Title: [CT] I think my ADA rights were violated at my university.

Question:
The short of it: I am on file at my university as being dyslexic, severe ADHD, and having a brain injury. They even re-tested me themselves.

I started struggling towards my 3rd year. I've begged every administrator who listened for accommodations to take a lighter course load and be allowed to stay an extra year to finish my degree. I have been told many, many times by my university this isn't possible.

I was granted a ninth semester after much fuss. I have been told since I was granted the ninth semester, it was an exception, and that I would be leaving campus regardless of what my degree status was. Essentially,  I'd be kicked out in December, without a degree, and no possibility to complete it.

I talked to a friend who told me this is a violation of the ADA. I wrote an email to all the people who have told me my accommodation request is invalid.  I was immediately granted an audience with the committee who decides special cases at the university for the near  future.

Is this a Title 9 complaint? An ADA complaint? Where do I complain, if I have anything at all? I am so upset all the suffering and struggling I've been forced through could have been avoided.

Answer:
 This has nothing to do with Title 9.

There is definitely some info missing here.  Do you know why are you not being allowed to continue attending?    It is not normal that one would not be permitted to choose the number of classes they attend.  Do you receive financial aid?   Have you met the minimum GPA requirements?


Title: I can’t get my ex-wife to sign paperwork

Question:
I live in Texas and got divorced 4 years ago. Though the divorce decree gave me legal right to the home, my ex-wife is still on the deed and the mortgage. I had a lawyer prepare a deed without warranty for her to sign recently, but she won’t contact me back to sign it. I thinks it’s probably because it requires a notary (at least the paperwork has a notary line on it), but I’m not sure. What are my next steps? I can’t get my lawyer to contact me since he prepared the paperwork and received payment, and I’m not sure where to go from here.
Topic:
Real Estate law

Answer: If you've made *documentable* attempts to contact her and she's been totally silent, then you can take her back to court for being in contempt of the divorce decree.Answer #2: Hm you may have some issues here.  Is there anything in the Decree that orders her to execute any documents?Answer #3: Have you re-mortgaged the property into your name only?   If you haven't, your ex-wife is properly protecting herself by not signing the deed without warranty.  If she were to sign it while her name is still on the mortgage loan, she would have all responsibility for the debt yet no property ownership rights. This would be a foolish and dangerous decision on her part.


Title: Workplace changing phone policy

Question:
Sorry that this is more of a question than advise.

My place of employment has recently changed their stance on having electronic devices on you. If you have your phone on you and it is not turned off, it is now a termibadle offense. If they ask you to show them your phone and you refuse, they will also terminate you.

My question is, are they legally allowed to ask you to pull your phone out of your pocket and show them it is off? Most people are saying that it falls under "Search and Siezure". Any help is appreciated.

Answer:
 > Most people are saying that it falls under "Search and Siezure".

Those people are wrong. That term only applies to law enforcement.

While you are on the clock and on your employer's property, your employer can require you to submit to searches.Answer #2: Most people are incorrect. Do you have a union agreement that would protect your job?


Title: Sk, Canada- forgot my punch card on first day that it is active, will not get paid for today.

Question:
Teenager so I’m not sure about laws but I’m in the bathroom crying typing this up, am I completely in the wrong? Should I keep working without pay? Am I legally entitled to stay here?

I just have no idea about work laws

Answer:
 You go straight to your manager. You clock in asap, they do a timecard adjustment and tell you not to do it again.Answer #2: Legally they have to pay you for hours worked, time card doesn’t matter.

Practically, you might want to start looking for a new job, especially if this will be your regular manager. Assuming they aren’t just having a bad day or something and are actually trying to get out of paying you, that’s not a good sign.


Title: My boss won't let me call in sick.

Question:
I live in Wisconsin and tried to call in sick for the first time today. Told "you need someone to cover your shift" and I ask everyone I can. Everyone says no. Manager says "you have to come in then".

She literally said I am not allowed to call in sick due to company policy. I am really angry. I just don't know what to do and would rather lose my job at this point. Are they allowed to make me come in?

Answer: They can't force you to come in, but they can terminate you for not showing up.


Title: Elementary school student tells teacher of stepdad's drunk driving [MS]

Question:
I spent the Christmas holiday with my 9-year-old. The mother got married recently and from what I can gather through my child the guy the mother married has a drinking problem. Per my daughter, one night her stepdad drank and drove with her in the car, giving her the open container at one point and telling her to hold it and hide it so no one could see it.

