Title: (FL) Do school crosswalks function as normal crosswalks during non-school hours?

Question:
It doesn't happen very often, but I sometimes come across someone waiting to cross in a school crosswalk on my way to or from work. I stop and wait for them to cross as I think it functions as a normal crosswalk during non-school hours, but every time, without fail, people will honk at me for stopping, which makes me think I may perhaps be mistaken.

It's labeled with [this sign,](https://www.safetysign.com/images/source/product-grid-images/X5646.png) and also has [this sign](https://thumbs.dreamstime.com/z/school-crossing-ahead-17722322.jpg) a few hundred meters prior to the crosswalk.

Answer: Crosswalks are crosswalks. The people honking likely can't see the people walking. That, or they're assholes.


Title: Lawsuit due to unvaccinated child infecting your child?

Question:
In the event someone were to strike / kill your child in a drunk driving situation you could sue the offender. What about the case of a child that has parents that voluntarily opted out of vaccinations and their child infects yours? I say this because a disease like the measles is preventable and to willingly not do this and endanger others seems like like negligence. Keep in mind, strains of these diseases can be traced to the origin in isolated cases.

I'm in no way wanting to start a debate, so lets not do that. I just see no difference between a person driving drunk and striking my child or a person giving my kid a preventable disease that leads to death (in the worst case scenario).

Answer:
 This topic comes up once a day.

No, you can't sue some moron for not vaccinating his kids. You run into issues proving almost every element of negligence.


Title: ILLINOIS:'Slippery' ex wants put my baby up for adoption without my consent.

Question:
My ex has been pregnant since July.  We had  prenatal paternity test done by DDC late September.  There's virtually 100% chance Im the dad.

We broke up early November and she went totally no contact. She last said she was getting an abortion.  I basically had to show up to her court case for a hit and run (shes the defending) just on 1/25 to confirm she is still pregnant. She at first said she's giving the kid to the Archdiocese of Chicago but I told her I wanted this kid. She warmed to the idea but already by last Saturday we are again not talking at all.

My ex has been in and out of jail. She has hidden away with warrants before. She has gone to hospitals for Diladed using a fake name and never giving her ID or address. According to her she has still never gone for an ultrasound for this kid (on 1/25 she said she wanted to with me) so I dont think the place of birth has even been set.

She has court March 1st which I believe to be her sentencing. Before our big spat she was definitely intent on detoxing and preparing to go to jail, but she could change her mind any moment and dip. If she goes shell likely be giving birth in jail.

I want to be my son's father. Ive already registered with the putative father's registry. Do I need a lawyer to pursue this? I have enough to take care of my kid but getting lawyer will be tough.

If I can be legally established as the father does it matter where she goes to give birth? Im worried not knowing where that's happening is going to be a big problem. Would they ever let her give the kid up for adoption without showing an ID? Im really worried no matter what I do she can potentially circumvent me getting custody of my son via going on the run or not giving her ID wherever she gives birth.

Answer:
 I don't know the specifics about Illinois but in many states there is some sort of "~~Proported~~ Putative Father Registry" where you can tell the state beforehand that you claim to be the father of the child born to this person. That helps give you some rights from the moment the birth happens.

The danger is her claiming to not know who the father is. Having a lawyer will help; they know things like this. Answer #2: Honestly, jail could be the best thing for her and her baby.  It will be a lot harder for her to abuse drugs (although possible) and she'll be provided with health care and the baby will be safe.

If she is on drugs and in jail, it makes your argument a helluva lot stronger.

Understand you cannot do this by yourself.  You will need support and resources.  Get a lawyer. Beg or borrow.


Title: My lease ends this month and I did not give a notice I was leaving, now landlord says I owe rent until a new renter is found... am I screwed?

Question:
I currently live in an apartment in the suburbs of Minneapolis and as i said my lease ends this month.  I didn't give any notice that I was either leaving or staying in my current apartment, I know that is kind of crappy but I didn't even have plans to move until about 3 weeks ago which wouldn't have been enough time anyway.

I have already found a new place, signed a lease with them and paid my damage deposit so I will be leaving at the end of the month.

Anyway as I said I didn't give any notice, however nor has my current building manager provided me with any kind of lease renewal, in either written or verbal form.  I'm not sure if that is important or not just trying to get the info out there.

My roommate who is also moving out and has also (as far as i know) found another apartment spoke with our building manager today and was informed that we are "required to pay rent, after our lease ends" due to our not giving proper notice.

I understand the reason for giving notice, to allow time to re rent the apt blah blah blah but it seems to me its not my problem if they fill this building or not (well it may be, but you know what i'm saying, and i hope its not)  I agreed to pay rent for a given amount of time, and did, on time.

So, am I really responsible for paying the rent in an apartment I don't live in, or am I just screwed?

Answer: Yes, you're responsible for the period until a new tenant moves in, or the notice period once you give notice. Whichever is shorter. Answer #2: Yes you are, and if you haven't yet you still need to give him offical written notice.


Title: (US-KY) Now that Kim Davis is going to jail, can other people in her office certify marriage licenses?

Question: I'm not sure if legal topics related to current events are allowed here, but it got me wondering. If there is someone else in her office that is willing to give the licenses, now that she's out can they do it? Not sure if her jailing would count as some sort of leave of absence or if there's like an "in loco parentis" for your supervisor being unavailable.

Answer:
 >if there's like an "in loco parentis" for your supervisor being unavailable.

Interestingly enough, her son works as a deputy in the clerk's office.Answer #2: I guess now we'll see if the Deputy wants to go to jail too?


Title: What does ‘consent is not a condition of purchase’ mean in this context?

Question:
https://uniqlo.attn.tv/p/xav/email-landing-page

What exactly does it mean?

Answer: You don't have to sign up for their list to buy their clothes, nor will signing up for their list mean you are buying something at the same time.  It's effectively saying the email list and any actual transactions are separate entirely.Answer #2: You don't have to sign up for their lists to buyAnswer #3: In the U.S., at least, there are laws controlling commercial text messages and companies can face stiff fines if they send commercial texts without first obtaining the recipient's consent. Here, they are asking you to consent to them sending commercial text messages but are saying that you can still purchase things from them without consenting.


Title: Studio Workspace Landlord is telling me I have to leave in 3 days, but I’ve always paid rent on time and am not breaking any of the rental agreements. What rights do I have?

Question:
Hey guys, question regarding my rights as a tenant - I rent a rehearsal studio in California month to month, I’ve always paid my rent on time, I don’t and haven’t broken any of the rental agreements or the law, but my landlord is telling me I have to leave either by the end of the month or in 30 days.

Backstory - my landlord has a history of not handling problems at the studio. One time the deadbolt was stuck to the studio entrance, I was on a deadline and called him and he said he couldn’t fix it because he was out of town. Another tenant later told me about another way to get into the building that landlord didn’t tell me about, so I was able to get in eventually but that left a sour taste in my mouth.

Fast forward, one of the toilets overflowed and was leaking water everywhere and into another tenants room. I saw this on my way out of the studio and sent my landlord pictures and told him he should call a plumber. No response.

Later I told a friend of mine about this place since he was looking for a studio. My friend set up an appointment to meet the landlord, and told him to confirm with him the next morning. My friend does exactly that, but landlord pushes him back 2 hours and says he can’t meet then. Friend says he’s unavailable at that time but could try later. Landlord doesn’t apologize for the delay and tells him it’s either that or he comes back next week. Friend is understandably upset and doesn’t come back.

Today the internet wasn’t working, so I reset the router and it wasn’t getting any better. So I texted him and asked him if he could call his ISP since I already tried what I could on my end. He told me I needed to buy a range extender and then told me I needed to call the ISP. I told him that since he was the landlord I thought that’s what he should do. He said he was busy and he wouldn’t call the ISP.  Since I’d had previous interactions with him before I was a little upset and told him that he didn’t seem to care at all about any of the current or previous interactions we’d had. I told him about the other issues and about my friend, to which he tells me it never happened. I told him I am not arguing with him about it, but he could’ve handled the situation better by saying he’d check into the internet situation later since he was busy at the time. He responds by saying “Sounds like you’re having a really bad day.” I tell him I’m not having a bad day at all it just seems like he doesn’t care about his tenants that much and he doesn’t seem very apologetic”

We go back and forth a little more, rehashing the same thing, and eventually he decides he’s kicking me out. He said I can choose to either leave by the end of this month or within 30 days.

So reddit, I’m wondering what are my options here? I didn’t violate any of his rules and I’ve paid rent on time every month. He is kicking me out simply over an argument.

TLDR; my landlord is kicking me out because we got in an argument even though I’ve always paid rent on time and haven’t done anything illegal or against the month to month agreement he wrote.

Answer: If you're month to month then either of you can terminate the rental with 30 day's notice. Especially since this isn't a residential situation. Your landlord is actually cutting you a break by giving you the option to leave early since if you chose to leave at the end of July you'll still owe July's rent.


Title: My employers are able to track when I use indeed for new jobs, is that allowed?

Question:
I hope this is the right sub for this. I applied to my current job on indeed and was hired. Now I'm looking for a new job but still using indeed.

However, I heard from my coworkers who have also used indeed that they've been spoken to by our boss and interrogated about their intentions. One coworker was just updating her resume and was spoken to. Another coworker was applying for a weekend side gig and was spoken to because they thought she was quitting.

Are they allowed to have access to our indeed accounts? Is that a normal process when using indeed and what if I want to go around it? Can I just make a new email on indeed and then give them 2 weeks notice when I do decide to leave my current position? Don't we have a right to look for new jobs without being scrutinized by our employers? Is this a privacy issue?

I understand just with courtesy to give them a heads up but isn't that what the 2 weeks notices is for?

