Title: Getting rid of Spousal Support on the basis of california family code 4323(a)(1) and the spouse having a baby with the boyfriend and living in house recently purchased with the boyfriend

Question:
So I separated about a year ago and my divorce has not concluded yet, initial agreements went on to pay almost $400 in child support and almost $600 in Spousal Support (By-weekly!!). We are talking about $2000 a month combined.

When we first separated I didn't know what was going on, until a week later that I saw her arriving at her sister's house with her sister's brother-in-law and my son. That's when all of a sudden it clicked that she was cheating on me even before we separated. (although this is irrelevant in California court, I know)

Sure enough, she got pregnant from that guy after 3 months of having separated from me and now she has a newborn and the guy has recently bought a house where she lives with my son and her new daughter.

I've been paying this ridiculous amount of money for spousal support which should last 2 years since I was married for 4 years. (keep in mind this arrangement was not decided in trial, but rather in hallway negotiations)

Back then i didn't have an option I guess since she never worked and the dissomaster spit out that that was the amount to be paid given the circumstances.

Now that I know things have changed, i read about California family code 4323(a)(1) and would like to terminate my spousal support payments, the problem I am having is that all this time the attorney that is representing me seems to be afraid to go that route for whatever reason, and gives me the runaround, and seems to be afraid of the opposing attorney (has many more years of experience and brawny points in orange county court)

I am sure this would just be a matter of ordering some kind of discovery or even showing some pictures I was able to get from her own family members that sympathize with me and other social media avenues to just show all this. Even if they look into who is the father of the new child they will be able to prove that there is a romantic relationship and showing that they live together is a given.

More info if it makes a difference:

\-I am a civil engineer making 6 figures and live in orange county

I have always had good character and always kept my record clean since I work for the government.

\-My son is 7 years old (almost 8)

\-My ex-wife never worked during those 4 years married but she is 28 years old and able to work (no disability whatsoever)

\-I currently have my son 30% of the time (and would like to go for 50% after this settles.

Any advice would be appreciated

Answer: I’d sit down with a different lawyer and discuss your options. Answer #2: You have a lawyer.  Either follow your lawyer's advice (and what the hell is a "brawny point?")  or find a new lawyer.


Title: Neighbor scratched my window, do I have a case?

Question:
So I have this neighbor named Dan. Dan does meth. Dan likes to help alot. By help I mean he believes that he knows all the best ways to handle things. He claims he’s a certified master mechanic. He also claims he was a radar tech in the military. As you can see I don’t like Dan very much.
  So the other day I was preparing to remove the tint from my window when Dan comes walking by and asks me what I’m doing, So I tell him. Then he asks if he can help me. I say no thank you, then he insists, and insists. So I say sure just don’t scratch it. He leaves to his apartment Andy I start taking of the tint. It’s easy to removed with a new blade, just start gently scraping at the top and the tint will peel off along with the glue. It was simple. As I was already one window down and had two remaining, since he going to do the fourth one, he finally shows up out of his apartment holding a large grant with two hands and a small stool with his fingertips. He than shows me his homemade scraper that he said he made, than started scraping the tint off starting from the very middle.
   It was very painful to watch as it was unevenly peeling off leaving streaks of glue and tint and making a terrible noise. While he was scraping violently and unevenly he was using excessive force which rocked my car as I was in it finishing the last window.
  After I was done he was still struggling and snapping blades, which were used. I told him to stop and move aside so I can finish it. He seemed to get a bit disappointed because he told me not do the rest for him when he’s about to finish.
  So it was already dark when we had finished. And I didn’t bother to look at his masterpiece he had created. So when morning came while my girlfriend was getting ready for work I went downstairs to clean the inside of the windows. As I was cleaning the three I had done I was very impressed with the results and how clear the window was, without any scratches. Then I looked at his window. There was still glue and some strips of tint left so I got a new blade and started gently passing the blade of the surface of the glass, and I felt at LEAST 20 scratches with the blade. Big and small scratches everywhere.
  So now I can’t tint the window anymore without it bubbling Up because of the scratches and he refuses to replace it. He doesn’t even deny that he did it. He simply said “you ain’t getting anything from me”. He’s also offered to spray paint my spoiler which I let him do which was a big mistake now it looks like a desert floor with crackle paint. As well as “helped” me restore headlights which he halfassed and left the one he did all cloudy. And of course the one I did looked brand new.

So what can I do in this situation? What do I need to have a good case to file a small claim against him? I’m obviously not hiring a lawyer because it’s not worth it. But I know that I can have him pay for any fees or costs that it takes to file all of this. So if anybody would be so kind to read all of this and give me some advice on what I got on my hands I would gladly appreciate and may be able to offer some automotive advice or help in return. I appreciate any help!!!

Answer: Sure, you could sue the tweaker. Tweakers tend to not have much in the way of money or assets though.


Title: You're Miranda rights must be read to you upon your arrest, right

Question: [deleted]

Answer: No. Only if prosecution wants to be able to use what you say in court. They don't need your statements as evidence because they have damning physical evidence.


Title: [Yuma,AZ] my son was arrested for theft

Question:
Hello everyone, my son was arrested last month for stealing from his job. He used to work at a gas station, according to the manager at his job she noticed he didn't pay for some food he was eating during his shifts and decided to call the police and have him arrested. He's being charged with a misdemeanor theft. He's due in court November 21st and I would like to know what the outcome might be for him. The manager doesn't have a set dollar amount value on the things he "stole" but I'm estimating it would be less than 20 dollars would this hold up in court? I'm just worried this might affect him in the long run as this is his first offense no priors or any juvenile convictions, what should he do in court? Plead guilty or not guilty?
Topic:
Criminal Law

Answer:
 Hire a lawyer if you can afford it.

Do not plead guilty.  Ever.  To anything.(1)

Have your attorney talk to the DA, and see if you can get a ticket instead, if he reimburses for everything he ate & writes an apology or something for being an idiot.  Try to keep him from having a record.

(1) Footnote:  There are some circumstances in which your attorney may recommend a guilty plea, and it's a good idea.  These circumstances are rare.


Title: [CO] Made complaints to apartment management about neighbor. They apparently told him who complained, and he has keyed my car and threatened me. Is what management did legal?

Question:
I'm talking to them tomorrow when they are in the office, but I am interested to know what my options/leverage are. Also going to talk to the police afterwards: can I file a report but not have them act on it until I have moved out?

Any help would be appreciated.

Answer:
 I'm not aware of any duty of confidentiality between a tenant and apartment management. It might be bad business practice, but it's not illegal.

Keying your car could be a felony, though, if the damage were extensive enough. Answer #2: Likely not illegal. You really cannot prove it.

You can file a police report for your keyed car.


Title: Probably dumb hypothetical question about prison time if you've been wrongly convicted.

Question:
So totally hypothetical question here. Location is probably irrelevant but assume California I guess.

Say some dude gets sentenced to 25 years in prison for a murder he didn't commit. 15 years go by, and he gets in a bad fight with another prisoner and gets another 5 years added to his sentence. 1 more year goes by and a court rules on an appeal of his original murder case based on new evidence or something and overturns the conviction.

He's now served 16 years in prison, but still has 4 more years remaining on the added sentence for the fight.

When does he get released? Has something like this happened before?

Answer:
 Believe it or not, but location is actually really important. States have different sentencing laws, and sentencing is one of the most complicated parts of criminal law, in my opinion.

The guy would probably end up serving 4 more years, but would be compensated ~$580,000 for the 16 years he served for the murder he didn't commit. Simply put, there's no mechanism (at least in CA) where time served can accrue as some sort of "general" credit that can toll other sentences for other crimes.

From my experience, many defendants end up serving time for crimes that are ultimately reduced or vacated on appeal (often for reasons other than innocence), but they never get the excess time they served credited to their other sentences.

There's also the situation where felonies, which some people served many years for, get subsequently reduced to misdemeanors by law, and the time served for the felonies is never "refunded" or "credited" to subsequent crimes. Answer #2: This happened to a friend of mine in Texas. He was given a life sentence and stabbed a fellow inmate while locked up. After 25 years DNA testing proved his innocence and he was released. The state dropped the charges for the assault because it wouldn't have happened if he wasn't arrested and time served.


Title: Deceased relative's debt and third party debt collector

Question: [deleted]

Answer: Just ignore them and never contact them again.


Title: [NC][Renting]Apartment Flooded, "Fix" is totally unsatisfactory. What are my next steps?

Question:
My apartment flooded from a burst pipe Thursday, 12/3. The complex tried to save the carpet starting that day, through Tuesday 12/8. During this time I slept on the floor of an empty apartment they provided, and then a friend's apartment.

When we walked back in Tuesday, the place was still insanely moist and smells strongly of mildew. The complex had put in glade plugins to cover up the smell. We moved back in since my buddy was only on a business trip.

The current state of things is that I wake up every morning in a wet bed, step on still-kinda-wet carpet, and get the joy of smelling mold throughout all the time in my home.

The complex has verbally agreed to let us move into a vacated apartment of <= value. They've also (verbally) said they'd help with moving costs, if provided with estimates. Our current lease was scheduled to end in March.

They haven't responded to my emails regarding rent reimbursement. I've seen multiple differing sources showing they're not responsible for the lost days, or we don't have to pay for the month, and everything in between.

I've searched other answers around this topic but none seem to be complete for my situation. Any and all help appreciated.

Thanks!