I have no faith in the family court system (after many many years and tens of thousands of dollars), and have no proof that this happened. Doing some research, certain organizations like MADD consider this abuse, and many states, including Mississippi, have increased penalties for drunk driving when kids are involved.

I advised my daughter to talk to a school counselor about this. But now I'm wondering what, exactly, the school is compelled to do, if anything.

Does anyone have any idea?

Answer: Not legal advice but can you get your daughter a secret cell phone so she can call you/911 if she is in danger? Answer #2: School will report it to CPS who will investigate. Sadly, not enough evidence to do anything but if they get there and stepdad is drunk around the younguns shit could go dow.


Title: I made an illegal left hand turn, into a road where a cop had two other cars stopped, he then gave me the "halt" sign and motioned me to pull over so he could finish writing the two other cars he trapped tickets before getting to me.

Question:
Is this legal? I challeneged the ticket and I'm hoping I can base a defense around, "How could he have been paying proper attention to me if he was writing a ticket at the exact same time?"

Edit: Oh, this happened in California. Thanks in advance for any advice anyone can offer me.

Answer:
 >Is this legal?

I have no idea why you think it's not.  It's not that hard to notice an illegal left hand turn, especially if he's standing right there.


Title: can a landlord refuse to let a business renew their lease

Question:
Business im not nameing unless someone asks is bringing on a contraveral service and thier landlord is against that practice and is refusing to renew their lease so i am wondering is that legal
Topic:
Real Estate law

Answer: Yes, a commercial landlord can generally decide who they will and will not do business with or continue to do business with.


Title: Didn't yield to pedestrian in sidewalk on protected left in CA

Question:
Just got my first ticket when I got pulled over today. I wasn't really paying much attention to pedestrians when I turned left since it was a protected left. Pedestrian aren't supposed to be walking on that part of the crosswalk when it's protected. But, I already passed through when the pedestrian was like 25% through the crosswalk. Do you think I  should fight the ticket or would it be a waste of time? I prefer not to pay 200+ fine.

This is in CA btw.
Topic:
Traffic and Parking

Answer: Even on protected turns you should always be paying attention to pedestrians.  If you mulch someone it's going to suck even if you were legally in the right.


Title: If there is a Saturday Night Massacre II, who is next in line after Rosenstein?

Question:
In the Saturday Night Massacre, Nixon went down the line through the Attorney General and Deputy Attorney General before finally finding Robert Bork, the Solicitor General, who would agree to fire the appointed special prosecutor. In Nixon's case, Bork was the established and confirmed Solicitor General.

My question revolves around Trump potentially trying to go down the line in the same fashion. AG Sessions has already recused himself. Deputy AG Rosenstein appointed the special prosecutor, so it seems unlikely that Rosenstein would agree to fire him. If history is any indication, this would seem to lead us next to the Solicitor General, but that's where my confusion lies.

Upon taking office, Trump appointed Noel Francisco as Principal Deputy Solicitor General, at which point Francisco also began serving as acting Solicitor General. Trump then nominated Francisco for the position of Solicitor General six weeks later. Thanks to the Federal Vacancies Reform Act of 1998, Francisco is not allowed to simultaneously hold the office of acting Solicitor General and be the nominee for the position.

Francisco has not yet been confirmed, so Francisco's handpicked deputy Jeffrey Wall is currently both Principal Deputy Solicitor General and acting Solicitor General.

Assuming Trump fires/dismisses Rod Rosenstein for refusal to fire Special Counsel Robert Mueller, would Trump then go to acting Solicitor General Jeffrey Wall? Would Trump have to wait until Francisco is confirmed? Would an acting Solicitor General have the power to fire the Special Counsel? If not, who would?

EDIT: On the DOJ Org Chart, Solicitor General and Associate Attorney General are at the same level, and AAG is (I believe) technically the #3 position in the DOJ.  So, further question: could Trump simply bypass the Solicitor General and ask confirmed AAG Rachel Brand to fire Mueller?  Presumably, the answer is yes given that they're at the same level according to the DOJ hierarchy, but I don't have anything to back that up.

Answer: Who knows we have never had this kind of thing this early in a presidency without a dead president. (WHH). So anything can happen.