I'm in NY.

Edit: no I'm not using their computer/network/wifi to go on indeed

Answer:
 Sounds like they're paying for the recruiter access on Indeed and following all their hires. I'm assuming Indeed has something like this, I only ever used LinkedIn's when hiring.

That's not illegal. You're both making use of the same service.


Title: Son (8) has serious mental health issues after every visit with his dad, is there anything I can do? (Long)

Question:
Background info-The dad lives about 3 hours away from us, we were never together after son was born.  We have no formal visitation set up through a court, but he started taking every other weekend 4 years ago when he was ordered to pay support.   Won't take extra time during summer/breaks, often has to leave son with his mom so he can to work.

So, over the past year my son's gotten worse every time he's come home from his dad's, severely so since he moved in with a new girlfriend.  It's usually screaming fits, sobbing, insulting everyone around, etc, for a day or 2 after being home, then he goes back to normal & seems to honestly regret his words/actions.  Over the past few months though, it's gotten so much worse.  Still has the tantrums, but are intermingled with "I hope you have a heart attack & die", "I wish you'd never had sex with my dad ", " Why don't you just abandon me? I know you want to! "  - all directed at me.

This last time he came home though, he was in a good mood until I had to tell him no for some reason I can't recall now, & he lost it.  Started yelling that he wished he was dead, that the whole world would be better if he was gone, that he was going to kill himself.  He then sobbed for like, a full hour.  Guys, I've tried talking to him, I always tell him that I love him, try to respond with how important he is to everyone, but it doesn't seem to help. I've been trying to get him into a counselor, but his dad carries his insurance (as required by court order) & won't give me the information, & I've not been able to find someone in our price range without it.

I've tried talking to his dad multiple times about this, he just says that he's not really concerned with any problems he had because "at least I'm around, unlike my dad".  I texted him & told him what our son had said when he came home his response was " OK". That was it, no concern, no fucking care to try & help.

There is no evidence of abuse.  His dad isn't mean to him, buys him lots of things, etc.  I know this weekend they even went to the zoo.  When my son calmed down he was saying that nobody ever pays attention to him there because they're on their devices (which we restrict here), that the only reason they went to the zoo was because the gf wanted to, that his dad only does things for his gf but ignore what he says.

Is there anything I can do?  I have an appointment with a lawyer the beginning of next month, but I'm honestly scared to take him to court.  Their family has a lot more money than us, out house needs repairs ( roof, porch flooring, bathroom sink currently unhooked due to leaning old pipes) which we're working on, I'm divorced, have had to move several times,& I'm afraid that these things with l will complicate a fight.  Son's grandma makes to secret about the fact that she wants to raise my son.

Eta- We're located in IN

I need to add, since it's been brought up:

Yes, I have asked for his family's medical history.  His mom won't answer my questions and he won't tell me.  He doesn't have contact with his dad's side of the family, and had just met his own father a few years ago, so he doesn't know their's either.   There is record at my son's school that when they had contacted him over and incident that occurred, he told them not to contact him again.  Same thing with the Dr's office when they called to get a medical background.  I have been informed by the Dr that if I do not treat this very seriously, she will be calling child protective services.  I had called the office to ask for referrals after his threats.

THIS IS SOMETHING THAT I AM NOT ABLE TO JUST IGNORE.

Answer:
 This is more of a relationship issue than legal, at least for now. You need to bring your son to a mental health expert to find out what is going on with him. That said, if you find out something bad is going on, see a lawyer immediately to get custody/visitation formalized.

EDIT: missed the insurance/court order part for some reason. If the father is violating the court order regarding the health insurance, it is indeed time to speak to an attorney. Answer #2: Maybe talk to your divorce attorney about compelling your ex to give you the insurance info?  You desperately need to get this kid into counseling, and he is already covered by insurance, so use it.Answer #3: Do you know where dad works? If so, call HR and ask for the benefits person and they should provide the insurance information once they know son is covered under the plan.Answer #4: You really need to see a judge and get these things fixed.  If you don't have your son's insurance information, what on earth are you going to do if there's an emergency?  Although you should have no obligation to provide visitation (as there's no agreement), if you stop the dad and his family will likely file and it's better to get ahead on that.


Title: Negotiating with family threatening indemnification with student loans

Question:
This is actually a bit of an update to a post from a few months ago now that we really have an idea of what's going on.

SO has student loans, grandmother consigned them (co borrower), passed away last year.  According to student loan contract they can demand the entirety upfront in this situation.  The contract is ironclad in this regard but, nobody is in default.  They put a lien on the estate, meaning that the inheritance cannot be passed out until debts have been paid and the grandmother's estate is 2 million split between her 4 immediate children (not grand kids because some of them are too young) and the student loan is 50k.  This does not effect my SO at all in that, as long as he dutifully pays his loans (which he is and still is, he's in good standing) the family can either wait for him to pay it off himself in 10 years to get their money or pay it off now and take a hit to their inheritance (the way the contract is with the bank makes it work out this way).

We are talking to the uncle who is the executor of the estate.  He wanted us to consolidate the loans onto my SO's name only to take the lien off the estate.  We investigated but my SO is not eligible and he has no consigner (his grandmother wanted him to have an education so she helped him since his dad's credit is in the tubes and nobody else was willing to help).  Since consolidation didn't work they now want him to sign a promissory note if they wind up paying for it.  They wanted to keep the same exact contract he had with the bank except that it would now be to the family instead which we would obviously not agree to since they'd be profiting off of interest and it would be switched from a student loan to a normal loan, meaning that it would not be tax deductible.  We ignored them.

They later emailed us saying they wanted to work with him.  He told them that because we want this to be fair to him (we are really going out of our way working with them though we didn't say this) we wanted a lower interest rate to assure intent to pay without feeling like they are profiting off of him, and a quarter deduction (12k) to make up for the cost to us so between the 4 of them it'd only be a 3k cost to their inheritance each (plus no gift tax like they claim).

They replied to us today making an offer of 10k instead of 12 and a higher interest rate than what we had asked for (we didn't think there should've been an interest rate to begin with) but still lower than the original loan.  We would have considered this had they not also said in this email that they intend to sell the loan to someone else.  In other words, they will pay it off, expect him to sign a promissory note with them, then find a loan company to buy the loan off of them.  We are not okay with this but we are not sure what we should say exactly.  We would like to speak to a lawyer but it's Memorial Day so we are just chewing the situation over while we wait.

What do you guys think?

Forgot we live in OC, CA family is in Oregon.

EDIT:  We missed a very crucial detail (we just got the message this morning).  The family is attempting to buy the loan off of the bank and sell it to someone else.  I don't know what this exactly means or if they able to do this/ if they are attempting to do this and then demanding us to pay for it but not the estate.
Topic:
Wills Trusts and Estates

Answer:
 >nobody is in default.

Maybe they are.  The loan may very well instantly go into default upon the death of the co-signer. This is why it's important to have life insurance on the borrowers and co-signers when dealing with debt.

>(not grand kids because some of them are too young)

Is this the product of a will / trust document or your assumption? Generally, grandchildren will not take anything if their parents (the deceased's children) are alive.  If their parent is dead, it's possible they have an interest in the estate.

> Since consolidation didn't work they now want him to sign a promissory note if they wind up paying for it.

"No."

>They replied to us today making an offer of 10k instead of 12 and a higher interest rate than what we had asked for (we didn't think there should've been an interest rate to begin with) but still lower than the original loan.

Thanks for the counter-offer.  I'd like to remind all parties that I'm not under any obligation to do any of this. I could simply say no and you'd be stuck.  Here's my new and final offer.  $20k discount, 0% interest.  It's take-it-or-leave-it, I don't care.  You've got 72 hours to tell me.


Title: Sending money for something that could be illegal.

Question:
I live in  Latvia. I received a call from a bodybuilder friend of mine who is currently abroad. He asked me if I could send money through Western Union to some company, that provides steroids, because he doesn't have any Western Union near his location. They take about a month to get here and he needs them ASAP when he gets back.

He is going to make the order online. All I have to do is send them the money. I asked him what he wants to order and it was Test-Enanthate, oxymetholone and other substances. Oxymetholone seems to be the only illegal one listed in the forbidden substance list. I told him about it and he said that he didn't know that and told me, that he will not order it. But, I am pretty sure he is lying.

I want to help him out as it is very important for him and he is begging me, but I am not sure how safe this is for me. Even if I am not the one who makes the order, I still am sending money to some steroid company. The name of the company is Purple Panda Labs. Can I be arrested because of this?

Answer:
 This is a terrible idea.

If he needed them that badly, he would do it himself, except he wants to use you to shield him if something goes wrong.

I would not be involved in this.Answer #2: When I log onto westernunion.com I am immediately given an online option to send money. I do not think lack of access is the reason you are being asked to make this transaction. Answer #3: You can send money right from their web site. He's lying to you. Don't do it.


Title: [Oklahoma] Landlord has taken months to fix fence, not sure if they even will

Question:
We've been renting this house for the past 4 years. We have pictures of the fence on the day we signed the agreement. It was a patchwork of years of shoddy repairs and decaying wood covered by vines. The vines themselves made a big part of the structure. The property management company has been by every year to make an inspection and has never had an issue with the fence. We liked the greenery and it was so thick it was like a privacy fence.

A neighbor's tree branch fell on our back fence back in early July. It left a 6ft wide hole. Her insurance came by and has refused to pay for some reason. We have a dog who needs to use the back yard for his play and ...other business. We are now unable to use our back yard for his needs and have had to use doggy daycare to get his energy out. This has caused us expense and taken away from our peaceful enjoyment of our rental.