Answer: Here is a great guide written for NC tenants.  It has the remedies that are available to you in this situation:  http://www.ncdoj.gov/getdoc/65f98289-61ec-4d13-b2dc-133bb5c44999/landlord-tenant-booklet.aspx


Title: MSU Student False positive

Question: Hi, I am a 19 yr old MSU student who got an MIP in september. I am currently on the diversion program with two months of random breathalyzer testing and one month unmonitored. I am getting close to the end of it and on a random test last week I blew positive. I havn't drank since september, the only possible reason I can think of (which the testing lady actually brought up) was the night before I ate a glaze on beef that was cooked with alcohol (I didnt know at the time). I blew a .034 then 15minutes later a .024 then using a different device immediately after a .017. I am now going to get a court date in the mail and most likely punished for violating probation when I didn't drink. Does anyone know what I should do/what will happen? Thank you.

Answer:
 A glaze on beef from dinner the night before is not going to make you blow about .01Answer #2: > I havn't drank since september

> I blew a .034 then 15minutes later a .024 then using a different device immediately after a .017.

Ain't no judge gonna believe a college student with an MIP over the probation officer's **two** breathalyzer instruments.

Was your test conducted around the time of MSU's victory over OSU or Iowa? I guarantee you that such timing will not escape the judge's notice.
Answer #3: Uncontrolled diabetes mellitus can produce a false positive.


Title: Roommate taking me to claims court.

Question: So I told my roommates at the beginning of this month that I would be moving out at the end of the month. I am breaking the lease by doing this. One of my former roommates is taking my room and then posted an ad for someone to take his place. They didn’t find anyone and asked me to pay next month’s rent. I said no, that I already gave them notice and it’s not my fault they didn’t find anyone. One of the roommates is now saying that they’re going to get a lawyer and take me to claims court for not agreeing to pay next months rent. What should I do?

Answer: You should be prepared to pay what you owe to complete the term of the lease. You can't simply give a notice, and expect that you're no longer financially responsible. You absolutely owe the remainder. It's not their job to find your replacement.Answer #2: If you signed a contract (lease) that says you'll pay for 12 months, then you're on the hook for 12 months.  You can't just give notice and expect to be let out of your contract.Answer #3: Pay what you owe for breaking the lease. It is your fault.


Title: (GA)Taken to small claims over stained bedsheets

Question: So, I recently moved into a new town and was looking for a place to stay since the apartment I originally planned to move to didn't work out. A friend of a friend offered their guest room for a while as a favor, and I was there about a week and a half. However, I tripped on a cable and dropped a glass of Coke on the bed, and upon mopping up what I could and telling the owner she told me the sheets were $300 Neiman Marcus and she wanted me out and to be repaid to replace them. I thought that was sudden but reasonable and after I left I texted her that I would get her the money as soon as I had a little free here and there, as I'm not very rich and don't have that free to just pay all at once. However, it's been about a week and she's just contacted me that she wants it within another week for other guests coming soon and if I can't get it she'll file a civil suit for it. She is a lawyer so I'm not sure how well that could work for her, especially as I do have enough money in my account- I just need it for rent and bills. Can I tell her to pound sand until I get enough free?

Answer:
 You owe her the value of a *used* set of Neiman Marcus sheets. I'm guessing that would be closer to $30 than $300, and that's being generous.Answer #2: I would negotiate a lower price for them.  Filing fees in Georgia are about $50.  Then maybe $25 to serve you.  So $75.  I don't think a judge would make you pay $300.  Even if the judge said $50 that would be a total of $150, plus your time.

Also, it's bullshit that she needs the money in time for new guests.  She's a fucking lawyer, she can buy new sheets any time she wants.  Receiving compensation from you is an entirely separate matter.

I'd take my chance in court on this one for a more reasonable settlement.

If I were in your shoes, I'd offer her $150, along with a reasonable payment plan that you can manage, such as $50 per month for three months.  That should be more than enough to either clean the sheets or buy her a replacement.

I think such an offer would make you look very good in the eyes of a judge.  Save all your communications, as that will be your primary evidence in court.

I'm not a lawyer.


Title: High heels got stuck in a hotel escalator, and a heel got ground. Nobody was helping, monitoring and now the hotel is saying they are not responsible.

Question: [deleted]

Answer:
 Don't escalators have signs on them warning about wearing improper footwear while riding?  Answer #2: > I am sure they know that I wouldn't sue them over a $695 worth pair of shoes.

> Is there anything I can do about this issue?

Yes... you can sue them in small claims court.


Title: My brother really messed up

Question: Ok, so, my brother was planning on getting married in July and he now realizes and he is not ready so he decides with his girlfriend that they want to reschedule the wedding. However, back in January, they signed a contract and put up 20,000 dollars. When he called the place that is doing the wedding and asked if it could be rescheduled for next year, they told him no and that he would have to do it in July or lose 20,000 dollars. I immediately called a lawyer and my brother a free consolation with an attorney to go over the contract. I have no idea what is in the contract, but do you think there is anyway he might be able to get his money back? I know this is going to cost him in legal fees but right now he is screwed.

Answer: Without looking at the contract, there is no way to know for sure. One practical solution if the attorney determines they're stuck, though- they can try to sell the wedding to another couple that wants that venue on that date.


Title: Good fences make better neighbors (Michigan)

Question:
The property that boarders the back of my home has a zoning variance to be a parking lot. In the recent wind storm the fence that separates me from the parking lot was blown over with a great huff and puff.

The City has informed the owner that because of the zoning variance it is his responsibility to replace the fence to remain in compliance with zoning. The property owner has been less the cooperative in moving to replace or even make plans to replace the fence. Maintenance of the fence has been an on going battle between me, the property owner and the City. Now that this is no longer a maintenance but a case of replacement.

This leaves all of my summer BBQ parties open to the world of this dudes parking lot and is a real security risk to things I have in my yard. I've done my best to temporary secure my property with some TRUMP brand snow fence. I've asked the City to require the owner to replace the fence with a wall as required by the current Building Code.

I'm unsure what my legal course of action is to resolve this issue. Can I replace the fence myself and file a lawsuit for recovery of fund?  Should I file a lawsuit to get a Judge to compel him to comply? It is my understanding that the City is already in litigation with the owner over other zoning and code violations. Is there a way I can be part of that action?

Any advice would be appreciated.

Answer: If this is a food operation, setup a free BBQ giveaway table during his peak time, where the fence used to be.     Hopefully he will see the value of the fence very quickly!


Title: I dunno what to but here sorry

Question: (Sorry im on phone) Well... Me and my husband live in california right now to start. Very high bills and such amd we are supposed to be paid a set amount sense we are married and live off base sense they dont have space for me and him. Unfortunally they have decided to mess up so much that we will probably lose the apartment and i will be forced to live on the streets while he lives in the barracks on base, this has been going on for four months now and they owe us almost 8000 dollers in back pay. Honestly i dont know where to start with this stuff but i heard you cant get them in trouble sense you in turn will get in legal trouble.

Answer:
 Who told you this:

> Unfortunally they have decided to mess up so much that we will probably lose the apartment and i will be forced to live on the streets while he lives in the barracks on base

Him violating the UCMJ doesn't mean that they will stop paying someone with a dependent BAH. If you're owed back pay and the command will not address the matter in a timely manner, file a constituent inquiry with one of your Senators (Harris or Feinstein). You can only file with one Senator and they will contact the command on your behalf.

I'm concerned because when you make statements like "he's been bugging the people in charge of his pay this entire time" that tends to mean an E-4 is complaining to another E-4 or E-5 and is stopping there. That isn't enough when there is a pay discrepancy that's lasted 4 months.

Do you have a dependent ID? Are you registered as a dependent on DEERS? If he's in the Marines or Navy, he ought to consider filing a special request for mast to speak directly to his CO. He needs actual officers involved at this point.


Title: Auto body shop threatening lien even after receiving payment through my insurance

Question:
I crashed my car, took it to an auto repair shop and went through insurance.

I picked up my car after it was fixed and gave the shop a check paying for the repairs in full from my insurance company. (The check was made out to myself and the autoshop and I endorsed the check over to them)

A week ago the shop called me and told me the check had been rejected by their bank supposedly because it was made out to two parties and I wasn't there at the time they deposited it. So I called my insurance asking them to cancel the initial check and make a new one out to just the autoshop but they told me that on their account it shows that the check had already been cashed.

The shop is adamant that they never was able to cash the check and is now demanding I pay the amount in full. They are saying they will put a lien on my car on Monday and I will have to pay for their registration and legal fees.

I have called my insurance and they are investigating to see if the check was indeed cashed and where it went but it sounds like they won't be able to get back to me for a while.

How should I proceed for now?

Answer:
 IANAL, but I smell a scam.  Let your insurance investigate whether or not the check was cashed and/or deposited properly.  It's their account, they have a vested interest in knowing who ended up with that money, if anyone.

You provided a payment to the shop which they accepted.  If you're served with regards to a mechanic's lien or similar, you need to respond.  Otherwise, wait for your insurance company to sort it out.


Title: Denied unemployment after appeal hearing. Should i get a lawyer?

Question:
Michigan-I had a unemployment appeal hearing. My old employer said I had quit. After the hearing I got a letter for the decision. The letter states that I did not quit but since i went to a doctors appointment that could have been rescheduled I still disqualified. I'm very confused and have been fighting this for 12 weeks is it time to try and get a lawyer?
Topic:
Labor Law

Answer: Maybe. A single unauthorized absence will generally not rise to the level of misconduct. Had you been directly told to reschedule this appointment and you didn't?  Had you had prior attendance issues?


Title: can I be trespassed by someone who does not own or live at the property? (closed down restaurant)

Question:
hello all. this is a small ordeal but I need advice. I live directly next door to a pizza restaurant that has closed down and is no longer in operation. on the opposite side of them is a circle k gas station. I have lived here 17 years and have always cut through my back yard (1 acre) through the fence through the back of their property (1acre). which is a forest heavily wooded. this has never been a problem until today when the circle k employees and 2 subway employees from inside the store confronted me in a group threatening to call the police and have me trespassed from the shut down restaurant.

mind you I have been doing this even when the place was fully operational for years. the owners never seemed to have a problem with it or never mentioned it to me at east. well the people who ran the restaurant are gone now. and I have these trashy gas station employees threatening me. so basically what I am asking is can they even do anything. doesn't the owner have to be consulted for me to be trespassed? I have lived here so long and have always taken this short cut to avoid a busy highway. so what im asking is do these gas station subway workers have a leg to stand on?