Title: Is it legal for a private tow truck driver to slim jim open your car?? (NYC) pic included

Question:
Ive been noticing that this tow truck company has been towing a lot of cars recently from a property and parking them in a residential neighborhood until the owner calls to have them brought back to the property. (im pretty sure all of that checks out, not right imo, but not illegal)

But today i noticed this guy breaking into a car to turn off the alarm... Is that legal? This car is probably a lease and definitely will have minor damage associated with this.

http://i.imgur.com/uz4lw1W.jpg

Answer:
 If I was getting towed, I'd rather they slim Jim my car open than damage my drive train.  Answer #2: If they have a repo order I bet there is nothing illegal about it. Answer #3: > This car is probably a lease

How'd you make that assumption?Answer #4: Just to make an observation that probably nobody will care about; that isn't a slim jim. It's what's called a 'long reach' system. Basically, it's a plastic wedge, a small hand pumped airbag and a long rod. Insert wedge between window and window frame, insert airbag into the space you create and then pump up airbag, then just reach in with the rod and unlock the door. Works on most vehicles, even those that have automatic relocks, you just got to be quick. It takes virtually no specialized knowledge or skill to accomplish.

A slim jim, on the other hand, is just one part of a full set of specialized rods, flat pieces of metal and tools to unlock vehicles by going down the outside of the window into the door to either directly manipulate the linkage rods, or to come back up inside the vehicle to unlock the car. Some are fairly easy, it got to the point that I could open certain year ranges of Honda and Fords faster than you could unlock them with a key. Others are difficult or next to impossible.

Also, in Florida where worked, it was perfectly legal to open up the vehicles for any number of reasons, usually to secure the steering wheel for transport if using a wheel lift instead of a flatbed. But disabling an alarm was acceptable also.


Title: [NY] Apartment lease forbids possession of weapons in the apartment - is this legal?

Question: Basically my apartment lease does not permit me to have a weapon in the apartment. I plan on buying a firearm soon, and am wondering what will happen if the landlord finds out (unlikely) that I own the firearm - can he legally evict me for this?

Answer: Yes, since this is private property. Gun owners are not a protected class.


Title: Talking to D.A.

Question:
Is there any way I could talk to the district attorney??  I called the office number but I wad told the only way I could talk to them was through my lawyer

Edit: I do not have a lawyer and can't afford one. My boss would like the issue resolved as quickly as possible.

Answer: If you're represented by an attorney, then the D.A. cannot speak to you.  The professional rules of responsibility that govern the legal profession forbid a lawyer from communicating with a person they know to be represented.


Title: How to go about evicting someone who owns their condo?

Question:
This could turn into a bit of a long story.

Basically I live in a 4 story apartment building. I own my unit and am on the strata counsel.

Below me lives a notorious drug addict. She owns her place too, but she has a history of not paying her strata fees. She was almost evicted once for this but her kids paid up because they didn't want her on the streets, and I believe they may be paying it now.

She is a danger.

We have a bike rack outside that no one can use, as she constantly stores 10-25 stolen bikes on it at all times. We have called the cops about it over and over yet they say that because the serial numbers are filed off, Theres nothing they can do.

We don't technically have anything in our strata about how many bikes one can own, so we can't fine her for that but we are trying to amend that. No one else can keep bikes on that rack because it's either full or she will steal it and presumably take it up to her apartment.

She has been fined continuously for letting her friends in to sleep in the halls. She has admitted to opening the laundry room window to let friends come and go at night. She has been fined for this.

The cops are called about once a week because her and her "boyfriend" will have huge screaming matches in the halls. The screaming is usually about the same thing - the boyfriend wants to go into the apartment but she is too high to open the door. she will literally stand outside in the halls for hours and yell at herself or at him, just too high to go inside. When the cops come, they tell her to relax and go inside her unit. Then they leave. They don't even wait to see if she goes in.

A few weeks ago, 3 apartments had attempted or successful break ins. all at 1 in the afternoon, and it looked like a crowbar was used to try to pry open the doors. Tons of damage. The door had to be replaced. The one thing these 3 apartments had in common was that they had both passed this woman and her bf on the way out...but since no one actually saw them do it, the police just took reports. They didn't even talk to her.

Fining her at this point is kind of pointless because she can't pay, and the strata cant afford to hire a lawyer to get her out. It seems that even if we did, her kids swoop in and pay off her debts at the last minute.

Cops just shrug and tell us "good luck." After she almost got in a physical confrontation with a resident, the police literally said that if she got a few punches to the face...they wouldn't ask questions.

We have hired a security company to come by at night but I've worked security and I know that it's no help if the cops won't back them up. we are looking into security cameras, but the price is hefty and we will have to put a vote to raise strata fees just to even begin to afford it.

