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Vermont Questions & Answers
1 Answer | Asked in Federal Crimes and Constitutional Law for Vermont on
Q: With new case law, are non violent federal felons allowed to exercise their Second Amendment rights to own a Firearms ?

The US Department of Justice (DOJ) asked the US Supreme Court to clarify whether 18 U.S.C. 922(g)(1) can constitutionally prohibit both violent and non-violent offenders equally from owning guns in light of the Second Amendment, which guarantees the right to keep and bear arms.

James L. Arrasmith
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answered on Jul 21, 2024

The issue of whether non-violent federal felons can exercise their Second Amendment rights to own firearms is currently under scrutiny. The US Department of Justice has sought clarification from the US Supreme Court on whether 18 U.S.C. 922(g)(1), which prohibits felons from owning guns, applies... View More

1 Answer | Asked in Trademark and Intellectual Property for Vermont on
Q: How do I relinquish this trademark?

I would like to relinquish a trademark.

James L. Arrasmith
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answered on Apr 21, 2024

To relinquish a trademark, you need to follow these steps:

1. Determine if you want to fully abandon the trademark or assign it to another party.

2. If abandoning the trademark:

a. Stop using the trademark in commerce entirely.

b. File a "Voluntary Surrender of...
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1 Answer | Asked in Business Law for Vermont on
Q: can board for non profit consist of 2 famiy members, it says majority cannot be related

can the board consist of 3 family members or 2

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answered on Apr 10, 2024

In Vermont, the law does not specifically prohibit family members from serving on the board of a nonprofit organization. However, the Vermont Secretary of State's office provides the following guidance:

"The majority of the directors of a public benefit corporation may not be...
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1 Answer | Asked in Consumer Law and Internet Law for Vermont on
Q: Can I sue international online store about they included import fee but they not pay for it

I order from Revolve in the checkout they charge me 10% for import fee and also in the document clearly state that the duty fee and tax have to collect from exporter.. whe the product came the duty fee is more than 10% and they refuse to pay for it n not refund me back as well.. I have to pay for... View More

James L. Arrasmith
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answered on Mar 14, 2024

I understand your frustration with this situation. Whether you can sue the international online store depends on several factors, such as the store's terms and conditions, the laws of the countries involved, and the specific circumstances of your case.

Here are a few points to...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: How do you claim an abandoned vehicle on public property in Vermont.

The vehicle has been parked on public property since September of 2023 or longer, there is no plate, registration sticker or emissions sticker and the car is partially gutted on the inside, is missing a side mirror and has lots of exterior damage.

James L. Arrasmith
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answered on Feb 23, 2024

To claim an abandoned vehicle on public property in Vermont, you typically need to follow a specific process outlined by local authorities. Begin by contacting the local law enforcement agency or the Department of Motor Vehicles to report the abandoned vehicle and inquire about the steps for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Does my employer have to allow me to flex my schedule for prenatal appointments?

I work for a state government, and requested previously to be allowed to flex my schedule to allow me to go to my prenatal appointments without having to use sick leave due to the employer not paying maternity leave and requiring employees to use their own sick time. And it was denied. I recently... View More

James L. Arrasmith
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answered on Jan 24, 2024

Under the Pregnancy Discrimination Act, employers are required to treat pregnant employees the same as others who are similar in their ability or inability to work. This means if your employer provides accommodations for other employees with medical conditions, they should also do so for... View More

1 Answer | Asked in Employment Discrimination, Employment Law, Civil Rights and Health Care Law for Vermont on
Q: Can my employer deny my request for leggings as a reasonable accommodation to pregnancy in VT?

I work in Vermont, and I was recently placed on a temporary job assignment with a business casual dress code (no jeans, no leggings). I asked if I would be permitted to wear leggings due to my pregnancy causing me to rapidly outgrow my business pants. Others in different divisions within the same... View More

James L. Arrasmith
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answered on Jan 23, 2024

In Vermont, employers are required to provide reasonable accommodations for employees with medical needs, including pregnancy, unless doing so would cause undue hardship to the employer. The request to wear leggings due to pregnancy could be considered a reasonable accommodation under these laws,... View More

1 Answer | Asked in Civil Rights for Vermont on
Q: What is the reasonable expectation of privacy in a commercial environment?

I rent a work space in a small industrial area. Cars can drive in, but have to drive out the way they came. There is a No Trespassing sign as you enter. Recently, a surveillance camera has appeared above the door I use to enter the building, the kind that records audio and transmits audio/video to... View More

James L. Arrasmith
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answered on Jan 14, 2024

In a commercial environment, your expectation of privacy is generally less than in a private setting, but it's not entirely absent. The specific nature of the rented space and the terms of your rental agreement play significant roles in determining your reasonable expectation of privacy.... View More

1 Answer | Asked in Civil Litigation for Vermont on
Q: My ex and I are both named on the title of a vehicle. Every time he gets mad at me he threatens to take the car from me
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answered on Jan 11, 2024

Dealing with a situation where both you and your ex are named on the title of a vehicle can be challenging, especially when threats to take the car are involved. If both names are on the title, legally, you both have equal ownership rights to the vehicle. This means that neither party can... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Vermont on
Q: is my landlord allowed to come into my apartment every month for check-ins, showings, and "fixes"?

