Get free answers to your Constitutional Law legal questions from lawyers in your area.
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
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
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
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
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... View More
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
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
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.
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
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
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
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
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
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
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
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
I'm just wanting to be certain that this precedent has not been overturned, and if it has, by what case(s)?
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... View More
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?
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
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
I don't want him in jail or fined.
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
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?
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.
None
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
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
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
i live in portland oregon and like to go out. On walks, to the taco bell with friends, hikes, lots of things. I am 15 and I bought a multitool. It has a fire starter, seatbelt cutter, glass smasher, flashlight, etc. but the biggest question is the knife it has. The knife is 3.5 inches long, about... View More
answered on Oct 8, 2017
Oregon’s carrying concealed weapons law (ORS 166.240) makes it a Class B misdemeanor to carry concealed on your person:
- any knife with a blade that projects or swings into position by force of a spring or centrifugal force;
- any dirk, dagger, ice pick, slungshot, metal... View More
My 21 son gang affliation drug use hasn't changed found lots magic mushrooms took out of my house police made me give it back to him,he abuses me in my house I'm disabled police won't do anything
answered on Jun 27, 2017
Depending upon what you mean by your son abusing you, you may qualify for a elder-disabled person restraining order. You would be well served by consulting an attorney to determine your rights and whether applying for such a restraining order is likely to be successful. If so, the police will... View More
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