I mean im not loitering or anything just passing by for like 45 seconds through property I do not own. and have never been told not to before. there are no trespassing signs, fences or gates. I go to this store almost every day.

forgive me but I do not know much about law at all. so I appreciate any advice.

Answer:
 They don't have the authority to tell you whether you can be on the property, but they can definitely call the police on you.

Fences usually imply that you don't have permission to be somewhere, especially when the place is closed. So, strictly speaking, the police would probably have enough probable cause to arrest you, if they wanted to. I think it's unlikely, but you're exposing yourself to that possibility.

The best, legal option is to stop cutting through the property. Be aware of the risks you're taking.


Title: [SC] Is my school violating the Fourth Amendment?

Question:
I am a student at a public high school in South Carolina. A few months ago there was a student that brought a loaded magazine clip to school in their book bag and the next day that week there was an unloaded gun found in someone’s truck parked outside. The school is a building that opened in 1970 and it’s terribly designed. We’re talking about 60+ outside entrences and roughly 20 permanent mobile classrooms outside. The administration is now going to require all students to walk through metal detectors and all of their bags will be searched. This not practical because students come and go all throughout the day, not to mention that unless a student is going to a class on the same hallway they have to walk outside. Most of the restrooms and stairs to get to the second floor are outside as well. We have approximately 1,800 students. I know the administration have the right/obligation to maintain the security of the building, however I also know that students still have a right to privacy and maintain their Fourth Amendment rights while at school.*New Jersey v. T.L.O.* I believe the administration has no right to take these specific actions because they do not have the reasonable suspicion to search my person or belongings. After asking my government teacher she disagrees saying that because it’s not me specifically and it’s ‘blanketed’ across the entire student body that it is, in fact, reasonable. This is going to start tomorrow. Do I have the legal right to refuse to consent to a search on the basis it is a violation of the Fourth Amendment as defined in *New Jersey v. T.L.O.*? I am going into work now and will not be able to respond to any questions until tonight, apologies.
Topic:
Searches and Seizures

Answer:
 There are thousands of public schools with metal detectors and searches nationwide.  This is not a 4th amendment violation.Answer #2: It would be a greater problem is they just showed up one day and started searching bags. If the new entrance policy is all bags are subject to search, you aren't even close to a 4th Amendment issue. Answer #3: Unfortunately this isn't a rights violation. Metal detectors and bag searches have been found to be reasonable at schools.

You can try contacting civil rights organizations like FIRE or the ACLU for a second opinion.

Your post is well written, well argued and I'm impressed with your ability to clearly state your question, provide the right level of detail and inquire about an issue you're passionate about.

These kind of "safety" initiatives tend not to work, sweep up students engaged in victimless crimes and hurt a school's atmosphere. Your best bet to fight this is through talking to the school board and either joining or forming a group that fights back against these steps.

As the other responses to this thread make clear winning will be difficult.Answer #4: > Do I have the legal right to refuse to consent to a search on the basis it is a violation of the Fourth Amendment as defined in New Jersey v. T.L.O.?

Nope.Answer #5: there have been dozens of school shootings in 2018 alone and your school found TWO GUNS in student bags? if you’re worried about privacy stop packing contraband in your school bag. your fellow students have more of a right to safety than you do privacy in this instance.


Title: My wallet was stolen. It had my debit card, license and possible my social.

Question: As the title says. I noticed this morning that my wallet was completely gone. I checked my transactions for my bank and noticed a lot of purchases coming out. I reported my card stolen, but I have no clue what to do next. I know my driver's license was in there, and possibly my social security number. Although I am not 100 percent sure. I would appreciate any help. I just a dumb young college student who has fucked up immensely.

Answer: You need to alert your bank to any fraudulent transactions. Look into credit monitoring since your social has been compromised. Replace your driver's license at the DMV.


Title: We just found out a prostitute is operating out of our (otherwise nice) apt building. Are there any legal ramifications of outing her to our neighbors?

Question:
Location: PA

Edit. I'm not looking for your moral advice. I'm looking for your /r/legaladvice.

So my wife, small child and I live in a fairly decent apartment building in a fairly nice town.

I work full-time, but from home, so I have a fairly solid grasp of what is going on in my neighborhood. Over the course of the last two months, I've heard and noticed plenty of foot traffic going into my across-the-hall neighbor, who is a female that lives alone.

This is like clockwork. A single guy pulls into the parking lot, parks at one of the unreserveds, walks to her apt (she buzzs him in) and, don't you know, leaves an hour later.

This goes on several times per day, a few days per week.

I've already gone to the police, who seem interested. They said it could be a month's or two time as the case builds. They mentioned the local backpage and sure enough, there she is.

Meanwhile, I have a small kid across the hall, with johns turnstiling through the hooker 10' away.

**My question is this.** Are there any legal ramifications in outing her actions to my neighbors and building manager? I assume it wouldn't be slander (libel?) if I wrote down only the absolute facts and left out any direct accusations of prostitution. For the sake of anonymity, I planned on using the mail. Perhaps a bit of mgt and neighborly pressure to 1. stop or 2. move would help.

Answer:
 You sound like a nosy, horrible neighbor.  You have brought your assumptions of illegal conduct to the police.  Let them handle it from here.Answer #2: I doubt she's going to sue you if she actually is a prostitute.  But I also don't see how it turns out well for you in any possible way.  You've already alerted the police, alerting the neighbors is just being a lurid gossip.  If anything, letting her know anonymously that the cops are on her trail would likely encourage her to move her business activities elsewhere without riling up your neighbors over something they can't really do anything about.Answer #3: This sub is ridiculous. Weekend crowd in full force.

Go through your lease line by line to get a basis for your complaint to management. There should be information about reserved parking, guest policy, and illegal conduct.

Using that information you may approach your management office with a security based complaint: frequent guests, backpage ad. Contrary to the rest of the thread, running a prostitution business out of the apartment *is illegal in PA* and may increase property crime and devalue the place.

It's not illegal to bring facts forward to the management company or neighbors at all.

However, if she's just hooking up with a bunch of dudes and not charging, you don't really have a criminal complaint.


Title: My central air unit went out 17 days ago. Can I get out of my lease?

Question:
I live in a home managed by a property manager (not the owners.)  My central air unit went out 17 days ago as of today, and I live in muggy Arkansas. I complained to them a few days ago about how it still isn't fixed (basically threatened I was moving) and they brought 2 window units. Basically the unit needs to be replaced and owner won't fork over the cash, he wants home warranty to repair it. Saying repairs require code violations to be fixed first and it's going to be a while. Regardless I have children who are hot and uncomfortable. With them providing window units does that save them from me opting out of my lease because of a lack of commitment to repairs on their part?

Thank you!
Topic:
Real Estate law

Answer:
 You live in quite possibly the least tenant friendly state in the union.

Is air in your lease?  Landlords do not need to make repairs in Arkansas.

>When you rent a house or apartment, you usually agree to take it “as is.” This means that the landlord is not required to provide additional maintenance to the dwelling.
>If your landlord promises to make repairs, make sure that promise is in the written lease.

[Source](https://arkansasag.gov/consumer-protection/home/column-one/what-you-should-know-about-landlord-and-tenant-rights/)

>


Title: Wife recently found out she is severely allergic to cats. What's the best way to break our apartment lease without buying it out?

Question:
We've been living in a building in a multi-building complex for two years, and we just started a new year lease in August. They are all pet friendly. She hadn't been feeling well, which led her to going to an allergist. We found out she's level four (out of four) allergic to cat dander, some mold, and some trees. Our building has cats (as I'm sure all the buildings do) and our air ducts are all connected in our building. So even though we don't have a cat, she's being exposed to cat dander every day.

There is a clause in our lease that we can break it with 60 day notice and two months worth of rent, plus paying rent through those 60 days. There is no clause about health being a reason for an exemption. Is there a way to get out of our lease without doing this buy out and 60 day notice option? We have been good tenants and wouldn't be breaking our lease if it wasn't strongly advised by her doctor.

Edit: location is Illinois

Answer:
 Maybe. You can ask. There's a reason you're asked to provide location./Answer #2: Your location matters.  I will assume you are somewhere in the USA.

> Is there a way to get out of our lease without doing this buy out and 60 day notice option?

The only legal option I see is to negotiate with your landlord.  If your landlord is unwilling to negotiate then you are bound by the terms of your lease, health issues or not.Answer #3: It would probably be less expensive to get the allergy shots than break your lease.


Title: AZ: car through living room. Tenants not satisfied with landlords service.

Question:
Girlfriends grandparents live in townhomes. A neighbor was working on his car and something went wrong which caused the vehicle to plow through grandparents home. Management did not want to pay for outside housing (hotel), they deemed the place still livable. They sheathed the main damage with plywood. But there is still large gaps .They are in no hurry to repair it, they were quoted that they wouldnt start repairs until a month.

Management gave them 30 days for them to evict themselves if they werent satisfied with the way things are being handled. Which the grandparents are unhappy about how theres no sense of priority and lack of  service.

Is the landlord doing something wrong?

Answer: Sounds like a breach of the warranty of habitability. I would peruse [this guide](https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf) and then contact [Community Legal Services](http://www.clsaz.org/housing.html).


Title: (CA) A teen (16) put a video on facebook and ended up embarrassing themselves. I created a Twitter parody account to make some jokes. PI and Police might be investigating. WWJD?

Question: [deleted]

Answer: Sigh. The idiots are up early today.