I know nothing of how an eviction process would work for an owner, but she has to go. she is terrifying people and I am sick of getting calls at 1am from scared neighbors.

Can you think of any options I could suggest to our strata manager?

Answer: You can't evict someone from a home they own.Answer #2: The attorney for your strata need to advise you. It is extremely difficult to remove an owner, and is not a DYI project for the council. You'll need to figure out how to place assessments to afford the legal fees if that is not an option financially at this time, as it is the only route you can take if the end goal is foreclosing on her or otherwise removing her. Eviction of owner is nothing like evicting a renter. Answer #3: You need to push for the police to escalate things, at the Senior Sergeant level or above.


Title: [WA] My parent's condominium HOA is possibly discriminating against them, and is preventing them from displaying their American flag

Question:
My parents moved into their unit ~21 years ago when I was born - it's a rented unit (this is an important detail). My parents have had a little cross on their door the day they moved in (until now). When 9/11 happened, they hung their American flag by the door because we lost family and friends. There's been absolutely no problem with those being there, until now. The HOA said someone complained about our stuff being there, and that we have to take it down (they even tried to get them to take down the lockbox). The thing is - this stuff isn't in anyone's way at all. It's on the wall by their door, and on the door itself. Nothing is on the ground obstructing anyone's way. You'd never see the things either unless you walked up the stairs into the building, because the unit they're in is in a little corner of the condos.

The kicker is that other residents/board members have their stuff on their doors still, including objects on the ground (even more things than what they had), but we can't do/say anything because for all we know, "they have permission from the HOA". My dad requested permission from the board, along with a written reply directed to him. He hasn't gotten a reply, instead there was a posting on the banisters and at the bottom it states that only homeowners can make requests in writing to the HOA(which I think is BS).

My dad made a post about it on facebook and my aunt said that [legally, the HOA can't prevent us from displaying our flags](https://www.congress.gov/bill/109th-congress/house-bill/42). The thing is, we're not HOA members or homeowners, so we don't know if that applies to us. My parents have both worked at the condos - my mom works as a groundskeeper and my dad used to be security until he became disabled. We have suspicions/possible proof that the management team is discriminating against my mom as well (cutting her pay/hours and giving themselves bonuses is the biggest offender and is a recurring theme). The HOA have gone after my parents for a bunch of things before in the past, trying to enforce things on them when they're not enforcing it on anyone else.

I'm here because I want to know how much of a legal stance they'd have here because my dad is considering suing for discrimination.

Answer:
 >my dad is considering suing for discrimination.

What illegal discrimination has occurred?


Title: Is it illegal to have unprotected sex?

Question:
Using a throwaway for obvious reasons here and really could use help because my stomach is in knots.

I was just confronted by multiple girls who found out that I had been sleeping with them at the same time. They came to my apt and confronted me. They demanded that I paid for STD tests for all of them. Long story short I was told if be receiving a letter from a lawyer and to start getting my things in order

I'm located in CT

Thanks

Answer:
 No.

So long as you did not deceive anyone about the status of your wiener with regard to condom usage you have committed no crime. Cease communication with these people and move on with your life.Answer #2: Only illegal if you have like aids and knowingly had unprotected sex


Title: [OK] Surgeon neglecting to administer antibiotics, leads to infection and permanent disfigurement. Malpractice?

Question:
I had breast augmentation surgery on February 6th, 2015. Last Sunday (March 1st, 2015) I woke up with severe pain on my left breast. After being taken to the hospital and getting a CAT scan, ER doctors confirmed I had an infection under the skin, unrelated to the incision site for the implant. I was not given any antibiotics before or after surgery and was not told there would be any risk of something like this. All I knew was to keep the incision site clean, which I did.

Because of this infection, both of my implants had to be removed (one necessary, one preventative). The original surgery was $8,000, and the trip to California was $2,500. Because of the infection I lost $10,500 and who knows what I have to pay for medical bills. I am a transgender woman and have had suicidal thoughts because of how much distress this has caused me. Do I have a case?

Thank you very much for reading.
Topic:
Medicine and Malpractice

Answer:
 > Do I have a case?

First, medical malpractice is fact-specific.  You should take your records to a medmal attorney for a detailed read.

Realistically, I don't think you have much, based upon your narrative.  First, medical malpractice requires a violation of the "standard of care".  This is more than just "something went wrong".  It requires the doctor to violate the acceptable standard of practice for whatever he was doing.  If antibiotics aren't normally required, and nothing made it seem like you needed them, there's no issue.

