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Oregon Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Oregon on
Q: Is it the CITYS DUTY TO CLEAN UP Homeless camp,doing drugs,leaving needles,pooping,illegal dumping

The cities attorney yelling and screaming at myself and one other stating to shut up in his office he had gone to college for this and I would lose for me to sign a forum stating I would be out of my 30-year home within 30 days or I would go to jail and then he would charge me with $600,000 d... View More

James L. Arrasmith
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answered on Aug 5, 2024

It sounds like you're in a really tough situation, and it’s understandable to feel overwhelmed. Cities do have a responsibility to maintain public spaces and address issues related to homelessness, including cleaning up areas that have become hazardous due to illegal activities. While local... View More

1 Answer | Asked in Constitutional Law for Oregon on
Q: Can Congress and President overthrow the Constitution by 1859 act of statehood for Oregon?

Previous answer missed the point - void ab initio not a State question! Or. A. I, 21 impairment as allows for rule by law. “ANY SOCIETY THAT WOULD GIVE UP A LITTLE LIBERTY TO GAIN A LITTLE SECURITY WILL DESERVE NEITHER AND LOSE BOTH” - Franklin. Cohens vs. Virginia, 19 U.S. 264: The... View More

James L. Arrasmith
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answered on Jan 9, 2024

The Act of Statehood for Oregon in 1859, like all acts of Congress, is subject to the Constitution of the United States. The principle established in Cohens v. Virginia asserts that state laws and constitutions are void if they conflict with the U.S. Constitution and federal laws pursuant to it.... View More

1 Answer | Asked in Constitutional Law and Civil Rights for Oregon on
Q: Is Oregon a stop and Id state and what are the laws regarding this

Just want to know the id laws

James L. Arrasmith
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answered on Dec 12, 2023

In Oregon, the laws regarding "stop and identify" situations are not as straightforward as in some other states. Generally, law enforcement officers may ask for identification if they have reasonable suspicion that a person is involved in criminal activity. However, Oregon does not have a... View More

1 Answer | Asked in Business Law, Civil Rights, Constitutional Law and Legal Malpractice for Oregon on
Q: What can you do if you get a court-appointed lawyer that has a controversial history involving theft and fraud?

Their wife stole money from clients while working at the same firm and he tried getting rid of his clients, but wasn't investigated himself for some reason. Additionally, his past with his clients has been the court case being dismissed as he practically abandoned his clients' cases

James L. Arrasmith
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answered on Oct 15, 2023

If you've been assigned a court-appointed lawyer with a controversial history involving theft, fraud, or professional misconduct, it's essential to address your concerns promptly to ensure your legal rights are protected. Here are steps you can take:

Raise Concerns with the Court:...
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2 Answers | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Oregon on
Q: My 2254 habeas was dissmised now on pacer it says awaiting amended complaint? What does this. Mean
T. Augustus Claus
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answered on Sep 4, 2023

When you see the status "awaiting amended complaint" in the context of a habeas corpus petition, it typically means that the court has dismissed your initial petition but is allowing you the opportunity to file an amended or corrected complaint. This can happen when the court finds... View More

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1 Answer | Asked in Traffic Tickets, Civil Rights and Constitutional Law for Oregon on
Q: If you are found guilty but were never given notice or documention. Can it be dismissed for violation due process rights

I did a trial by declaration for a traffic citation in 2022 based off the court rules I was under the impression and was told if I was found guilty I would receive the notice by us mail no later then 2 weeks. I received in my mailbox just last week an order for me to appear by phone to a show cause... View More

Maurice Mandel II
Maurice Mandel II
answered on May 22, 2023

Courts process a lot of traffic tickets, but no need to treat defendants gruffly. Obviously, you have stepped afoul of the Court rules regarding processing your ticket. Today most traffic tickets carry with them penalty assessments and court fees so a fine of $100 can easily reach $500. Courts... View More

2 Answers | Asked in Real Estate Law, Constitutional Law and Legal Malpractice for Oregon on
Q: Someone please tell me how it's not illegal for the courts to order a homeowner to give their home to a land owner?