Some contractors have been sent out to remove the vines. But now it seems that it is going to take an unknown amount of time to actually fix the fence. It has been a few months, we have emailed the property management company several times about this issue. They are becoming rude and refuse to give us any timeline on when or even if the repairs will be made.

My question is: What rights do we have in this situation? How long is a reasonable amount of time to wait for such a big hole in the fence to be mended? Our house was robbed at the beginning of this year and, frankly, this hole in the fence has made me feel unsafe again. We got a chain for the front gate that the robber used to get to our house, but what good is that with a 6 foot hole in the other fence that anyone can just step though.

Answer:
 Is this fence in your lease? Is there a reason you can't do a quick fix yourself?

> We are now unable to use our back yard for his needs

Yes you can you just need a leash. I did it for years with 2 dogs before getting a fence.Answer #2: Are you guaranteed a fenced in yard in your lease?


Title: Could there be legal issues with selling a water damaged MacBook?

Question:
&#x200B;

Last week my boyfriend was at the local computer store. A man dropped in asking the staff to dispose of a water damaged macbook. The store said, "Oh, sorry, we don't do that here." My boyfriend overheard and offered to take the macbook off of the guy's hands. My boyfriend suggested that he was interested in taking it apart just for fun. The guy gave his Macbook to my boyfriend, saying that if my bf fixed it, he would love to get it back--but he didn't leave any contact info. We literally have no idea who he is. The man bought a new macbook and left.

After this, I had the grand idea of selling the laptop for parts, and after some preliminary investigation, it seems that there is a big market for water damaged Macbooks. However, I am worried about selling it because I have no idea what is on this laptop. We have not even tried to turn it on.

1. If I were to sell it and there were illegal content on it of some sort, would that come back to bite me?
2. In addition, if the man stored personal info (i.e. bank info) on it and someone got the computer working, would I be potentially be putting him at risk?

My sister suggested I get a magnet and try to wipe the memory that way...but I would have no idea if it worked. I'm fairly certain it doesn't turn on. Let me know if I should post to a different sub
Topic:
Consumer Law

Answer:
 >However, I am worried about selling it because I have no idea what is on this laptop.

This is because you are smart.

>If I were to sell it and there were illegal content on it of some sort, would that come back to bite me?

Yup. You'll probably beat the rap, but the ride's gonna suck out loud.

>In addition, if the man stored personal info (i.e. bank info) on it and someone got the computer working, would I be potentially be putting him at risk?

Your jurisdiction's important here, but generally he'd have to prove you were negligent, which means he'd need to prove you owed him a duty of care, which he probably isn't doing seeing how you came to have the machine in the first place.

>My sister suggested I get a magnet and try to wipe the memory that way...but I would have no idea if it worked.

It didn't. The magnet inside the hard drive is stronger than the one you were holding in your hand.


Title: How rude can one be to law enforcement or security without legal repercussions?

Question: [deleted]

Answer: There's no specific limit - but if you challenge officers to find a reason to give you more trouble than you were originally going to get, quite a few of them would be happy to show you just how creative they can be.


Title: [TX] If you disobey an order to exit a vehicle would a defence that you doubt they were a real LEO work?

Question:
Purely hypothetical. In this PSA:

https://www.youtube.com/watch?v=9KZNnxXM0G0&feature=youtu.be

The police chief says

> never step out of your car unless you're sure the person you're talking with is a real police officer

Now, the police can (lawfully) order you to to get out of your car for their safety (or, they just have to claim that after the fact). However, if you're not sure they are a real LEO, and you don't get out you risk some charge. You could disobey the order until you can confirm their legitimacy, but in practice they probably won't be patient with you.

So, is there any precedent of a defense where they claim they didn't have to follow an order because at the time they could not confirm the legitimacy of an LEO?

Answer:
 The question is, "would a jury find that claim to be a reasonable one given the totality of the circumstances?"

If the officer is in uniform and s marked vehicle, then it's doubtful this would fly.


Title: Store refuses to give me a refund.

Question:
Hello, earlier this day I bought a headset worth 100 euros, when I came back home I was very unsatisfied with the product. I came back to the store to return it straight away, they said they can't give me a refund. Can they really refuse to give me my money back? I live in Lithuania which is a part of the EU, isn't that breaking some kind of law?

Bought the headset from a store and not online.

Answer:
 So I assume that you bought the product in the store? (sadly).

Is the product faulty or are you just not satisfied?


Title: (Illinois) My wife endured a very painful C-section 2.5 years ago. Too late for any legal action?

Question:
When my wife went into labor in Sept 2013, the anesthesiologist did a very poor job. They gave her too large of a dose for the first epidural and her BP and HR dropped significantly along with the babies. They had to work frantically to flush out the dose. Had to stick her with a second epidural after that. Once she went into surgery, she could feel everything as they cut into her. They quickly knocked her out after the baby was out but her doctor said she shouldn't have felt anything.
I didn't even think about any legal action until someone mentioned it to me recently. Is there anything to be done or has the time passed?

Answer: You can see a medical malpractice attorney, but the statute of limitations in Illinois is two years, and this isn't really the kind of case where there's a good argument why it should be delayed (tolled, in legal jargon).


Title: Hair Torn out at work

Question:
Hey what’s up,
Never posted here before so I’m sorry if I miss something. This happened in ID. My GFs hair was [torn out](https://imgur.com/gallery/iPZpNNG) by a client today while trying to escort the client out of a public place. She works at a house for people with disabilities, the client being one of them. She is a very kind person, but this was a pretty devastating event. Is there any sort of financial compensation to help fix her hair? She received a sort of push back from even filling out an incident report, which leads me to believe asking directly to the company about her options may not be the best route to take.

Thanks in advance.

Answer: IANAL. She may want to look at any papers she signed. This is common with working with disabled so I would hope it was mentioned/covered at some time during hiring.


Title: A lady is accusing me of stalking her and wants to get a restraining order...

Question:
So she's this lady who happens to live in the same apartment complex as me, and we both commute to work via the same public transit service. I've noticed this for about a year now, been living in the complex for several years.

Anyway, one morning, I was sitting there playing a game on my 3DS when I feel a hard tap on my shoulder. She smiles nervously, and begins a conversation with me, asking me why I'm always around. I told her it seemed like a weird coincidence. I offered to buy her some breakfast but she politely declined. Then we got off the train. I thought that would be the end of that.

Days later, the exact same thing happens. Except this time, she's more serious, and is like, "Here you are... Again. This is really weird, right?" I kind of shrug it off, and decide to just focus on my game.

And then the day after this, she approaches me angrily on the platform, and begins to accuse me of stalking her. I tried to get her to calm down but she screams that what I am doing is very creepy, and disturbing. I get on the train, and go to the furthest car in order to avoid her.

Now we get to yesterday's incident. I was already on the train, in the furthest car, trying to avoid this woman. She charges in, and confronts me again. This time, she has a police officer in tow. The cop pulls me aside, and despite claiming that she is crazy and I am **not** stalking her, the cop "warns" me to keep my distance from her. He says that I can be arrested for harassment, and a restraining order might be issued. I felt sick to my stomach.

I know I could try taking an earlier train (I can't take a later one or I could be late, I also can't drive there because it's just too far, and parking sucks) but why should I change my route just to appease a crazy woman? I'm also disturbed that the cop seemed to side with her. If she does get the restraining order, does that mean I can't take the train anymore? Or even live in the same apartment complex? Will I get evicted? Should I get a lawyer now or wait? Or what? My state is Pennsylvania.

Answer:
 ...Did you at any point say something to the effect of "we live in the same building and take the same train to work at about the same time"?

I'm not trying to blame you, but saying only "yeah, it seems like a weird coincidence" when you already know the (reasonable) answer does nothing to defuse the situation. Especially not when you follow it up with an invitation that--while I'm sure was perfectly friendly--could be construed as an unwanted romantic advance.


Title: Private Reserved sign on a Handicap spot-Indiana

Question:
This week, I arrived at an office building that I regularly go to for medical care.  A new “reserved parking for Keith H*******” has appeared in front of one of the only two handicapped spots.

I asked the receptionist about the sign and she says the building owner was upset that both spots were full when he arrived and it’s his right to put the sign up.  He rarely visits the property, but he does have a handicapped placard.

The receptionist was genuinely upset about the sign and has received numerous complaints.

Is this legal?  The only offices in the his building are medical and many of the patients have placards. It seems unreasonable to have so few handicap spots and then to place further restrictions on their use.

Where would I look up ordinances concerning this? A general google search didn’t provide answers relating to the problem.

Edit-for the bot-Indiana

Answer:
 From your comments, you estimated 60 spaces. If they have 51\-75 spaces, they need 3 handicap accessible parking spots. More importantly, since they have upgraded the parking lot, they are now held to the 2010 ADA standards.

More importantly, if you make a spot handicap accessible then don't let anyone but the owner park there, I guarantee you there is no fucking way that will count. Contact the Indiana Bar Association and ask for a referral to a disability rights lawyer. A C&D might get them to take it seriously.Answer #2: This is dumb, if he's the building owner, why doesn't he reserve a NON-Handicap spot right next to the handicap spots?

Then he gets to park close by and doesn't get sued for violating the law...


Title: Shitpost Friday - You can get anything you want...

Question:
We're in a Thanksgiving Mood here at Legal Advice, and so we'd like to celebrate one of the greatest Thanksgiving related legal cases of all time - the [Alice's Restaurant Massacre](https://www.youtube.com/watch?v=m57gzA2JCcM).

We're not proud...or tired, so we want you, yes YOU, to pick any /r/legaladvice post and answer it with a line from the song.

You know, if one person, just one person does it they may think he's really sick and
they won't take him.

And if two people, two people do it, in harmony, they may think they're both faggots and they won't take either of them.