Title: FL- Hostile roommate masturbating in common areas, I feel threatened and want to know if I have any recourse.

Question:
My roommate and I have had a tense relationship pretty much since the start. A lot of drama has gone down in the last few months and things came to a head when I confronted him about his porn habits. He has an entire gaming set up that he sometimes watches porn on. He will only watch it on full volume and isn’t quiet about his habits. It has made me so extremely uncomfortable. After he blew up at me, he sent me a text telling me that he’s lived there for years and he’ll do what he wants.

Since then, he has taken things to a whole other level of fucking disgusting. I have come home *3 times* in the last week to him in our living room playing porn and masturbating. He does not stop when I ask him to, and will continue until climax. I know this is an act of aggression because he makes overly exaggerated noises to upset me when I lock myself in my room. I threatened to call the police for sexual harassment but he said that it’s not illegal in his own home? I haven’t been able to find much on the subject myself.

We are both on a 12 month lease together and are only 5 months into it. Things have been so hostile between us that it’s just not a good situation, and he’s escalating in a way that scares me. As a woman, I do not feel safe anymore and I’m included to believe that my landlord would be responsible for resolving this? My lease obviously doesn’t outline masturbation policies. The issue is that the landlord is his good friend and he’s been the only consistent tenant in the house for years. I can’t afford to break my lease. I just literally can’t. The landlord has all but ignored me, basically telling me that I need to work it out with him or pay up my lease and move. Do I have any recourse here? What can I do about my roommate? Is it seriously legal for someone to masturbate in front of someone without their consent????
Topic:
Other Civil Matters

Answer:
 What he's doing is sexual harassment.

RAINN (https://www.rainn.org/) 800.656.4673 has trained volunteers that can advise you on issues like this.

This non-profit site has some tips for Florida residents in a similar situation:

https://www.floridalawhelp.org/node/283/know-your-rights-sexual-harassment-and-housing

It appears that the Fair Housing Act may also apply to a tenant sexually harassing another tenant, and your landlord may have some duty to resolve the issue.

>If you are a victim of sexual harassment, some of your options include:

>* Having legal aid contact the landlord to make the harassment stop.
>* Having a fair housing agency investigate the harassment.
>* Filing a complaint with government agencies.
>* Suing the harasser in court.

>How do I file a complaint against my housing provider or landlord?
>
>To file a complaint against your housing provider call the Department of Housing and Urban Development at: 1-800-669-9777

"Some courts have held owners and managers, including condominium associations, liable in situations where they knew of tenant-on-tenant harassment and did not take remedial action." [source](https://www.hud.gov/sites/documents/QANDASEXUALHARASSMENT.PDF).

In some states, victims of sexual harassment can break the lease without penalty.Answer #2: Can you get a restraining order against him? If so, HE will have to move. Or, I believe you can break your lease if you feel unsafe. Check the laws in your area. Good luck!


Title: ~3 years ago, my Mother and I were in a very hefty lawsuit over some medicine. I was born with a birth defect because of it, we tried to claim but at the last minute we were denied because she didn't have full custody of me. Can we still pursue now I am an independent adult?

Question:
If a lawyer would like to console me with bad or good news after some specifics that would be greatly appreciated. I can name the medicine, the pharmaceutical company that provided it (hell, it was big news so maybe someone knows the one I'm talking about.) and I'm very sure my Mother has every record necessary to pursue this again. At the time, the payouts were in the $3 million+ range, so this is something that I would like to have a professional answer about seeking a final conclusion. I don't fear hearing "No chances." Weve already heard no, but on a circumstantial situation. We just both feel like we were robbed of some justice. She now has thyroid cancer because of the treatment, and we were rudely barred for little logical reasoning.

Area: Louisville KY

Answer:
 Unlikely, but I have no idea what you mean by "we tried to claim."  If that means you had a lawsuit and lost, then you're probably SOL.

You should speak to an attorney.Answer #2: Your question is going to be too fact specific for us. You can consult with a local medical malpractice attorney. Consults are generally free


Title: From spotless to 3 Misdemeanors

Question: [deleted]

Answer: If you can afford an attorney you likely don't qualify for a PD. So hire an attorney


Title: Can this parking sign be enforced?

Question:
Hey /r/legaladvice. There is a [sign at my local grocery store] (http://i.imgur.com/kzOxJCX.png) That says "Super Hero Parking Only". I've heard that only "Handicapped" and "No Parking" signs are enforced by law. And signs that say "New Mother" or "Expecting" or even possibly "Super Hero Parking Only" can't be enforced by law. I assume anyone can park in that spot without getting fined because it is not a law for who can park in that spot.
Is that true?
 I'm not saying I would park in one of those spots ^(seems kind of a dickish thing to do in my opinion) I would just like to know if these signs have any power behind them.

Location is Minnesota in case that is important
Topic:
Traffic and Parking

Answer: Anecdotal evidence, I know, but there's one in my neighborhood that says "Frog parking only, all others will be toad" but I've never been toad for parking there.


Title: Buying house and seller is trying to back out of contract ( AZ)

Question:
I'm in contract to buy a house have all paperwork signed except for the final forms for title to be signed over. I'm one week from moving into said home and seller states that "unforseen family matter came up" and wants to back out of deal. As much as I emphasize with the situation if I were to agree to backing out it would cost me a lot of burden on my life as is, does the seller have any sort of recourse here?
My realtor advised to send a 'cure' and an attorney document requesting seller to stand by contact or we will seek legal consultation and gives them 3 days to respond.

I am a first time home buyer and have already restructured my life to this specific area and family as well as current living situation and I would need to get a hotel if the deal doesn't close.

Not only am I losing out ( hypothetically) mentally but financially as I have a great loan rate and that can definitely change when I find a new home and that means thousands. Seller wants to buy me out of contract, is that reasonable or should I continue to strong arm and push legal if needed? This is what a contract is for right after all?

Answer:
 NAL. I am an owner of a real estate brokerage in another state. Buy/sell contracts are generally very difficult to back out of for the seller. They are very heavily sided towards the buyer and the buyers rights. I can't imagine your contact, which is most likely pretty boilerplate, allowing for the seller to back out for personal reasons.

#1. Tell your real estate agent you want to proceed with closing and if the seller refuses you want to sue for failure to perform/breach of contract.

#2. Contact a real estate lawyer immediately. Your agent should assist you here, personally I would use the same lawyer your agents brokerage uses. If your agents brokerage doesn't have a lawyer on retainer, you have a crappy brokerage but there isn't much to do about it now.

#3. Do not be pressured into backing down, if your agent tells you to just let it go, he isn't serving your best interest and it's an ethics violation to the state board.

#4. Your lawyer should help with this, but send a letter stating you will sue for failure to perform/breach of contract and you will be asking for legal fees, plus damages as well (hotel stay, storage, etc.)

Good luck, it's a messy fight but the law is on your side.


Title: TX - Falsely accused of molesting my own child

Question: [deleted]

Answer:
  Edit for TLDR: crazy old guy accused OP of molesting daughter in bathroom at movie theater. Accusation was nonsensical and unfounded. Nothing came of it.

Was there a legal question in this essay? It doesn't even sound like this left the theater...? You can't make people not crazy. If you complain to AMC that your day was ruined they'll prolly give you some free tickets.


Title: Do I qualify for workers comp?

Question: I was eating at my desk and swallowed a piece of my fork that had broken off in a meat ball. Do I have a case?

Answer: Are you a meatball or plastic fork tester for a living?


Title: I'm only 15

Question:
[removed]
Topic:
Troll Post

Answer: Yes, just because you are looking for people your own age does not change the fact that it is still illegal.


Title: (TX) Do I have to tell my employer what I need to take PTO for?

Question: I’m going to have my Fallopian tubes removed by my gynecologist in the upcoming weeks. I should only need to take a couple days off depending on when the surgery lands during the week. Am I obligated to tell my employer what I need those days off for?

Answer:
 NoAnswer #2: Unless your contract says otherwise, no.

If they get pushy, just say you're taking a vacation or some other thing you think will fit. Or helping family with something. Or whatever.Answer #3: No.  The whole point of having PTO rather than separate vacation and sick leave is so that employees don't feel the need to lie about being sick to get their days off.  PTO is supposed to be for whatever you need it to be for, including if you just don't want to go to work that day.

If they ask, and you don't feel comfortable telling them no, then you can just say it's medical.  If they still keep pushing,  then consider bringing in HR, because your manager would be treading on some potential minefields for the business.Answer #4: If you use fmla you will be required to disclose but  that information would stay between you and HR


Title: I am 16 years old and I am being blackmailed by my ex-girlfriend.

Question:
Hello,
Like I said I am a 16 year old boy and I am being blackmailed by my ex. We broke up over last September after I found out she was cheating on me. I got over it and I moved on, I assumed had also moved on because she has a new boyfriend. Yesterday evening she sent me a message on the messaging app kik. In the message was a screenshot of a conversation we had nearly two years ago. The conversation went like this, I apologize for the cringe.

Her: so you like the pics I send you? ;)
Me: OF COURSE "eye heart emojiis"
Her: do you keep them afterwards? for later? ;)
Me: you know it babe ;)

Sorry for that. Anyway along with the message was her saying that unless I give her 500$ she will send this to my mother and my boss at work. Now I work at as a file clerk at a law firm and I am certain that this would cause me to loose my job. My mother is a very christian woman and I would be grounded for life basically. I am mostly worried about if this somehow got to the police. I no longer have the pictures, as I deleted them soon after the breakup. I want to be a lawyer when I am older and this would prevent me from doing that if I got a charge for having under aged pictures. I realize that I was dumb keeping them but what can I do about this?

I live in Alberta, Canada

Answer:
 I don't even see anything really incriminating in that exchange. As far as anyone is concerned, you were saving pictures of the cake she baked for later. Or a non-nude bikini shot. It wouldn't hold up without the actual photos too; and I doubt she really wants to provide those (especially if it means a CP production and dissemination charge for her).