I've bought my home in May of 2017 from the former owner on an agreement that because it's converted to real property and I own it, but not the land it's attached to, I won't have to worry if hard times arise and I cannot pay the monthly land rent, I will have the option to sell... View More

TeAnna Rice
TeAnna Rice
answered on Mar 20, 2023

In some situations it is possible to own your home, but rent the land (i.e. manufactured home). It is recommended to consult with a landlord tenant attorney and/or a real estate attorney regarding your rights and options in your specific scenario, as certain laws do apply.

To answer your...
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1 Answer | Asked in Constitutional Law and Civil Litigation for Oregon on
Q: Can a judge rule on a case if defendant was not served with a complaint nor was a summons prepared, submitted or issued?

A complaint was filed in civil court. Before it could be served and before a summons was drafted submitted or served, the defendant motioned repeatedly for a dismissal. All were unanswered by the courts as a lawsuit had not been fully initiated; until an ex associate of the defenses lawyer was... View More

John Michael Frick
John Michael Frick
answered on Jan 2, 2023

Ordinarily, in a federal lawsuit, the filing of a motion to dismiss by a defendant constitutes an appearance such that the issuance and service of a summons is no longer necessary. The main purpose of a summons is to compel an appearance by the defendant. So, if a defendant appears by filing a... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Libel & Slander and Personal Injury for Oregon on
Q: If I want to Sue DHS what kind of lawyer do I need civil or tort
Jina Ly Clark
Jina Ly Clark
answered on Oct 12, 2022

Both. You need to get in tort claim notice within 180 days. You need a civil attorney to assist you.

Q: Can the defendant sue the state for denying his constitutional rights to a trial before a fair and impartial jury?

If defendant is denied his request for a mistrial and is subsequently convicted, only to have the conviction reversed by the Appellate Court, which finds defendant was denied his constitutional right to a trial before an impartial jury, can the defendant then claim damages, and file suit against... View More

Jina Ly Clark
Jina Ly Clark
answered on May 11, 2022

Possibly. You need to get in your tort claim notice within 180 days of the appellate ruling that the conviction was reversed to preserve your claim. The case would need a full review with details to determine if there is a case. If the 180 days passes, your state law claims will be barred due... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Libel & Slander for Oregon on
Q: Can landlords ask you what your disabilities are when you ask for a reasonable accommodation for more time to move out?

I asked my current landlord for a reasonable accommodation for more time to move out based on my disabling conditions. When he replied via email he said “Could you please clarify : What is the nature of your disability? To be clear, (we) are not questioning your assertion that you are disabled... View More

Katherine Goodman
Katherine Goodman
answered on Apr 5, 2022

You did not state whether or not when you asked for additional time if you gave your landlord a letter from doctor along with your request for reasonable accommodation. If you did not, you should contact your doctor for a letter to give to your landlord. If you did give a letter to your landlord,... View More

1 Answer | Asked in Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law for Oregon on
Q: Who can I sue if I was involved in a two vehicle collision and was wrongfully given a citation? I've plead not guilty.

Without giving away too much information: I was positioned a parking lot positioned east headed south back towards my hometown. I was making a left turn as the collision happened. We got tboned by a car in the passing lane and the blame was unfairly put on me. I received a citation for careless... View More

Virgil Royer
Virgil Royer
answered on Jul 13, 2021

I am so sorry to hear that you were involved in an automobile accident. You mentioned, "we", so I hope everyone is alright. It is even worse when you get blamed and cited for an accident. First, I can understand the frustration. You must set aside your feeling of being "wronged"... View More

1 Answer | Asked in Consumer Law, Civil Rights, Constitutional Law and Municipal Law for Oregon on
Q: I'm having a hard time finding a list of contaminates that my City must test our ground water for and how often for each

I am trying to decipher our CCR, and I don't think that our City is testing for everything it needs, and it seems to be missing some information. I need to know if the Health Effects Language must be included or is just the likely source of contamination sufficent and what contaminates need... View More

Tim Akpinar
Tim Akpinar
answered on Jul 10, 2021

An Oregon attorney could advise best, but your post remains open for a week. A starting point could be environmental agencies and public health agencies in Oregon. On the federal level, the U.S. Environmental Protection Agency oversees environmental law, but nationwide, state departments of... View More

1 Answer | Asked in Civil Litigation, Civil Rights and Constitutional Law for Oregon on
Q: Is Rogers v. Saylor, OR Supreme Court, 760 P.2d 232 (1988) still caselaw in Oregon? If not, what superceded it?