And three people do it, three, can you imagine, three people walking in, answerin' a question with a line from Alice's Restaurant and walking out...they may think it's an
Organization.

And can you, can you imagine fifty people a day, I said fifty people a day answerin' a question with a line from Alice's Restaurant and walking out. And friends they may thinks it's a movement.

And that's what it is, the /r/legaladvice Alice's Restaurant Anti-Massacre Movement, and
all you got to do to join is answer a question the next time it comes around on the guitar.

Answer:
 https://www.reddit.com/r/legaladvice/comments/7dmh3r/lemon_law_for_computers/dpyt8dk/

Chorus works just fine as a substitute for "for the fifth time tell us where you live you gormless drool factory"Answer #2: https://redd.it/6ebbq9

I said, "Yes, sir, Officer Obie, I cannot tell a lie, I put that envelope under that garbage."


Title: [Pennsylvania] Friend got arrested for suspected DUI

Question:
The following occurrence took place in Pennsylvania.

TL;DR at the bottom

Let me preface this by saying, I’m speaking on behalf of one of my friends. He is 18 if that means anything. One night, he was driving home from work at about 11:00 pm. As he was driving, he noticed that the car behind him was tailgating him in a 40 mph zone. He then sped up about 5 mph in hopes of getting the car off his rear end. The car was still tailgating him so he sped up again, now doing about 50 mph in a 40 mph zone. After a few seconds of going this fast, the following car turned on their police lights and pulled him over. When the officer came out of his car, he told him to step out of the vehicle and administered a sobriety test. My friend told me that he completed all of the tasks well, but he was then arrested for suspected DUI. He was not given a breathalyzer on scene. His car was towed and he was taken to a DUI center where he had his photo taken and blood work done. After waiting for a few hours, an employee approached him with his belongings and explained that the results for the blood test showed no illegal substances in his system. The employee even expressed his confusion as to why he was brought in because he appeared to be completely sober when he arrived. After that, they let him leave the facility. He called his brother to tell him what had happened and for him to get picked up.

TL;DR – Friend got tailgated by a police officer and pulled over for speeding. He was arrested for suspected DUI although he showed no signs of being under the influence. They let him go once they realized he was not under the influence.

My questions are: Will this stay on his record as suspected DUI even if they found no evidence of being under the influence? If so can it be expunged? Can he sue for the towing costs of his car? Was this situation entrapment by law enforcement? If so, can he sue for that?

If anyone has questions about the situation, I’d be happy to answer any that I can with my knowledge of what happened.

Answer:
 It's not entrapment.

If they had probable cause to arrest, then the arrest is valid, even if it turns out that he was innocent later.

I am suspicious of the details of this story because I have never heard of a "DUI Center" and it takes WEEKS in my experience to get the results from a blood test back.

He can contact a lawyer, but I'd be interested to hear the other side of this story.


Title: Donate Breast Milk (MN)

Question:
Looking for advice. I have lots of frozen breast milk and volunteered to donate some of mine to someone in a local mom group. However, when I mentioned it to my husband, he stated he doesn't want me to donate because of liability reasons such as what if the baby gets sick and she wants to sue us, etc. What should I be concerned about, how can I protect us from liability?
 Thanks.
Topic:
Other Civil Matters

Answer: If you get in touch with a milk bank, they can answer any questions and concerns for you


Title: [VA] We have reason to believe our neighbors will try to injure herself on our property in order to sue.

Question:
Our neighbor is a disabled woman who is very litigious. She has openly admitted to suing her best friend, the contracting company that worked on her roof as well as the company that worked on her back yard. We think this is how she gets her income as disability doesn't cover very much. The other day my boyfriend was speaking with her on our side porch and she was on the steps. As she was leaning against the side rail which isn't very sturdy as it is being remodeled, she kept pushing against it with her back as though trying to test it or even break it. She said she was having trouble with her balance/ scratching her back.

We have already decided she is not allowed in the house, but she has also admitted to going into our fenced in back yard and taking scraps of wood from a pile.  My boyfriend went into her house so she could show him what she did with her stairs which we are considering, and during this she showed him a piece of wood that was in our back yard that she really liked the shape of.

This all makes me very uncomfortable, and I don't like the thought of her hurting herself either purposefully or not while we are not there and being sued for it. Any advice would be appreciated.

Answer:
 Call the police and report her for trespassing. Write and send her (or have an attorney write and send her) a letter instructing her to stay off your property.

IANAL but, in this situation, I would recommend you document as best as you can that she was NOT authorized to enter your property. If she does sue you, it'll give you a pretty strong defense that you specifically told her to stay off your property.

Also, some security cameras might be a good investment.

EDIT: Also, maybe a 'No Trespassing' sign.Answer #2: Maybe cameras?  They're getting cheaper.  Put them in the places that she's hanging out so you've got video documentation.Answer #3: Tell her she is not allowed to go in your fenced-off backyard. Preferable in writing or with witnesses.

A couple of trail cams would be $50 or so each from Amazon.

If you are really worried, a quick call to your homeowners insurance may be in order. If they have a note on your file that she may be making fraudulent claims the adjuster will take a closer look at the situation if she ever does make a claim. Being able to show that she intentionally injured herself while trespassing would be the best way to protect yourself.


Title: Boyfriend moving in to the condo I own. Possible legal consequences?

Question:
I [21F] have been with my boyfriend [25M] a year and bought my condo about 1.5 years ago. We are planning on moving in together this summer. He would be moving in with me since he was renting and I have a mortgage. I was planning on having him pay about $350 a month for rent. That money I was going to put in a bank account to start saving for a family sized house. What legal consequences could I face if we broke up? Could he have any right to my condo since he is paying me rent even though his name is nowhere on the loan or title? Do I need to put this as income for taxes and file him as an official renter?

I usually make intelligent decisions but when it comes to love I act like a teenager. I just want to make sure my bases are covered.

I live in Utah if that makes a difference and we have talked about marriage as long as living together works out.
Topic:
Landlord Tenant Housing

Answer:
 No he wouldn't have equity. You will want a lease. You will be a landlord and will have to follow all the laws of your city and state in that regard.

You will also have to report the rent he pays on your taxes.


Title: Can I sue the person who sold me a home for not disclosing removing a load bearing wall

Question: I bought a home in Virginia two months ago. I was a real pain in the butt to my realtor about this wall that was removed. She told me not to worry, If the wall was removed the contractor/seller has to disclose it. I was still not happy so I wanted to get out of the contract. My realtor gave me the number of her lawyer. Her lawyer said I would be sued big time if I broke the contract. I was not happy. The realtor set up the inspection and low and behold he said all is grand. Well one month later the house is cracking and splitting all over the place. Walls cracking, ceilings separating, tiles splitting, kitchen cabinets coming apart.  I tracked down the contractor/seller and he did not exactly admit to removing the wall but he did know exactly what type of LVL beam was in put in there. Interesting.  I called the county and there were no permits issued on the property. So now I am sick, tired and scared to death to live in a home that I just spent all my money buying. Do I have any recourse to get this home fixed by the contractor/seller?

Answer:
 yeah you need legal council who can assist in this.  sue your agent and the lawyer they sent you to.

sue the seller and their contractor.

you've left out which realtor set up the inspection, the qualifications of the inspector and the actual report (since they don't write up "All is Grand", sue the inspector too.

&#x200B;

But you're probably not going to get as much as you think you're owed.

&#x200B;

Was the seller a general contractor?


Title: Can a disclaimer at the bottom of an email really waive my first amendment rights? [WY]

Question:
Some background: I’m having issues with a getting a rebate for a product I purchased online. It’s been four months since it was approved and they still haven’t mailed me my money. I believe they are trying to get away with not paying it and am hoping I forget. The product was shipped to my address in Wyoming.

The company in question is fairly large and well known. They keep passing me from department to department.

My specific concern: at this point I’m considering contacting either the FTC or a consumer advocate. However, at the bottom of all the company’s emails they have sent me is this:

“DISCLAIMER - All communications - written, illustrated, graphics, or any type of content/information present within these email(s) are considered "off the record," confidential and not for publication.  Our company and the sender accept no liability for the content of this email, or for the consequences of any actions taken on the basis of the information provided.  All information contained is direct, confidential communication between the sender and recipient. This content cannot be posted, used, copied or replicated in any way without direct written consent from <company name>. “

Can they really shut me up just like that?   What kind of legal liability could I face if I show the content of the email to journalists or the FTC? Or are they just full of it?

I feel that I should be able to share my bad experience with others and punish the company for its unethical practices. Thank you for your input!

Answer:
 No. Those do absolutely nothing.

You are allowed to share any e-mail you receive provided you did not sign and agree to an NDA.Answer #2: Also, this has nothing to do with the first amendment. That is unless the company is owned by the government.


Title: [Canada]16 and Pregnant in Ontario

Question:
So I'm likely pregnant at 16 and the father is 39.  I've still more testing and am 99% certain I want to keep it.

My fears are that authorities and my mother might try to prevent me from seeing him or take my baby away.

I know about consent laws but am fuzzy how that parleys into pregnancy.  Please help!

Answer:
 IANAL.

There's nothing CAS, your mother, or anyone else can do until your child is born. Your mother can't take your child away. The mere fact that you are only 16 is not a basis for CAS to apprehend the child. If CAS does try to take action after the child is born, you may be entitled to representation by the Office of the Children's Lawyer or through Legal Aid if you cannot afford to pay a lawyer yourself.

You might be able to get some advice or information right now from  [here](http://owjn.org/owjn_2009/) or [here](http://jfcy.org/en/).