Of course, evidence doesn't need to be legally admissible to get you grounded or fired. But I doubt your boss will care at all.


Title: How to get access to CCTV footage of an incident at a private business (Gas Station)?

Question:
I was involved in an incident at a local gas station, I don't think any crimes were technically committed but the employee tried to start an altercation, threatened violence, and blocked vehicles from leaving during a tantrum.

&#x200B;

I'm simply looking to get my hands on the CCTV footage so it can get sent to corporate, don't know if I have to inquire personally or if the police can help; but I know most of those systems run on a 48hr cycle and the weekend is here; so by Monday it may be deleted.

&#x200B;

Any ideas?
Topic:
Other Civil Matters

Answer: Short of a warrant/subpoena, you have to ask them. They have no obligation to provide it to you.


Title: [Maine] Where do I vote?

Question:
Hey folks this might be an easy-ish question. I am going through a divorce right now and temporarily out of my marital home (ex has about 60 days to move out of the house then I will be moving back in) and kinda transient. While I rented an apartment in municipality near where my home is I rarely use it and its mostly just an over-sized storage unit and I spent the majority of my time crashing with other friends and family that live in the city my house is located.

Is it legal for me to vote in my hometown or since I have lease that is outside the city lines I need to vote in their town office? All my legal documents point to my marital home and I still have all my mail sent to that address with the exception of documents from my lawyer going to a PO box in the city the house is in.

 I've looked over the Maine government site and haven't gotten very far in finding the answer and I really didn't want to run up my legal tab with my divorce lawyer with a relatively minor question.

Answer:
 http://www.maine.gov/sos/cec/elec/voter-info/resident.html

http://www.maine.gov/sos/cec/elec/voter-info/voterguide.html

>Who can register and vote in Maine?

>To register, you must be a United States citizen, at least 17 years of age, and have established a fixed principal home in Maine.

>To vote in a Referendum or General Election, you must be registered in the community where you reside, and be at least 18 years of age.

Go to the Town Hall of the town you are registered in and ask them how to handle your situation.


Title: My Dad has just died and I need advice about getting a foreclosure halted.

Question:
Hey everyone, the house is located in San Diego county in the city of Oceanside.

Story: My Grandma left a trust with two properties which all went to my Dad, he has just suddenly passed away and I am the now the sole trustee for the trust. I was doing some research only to find out that the home we have in Oceanside is in Foreclosure as of March. I'm trying to get the best plan of action to halt the foreclosure and buy me some time to get the other house in Los Angeles county sold, so can I completely pay off the Oceanside house and have it to keep or rent.

My problem: What the hell do I do? I found out who the lender is and such by purchasing a full report on the home - so that's good. Now I'm trying to figure out how to let them know my Dad has died, I'm taking everything over and they need to stop the foreclosure as everything is getting transfered to me.

Can anyone help me out here with some advice?!?!

Answer:
 You want a lawyer specializing in foreclosure \- it may be possible to delay the proceedings. Were there any funds in the trust, or just the two houses?

However, note that just because your father passed doesn't mean the lender can't foreclose. If I were you, if at all possible I would contact the lender and found out what it would cost to bring the house current on the mortgage.

\(I'm assuming this is a bank foreclosure, not for taxes or something like that\).Answer #2: There are foreclosure prevention services provided by HUD (U.S. Department of Housing and Urban Development).  Many, although not all, are provided for free. I recommend looking for HUD-certified foreclosure advisers in your area. I would give them a phone call to see if they could help in these circumstances. Answer #3: There are new regulations that recently went into effect regarding successors in interest (it sounds like you may qualify for that designation, as the trustee) which will make it possible for you to talk to the bank even though you aren't on the loan.

I'd suggest that you either locate a HUD housing counselor to get the ball rolling, OR get an attorney who specializes in foreclosure.


Title: Father passed away

Question:
Hello. My father passed away a couple of months ago. He didn't leave much in the way of assets, but he did have a 401k with a little over $52k in it.

My siblings and I weren't close with him, he wasn't a nice guy. My mother wants no part of anything to do with him.

So, I met with a local estate lawyer who was willing to handle everything, but he wanted a $3000 payment up front that would cover all costs associated. He said that if we were to put it on a credit card, we could get money out of the estate that he would be opening in order to pay it off before the next payment is due. My siblings and I, being young, don't have access to that amount of capital up front, and with my mother not wanting to get involved, I don't know what to do.

So here are my questions:
1. Does this seem to be a fair rate for setting up an estate and handling all of the probate stuff
2. Are there any services that you're aware of that could pay the money up front for a fee, that we could pay back quickly from the estate
3. Is this something I could handle myself
4. Am I running out of time to do this

One of my siblings and I are adults, just young and in school. We don't want to miss out on this money, the only good thing our dad has ever really done for us as far as we are concerned. He listed no beneficiaries on his 401k and had no will. This is taking place in Michigan, and the lawyer came highly recommended by my mentor in the local chamber of commerce.

Thank you so much for your time.

Edit: My parents are divorced

Answer:
 > 1. Does this seem to be a fair rate for setting up an estate and handling all of the probate stuff

I'm not familiar with what kind of flat rates are typical in MI, but at least for my state 3,000 flat fee for a probate attorney to handle everything is reasonable.

> Are there any services that you're aware of that could pay the money up front for a fee, that we could pay back quickly from the estate

Hupothetically you could use a credit card if you have one that your limit is 3,000 or above, or divide it over cards but I don't particularly think this should be your first option. Try contacting your bank or local credit union about loans they offer. Whatever you do stay away from shady lenders and title lenders.

> Is this something I could handle myself

Possibly but using a lawyer to handle probate will make everything run smoothly for you and your brother. You can take a look at all the steps a lawyer can easily handle for you [here](http://courts.mi.gov/Administration/SCAO/Forms/Pages/Probate-Index.aspx).

> Am I running out of time to do this

You should try to contact a lawyer immediately. If he has any creditors they are probably already trying to file claims against the estate.Answer #2: Estate procedure can vary widely by jurisdiction, but try going into the government office that handles estates where your father died. This may be a clerk of courts office. The people that work in those offices are often very helpful, and may be able to provide you with the proper paperwork, and even answer a few questions.

If that does not work, $3000 is not an unreasonable fee for a lawyer.


Title: Unequal policy enforcement at work

Question:
For various reasons, I find myself needing to work remotely about once a week on average. I am a web developer, so remote work is not unusual and does not affect my ability to work at all. My team communicates by instant messaging, even sitting in close quarters in our cubicles.

I have been harassed for over a year about my attendance. When I was converted to full time employment with benefits, they made me an hourly employee instead of salary, for this reason alone.

Recently, I've been notified that remote work will no longer be approved for me, and I won't be paid unless I'm in the office. I am the only one who has been told this.

I received one such reply this morning, despite the fact that there are two other employees on my team who are working from home today. We also have an employee who lives in another state and is only in the office 6 days per month, and an employee who works remotely full time (also on my team) due to a medical treatment he received. Yet all other employees are salaried, and paid for being out of office. They are not harassed like I am.

I have a meeting scheduled with HR  tomorrow to raise the issue of inequality in how policy is applied. Are there any legalities I can cite in this meeting? My attendance is no worse than a few others in my department, but I am the only one whose pay is threatened. What's my recourse?

Edit: Michigan

Answer: There is no law which says all employees must be treated the same. They just can't treat you any differently based on a protected class characteristic.


Title: Possible Pending Speeding Ticket from Years Ago? SLC, UT

Question:
So this just came to my mind while I was reading another post about a moving violation-I was given a citation for speeding in 2010, but the cop wrote the wrong name on the ticket. It had my license plate number and car model, but the name was wrong. Me being a 16 year old new driver, I told my parents and they said I don't have to worry about it since the name was wrong. So I left it at that and never thought about it again.

Well that was the only time I was ever given a ticket and the last time I was pulled over, and I was just thinking about how since I became an adult, my parents have been wrong about many things. I moved out of state when I was 18 (2012), and I'll be moving back in the next few months, and since I have a license from a different state with an incorrect address of residency, I assume I need to get one from Utah now, and I really would like to be prepared if I might get a nasty surprise that's been waiting 8 years.

Is it possible I have a ticket waiting for me? Is it possible it's more than just a moving violation now? Is there a way for me to find out? And if there is, is there any way for me to fix it?

Answer: Find the county courts website and look for any convictions under your name. Also you can look for state wide warrants [here](https://secure.utah.gov/warrants/index.html)


Title: I walked into a Bald Eagle Zone, now I have a trespassing ticket

Question:
Here is the story:

Friends and I went camping last weekend.  One friend and I brought our 10foot kayaks to go on the lake that the campsite is attached too.  My friend was told when booking the place, that on the lake is a great time to see 'the eagles(not the band).'  So we take it as, hey, we might see some eagles while on our kayaks.

Before dawn, my friend takes his kayak to the water with his girlfriend (who is using my kayak).

I am relaxing with other friends at the campsite when he and girlfriend walk over to the group campsite.  I ask him where the kayaks are, and he says they're on the shore.  So I offered to go get them with him, so the girl does not have to carry it back (other males brought it there with him).

Him and I walk to the place of the kayaks, which are both on the beach of someones campsite.  A group of campers who are now out of their tents and around a fire less than 15 feet away from our kayaks.  Their campsite is butted up next to caution tape, and a little 8 foot metal barrier that are divided by caution tape every 100 yards or so.  So, instead of walking through the campers fire area, we went over the caution tape and walked along it.  We grabbed the kayaks, and did the same on the way back.  As soon as we stopped back over the line, a cars lights are blinding me in front of us.  He rolls down his windows, and tells us he is a park ranger and we aren't allowed back there.