My landlord has been in my apartment at least once every month since i signed a lease last year. Each time has been to look at work he wanted us to do, show the apartment to buyers and realtors, look at things that he claimed needed updating, and hiring people off the street to come in to do... View More

Kevin Lumpkin
Kevin Lumpkin
answered on Sep 26, 2023

Your landlord is permitted to enter your unit for one of four reasons:

(1) when necessary to inspect the premises;

(2) to make necessary or agreed repairs, alterations, or improvements;

(3) to supply agreed services; or

(4) to exhibit the dwelling unit to prospective...
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1 Answer | Asked in Gov & Administrative Law and Municipal Law for Vermont on
Q: Can the words "shall" and "must" and "prohibit" be used in the goals of a municipal plan?

I am a Planning Commissioner involved in writing South Burlington's Municipal Plan.

T. Augustus Claus
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answered on Sep 15, 2023

Certainly, in the context of drafting a municipal plan, the use of terms like "shall," "must," and "prohibit" is common and can be essential for conveying the intent and requirements of the plan. "Shall" and "must" typically denote mandatory actions... View More

2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

T. Augustus Claus
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answered on Aug 17, 2023

Whether or not your husband should apply for disability benefits in Vermont due to his medical condition depends on several factors, including his medical history, the severity of his condition, his ability to work, and the specific requirements of the disability programs.

In Vermont, as in...
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2 Answers | Asked in Social Security and Public Benefits for Vermont on
Q: Should my husband apply for disability?

He's had a defib for 22 years (he's 62) & his only pumping @ 20%. Would he qualify?

Susan Michele Schaefer
Susan Michele Schaefer
answered on Aug 17, 2023

I encourage your husband to consult with an experienced Social Security disability attorney to discuss his particular situation because disability evaluation is more complicated than just considering a person's medical conditions. Many disability attorneys offer a free initial consultation.... View More

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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Aug 13, 2023

Your facts are unclear, and more is needed to give you a reliable answer.

Generally speaking, your mortgage debt should have been listed in your bankruptcy (we assume that you completed the bankruptcy case and got an Order of dismissal). An Order of general dismissal in the bankruptcy...
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2 Answers | Asked in Bankruptcy, Divorce, Foreclosure and Collections for Vermont on
Q: I filed bankruptcy, got a divorce and my ex stayed in the house. It went into forclosure. I'm just now, 10 yrs later,

Getting a "bill" from money I owe from the forclosure. Is this legal? After bankruptcy, divorce and 10 yrs I have to pay a bill (including interest) of 78,000 dollars!?

Timothy Denison
Timothy Denison
answered on Aug 13, 2023

The house debt should have been included in your bankruptcy. Secondly, your divorce agreement should have provided that when he got the house, he held you harmless on the debt and and indemnified you in the future. Get copies of your bankruptcy and your divorce files snd get them go your... View More

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1 Answer | Asked in Criminal Law and Military Law for Vermont on
Q: Did Vermont adopt title 10 UCMJ for it's title 32 guardsmen?
James L. Arrasmith
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answered on Jun 18, 2023

No, Vermont has not adopted Title 10 of the United States Code, which includes the Uniform Code of Military Justice (UCMJ), for its Title 32 guardsmen.

Title 32 of the United States Code governs the National Guard when it is not in federal service, while Title 10 governs the National Guard...
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1 Answer | Asked in Immigration Law for Vermont on
Q: Question about court order

"I have a court order from the state of Georgia requiring me to visit my 2- and 4-year-old children in Montreal twice a month. However, every time I cross the border, I'm faced with numerous questions, and the authorities tell me they don’t recognize the court order because it’s from... View More

James L. Arrasmith
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answered on Oct 8, 2024

It sounds like you're facing a tough situation with the cross-border complications. The challenge you're running into is that a U.S. court order isn’t automatically recognized in Canada. To have your court order enforced in Montreal, you would likely need to take it to a Canadian court... View More

1 Answer | Asked in Immigration Law for Vermont on
Q: I have Question about Canada Visit

"I'm a U.S. citizen living in Vermont, and my two children, ages 2 and 4, live in Montreal, Canada. I cross the border every weekend using my driver's license to spend time with them, and I've had no issues so far. My question is, would it be possible for me to stay in Canada... View More

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answered on Sep 23, 2024

When crossing into Canada as a U.S. citizen, you can typically stay for up to six months without a visa. However, extending your stay to four months could raise concerns with border officers if they believe you are not just visiting, but living in Canada without proper documentation. It’s... View More

1 Answer | Asked in Real Estate Law for Vermont on
Q: When the owner of the property be able to sell their property without signoff from joint tenants per Quir Claim deed.

Quit Claim Deed

Anthony M. Avery
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answered on Sep 3, 2024

Not sure of your question... But any tenant in common can convey their individual titled interest. However a buyer will want the entire title, so he wants all owners to convey. Otherwise he becomes a TIC with the other owners.

1 Answer | Asked in Tax Law for Vermont on
Q: My dad got portion of parents estate, and would have had to pay taxes. He passed, and the money came to me. Do I pay
James L. Arrasmith
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answered on Jul 28, 2024

When you receive an inheritance, whether you need to pay taxes depends on several factors. Generally, inheritances are not considered taxable income for federal income tax purposes. However, if the estate itself was large enough, estate taxes might have been owed before the money was distributed to... View More

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