Title: Hipaa violation? Advice on how to proceed

Question:
PA-US

Long story, apologize in advance. My fiancé has an ex wife that makes Satan look angelic. She is an ER nurse at a place I’ll call hospital A. Her sister is an ER nurse (or at least used to be last we knew) at hospital B. His ex wife is constantly harassing us, police have been involved, it’s a nightmare. In brief, if she knows ANY “dirt” she can’t help but open her big mouth and let everyone know (including us) that she knows.

I went into the ER at hospital B on Thanksgiving for severe kidney stone pain. While I was there, among all the tests, I found out about something else that created a small issue, nothing big, nothing embarrassing. Mainly I was concerned about these darn kidney stones. I did tell a number of friends about the stones and of course my family. I don’t have many friends here that could possibly overlap with her friend circle as I’ve just moved into the area a couple years ago. Fast forward to today. My fiancé gets a number of texts from his ex....”laughing” at my hospital visit, and she mentioned in passing the “minor” issue, in a roundabout way, which I had told no one except my fiancé about (he was there with me at the hospital). He asked her how she even knew I had been in the hospital and her response was “I know people”.

What is my recourse? I have already decided I’m going to file a hipaa complaint with hospital B, so that they can investigate this. But what about her? Is there anything I can do to alert her employers of these actions? That she obviously doesn’t hold medical confidentiality in high regard and that she can get info on others since she “knows people”? I need to be careful here because of slander, but if I did something such as showing them the screenshots of what she said....and not presenting any false information but only what I know....is that in my best interest? Dealing with this woman for 3 years has been the hardest challenge of my adult life. I’ve stayed out of it, stood aside when she (via text to my fiancé) calls me and my children vile names even though she’s never met us, she’s called child protective services on us (all unfounded claims)...I would really really love to stick it to her.

Furthermore, what if I had gone to the hospital for something I WAS embarrassed about or didn’t want the world to know?! It’s scary to think she could have access, whether directly or indirectly, to all my info. I’m disgusted. Any advice is appreciated. Thanks—

Answer:
 > makes Satan look angelic

Satan was an angel... Just saying.Answer #2: Definitely screenshot that and take it to her hospital's administration as well.
I am a nurse and my hospital would be on me like white on rice for that.
They will investigate and she will have to explain to them how she came by her knowledge of your treatment.  I would be disciplined for sharing that with your boyfriend even if I could prove that I didn't use protected information systems/personnel to obtain your info.Answer #3: File a HIPAA complaint and let both hospitals know that you believe this person is accessing your medical records without authorization.

HHS can assess a significant fine for this, and hospitals take this shit seriously. If she's accessed your medical records inappropriately she's in deep shit.


Title: Do I need to return security deposit if tenant was making drugs?

Question: I live in New York City. I was subletting to someone and found out that they were cooking drugs. I have photo evidence of this. She is currently on a business trip and I told her she had to be out when she gets back. The sublet contract ends July 31. She's asking about her security deposit. Do I need to give it back to her at all and if so when? Thanks for any help you all can provide!

Answer:
 You cannot keep it just because. You have to have damages.

If you are a landlord you need to know the laws well. You need to read your landlord tenant laws handbooks. They are generally easy to read. Check the wiki tenant section


Title: (Lesbian) Do I have any rights to my child?

Question:
Hi guys,

I'm at a loss of what to do. My ex partner and I (never married) have been together for almost 2 years with a break of a couple months in between. We made a profile on a co-parenting website, and found ourselves a really nice donor. The donor came to our house to "donate", I would take it and then inseminate my girlfriend. We have been trying since January, but in April came our positive result! We couldn't be happier. However, mid-June, my girlfriend left me for another woman. (She was very sick, and extremely moody for the first couple of months and when she left is when she was finally feeling better.) She wants nothing to do with me, and doesn't want me to ever meet our baby. I went to the first ultrasound with her, but sadly, she wouldn't let me come to any other appointments and I missed out on the gender reveal as well.  Found out through mutual friends that we are having a boy and I am just so happy about that!!! (Extremely upset that I had to find out that way, and that I just can't be there for the baby's progress. :()

I live in Canada, and I am a Quebec resident. My girlfriend lived with me for a year in Quebec, and the conception happened in Quebec. However, she moved back to Ontario and she will be having the baby in Ontario.

I have contacted Legal Aid, and they started my case however because the baby isn't born yet, they had to close my case. Apparently there is nothing they can do beforehand. Which means, I'll probably miss the birth of my first child. I thought there was at least -something- I could do so that wouldn't happen. :(

The due date isn't until December 29th, which is far away. I am extremely anxious as I do not even know if I have any rights to my child. I know the next step would be to fight for custody, but am I even considered the other parent here? I simply do not know.

I have contacted my donor and he said he would help testify. We had a contract, we didn't sign it as it was all done orally. I have further proof that we were trying for a baby together as well. I have a lot of proof.

Do you think I'll get rights to my son? Is it going to be a fight for custody?

Does anyone know? I am a nervous mess until I can re-open my case. I just want an answer.

Answer:
 This is going to be a very tough fight. Ontario law specifically states:

> Parents under pre-conception parentage agreements
>
>Definition
>
>**9** (1) In this section,
>
>“pre-conception parentage agreement” means a written agreement between two or more parties in which they agree to be, together, the parents of a child yet to be conceived. 2016, c. 23, s. 1 (1).

With no written agreement you don't have very good legal standing here. But, you really need the lawyers who know your case to let you know if there is any way around this.

> Which means, I'll probably miss the birth of my first child.

I'm sorry, but there is absolutely no way they are going to let anyone in to the birth the woman in labor does not want there.


Title: Landlord accusing me of theft [TX]

Question:
I took over a lease with a previous tenant. There was already a washer and dryer installed and the tenant told me they were his and that I could have them when I moved out.

The week before my lease ended, the landlord came to view the unit and looked at the appliances and asked who they belonged to. I told her to inform me if they belonged to the complex before I moved out so I could leave them. She never did, and the tenant confirmed they were not the apartments, so I moved cities and took them with me.

The landlord sent me an email and said she will be filing a report for theft since I took their property. The tenant said they were a gift so he doesn't have proof of purchase, but he said he requested the previous washer and dryer to be removed so he could install his. The landlord can't find the work order, so this is her "proof" that the units belong to the apartment. The brand isn't even the same as the ones supplied by the apartment!

I don't know what to do! I don't want to be arrested and I don't have any money to pay for the units. She will not accept me just simply returning the units. I've never been involved in something like this so I have no idea what I should be doing. I have a clean record and I don't want it tarnished, I don't want to be a criminal

Answer:
 >  The landlord can't find the work order, so this is her "proof" that the units belong to the apartment.

That's adorable.

The police are going to listen to your story and almost certainly declare this a civil matter. Your LL can then attempt to sue you in small claims for these items.

She will have to demonstrate more concretely than "I don't have a work order removing the old appliances" that these items are hers, and it's just as likely the judge orders the appliances returned v. the depreciated value, particularly if you're offering that.

This sounds like LL wants a payday. Ignore her unless you're served for small claims court or contacted by police.


Title: Landlord using mailbox for AirBNB [WI]

Question:
My landlord has just texted me telling me that the AirBNB guest he has staying in the upstairs apartment will be getting mail at my address. This concerns me since my landlord is 1) out of the country 2) this person is only living here temporary for a month 3) I was not asked.

I live in a polish house in Milwaukee which has a lower unit, upper unit and the landlord has a attic unit that he has refinished. He rents out the upper unit as an AirBNB but it does not have an address.

What are the best ways to go about this and do I have any legal rights to have my own mailbox.

Answer: NAL but work for the post office. The Airbnb guest can sign up for General Delivery and their mail will be sent to the local post office and they have to pick it up there.


Title: War with the neighbors

Question:
My mother and step father live at the end of a dead end street. there is one easement that everyone uses as the access road. Her neighbor has a dog that likes to bite. This dog has bitten my moms dog and my step father. The neighbor decided the best course of action was to install two gates on the easement with locks. Is it legal for a property owner to put gates on an easement that other property owners use? Also what can a person legally do to a dog that bites you? Can you defend yourself? What if the bite occured on the neighbors property becuase the gate blocked access to my mothers house?
EDIT This is in Washington state.

Answer:
 If a dog bites you, call animal control and the police. The neighbor needs to keep it contained to her property. You can defend yourself against an aggressive animal, just don't be the instigator. You may also have a lawsuit against the dog owner if there are damages (like vet or medical bills) as a result of the attack.

If there is actually an easement there (not just you calling it one, but a legal easement listed in the public records), then the neighbor cannot block it off. If there is not a legal easement yet, you (and whoever else uses this strip of property) need to consult a real estate lawyer to get this settled ASAP.


Title: My ex's family opens my mail. What can I do?

Question:
I'm going to apologize now for the formatting as i'm on mobile. I used to be engaged to a woman who lives in Florida. I joined the military and me thinking that we're going to be together for a long time I set my original mailing address to her parents place. Forever seemed to be cut short as we went our separate ways in a nasty break up. I completely forgot about them for some time. My mother called me two days ago and sent pictures of some letters sent to me from the government and apparently they've been opened by her family because the words "finance" and what not were on the front and they might have been expecting a check in there or something. My ex's little brother dropped off the letter because we used to be like neighbors(her house was about a 3 minute walk from mine) and i'm not sure what to do. Is this illegal? Do I call the cops? I'm currently in Wyoming so I feel utterly powerless in this situation and I really am certain that this isn't the first time they've opened my mail, just the first time they gave it to my mother. If anyone here has any tips or something please message me as soon as possible.
Topic:
Other Civil Matters

Answer: Yes it's illegal to open other people's mail. It's a federal crime. Change your address now.