We explain ourselves, but he said it is zero tolerance.  After about and hour of us being cooperative, and him saying it is zero tolerance.  He says he can't find paper work, so he might have to let us off.  So he is calling all of his buddies, and finally gets the code or whatever.  He gives us tickets that say we are unlawfully trespassing and endangered species zone with signs posted.  We got a court date of August 27th.

We look around, and about 300 yards away from where we were found, are two neon signs about 8inches by 10inches saying something (should have read it).

Anyway, we ask to fast forward our court date, because my buddy is moving to Colorado August 23rd and I have Nursing School Orientation the 27th.

We go today, and the judge tells him he has to plead guilty and pay the fine or he's gonna have to shell out more to come back and fight it.

I go in, and I'm told I have to get an attorney to get this off my record and to fight it.

What do I do?  Is this as bogus as I think it is?  Are Bald Eagles even endangered anymore?  Am I missing something?  What is going to happen?  What do I do?

If anyone is interested I took pictures of the place.

edit:  You guys are acting like I erroneously defiled the land and deserve the book thrown at me.

Mostly everyone that answered so far is inconsiderate.  I'm not asking you to sugar coat it, but you guys act like I'm asking you guys to help me cover up a murder.  Jeez.

Answer:
 I'm genuinely confused.

On what grounds do you intend to "fight" the ticket?

They had neon signs.  You didn't read them.  They caution tape up.  You ignored it to take a shortcut.

Talk to an attorney- they may be able to get you a plea bargain.

But barring some kind of miracle, this isn't getting dismissed and you are probably not going to be found "not guilty" if you take it to trial.Answer #2: >What do I do?

You can:

>plead guilty and pay the fine **or** he's gonna have to shell out more to come back and fight it.

That's about the long and short of it.

>Are Bald Eagles even endangered anymore?

[Maybe?  I'm getting old results that say, No, but they have other protections.  But this is out o0f date](http://www.fws.gov/midwest/eagle/recovery/biologue.html)


Title: How come Nirvana's album Nevermind album art never considered CP? (As far as i know)

Question: Just a shower thought I had

Answer:
 Because a naked child is not enough to be considered child pornography in the US.

The federal courts use the "Dost Test" to determine whether or not a given image or work is CP.  It uses six main criteria:

* Whether the focal point of the visual depiction is on the child's genitalia or pubic area.
* Whether the setting of the visual depiction is sexually suggestive, i.e., in a place or pose generally associated with sexual activity.
* Whether the child is depicted in an unnatural pose, or in inappropriate attire, considering the age of the child.
* Whether the child is fully or partially clothed, or nude.
* Whether the visual depiction suggests sexual coyness or a willingness to engage in sexual activity.
* Whether the visual depiction is intended or designed to elicit a sexual response in the viewer.

Not every element needs to be present, and other elements can be considered.  But that's the foundation for making the determination.


Title: I sent $600 to a financial dominatrix when I originally had no intention to. Do I have any recourse?

Question: I sent a financial dominatrix $250 over circle and $350 using venmo with a credit card online. I was out of my mind horny and was taken advantage of. Do I have any recourse or is my money lost for being such a moron? I cannot believe I just did this, it will place a huge financial strain on me.

Answer:
 “I wasted my money on sexual services because I was out of my mind horny and now I want it back” it not a valid legal argument. Sorry buddy, take it as an expensive lesson.Answer #2: Excuse my ignorance, but what is a financial dominatrix?

If you paid for a service and it was fulfilled, no matter the nature of it you don’t really have any ground to stand on.
Being horny does not constitute a vulnerable state.

You say you were taken advantage of? Is this just because you were horny - If so, what you do whilst horny isn’t being taken advantage of. Or did something further take place that would constitute you saying this?


Title: Do they have to take it back if they false advertised it?

Question:
I bought a watch from a watch kiosk at the mall. The sign next to the watch said that the hands and numbers are luminescent and that they “glow after being exposed to light”. The woman at the kiosk also assured me that it glows. Having no good way to test it, I bought it and had her size it. I get it home and what do ya know, they lied. It doesn’t glow. I look it back to return it as that was why I bought the watch. The lady told me the “luminescence” was the “striking blue color”. She also told me she would not take it back as it had been resized. I bought it under the false pretense it glowed. Do I have any rights here as she lied about the product? I also have a picture of the sign next to it saying “luminescent”. I live in NH USA
Topic:
Business Law

Answer: They aren't required to give you a refund. If you feel that they misrepresented the item, you can sue them in small claims for the value of the watch.


Title: Personal and Academic Information Potentially Compromised, Advice Needed in TX

Question:
Hi Everyone,

I hope I'm posting in the correct forum.

I just received a letter this morning from my University saying that my personal (First Name, Last Name, Address, Phone number, etc.) and academic information (GPA, Major, Career, Credit Hours, etc.) may have been compromised. The letter stated that the info was emailed out by mistake to 500 people. They were able to delete 423 of the emails before they were opened; but for the other 77, they don't know the status of them.

What can I do to protect myself? I've already placed security measures on my accounts and credit card. Does the school have any responsibility for this or if something were to happen in the future?

Thanks!

Answer: Name, address and phone number are not anywhere near enough to result in identity theft.


Title: Canada - Child Sexual Abuse by Father. 20 years ago, Family Secret, He Was Never Prosecuted. Don't know where to start.

Question:
Edit: To everyone telling me to call the cops, my mother filed a report in 1993 and even when the abuse had happened a WEEK before, they told her there was nothing they could do except to call them if he came to the house.

Quebec, Canada. I am the victim along with my younger sister, my father is the abuser. I frankly have no idea where to start legally - I have a few questions I hope someone can help me with. Frankly, I am terrified, this has been kept hushed in my extended family for over 20 years.

The abuse lasted from when I was in diapers to the age of 18. I remember recurring specific instances of abuse clearly, without the memory of specific dates because I was so young. Abuse included numerous and repetitive molestation and forcing me to manually stimulate him.

At the age of 5 years old, my mother was suspicious of abuse but never witnessed anything herself. My mother filed for divorce. An Aunt on my father's side called her one day saying she had witnessed him molesting me while giving me a bath during a family visit at my grandparent's house. However, this aunt was not willing to testify. At the age of 5, I was considered too young to testify in court. Without a witness, all my mother had to go on legally was suspicions. Though she fought tooth and nail, the legal system was not on her side since she had no witnesses willing to testify and no evidence except the memories of a child. The legal system failed me and my mother horrendously. She had no job, no family support and no money, and the appointed lawyer could do little for us. She was advised to try for supervised visitation, and not to try to prosecute as the case would most likely fall through, and the courts might take pity on him if he was not convicted and grant equal custody. My father ended up with supervised visits one Saturday a week. Despite this, the abuse continued. Any time someone's back was turned for one second, he would molest me - this continued at least until the age of 8 where I became more self confident to protect myself and avoided his advances, but subtle abuse and psychological abuse still remained. He remained in contact with me until the age of 18, when I became an adult and felt I had the courage to cut off all contact with him and move away without fear of him tracking me down to hurt me.

Now, 20 years later, I feel I am ready to finally face the ghosts of my past. No-one in my family would talk to me about the abuse as a child or a teenager. Which, in a way, is a good thing as it solidifies the fact that all of the memories I have are from my own experience, not from people telling me that I was abused.

I plan on getting in contact with the Aunt who witnessed the abuse, although I highly doubt she will be willing to testify if she was unwilling to do so when I was a defenseless toddler. I have several recurring, specific memories, that correlate with memories of my younger sister, who suffered the same type of abuse as myself. My older half sister, who was a teenager at the time but lived in the same house, has memories of abuse including him trying to climb into her bed and molest her at night, and showing her hardcore pornography while she was a minor. However, she lives in Malaysia currently and I am not sure she would be willing to testify.

I know it is a very long shot, as the abuse was many years ago and the memories of a young child from that long ago do not hold up well in court. But I know that if I do not do this now, I will regret it for the rest of my life. I want to get in contact with child abuse help, but I have no idea who to contact, and I know nothing about the legal system or how the case would be handled since it was such a very long time ago.

I am considering buying a hidden audio recording device, and interviewing the aunt, as well as my father, for evidence. It is legal in canada to record a conversation between two people without one party's consent, as long as the recording party is aware of it. Is there anything else I can do for evidence or to prepare for this? I want to be as prepared as I possibly can before I present the case.

This monster has molested me and my sisters, probably more family members or neighbors children that I don't even know of, and is walking free hurting more children no doubt. He is unbelievably bold and manipulative, charming, and continued the abuse under the direct supervision of my mother and case workers without anyone knowing. This will be a long, hard fight. Any advice would be welcome.

Answer: Call the police, tell the detective everything.Answer #2: Do it. It's going to really tough but if you can find a way to do it I say go for it. The uncle who molested me is no longer in the country and there's no way I can press charges. There's resources you can be linked to one thing you can do outside of calling the police is calling an incest or sexual assault hotline and they can give you the information you need. Good luck.


Title: Brass Knuckle Paperweights

Question:
I'm an advertising student from Oregon and I'm looking to promote myself to potential creative directors around the country. In order to do so I decided it would be cool to make some brass knuckles as a kind of desk ornament, and send them to creative directors I would want to work for. They look like [this,]  (https://www.instagram.com/p/BATIBySzajf/?taken-by=greendemon) and [this] (https://www.instagram.com/p/BAOBQJ_Taup/?taken-by=greendemon)

I recently had someone tell me, however, that possession of brass knuckles is illegal. I'm planning on sending them to places in California, NYC, Texas and Oregon. If you're just using them as a paperweight, are they still illegal?

TL;DR If you have some art that could be used as brass knuckles, are they still illegal? In NYC, Texas, California and Oregon.

Answer: Yes, they are still illegal to possess.


