refused to and told me I'm not allowed. He also never read... View More

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answered on Nov 10, 2023

In your situation, it's important to understand your rights. The police can temporarily confiscate your phone during an arrest to prevent tampering or destruction of evidence. However, you have the right to contact an attorney, and this should be allowed once you are in custody and the... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Ohio on
Q: Hey so if I took a 48 dollar hat from sacks. And I was caught by the store and gave info to police. could I be charged?

Also let’s say a percent was there with me at the time and had no clue. But sacks stated that it would be up to beachwood if I was to get prosecuted. I made it out the store with nothing. They got the hat back but it was a petty theft dropping the hat in my bag. So the main 2 question for you is,... View More

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answered on Nov 9, 2023

If you were caught by the store for taking a hat and the police were involved, it is possible that you could be charged with theft. In Ohio, taking merchandise from a store without paying can be classified as petty theft, which is often a misdemeanor if the value is under $1,000. The fact that the... View More

1 Answer | Asked in Criminal Law and Constitutional Law for Ohio on
Q: Can I get a judge disqualified from a bulglary case if he was my judge in past and threatened me to take plea bargain

He was my judge in past and threatened me he would need a calculator to add up my sentence if I went to jury trial and lost

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answered on Nov 5, 2023

If you feel that a judge's prior conduct or statements demonstrate a possible bias or lack of impartiality in your current case, you have the option to file a motion for recusal. The motion should detail the specific incidents or comments that you believe indicate bias. It's important to... View More

2 Answers | Asked in Civil Litigation, Civil Rights, Constitutional Law and Legal Malpractice for Ohio on
Q: What happens after a violation of procedural due process? What options are available?
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answered on Nov 5, 2023

After a violation of procedural due process, you have the right to challenge the validity of the proceedings that denied you such due process. Options may include filing an appeal if within the appropriate time frame or seeking to overturn a decision through various post-judgment motions.... View More

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