Title: [Georgia]Great Uncle emptying out my still living great grandfather's account, due to disagreement with his will

Question:
My great grandfather is still living, and his wish in his will is to split his money up between his three children when he dies. Two of his children are deceased(one being my grandfather), so the will states his money will be split 1/3 to his last surviving child(my Great Uncle), 1/3 to the offspring of the second child (My mother's cousins), and 1/3 to the offspring of the third child(my mother).

My great uncle disagrees with this, thinking as the last surviving child everything should go to him.

My grandmother (the daughter in law of my great grandfather) is the only relative that lives in the same town as my great grandfather, so for many years she has helped buy him groceries, pick up his medicine, and generally take care of him in his old age. Because of this, they share his bank account so she can make purchases on his behalf. Both names are on the checks.

My Great Uncle approached my grandmother a few months ago asking for $40,000 out of the shared account to help cover taxes they owe. He said my great grandfather was fully aware, and that they would treat it as a loan and pay it back. Both my great uncle and his wife are retired, so needing $40,000 for taxes seems questionable to me. I'm also doubtful my great grandfather is fully aware the money is being taken out. Around the same time, my great uncle gifted his grandson(my second cousin) a brand new car - valued near $40,000.

Ultimately, it seems like my great uncle is tired of waiting for his father to die, and wants the money that he believes is owed to him. I don't want to start pitting family members against each other, but I want to be aware of my legal options in order for my great grandfather and my mother not to be taken advantage of.

Because my grandmother shares my great grandfather's account, can anything be done about the removal of the $40,000 that she took out at my great uncle's wish?

Is there some sort of audit that will happen after my great grandfather passes, and the sharing of the will goes into effect? In order to trace the amounts my great uncle has had taken out(through my grandmother)?

Are there steps I can take now to protect my grandfather’s money and his wishes, or can this all be handled when he passes, with my great uncle held accountable for all the money he had removed?

Answer: Is there a clause in the will about how to handle loans made to heirs? My grandmother included one, and she kept a logbook of what had been loaned to whom.  After she passed debts were deducted from their share of the estate.


Title: [MA] Is there any restriction on a store selling a product for any price they wish?

Question:
I would understand fully if so, however I will still say it seems strange that such a case is happening: Usually when products such as TCGs are released, every store sells it always for the MSRP (I understand it's literally defined as recommended) however for a new product Wal-Mart sells it for about double what they're usually selling for. I've never seen this before, and I was just wondering how normal this is.

The fact that it's a Wal-mart as well that have very structured, organized stuff

Answer:
 There can be restrictions on what prices can be set for certain goods under certain circumstances.

This is not one of those times.


Title: Is it legal for a 22 year old male to have a romantic relationship with an 18 year old female who is still in high school? (Canada)

Answer:
 http://www.justice.gc.ca/eng/rp-pr/other-autre/clp/faq.html

As long as it's consensual, you should be grand.


Title: Neighbor hacking my WIFI.

Question: My neighbor has been spying on my internet and releasing the contents of my searches for some time now. What is my legal course of action? He's in a frat so his network is extensive.

Answer:
 Upgrade your access point and secure it.

Use a VPN.

Make sure you don't have a carbon monoxide type issue, because this sounds pretty weird.Answer #2: How are they getting access to your wifi if it's secure? What proof do you have of this actually happening?

This really sounds more like some possible mental health issue


Title: ESA question

Question: I have an ESA (15 lb dog) for my emotional disability. I found an apartment I love but they do mot allow dogs. I understand my ESA is not a service animal, but am I legally entitled to an ESA even in a non-pet apartment? I am located in Evanston, outside Chicago.

Answer: We need some more details. How many units are there, and does the landlord live on site? Do you have a letter from a doctor treating you for your disability?


Title: [NY] No working Restroom at work in a mall

Question: I work in a mall in Western NY and the bathroom in the store I work in needs serious repairs with the plumbing and the company has locked us out of using the bathroom. So this leaves the store with no working restroom and the company has told us to use the mall bathrooms instead. The staff that works there normally would not mind, however we are only ever staffed 2 at a time and the only bathrooms the actual mall has are around a 10 minute walk away, literally the complete opposite end of the mall near the food court. Seriously, the walk is so long that the food court offers delivery to our end of the mall. Is it legal for them to tell us to use these restrooms and not fix the one in the store?

Answer: A bathroom within a 10 minute walk is reasonable by OSHA standards.Answer #2: As long as they don't penalize you for taking half hour bathroom breaks I don't see the problem. Might as well enjoy getting paid for taking a leisurely stroll.


Title: I need some legal advice with my Secret Santa present

Question:
Hi,

I'm from Germany and my Secret Santa match is from the USA.

I'm planning to add some Kinder Surprise to the package,  because I know that they aren't available in the USA.  Now I'm afraid that I could cause trouble to my match when duty finds the eggs.

Is there any risk at putting the receiver into trouble?

What would happen if they find the Kinder Surprise eggs? Do they just throw them away or is there a risk of a fine?

Thank you.

Edit: I didn't think about that some of you might not know what I'm talking about.  [Kinder Überaschungseier]( http://i.imgur.com/6cUnjbq.jpg) are chocolate shells that contain a plastic egg with a little toy inside. It usually comes in pieces to assembly yourself.  They're forbidden in the USA because of a possible choking hazard.

Answer:
 I have been sent several Kinder Surprises from Germany/Austria to my home in the US without any issues whatsoever.

Perhaps I just got lucky.Answer #2: Customs is pretty good at confiscating these. Much more likely at the border than in the mail. There is theoretically a risk of fine etc. but that is rather unlikely. It's happened with people trying to bring them in at the border.

Keep in mind also that given that US food laws ban candies with plastic toys inside, so Americans are unfamiliar with these.


Title: [IA] Girlfriend living with me claimed she pays 600 per month for rent to continue getting health insurance from the state.

Question:
I didn't sign anything at all, what is the likelihood the IRS is going to ask why I didn't claim the $7200 a year I'm supposedly making in rent?

What are the legal ramifications for me if she gets caught? Depending on who they believe, I feel like I could be liable for tax evasion charges, and her for welfare fraud.

Answer:
 Tell her to stop claiming that immediately. I would make her contribute the minimum amount necessary to the rent to continue getting health insurance from the state. Then use that amount for necessaries between the two of you.

You had no knowledge of the previous fraud, so you should be fine, just make sure you can prove she wasn't paying you. But now that you know about it, I'd try to figure out some way for her to "pay rent" in the way I mentioned above.

Also probably ask her to ya know, let you know the next time she tries to commit welfare fraud in a way that could possibly implicate you.


Title: Why is shifting assets to other people in your family when arguing for a short sale considered bank fraud? [NY]

Question: Just wondering.

Answer: Because it's fraud. A short sale means your lenders are agreeing to take a loss because you won't be able to pay your debt. If you have assets you could use to pay the debt, but you're shifting them to family members, that's considered a [fraudulent conveyance](https://en.wikipedia.org/wiki/Fraudulent_conveyance). You're lying to your creditors and breaching your contract.


Title: Not my house, but still my problem?

Question:
So my mother-in-law has been living in and renting a house for like 15 years. But now the landlord is saying he needs to sell it. He says that my mother-in-law can have first dibs on this house, and he'll give her a lower rate on it if she wants to buy it from him.

The problem is, she can't qualify for a loan, her credit is too bad. So, now she's asking my husband and brother-in-law to cosign with her to get this house. (My name wouldn't be on it at all)
My husband is a veteran so he's thinking he can use his VA loan for this, and he think it's a good investment because we will own property.

What are the legal implications of this? Is there something that we haven't thought of that is going to make this arrangement an issue later on? I just need advice.

ETA: we're in California, if that matters.

Answer:
 It would be fraudulent to use the VA loan in this scenario.

One of the requirements to use it is that the home will be your primary residence. If he is buying the house for his mother, that does not meet the requirement.


Title: Charges for things I never watched on bill from my TV provider?

Question:
Looking through my bill from DishLatino, I was shocked to see I was charged for a couple movies and Pay-Per-View events I did not watch. I know for a fact no one in my household has seen them either, because the events are fighting events, which no one in my house watches, and the couple movies are in a language my family doesn't speak. Besides myself, only my two grandparents have access to the tv, and they basically only watch 5 channels.

I spoke to a couple Dish representatives on the phone asking for the charges to be removed with no avail under the pretense that I could be lying.

The charges added up to $130. They managed to remove the movies, but still left the more expensive Pay-Per-View events. What should my next move be?

Answer: I had something like this happen before. Couldn't get out of paying for it but I had them lock the option to order anything that cost extra.


Title: [PA] Underage drinking charge, harassed by officer

Question:
My friend and I were walking back from a party and were stopped by two officers. They took our I.D.s and asked us if we'd been drinking. I said, "Yes, I drank fruit punch." (I didn't specify if it was alcoholic or not). We were both then forced to take a breathalyzer test for suspected underage drinking. (We are both 18). When I asked if I needed to take the test, one of the officers told me "You can take the test, or get arrested and go to fucking jail right now." After testing us, they told my friend, "You're a good friend, but your friend over here is fucked." They then had my friend sign the his citation and asked me to sign mine. When handed my citation, I asked what I was being cited for and what it means if I sign it. The Officer then took it back, said I was refusing to comply, signed it for me, and left. Later that night I had my sober roommate call the department to ask for more information, and talk to the officer for cursing at us. When talking to the officer who cited me, he said to my roommate, "Kid, I don't know who you think you are, but law school is not going to help you. You don't know anything about it. If you dare to call me again or bother the police department about this case, I will give you a misdemeanor."