Title: Sister was in a car wreck. Air ambulance took her to hospital, now she owes $33,000 because of it.

Question: [deleted]

Answer:
 She took a ride in a helicopter. That isn't cheap. And I don't anyone forced her to go if it was a minor accident.

 I assume she has no insurance. She can call and negotiate a lower, lump sum payment.  She can ask for a payment plan. Answer #2: On top of everything else (namely that they wouldn't put someone on a helicopter for a minor accident), medical expenses incurred as a result of an accident are generally covered by car insurance.Answer #3: Why did she agree to be airlifted anywhere if the accident was minor?


Title: Ex fighting custody battle dirty

Question: Currently in a court battle with my ex-wife, yes I have an attorney. Something that was brought up was her posting pornography with a username that is linked to her twitter and Instagram accounts which has photos and posts regarding my kids. Anyways when it was brought up she said because at some point during our marriage she sent me those photos, I must’ve sent them to my sister, who then set up the Reddit account to post the photos. The pornography was brought up not because I care what she posts, but it is linked to my kids. Her face is in the photos. With the same username it takes a 5 second google search to find her. She checks in her location everywhere. Says where she lives. Where she works. In other words I supposedly posted these photos to put my kids in potential danger to turn around and blame her for putting my kids in danger.. is it not illegal to post nude photos online without someone’s consent? We are working with Reddit and our attorney to subpoena information regarding the account, but I’m not sure what all I should be asking for. It says there is a verified email to which I’m sure she will say I hacked to go along with her story. Should I be asking for them to give me the IP address/location for all of the posts? I’ve never dealt with something like this before. I was deployed overseas for a large part of some of the posts so if the location reveals it came from TX, neither I nor any other person regarding her or myself would’ve been in that area for her to blame. I am also now nervous that because if he accusation if I do not clear mine and my sister’s name can that accusation alone come back on us with legal consequences? Again there’s no way for her to prove her accusation because it’s simply not true, she is lying. I might be willing to do a lot for my children, but breaking the law is not one of those things considering that would go against my cause. Any advice on how I can better work between my attorney and Reddit with the account information is appreciated.

Answer: Shut up and talk only to your attorney. Even distributing them to your sister is likely a massive issue.


Title: Municipal Employer Trying to Dictate Where Family of Employee Lives

Question:
Using my throwaway/porn account to maintain anonymity for myself, my organization, and my employer

So some background:

I am the head of an organization in Iowa, USA that represents a group of specific department of a municipal employer. Part of our job description/requirements is that we live within a set distance of the city. Long story short, they accused a member of not living within the requirement and terminated his employment. We successfully defended him and he received his job back back and one of the stipulations is that he had 30 days to move back in to the requirement that the city would set after reviewing the requirement. Another item that was suggested was that a more definitive definition of residence be added to the requirement. Well, after review the municipal employer added a definition that (in our opinion) might be illegal.

The definition includes phrases such as "where a family member works, resides, or attends school," "where an employee welcomes guests,"where an employee spends their off duty time," and "where employee usually eats, sleeps, and bathes;" among many other item. The specific line we also are calling in to question is "maintaining a rented room or living quarters with a family or friend and maintaining a home separate from an employee's family for the purpose of demonstrating residency is not allowable."

I have a meeting with a lawyer this week and would like some input  on what we are dealing with from additional sources. Any input would be greatly appreciated.

Answer: what makes you think this is illegal? it's not uncommon for cities to have residency requirements for their employees.


Title: Underage drinking

Question:
I am a 19 yr old male, living at home in Utah for the summer. Last night a friend of mine got blackout drunk and, long story short, I ended up being detained and charged with drinking in a park, being in a park after hours and possession/consumption by a minor. I really don’t want to involve my parents in this, and so was wondering
a) If i  should accept help from a court appointed attorney
b) how large a fine I should expect
c) if this can be expunged.
Thanks in advance for the help, has not been a good day

Answer:
 If you cannot afford your own attorney, you should definitely accept the court appointed one. Whatever option you end up with should be much more helpful to answering b and c than this thread will be.

I would suggest letting your parents know so that you can hire the best legal council you can afford to try to avoid having a misdemeanor on your record. Your parents being angry is definitely better than getting passed over for jobs or other things that ask about past convictions.


Title: Can I sale edited copies of movies if it is included with the original unedited movie? (USA)

Question:
I used to work at a Best Buy in Utah, and some guys would come in each Tuesday and buy shopping carts full of all the new releases.  They explained that they could edit the movie and sale the edited copy (less violent, less swearing, etc.) if they sold it included with the original (unedited) movie.  This way, people were purchasing the original and thus were allowed to be buying an edited copy as well.

Does this sound like a sound, legal way to sale edited movies?

Answer: No.  https://en.wikipedia.org/wiki/CleanFlicks


Title: Employment laws - Can my employer keep me classified as "temporary" for ever?

Question: I work for a local state (tax funded) agency (FL), I've been here 3 years and I only have health insurance because Obamacare makes them. I'm pretty sure they classify me as "temp" because I receive a W-2 from them every year. So the question is I can be here 50 years and they will never make me a permanent government employee with benefits?. I signed my employment contract but there was no time set, meaning it just detailed my wage and my duties, not that these where for an assigned period of time.

Answer:
 [Temp positions last one year or less.](https://www.dol.gov/oasam/doljobs/tempemployees.htm)  You can report this to the federal department of labor and see if they'll correct your classification.

Start looking for alternative employment.


Title: Legality of not paying employees to get set up in the AM/firing them if they’re late? (VA)

Question:
Hi Reddit. Throwaway account.

So I work at a company with 500+ employees in their office. I’ll try to keep this simple. We are given laptops, and we are required to shut them off and take them home at night. In the morning, we are required to set the laptops back up, wait for them to boot up, sign into the laptops and pull up a website to clock in.

Because a lot of teammates have laptops that are old, this process usually takes anywhere from 5-15 minutes. I know this isn’t a whole lot of time, but the problem is, because of how long some people have to wait, they have to add on an extra 15-20 minutes in order to clock-in on ‘time’. If you don’t clock in on time, even if you are at your desk and waiting for your laptop to power up/sign in/ pull the website up to clock in, you are considered late, and get written up. If you get written up three times, you are let go.

I want to know if it is A. Illegal for them not to be paying for this time, and B. If it is illegal for them to not pay us for this time, is it illegal to fire someone for something the company is doing illegally? As in, the employee is legally working, but the employer isn’t paying them (illegally) and considers them late?

Answer:
 I know in idaho a company did this to its 900+ employees and got sued. We all got a chunk of money later on from the lawsuit.

Depends on laws where you are at. Contact the labor board wherever you live and they will tell you and then you can submit a complaint anonymously.Answer #2: It is illegal to not pay you for this time.

It’s legal to fire you because you’re late. If the computer takes a long time to boot up, get there a little earlier. They must pay you for getting there earlier too.

A few call centers I know of have gotten sued for this exact situation.


Title: Is it legal to use the official logo of a movie (say, the Avengers) on top of your fanart as a sort of fanmade movie poster?

Question:
Just wanted to ask the legal usage of this scenario. Say you wanted to put this http://wallpapercave.com/wp/zBoH8Jp.jpg logo on your fanmade poster. I'm sure it isn't something big enough to go to court over since I don't plan to sell whatever I end up making, but I just wanted to know the legal status of using official movie logos in your fanart.

Location: Philippines

Answer:
 Of course it's not legal.

Depending on how popular the image is, it may "fly beneath the radar" and never get noticed by the copyright holder, and nothing will come of it. But it's certainly infringement; and Disney (the parent company of Marvel) is well known for their zealousness in protecting their IP from infringement.


Title: District manager, possibly borderline abusive treatment of staff - CA, USA

Question:
Hi legal advice. I am trying to understand my rights and protections as a w2 employee at a corporate company. Recently our company has added a district management position to oversee our department, which should have been a very good thing. I felt we needed something unifying to help out our operations. Boy has it been a disaster.

The manager stops by different locations, and as far as I’ve heard, it’s always the same story. He loves to find ANYTHING wrong with everything we do. Even if it’s barely even bordering on a violation, it’s an immediate full out tantrum. I mean, this person has literally gone red in the face from screaming at us. I have overheard him yelling at someone on the phone. I’ve heard horror stories about how he talks about people when they’re not around. He went on a rampage the other day yelling that we couldn’t have drinks at our work spaces, and proceeded to throw out a coworkers drink. Granted, her drink was a violation of P&P,  which I acknowledged when I informed him we are allowed to have drinks at our space as long as they are sports bottles or sport topped. The guy flips and gets into my face basically yelling what I had just said back to me. I spoke with my store manager who was present to see if my behavior had been unprofessional in any way and he said not at all.
On the topic of throwing out personal property, is he allowed to do this? We do have rules in place that prohibit personal items in our work space, but no notice stating they will be thrown away in that violation. The only reason we do have our stuff with us is because there is not enough locker space on a normal day to safely secure our items. We have behavior plans that management is supposed to use to correct this behavior. He seems to disregard them and instead throws our stuff away and yells at us for it. He has also been heard openly berating my direct manager and other employees in different departments (in front of others) that he does not run in any way.
I just want to know what the limits of his behavior is. Our work environment has gone from nice and positive to absolute dread where no one wants to do more than the bare minimum. I have considered leaving due to his behavior. Our guidelines on harassment are vague at best and I don’t know what more I could do besides filing official complaints to our company’s ethics board. Our HR is useless too.

Answer:
 He cannot throw away your personal property.  But, he could tell you to collect all of your personal property, and leave the premises and don't come back.  (I.E., fire you).

Nothing else you described is illegal.


Title: Do I NEED to go in and testify to DUI

Question:
I witnessed a drunk driver the other night who was driving on the wrong side of the road, went up on curbs, stopped in the middle of the road and even hit a few cars.

