Lawyers, Answer Questions  & Get Points Log In
Rhode Island Constitutional Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Rhode Island on
Q: What US Statutes would I cite for 14th Amendment Due Process Violations, & which do I cite for Tort Claims - negligence

Filling out the Federal Civil Cover sheet on my own. It says to cite US Statutes for my claims. I am suing for violation of Due Process under 14th Amendment. My dog was taken and killed. I know 1983 for violation of rights but I also need to cite the 14th amendment clause for deprivation of... Read more »

Gary Kollin
Gary Kollin answered on Sep 2, 2019

I would suggest you re evaluate your decision to go pro se.

From your question it appears you do not have a total grasp on the fundamentals.

to

There is no statute for negligence and malicious prosecution. They are torts of common law.

When you sue for a violation...
Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Legal Malpractice for Rhode Island on
Q: What are the specific elements that must be proven? Can the principal be convicted by aiding and abetting?

Defendant was arrested as the principal, (the one who assaulted the victim with the weapon:shod foot). No conspiracy charge or codefendants. Can the judge issue an aiding and abetting jury instruction at trial?

Thomas Briody
Thomas Briody answered on Dec 24, 2018

Depends on the facts. In some circumstances, am aiding and abetting charge would be appropriate. You need to consult with an experienced criminal lawyer.

1 Answer | Asked in Constitutional Law and Federal Crimes for Rhode Island on
Q: What is the phone number for the Civil Liberties Union in Ohio? Its for a police assault and battery inccident.

A woman has had her nose broken by a police officer while in custody the officer took her off route to the police dept the broke her nose, over a a traffic citation...then taken to the police dept and strip seached being put on parade in front of several police officers at the police station...

Gary Kollin
Gary Kollin answered on Jul 26, 2018

I know you might find this amazing, but I googled

american civil liberty union ohio which yielded

https://www.acluohio.org

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Child Support for Rhode Island on
Q: We are currently unable to pay the full amount of rent. However, the house is poorly maintained. What can be done?

We only have one source of income (being approximately $600 a month) currently and are behind by two months rent. However, we have lived at this house for close to 8 years and have had many problems. From the kitchen, the paint on the ceiling is peeling off, the oven does not work, and the faucet... Read more »

Neville Bedford
Neville Bedford answered on Jun 11, 2018

It may be time to look for: 1) a new, different, and better maintained residence/apartment and/ or 2) a second source of income and/or 3) an attorney to help you defend against a likely eviction case should your landlord decide to take you to court. Contact your local CAP agency for help with #1... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Traffic Tickets for Rhode Island on
Q: Can police still issue citation after over a month of not contacting us about incident?

My wife was involved in car accident with no other motor vehicles and did not have proof of insurance at the time of incident and was never cited now after over a month they are trying to fine her is this possible by law?

Bernard P. Healy
Bernard P. Healy answered on Mar 3, 2018

I do not have sufficient information to answer this question fully or accurately. I think the answer is not one you will want hear. The Police can issue a citation after over a month, despite not contacting you earlier. You mentioned that this was a single car collision. Did the police arrive at... Read more »

1 Answer | Asked in Civil Rights and Constitutional Law for Rhode Island on
Q: How can it be legal to refuse service based on one's political beliefs?

I mean, I could then as a restaurant owner refuse to serve someone simply because I don't agree with their politics? That's hard to believe if true..

Paul Stanko
Paul Stanko answered on Sep 11, 2016

This is a complicated question that courts are dealing with right now. The law is unsettled. Equal Protection v. Freedom of Expression pits the First and Fourteenth Amendments against each other.

1 Answer | Asked in Constitutional Law, Criminal Law, Family Law and Child Custody for Rhode Island on
Q: My sons mother assaulted me. I went to the police ,they issued a warrant for her arrest, she took my son. What can I do
Neville Bedford
Neville Bedford answered on Aug 21, 2016

This sounds like a complicated family/criminal law situation that will most likely require the professional assistance of a practicing family court attorney to address. Contact and meet with one soonest for a private consultation.

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: Constitutional Law versus congressional legislation

How can our rights contained in the Bill Of Rights be destroyed by recent legislation such as the so-called Patriot Act, Military Commissions Act, and the 2011 NDA Act? How is this possible? What validity does this legislation have?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 18, 2015

It is more of a suspension than a destruction, but it depends upon the facts in individual cases and these matters can be discussed for hours on end, nearly without end. Stay tuned in to current events regarding this big topic.

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: Do I need a doctor note to get out of jury duty for medical reasons
Robert Jason De Groot
Robert Jason De Groot answered on Oct 8, 2015

That might help.

1 Answer | Asked in Constitutional Law for Rhode Island on
Q: Is having a bake sale at the voting location (a Middle School) considered "hindering" the election process ???

We've been told we cannot have a PTA-sponsored bake sale because it would hinder people from voting, sounds silly, what think ?

Neville Bedford
Neville Bedford answered on Nov 30, 2014

If it is on election day - in the same caf-a-gym-atorium where people vote, then yes, it may interfere with the electoral process.

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.