I'm looking for advice on how I should approach this citation. This was my first police encounter ever, and I want to keep my record clean if possible. They used portable breathalyzers and I know those can't be used as evidence in court for the state of Pennsylvania. And I don't think I admitted guilt to them by saying I drank fruit punch. Though on the ticket they wrote that I said it had vodka in it. Lastly, I did puke on the sidewalk, however the police did not see me puke but did cite me on it. Can I fight this citation at all? Can I get the officer investigated for harassing me and my roommate? Lastly, can I request to see the dashcam footage, so I can know exactly what I said and didn't say to the officers.

Answer:
 >They took our I.D.s and asked us if we'd been drinking. I said, "Yes,

lolAnswer #2: >I know those can't be used as evidence in court for the state of Pennsylvania

Are you sure about that?  Most states the readings are inadmissible for DUI's, but can be used to show the presence of alcohol.Answer #3: Special Snowflake OP -- where exactly was the police harassment?  You were drunk enough to puke, but think you are giving an accurate recitation of the events?  You don't think the cops couldn't smell alcohol on you, see your bloodshot eyes, and hear your slurred words?

And then you had a friend who apparently wants to go to law school call and bother him because your feelings are hurt?


Title: I think my brother is getting charges pressed against him for something he didn't do.

Question:
My younger brother called me last night saying that he's facing a $2,000 fine or six months in jail for sexual harrassment, and I don't know what to tell him. I'll give you the story as accurately as I can, but I **will** be using made-up names. We live in Nebraska, and he's 19 years old.

So, my brother was dating this girl - let's call her Danielle - and they broke up like two or three weeks ago because she had sex with another guy. My brother said that he yelled at her for this, and that he's been ignoring her.

Two days ago, he was spending the day with a different girl - let's call her Christina. In the evening, my brother and her went to her parents' house, which is where she lives, to hang out. My brother said that he passed out on her couch around 10:30 pm. Then, around 11:40 pm, the police received a phone call from Danielle. Danielle was not at Christina's parents' house, yet she told the police that my brother was trying to have sex with her.

I called my mom today, and she said that a police officer showed up at my parents' house that night (around 11:45 pm) looking for my brother. He still lives with my parents.

After spending the night at Christina's parents' place, my brother went home. A police office had been sitting in his car out front, waiting for my brother. The police officer asked my brother some questions and recorded the answers, but he wouldn't discuss anything with my brother. My brother had no idea why he was being asked questions. In fact, it was only after this interrogation that my brother found out, from one of his friends, that Danielle told the police that he was trying having sex with her. Anyway, when the police officer finished interrogating my brother in front of my parents' house, he told my brother that he will be receiving a letter in the mail about a court date or something.

Would someone please help me understand why he's being brought up on charges? Either my brother didn't tell me everything, or there is something seriously fucked up with America. What am I missing here?

And is there anything that he should (or should not) do before finding an attorney (assuming that he will need one)? The only thing I've suggested, so far, is that he should talk to Christina's parents to find out whether they can confirm his alibi. Please let me know if you need any clarifications or any additional info.

***

**Edit**: I just called him and told him not to talk to anyone, or do anything, until talking to an attorney.

Answer: If he is charged with a crime he should talk to an attorney. He shouldn't do anything until that happens, and that includes talking to anybody else. (including the police)


Title: I have written proof my prof discriminated as retaliation for filing a complaint (and that he lied)

Question:
I am in MA. I go to a state university.

I have clear evidence that my professor discriminated in my final grade because I filed a complaint against him and I would like to know how to get this corrected.

Say what you want about whether or not I was stupid but morally I did not feel it was right to say something behind his back that I wouldn’t to his face so I made it clear I was upset with his behavior so I know he has cause to retaliate. I also emailed him about the situation hoping it wouldn’t need to be escalated.

When I asked him for a breakdown of my final grade, he provided me with this:

“Attendance: A-
Participation B+
Conference: B
Manuscript: C (I gave it a B my co-reader gave it a C-).
Portfolio: B- (Quality of proposal, manuscript, layout, etc)

Looking at the calculations, I see that it should be a 'B', so the minus is an error. Thank you for bringing that to my attention, I'll make adjustments accordingly.”

When my friend who got an A- in the class asked for his grade breakdown, he forwarded me the response.

“Here is what I have for you:
Attendance: A-
Participation: A
Conference: B+
Manuscript: A- (A- from me; A- from guest reader)
Portfolio: B+
FINAL: A-“

My friend missed twice as many classes, did not do the extra credit I did, and his manuscript was several thousand words below the requirement, which he explicitly states in his portfolio. It’s not an issue where the professor didn’t know he didn’t meet the requirements and went on trust, he’s just normally a light grader. My friend also didn’t format anything correctly and I followed everything to an exacting degree of precision, honestly, to protect myself because I kind of knew this was coming.

He also never told us that the conference was weighted separately and not just part of our overall participation grade and the syllabus doesn’t include it in the grading breakdown.

I have all that I quoted in writing and I have a copy of where my friend states that his manuscript didn’t meet the requirement in his portfolio, also in writing.

I also have this professor lying to me in writing about the reason I originally complained. He said he told us in class that he changed an assignment but I have an email from him cancelling class. Again, this is all in writing. I have watched this sub enough to know that documentation is everything. He has no credibility and is a known liar among students.

On the note of cancelling classes, he cancelled over half his classes this semester. Not sure if that helps my case but it does show he’s unreliable.

The professor has also made jokes about female anatomy after childbirth which were extremely crass and looking back I wish I had been brave enough to file a complaint then but I was afraid of this very thing. What he said made me uncomfortable as a woman with the parts he was describing doing things to and I feel like talking explicitly about his sex life and bragging like that is at least in a gray area in terms of creating a sexually hostile environment.

He’s also made jokes about shooting up classrooms and asking “who wants to take a bullet for Jesus?”

One of these incidents my friend will attest to but the shooting up comment was made in a smaller setting that my friend wasn’t around for so I get it would end up being my word against his.

I’m going to file a complaint with the head of the department and I’m going to file for grade appeal. But what are my options to show them that I mean business? I want this professor fired. I’m not vengeful but I don’t want someone tarnishing my degree program like this. I’m an English major and people spend enough time telling me it’s useless even though I see it as good prep for grad school because of the intense reading and writing requirements. Professors like him reinforce the stereotype that humanities degrees are worthless.

I don’t plan to sue because not only am I not litigious in nature, but also as long as they correct the grade there were no damages other than emotional distress and I’m already seeing a counselor for other issues so proving that would be difficult, but if a nicely drafted letter implying legal action would help my case, I’m willing to bluff. However I have had a lot of stress related health issues and I’m wearing a holter monitor for a week and I feel like, right or wrong, going in to a meeting with that on and saying it is due to stress, largely from the BS I’ve gone through with this professor all semester, would frighten them a little. The stress caused by him being the underlying cause for my heart condition resurfacing is in my medical records, in writing, too. Would that be a good scare tactic? Or am I just fooling myself?

I also understand this may sound like a silly thing compared to the horrible stories on here but I’m seriously dedicated to making sure I am the last person who ever has to complain about this man. He needs to be stopped because he is hurting the reputation of this program and tarnishing the value of a degree I am, despite popular belief, working very hard for. He also legitimately has impacted my mental and physical health throughout the semester, not just now that I’m going to have to fight the grade, and I have documentation and a black box on me for a week to prove it.
Topic:
School Related Issues

Answer:
 >But what are my options to show them that I mean business?

Other than your school's internal procedures, almost none.  Courts will not get involved in grading disputes.  Grading is inherently subjective unless entirely based on something like multiple choice tests.

>I want this professor fired.

Not likely to happen.

> but if a nicely drafted letter implying legal action would help my case, I’m willing to bluff.

Bluffing in legal matters almost always backfires.  This isn't a poker table.  Once you mention "legal action" people clam up and lose all motivation to work with you.

>However I have had a lot of stress related health issues and I’m wearing a holter monitor for a week and I feel like, right or wrong, going in to a meeting with that on and saying it is due to stress, largely from the BS I’ve gone through with this professor all semester, would frighten them a little.

You're incorrect, and the chances of any kind of emotional distress damages being recoverable in a case like this are next to zero.Answer #2: I don't see anything here that would demonstrate retaliation for a complaint in the way you describe.

If you want to make a complaint go to your department head and bring definitive, clear evidence that your work met the standards for a grade you did not receive.

Threatening a suit or quasi-legal bluster is going to do nothing but encourage the school to cut off all contact with you.

Short version: Drop the martyr/victim routine. Professionally present your case that you merited your grade based on your performance of X, Y, and Z to the school.


Title: Caution for harassment

Question:
Hi,

I’m based in the uk. I sent a few argumentive texts to a friend during an argument and said some nasty things (non violent) she reported me to police and they phoned me and asked me to come into the station. I had never been in trouble before with police so I was worried. I went to the station straight away and had to be interviewed and recorded by 2 police officers.

I admitted that I had sent the texts etc and said it was silly of me as was just in the heat of the moment and didn’t realise it was harassment as the person never told me to leave them alone.

I got issued with a conditional caution which states I’m not allowed to contact the person for 3 months and have to attend a victim awareness course.

As I’ve never been in this situation before I had a few queries:

I never intend to contact this person again but what if I did after the 3 months? Would I still get in trouble ?
What if the person tries to contact me within the 3 months ? Do I just ignore and inform the police ?

Answer:
 You may want to try /r/legaladviceUK if you aren't happy with my answer.

> What if the person tries to contact me within the 3 months ? Do I just ignore and inform the police ?

Yes. You might decide to just ignore if it's just one attempt and easily ignored but if they persist than call the cops

> I never intend to contact this person again but what if I did after the 3 months? Would I still get in trouble ?

Not automatically but if the contact could be viewed as harassment you're unlikely to be given just a caution the second time around.