I’ve been contacted by the police to message them back so they can get a statement to help incarcerate the person. I decided I wasn’t going to call back because while the person messed up big time I think it’s fair to give him the best chance to not have anything permanently affect his record  for the rest of his life and possibly force him further down a life or crime.

Am I being immoral by not wanting to testify? Do I have to testify? An officer ended up calling a family member trying to get in contact with me saying if I didn’t make a statement they would subpoena me. Is that true or just a threat?

What do you feel I should do in this scenario?

Answer:
 If you get a subpoena, you are required to appear.

You're not required to appear or cooperate unless and until that happens though.Answer #2:
>Am I being immoral by not wanting to testify?

If this person suffers no consequences, drives drunk again, and kills someone, who will be better off for your silence? Not the driver, not the dead person or their family, and not yourself.

>Is that true or just a threat?

People can be subpoenaed to testify. Your options would be to testify or be held in contempt until you decided to testify.

>What do you feel I should do in this scenario?

Testify. The actions you witnessed are not minor. They represent a real threat to your community. By covering for the driver you are actively perpetuating the threat.
Answer #3: Not legal advice but:

You're trying to let the guy get off easy. What if he doesn't learn his lesson and hits a person next time he's drunk driving?
I don't feel like drunk drivers deserve any leniency, it's not like you accidentally get in your car and start driving when drunk. You're knowingly breaking the law and putting other people's lives at risk. Answer #4: > An officer ended up calling a family member trying to get in contact with me saying if I didn’t make a statement they would subpoena me. Is that true or just a threat?

If they want you to testify, they can make you testify. A subpoena is not a request. It's an order.


Title: Girlfriend won't get an abortion, what are my options? [Florida]

Question: Basically what's in the title, she threw up a morning after pill approximately 30 minutes after taking it, she took two tests and it came out positive, she's also started throwing up, or so she says. (I live two hours away from her, so I can't be sure.) Florida to be exact, I just want to know, is there anything I can do or is everything her decision?

Answer:
 If the baby is yours, you take care of it. At the very least, financially. Preferably more.

If you are asking if you can force her to abort or put it up for adoption, hell no.Answer #2: You want to forcibly abort your girlfriends pregnancy? ... No. There's nothing you can do to force her to get an abortion.

When the child is born, you're under no obligation to voluntarily sign an acknowledgement of paternity (which is a prerequisite to being on the birth certificate). It's easy enough for her to get a court order for a DNA test and court ordered child custody. After the court makes its ruling, you'll be considered the legal father and be eligible to apply for visitation and custody to go along with your child support payments.


Title: [NV, USA] Drug Rehab Center Violated HIPPA?

Question:
Over the past few years I’ve abused  my opioid pain pills (prescribed for chronic back pain) and my husband of 10 years has witnessed my struggle with addiction.

Everything fell apart this summer when my brother lost his long, painful battle with cancer. My brother was my everything and I spiraled further into my addiction. I secretly turned to heroin to ease the emotional pain when the opioids were no longer enough. My husband witnessed my downward spiral and encouraged me to seek professional help for my pain pill prescription abuse (it’s important to note he did not know I used heroin). I agreed and admitted myself to an addiction center.

During intake I signed various release forms however I declined to sign a release for my husband to have access to my medical records. While undergoing medical detox at the treatment center my assigned counselor contacted my husband to inform him of the treatment plan for my opioid and heroin abuse. We are an upper middle class family with two small children and he was (understandably) shocked to learn I was using heroin. He filed for divorce the next morning.

During this time I was transferred to a sister facility mid-way through treatment and pulled into a conference room with several top executives stating I needed to sign release forms for the first treatment center. I refused and successfully completed the remainder of my 30-day program.

Fast forward to the divorce proceedings where a court reporter documented my soon-to-be ex-husband stating he only learned of my heroin use from the treatment center and is the sole reason for his decision to file for divorce.

Does this constitute a HIPAA violation? Can I seek damages for contributing to / causing the dissolution of my marriage? I contacted the Nevada bar association and was informed there would be a $40 charge to be referred to an attorney specializing in medical malpractice

Answer: This seems fake. On a previous post you claim to have a wife of 22 years who grew up in poverty and has no self control.


Title: How can they get away with paying so little for jury duty?

Question: It's kind of ridiculous. They can charge you $300 in "court fees" For a $50 ticket that took literally 2 minutes to resolve, but they turn around and pay you like $2/hr for jury duty.

Answer: Because jurors can't say "pay me more or I quit." Subpoenaed witnesses also get pittances for the same reason. Everyone else the court pays has a choice in the matter: if a court tried to get a lower electricity rate, the electric company could refuse to sign the contract.


Title: Do i have legal power to teach a facebook troll a lesson?

Question: [deleted]

Answer: Stop fighting with people on the internet and you'll have less of these problems. That's really it buddy.


Title: [Florida] Made some modifications to landlords home, offered to revert them in exchange for our deposit back, she's considering legal options

Question:
Greetings r/legaladvice. My wife and I just moved out of our home of three years, and the owner is not happy. We installed a dishwasher (which we left) and put up a wall segregating the laundry area from the garage. We considered them both great improvements to the home but she disagrees.

(I'm aware that the fact that a change you made is positive does not matter if you did it without permission)

We offered to do the work and fix each of the points she took issue with in exchange for our deposit back. She declined this offer, I assume to pursue legal action.

She is an old lady with virtually no resources who is looking to sell the home. We're a broke couple with a baby but I just graduated law school.

So here's the situation as I see it  - You can give us back the $900 deposit and we'll fix each of the things to your satisfaction or you can try and take me to court, I'll delay the court date till sometime in early 2016 at the minimum, and you'll MAYBE recover from us in 2017. Basically let us fix it or I'll tie you up in court until you die of old age.

I don't want to actually say that to her, but I don't know how else to explain the reality of the situation. How successful is she going to be in a legal action? Am I mistaken that it will take literally years for her to see any money? (especially given I know how to delay the court system.) Given my own legal knowledge I'm largely looking for assurances that I'm not crazy in thinking she's way, way, way better off letting us fix it.

Thanks!

Answer:
 She would likely better off getting someone with an actual license to do the repairs. And she can likely sue you in small claims as well as keep your deposit. I doubt you will get a ton of your wonderful lovable legal assholery in that court.

I don't really see why you are trying to screw her more than you have. You breached a contact Mr. lawyer. She has done nothing wrong here.


Title: [Hawaii] Any legal requirement for a college to tell you before moving in a new roommate to your room?

Question:
Twice in the past month I've had a new roommate show up and move in with no warning. After my previous roommate moved home, I talked with the student housing offices and requested that they notify me if a new roommate is assigned to my room. Seemed like a reasonable request to me, the possibility of a random person showing up to your room at any time of the day and moving in isn't very appealing. However, they've dishonored this request twice.

To be clear, the problem isn't that they move in a roommate, it's that they've move in roommates without notifying me. I know that renting a college dorm isn't truly renting, so there are no renters rights.

Given that they won't honor a causal request to notify me, I was hoping there's right that dormers have that could force them to notify me? I know it's a long shot, but it's really a pain in the ass to have somebody move into your room out of nowhere, and it's happened twice in a month to me.

Answer: How is it even a pain in the ass? You know you live in a shared room where your roommate could come in at anytime. Just treat it like it's shared, even when there's no one currently living in it. Problem solved!


Title: Character reference with incorrect salutation

Question:
Hi all,

I recently had an academic staff at my university write a character reference for me to use in court for an appeal.

I believe the salutation on my reference is incorrect as it reads "To whom it may concern" and should be "To the presiding judge".

I cannot get the reference edited by the staff in time and will have to submit it soon, will it still be accepted in court if everything else is correct besides the salutation?

Location: Australia

Answer:
 While "To the presiding judge" or, better, "To The Honorable Judge Smith" is *more* proper, it won't be a problem to use "To whom it may concern".

"To whom it may concern" is something of a catchall. Answer #2: I highly doubt a staff member at a university has a legal responsibility to correctly address a judge in a character reference letter. you're fine.Answer #3: [IANAL] I can't imagine that being a problem.


Title: [Arkansas] I feel like neighbors are infringing on our right to privacy. Definitely lowering the resale value of the home

Question:
Our neighbors have built an above-ground pool and deck, and because of the lay of the land, it overshadows our back yard. We feel amazingly exposed in our own back yard. They often walk around in completely immodest bikinis, are very loud, and don't seem to care that they're parading themselves in full view of us.
Is there anything we can do? We've already spoken to then and gotten brushed off because it's "their property". We'd like them to build a higher fence or put in privacy shrubbery our something at the very least.
Pictures from our back door: http://m.imgur.com/uN2riPx,T811zml.

Edit: turns out our fence is about 2 feet into our property. Since they built right up to the fence, about 2 feet of their deck is legally on our property. That really worries us about what we could do when it comes to sell the house and a neighbor's deck is on part of our yard.

Answer:
 There is no law against wearing a bathing suit in one's backyard. It is not an invasion of privacy to enjoy one's pool in their private backyard. A bikini is appropriate attire for swimming.

You will either need to build up your fence or find some other way to obstruct your view of their backyard, or look somewhere else. Being offended by a bathing suit is a personal issue, not an actionable claim.

You should address the issue of their deck encroaching your land immediately, however. If you don't take action now, you could potentially lose that 2-foot section to them permanently. I suggest approaching them about this matter in a friendly way, though, because it will be much easier to resolve that way. Answer #2: Check with the city/county zoning dept to find out setbacks and maximum heights of structures near the property line.

If you really think they've built this deck on your property, you should hire an real estate attorney or you may eventually lose that land to an easement or adverse possession. Answer #3: if you're the ones that have a problem seeing them in their pool, why aren't you putting up a fence yourself?