I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?

Virgil Royer
Virgil Royer
answered on Dec 29, 2020

I appreciate your question. My research of the case, reveals that Rogers v. Saylor, 306 Or. 267 (1988) has not been overruled or negatively treated on appeal, even though it has been cited in 37 subsequent cases.

The case discusses the the limitations on individual or governmental liability...
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1 Answer | Asked in Civil Rights, Constitutional Law, Consumer Law and Personal Injury for Oregon on
Q: Is this a violation of civil rights?

Can a store deny entry to someone who has a legitimate medical condition for not wearing a mask, who's doctor agrees that wearing a mask would cause this person harm, and is receiving disability for this condition?

Tim Akpinar
Tim Akpinar
answered on Jun 9, 2020

An Oregon attorney could advise best here, as this could involve state measures, as well as federal measures, arising as a result of the pandemic. But the post remains open for two weeks - it's possible an attorney with insight into ADA and disability issues could have better insight into this... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Oregon on
Q: Im needing help with a few civil issues.
Tim Akpinar
Tim Akpinar
answered on Aug 19, 2019

More details would be needed here for an attorney to respond - at least some basic information about the type of matter involved. Or if it is something you don't wish to post on a public forum, you could contact attorneys in your area directly. Good luck

Tim Akpinar

1 Answer | Asked in Constitutional Law, Criminal Law and Domestic Violence for Oregon on
Q: By law in Oregon.Do I have preceed a civil suit against my best friend for shoveing me and leaving bruises?

I don't want him in jail or fined.

Gregory L Abbott
Gregory L Abbott
answered on Jul 25, 2019

Your question is a bit confusing. You have no legal obligation to report anything to the Police if you do not wish to. Once reported however, control of the matter is out of your hands and the district attorney will decide whether they wish to proceed with criminal charges (though they may have... View More

1 Answer | Asked in Contracts and Constitutional Law for Oregon on
Q: Can the Subcontractor present a contract for the General Contractor to sign? Haven't seen any such contracts online.

I can only find Subcontractor Agreements online not a single General Contract agreement that the Subcontractor is presenting to the General. Does such a contract not exist? What protections can the Subcontractor have against the General Contractor?

Daniel DiCicco
Daniel DiCicco
answered on May 30, 2019

You can feel free to make any contract you want. By and large there are no rules about what you can or can’t write down and agree to in a contract.

A lawyer can draft a simple contract for $500 or so in most cases.

Q: What is the monety amou t required bond or surety for a city manager

None

Tim Akpinar
Tim Akpinar
answered on Oct 31, 2018

You could try reposting this question and including Municipal Law under your categories. It might have a better chance of being picked up there.

Tim Akpinar

1 Answer | Asked in Civil Rights, Constitutional Law, Employment Law and Real Estate Law for Oregon on
Q: do i have a right to purchase inherited property after working for housing only for 13 years,can they sell and evict me

my siblings sabataged my duties as claiming sucessor by delaying a sale by acussing me of murder to begin with,then getting the buildings pulled off the market twice,costing 17 months out of 24 then turned around and sued me for partition,i was removed as manager and all rent money taken before a... View More

Joanne Reisman
Joanne Reisman
answered on Apr 22, 2018

You simply can't put something this complex on a website, summarize what happened and ask a question and expect a decent answer. No competent Attorney is going to try to answer something this complex. They will need to sit down with you and review everything that happened and advise you and... View More

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