Never contacting this person again is a good call


Title: Friends licence plate # taken down after shoplifting

Question:
So I was at the supermarket with 3 of my friends with the the 4th waiting outside in the car. I grabbed two energy drinks (around $8 value) and put them into my pockets and me and my friends walked out of the store into the car. As we were driving away we noticed a man take a picture of our license plate. So what's going to happen now? This was my first time shoplifting and I'm very worried. Will we be prosecuted? What should me and my friend who owns the car do?

Edit: I live in Nova Scotia Canada

Answer:
 Dump the car immediately.  Remove and bury the plates.  Burn the car to get rid of any genetic material that may be lingering.  You don't want those CSI fucks finding your DNA, right?  Burn your cell phone too.  Use an accelerant so it burns hotter.  Withdraw all the cash you have and then get off the grid for a few weeks.  Try and change your appearance; get a pair of glasses, maybe grow a beard, shave your head.

If you're lucky, you will be able to hide long enough until you can secure a safe passage to Morocco, where you will likely be able to make a living as a rickshaw driver.

Godspeed. Answer #2: No snark no snark no snark no snark. (sigh)

What'll most likely happen is the police will use the picture to investigate the crime. He'll watch the video from the store, grab a screen capture of you and your friends. He'll pull up the car owner from DMV (or whatever you north people call it), he'll go to that home, figure out which kid owns the car. Arrest him, get him to squeal on his 3 friends, arrest all 3.

Or the store won't care, the police officer will never hear of it, and the police officer will go home and watch old episodes of Scrubs.

The first one is more likely.


Title: What are my legal options for people parking their cars on my yard / in my driveway? [Georgia]

Question: I live right across the street from an elementary school and there is not enough parking for all the teachers, administrators and parents who show up every day.  Because of this people park on the sides of the street.  It's annoying but unavoidable.  The problem is people will actually park their cars on my yard and sometimes even in my driveway.  I've called a towing company before but they said they couldn't remove a vehicle from my property unless I put up Tow Away Zone signs on my house which I don't want to do.  I've spoken to the school about it and they apologize but obviously can't control what parents do.  What recourse, if any do I have?

Answer: Sounds like you need to put up warning signs.


Title: Can I get an eviction on my record if my roommate squats (stays past the lease)?

Question:
Hi, I had posted previously about my awful roommate (thanks for the replies) who is not paying her bills/rent, thus forcing me to cover for her in order to avoid being evicted.

Anyways, our lease is up on January 31st.  I was under the impression that the nightmare would be over, but according to my landlord, if she stays (which I'm sure she will, she has no where to go) and has to get evicted, the eviction will go on my and my other good roommates credit report.  Also, I'm concerned about her destroying the property.  I can pay for the rent if she squats for that month, but I can't afford tens to hundreds of thousands of dollars if she trashes the apartment.  It also seems like it's difficult to charge someone with that.  Like, the police say that you can't prove that the person in question trashed the apartment.

I'm just perplexed as to how this is legal, that I would still be responsible for the lease after the lease is up.  What can I do to prevent this from happening? I've paid 2500 dollars at this point so that we don't get evicted, I'm a good tenant with an excellent credit record, I don't want an eviction on my record because my loser roommate decides to squat and trash the place.  We live in MD FWIW.

Answer:
 Unless you're on separate leases, the eviction action is going to be against everyone named on the lease.

If you're worried about them doing damages after being evicted, it may be more cost effective to do a "cash for keys" arrangement. Offer to help them pay first months rent and to help them move in exchange for leaving on time.


Title: Accessing a subordinate's browser history on a work computer [California]

Question:
[deleted]
Topic:
Computer and Internet

Answer:
 http://www.spectorsoft.com/blog/20140210-is-employee-monitoring-legal.html

A firm talk about why she isn't able to complete her tasks during the work day is in order. A warning in that conversation about potentially needing to monitor off-task time if the problem persists might be effective.


Title: I moved cross-country, and my landlord won't send me my deposit. I no longer live in the state. (CA/IA)

Question:
I recently moved from IA to CA. My old landlord has been dragging his feet about sending me my deposit, and he's now past the 30 days required by Iowa law.

I know the next thing to do would be to sue him in small claims. Unfortunately I'm now in CA, 1800 miles away from IA. Would I have to travel to/hire a lawyer in IA and sue him in an IA court?

Answer: It's very unlikely that a court in CA would have personal jurisdiction over your landlord in IA. So, yes, you would have to sue him in IA.


Title: Fake CPA filed 2015 taxes w/o my knowledge. Suing in small claims, HELP?!

Question: [deleted]

Answer: You still have to file your taxes. I'm not sure how complicated they are what do you mean it will cost you $8,100? A CA cost around $200 a little more if you have a business. You have to file your return and the irs and state tax agency will investigate both returns and issue you the refund. The fake cpa owes you nothing he owes the irs and state tax agency the tax return he fraudulently received. Report this to the Irshad ad state tax agency. Answer #2: Why sue the father who "is about 84, in poor health, and likely doesn't have the capacity to do anything, much less tax returns."  Can you prove that he allowed this?


Title: I'm a single father War veteran about to lose my home

Question:
I was in the hospital most of this year fighting for life after an infection set into a surgery botched by the VA.

I had to hire someone to tend to all of my affairs. My homeowners association never sent out a bill. Even a certified letter their attorney sent out was never received because I was in the hospital. My 325$ annual HOA is now a 3,000 dollar bill. I can't call because their attorney charges me 250 dollars to call her. They keep tacking on money. I'm disabled and do not even have $3000. If I would have received a bill it would have been paid. I cannot pay whats owed to the treasurer because he says she will just bill me more.

I'm having panic attacks and health issues from the stress. I tried to seek legal help but the consult is 250-350 dollars. Now I'm in a worse place because the hurricane made my home unlivable and I have to pay a hurricane deductible.

I can't let my daughter and I go to the streets. I don't know what to do. I could just cry.

Answer:
 First up, a lien WON'T put you out of the house.  IF you sell the house with the lien on it, the HOA gets their money out of the sale.  That's all a lien means.

Definitely contact legal aid, or a Veteran's Service Organization (like the VFW).


Title: 'Friend' borrowed PS4 + Games, then sold it. (TX)

Question:
A friend of mine had been staying with me for a few days, then asked to borrow my PS4 + Games (totaling about $900). I say sure, not thinking much of it, I've known him for a long time. I ask for it back a few days later to find out that he sold it for $400 worth of various items. The person whom he sold it to (under 18) admitted to having it (on audio recording) and knowing that it was stolen. Demanded $250 cash from me to get it back, I told him I would the next day, and now he claims it is stolen. What should I do?
Topic:
Douche

Answer: Contact the police and show them the recording that the buyer is aware he has stolen goods and is demanding payment for them.


Title: Is my surgeon responsible for related expenses in the case of medical malpractice?

Question:
I had an Achilles rupture and a surgical repair. Two months after the surgery, a scab on my heel fell off, revealing a suture that my skin had healed around (it looks like a nail in a tree that grew around it). My surgeon attempted to remove it when I went to the office, but was unable to. He recommended waiting two weeks to see if it "healed over," so it could "work itself out," with the option for surgery if it did not come out on its own. Every physician and doctor I spoke to recommended that I not wait for it to "work itself out," as my Achilles is still in the process of recovery. I asked to have the surgery. This will mean that I need to use a minimum of two sick days, plus I will be not walking for another week to two weeks and will need transportation, etc.

* Is this a case that I should pursue given what's happened, or is it likely to result in a headache that's not worth the effort?
* If yes, is my doctor legally responsible for:
   * my sick days at school?
   * associated transportation (to and from school)?
   * associated transportation (to and from hospital)?
   * plane fees for my wife (she rescheduled her flight to come to surgery)?
   * my 2-3 additional weeks of being unable to walk?
   * any emotional distress?
Topic:
Medicine and Malpractice

Answer:
 Med mal is fact specific, consult an actual attorney, etc.

That being said, any potential case would be predicated on the notion that the surgeon made a serious and negligent error while performing the sutures—this sounds more like a “sometimes the body does unpredictable and inconvenient things that no one can avoid happening in some number of cases.”


Title: "Abandoned" software

Question:
TL;DR: /r/oeCake
Abandoned game, can I clone it and sell it?

My only authority is that I love the game to a fault and did a lot to clean up the oeCake scene. The game is dead, by a thousand needles is how I see it.
Some background: it's a tech demo that takes the form of a physics sandbox. It was among the first to use particles to simulate physics, allowing (for example) solids liquids and gasses to interact in real-time with each other and be controlled by user input.
It was made by a Japanese undergrad class as a project, around this point 2006-9ish version 1.0.1b was released to the public.
The tech demo got them noticed and the programmers behind oeCake had at least some part to play in the more contemporary games Aqua Forest and Phyzios Studio. Apparently this engine also had some part to play in one of the Tekken games.

I have a dream to make OE Cake popular again. Probably not with this exact version. Theoretically speaking, if I were to rewrite this game from scratch, an exacting replica if I could, what would be the consequences? I have a deep understanding of the games programming but no access to the source. If I were to clean-room write this program, would I be able to monetize it?

I've tried to contact the owners of the program and received no response.

Answer:
 Short answer- no.  Without rights to the game you can not distribute it.

You need to find out who holds licensing rights and negotiate with them.Answer #2: >Abandoned game, can I clone it and sell it?

Not without permission from the holders of that intellectual property.


Title: Bar Refuses to Interview My Brother Because He is a Male.

Question: [deleted]

Answer: Generally, you are prohibited from discriminating on a basis of sex, unless the company can show that a persons sex is a bona fide occupational qualification. Is this bar Hooter's? He can speak to an attorney and examine his options, but he should evaluate the possible outcomes, which include possibly working for people who do not want him there.