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Kentucky Questions & Answers
1 Answer | Asked in Appeals / Appellate Law, Civil Litigation, Civil Rights and Constitutional Law for Kentucky on
Q: Does frcp 60(b)(2) apply if there was no trial? e.g. 12(b)(6) dismissal? If "yes", what legal authority supports answer

plain language FRCP of 60(b)(2) reflects "trial" under FRCP 59 so I don't know how it could apply to 12(b)(6) dismissals.

James L. Arrasmith
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answered on May 19, 2024

Yes, Federal Rule of Civil Procedure 60(b)(2) can apply even if there was no trial, such as in cases of a 12(b)(6) dismissal. Rule 60(b)(2) allows for relief from a final judgment based on newly discovered evidence that could not have been previously discovered with reasonable diligence.... View More

1 Answer | Asked in Copyright, Intellectual Property and Trademark for Kentucky on
Q: Do quotes that become meme famous fall under copyright or trademark?

What would these quotes be protected by?

You shall not pass from the Lord of the rings

If if is good from Hercules Disney

Surprise mf from Dexter

Not really relevant but is Bane back-breaking move copyrighted?

James L. Arrasmith
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answered on May 18, 2024

Quotes from movies and TV shows are generally protected by copyright rather than trademark law. Copyright protects original creative works, including the screenplay or script that the quote comes from. The copyright for a movie or TV show is typically owned by the studio or production company... View More

1 Answer | Asked in Estate Planning, Real Estate Law, Legal Malpractice and Probate for Kentucky on
Q: I am in Kentucky and need clarification on the wording of a deed. My father's attorney friend prepared the deed.

The same attorney also prepared my late mother's will, which bequeaths the property to me. He has betrayed my mothers trust by not telling her what the "survivorship clause" meant when he prepared her will. He is also the executor and using his lack of disclosure to assist my father... View More

Timothy Denison
Timothy Denison
answered on May 16, 2024

That is proper deed language in Kentucky. It means whomever is the survivor (mother or father) gets clear title to the real estate. What they may have thought or intended, however, is a completely different issue, which is why all real property transactions must be in writing as mandated by the... View More

1 Answer | Asked in Real Estate Law for Kentucky on
Q: How to I go about transferring a deed/title to a home into my name when it belongs to 8 others who don’t want it?

We have a family home that has yrs of back taxes due before it gets auctioned off. I’m interested in paying the back taxes as long as I can get the house in my name. Only issue is the owner is my great grandmother who passed away over a decade ago and had no will. So I’m guessing her 8... View More

Anthony M. Avery
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answered on May 16, 2024

You have a serious title problem. Hire a competent KY attorney to determine heirship, draft an Affidavit of Heirship, and then draft a Deed from all the other heirs over to you. Many heirs will want to be paid for their interests. Do not pay taxes unless you own it. Otherwise prepare to bid... View More

1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Why are superpowers and abilities not undercopyright?

Would the power of seeing a person memories via their blood like in the underworld movie be under copyright protection?

James L. Arrasmith
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answered on May 15, 2024

Superpowers and abilities themselves are typically not protected by copyright because copyright law does not extend to ideas, concepts, or facts. Copyright protects the specific expression or manifestation of an idea, not the underlying idea itself.

In the case of the ability to see a...
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2 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Kentucky on
Q: I am a National American (Californian).. The DA and the State Trooper both used the oxy-moron "SOVERIN CITIZEN" in the

I was stopped at a not properly set up safety check point . i was told i had to have a D.L. I told him I was traveling not driving and what law did i break and his R A S .in turn He broke my window out ,Tased me 3 times, which in turn released my foot off my brake truck rolled they backed up so... View More

John Michael Frick
John Michael Frick
answered on May 15, 2024

Obviously, if you were operating a motor vehicle on a public road, you were legally obligated to produce a valid driver's license upon the request of a peace officer. If you were not driving the motor vehicle but were travelling as a passenger in the vehicle, the peace officer could validly... View More

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1 Answer | Asked in Civil Litigation for Kentucky on
Q: Built fence in Bullit Co. I live in Oldham Co ky. Was served civil summons for Bullit co. Can I dismiss for jurisdiction

my husband built a fence for someone he’s a handyman in another county. He should be served in his county since he’s not acting as a business correct? Can file a motion to dismiss due to lack of jurisdiction?

Timothy Denison
Timothy Denison
answered on May 15, 2024

You can file the motion to dismiss but likely Bullitt is a proper venue as the work was performed there and at least some of the evidence is there. Most likely will be heard in Bullitt County rather than Oldham.

2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

Timothy Denison
Timothy Denison
answered on May 15, 2024

Start with the Ky Secretary of State and tack down all their business filings. THen go to IRS and/or Ky Revenue Cabinet to obtain all tax filings. That should set you on the right path to determining what happened with their business.

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2 Answers | Asked in Bankruptcy and Business Law for Kentucky on
Q: I believe my grandparents business was taken from them after they died. How do I find out

I have the tax permits from the building and it's got a account number on it. How do I find the records to see what happen. Also if my grandmother filed bankruptcy and her trustee was the lawyer Robert Cochran did he get her stuff after she passed

James L. Arrasmith
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answered on May 16, 2024

To find out what happened to your grandparents' business and assets after they passed away, you can take the following steps:

1. Obtain a copy of their death certificates from the vital records office in the county where they died.

2. Search for probate records at the county...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 11, 2024

Every case has context, i.e., a broader factual picture.

In your case, if you file for bankruptcy relief within the next two years, under the Bankruptcy Code, a trustee can look back and recover any transfer of property/value and recover that if the value lost is large enough to merit the...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
James L. Arrasmith
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answered on May 11, 2024

Based on the information you provided, it seems unlikely that being temporarily on your mother's car title from 2022 to April 2024 would be a significant issue in a bankruptcy case, especially if you were removed from the title prior to filing. However, a few considerations:

1. Timing:...
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4 Answers | Asked in Bankruptcy for Kentucky on
Q: I was put on my mothers car title when she purchased her lease buyout in 2022, I was removed in April 2024, an issue?
Nick Curtis Thompson
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Nick Curtis Thompson
answered on May 12, 2024

Absolutely, this is a problem. You gave her your ownership interest in the car. You have some exemptions that allow you to keep your car. But if you give property away before filing, it becomes a fraudulent transfer, and you now have no exemption that allows you to keep the auto. The auto is no... View More

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2 Answers | Asked in Criminal Law, Civil Rights, Communications Law and Constitutional Law for Kentucky on
Q: If you read in the paper you was indicted but never served and the incident happened over 2 years prior to the indictmen

.

James L. Arrasmith
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answered on May 19, 2024

If you read in the paper that you were indicted but never served, and the incident occurred over two years ago, you should take immediate action. Begin by checking the accuracy of the indictment notice. Contact the court or legal authority mentioned to confirm if the indictment is valid and to... View More

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2 Answers | Asked in Traffic Tickets for Kentucky on
Q: I was pulled over and got a traffic citation with a court date it’s been 3 weeks since and I haven’t received any mail

I know someone that was pulled over 3 days after I was and they received something in the mail about their court date about a week ago but I haven’t. Do I need to show? What happens if I don’t show?

Anthony M. Avery
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answered on May 7, 2024

Call the County Court where you were stopped and see if there is a charge against you. If near a City then also call that City Court. Your Citation should tell you what Court your are charged in and what the Docket # is. If you miss Court then your license will be suspended or you will be... View More

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1 Answer | Asked in Copyright and Intellectual Property for Kentucky on
Q: Are ideas truly non-copyright?

In some movies vampires use sunscreen. Is this act alone worthy of copyright? Vampire using sunscreen or magical ring or is not creative enough for it?

Cause I would to use a vampire sunscreen.

James L. Arrasmith
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answered on May 5, 2024

Ideas themselves are not protected by copyright, but the specific expression of those ideas can be. This is a fundamental principle of copyright law.

In the case of a vampire using sunscreen, the general concept alone would not be copyrightable. The idea of a vampire protecting themselves...
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1 Answer | Asked in Criminal Law, Family Law, Appeals / Appellate Law and Constitutional Law for Kentucky on
Q: Is DCBS compelled to overturn a substantiated finding if the related court case was dismissed and expunged?

If the charge of Endangering the Welfare of a Minor Child is dismissed from court and expunged, is DCBS compelled or required to overturn a substantiated finding of Abandonment & Supervision Neglect concurrent with the same incident referred to in such case?

James L. Arrasmith
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answered on May 1, 2024

When a court case involving charges such as Endangering the Welfare of a Minor Child is dismissed and expunged, it doesn't automatically mean that the Department for Community Based Services (DCBS) must overturn a substantiated finding of Abandonment & Supervision Neglect. These are two... View More

1 Answer | Asked in Constitutional Law for Kentucky on
Q: Is it legal for an 18 year old in the state of Kentucky to open carry a hand gun
James L. Arrasmith
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answered on May 1, 2024

In Kentucky, if you are 18 years old, you are legally permitted to open carry a handgun. The state does not require any specific license for open carry for anyone who is legally allowed to possess a firearm. However, it's important to be aware of the restrictions and responsibilities... View More

1 Answer | Asked in Insurance Bad Faith for Kentucky on
Q: Should i sue my auto insurance?

I was in a automobile accident 90 days ago. I have State Farm insurance comprehensive and collision. I have went back and forth about my injury and the fair market value. I went to the doctor about hip and back hurting . The dr wanted me to have a mri . Went i went to my appointment they informed... View More

Tim Akpinar
Tim Akpinar
answered on Apr 23, 2024

A Kentucky attorney could advise best, but your question remains open for a week. Try to set up a free consult with a Kentucky attorney who handles such cases. Your doctor may need to work with you on the denial of the MRI. MRIs are big-ticket items, at around $1,000 a pop for cervical or lumbar... View More

2 Answers | Asked in Criminal Law, Family Law, Constitutional Law and Juvenile Law for Kentucky on
Q: Does a substantiated DCBS case for Abandonment & Supervision Neglect automatically place me on the Child Abuse Registry?
James L. Arrasmith
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answered on May 1, 2024

When a case involving abandonment and supervision neglect is substantiated by DCBS (Department for Community Based Services), it's understandable to be concerned about the implications, such as being placed on the Child Abuse Registry. The impact of a substantiated case can vary based on... View More

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3 Answers | Asked in Bankruptcy for Kentucky on
Q: I filed bankruptcy 2 days ago and want to stop the process. Can this be done. I live in Kentucky.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 19, 2024

A caution- the Bankruptcy Code provides that conversion/dismissal of a case is addressed to the discretion of the Bankruptcy Judge, who will decide which path is in the "best interest of creditors".

Your post fails to indicate which Chapter of bankruptcy has been chosen (that can...
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