Second:

>  ER doctors confirmed I had an infection under the skin, unrelated to the incision site for the implant.

It doesn't sound like you have any significant causality between the surgery and your infection.  It *seems* connected, but that's different than evidence.  You'd need someone with expertise to tie the two together.

Finally:

> was not told there would be any risk of something like this.

Infection is a risk in all surgeries, even super-minor ones.  It's highly, highly unlikely you weren't warned of this, and that you didn't accept some risk of infection.


Title: Had a job, now I dont know where I stand and am left with a bunch of things. Not sure what to do.

Question:
Southern Indiana.

Back in October I had answered an ad on Craigslist  for a gift wrapping job, thinking and hoping it was actually legit for once. I never met anyone,  it was all online, including the employee agreement (emailed to me and signed and copy and sent back to HR.) So things were going well for awhile. At first they sent me a bunch of boxes full of gift wrap, bows and packaging supplies. They would send me a gift at a time, I would inspect it and make sure it was all there and in tact, email my boss and tell her details, then wrap it, package it and send it out. I didn't make enough to do taxes over it, so I'm not so worried about that, but I haven't heard from my boss since the beginning of December. I've emailed her three times and the HR manager once since mid December and heard nothing. Now I'm left with a closet full of boxes of bows and wrapping paper and packaging supplies (mostly just scotch and packing tape) and I have no idea what to do with it. Am I legally bound to keep trying to reach them?  Should I keep the stuff or toss it?

Answer: It sounds like you were part of a scam.  Con artists use stolen credit cards to order merchandise and send it to people like you who they found on Craigslist. This way the cops will come to your door, not theirs. I would cease all contact.


Title: Apartment towed my truck across the city

Question: So I live in Lakewood Colorado. Even though we are given 3 spaces per apartment complex there are never any available spots due to overcrowding. Last night I parked in the only spot available which had a curb painted red. Otherwise there was no fire hydrant, no tow zone sign and no sign that said it was a fire lane. They had my truck towed to the other side of the city about 30min  from me even though there are hundreds of tow places between here and there. I had their parking pass and they gave no warning. Is this right?

Answer:
 Yes, that's right. You parked in a fire zone.

If parking spaces are guaranteed in your lease, that's a different battle for you to fight with your apartment complex.

You parking in a fire lane is a separate issue, and nothing illegal was done on their part.


Title: Critical Legal Thinking Help

Question:
Hey guys, was wondering if anyone out here could help me out to identify the main issue this judge is addressing + shape it into a chain of valid arguments she's using to achieve the answer/conclusion to that issue. You don't need to know any background information etc, just interpret it and apply your logic. Would be much appreciated, thanks in advance (text below)

I agree with Lord Hodge and Lord Neuberger that, on a literal interpretation, article 3 of the First Protocol (A3P1) does not apply to the Scottish independence referendum. But I also agree with Lord Kerr and Lord Wilson that the evolutive approach to the interpretation of the Convention adopted by the European Court of Human Rights strongly suggests that it might indeed encompass a referendum such as this and that the European Court may well have been hinting just as much in para 33 of its decision in McLean and Cole v United Kingdom (2013) 57 EHRR SE95, quoted by Lord Hodge at para 11. I further agree that, if we are confronted with a question which has not yet arisen in the European Court, we have to work out the answer for ourselves, taking into account, not only the principles which have been developed in Strasbourg, but also the principles of our own law and constitution.

However, while it is clear that A3P1 requires the holding of regular parliamentary elections, it is also clear that it does not require the holding of a referendum, even on such an important issue as Scottish independence. Nor would I take it for granted that article 1 of the International Covenant on Civil and Political Rights, quoted by Lord Kerr at para 81, requires there to be such a referendum. This depends upon several difficult questions, not only about the interpretation of article 1, but also about the import of the Treaty of Union between Scotland and England, and how that Treaty might lawfully be brought to an end, issues of the highest constitutional importance upon which we have heard no argument at all.

In the end, therefore, I conclude that, as A3P1 does not require there to be such a referendum, then the requirements (which the Strasbourg Court has implied into that article) as to the right of individuals to participate in the elections which it does require do not apply to such a referendum.

If this be so, the only source of such a right would be the common law. It would be wonderful if the common law had recognised a right of universal suffrage. But, as Lord Hodge has pointed out, it has never done so. The borough franchise depended upon royal charter. The “40 shilling freehold” county franchise appears to have been the creation of Parliament. Every subsequent expansion of the franchise, from the great Reform Act of 1832 onwards, has been the creation of Parliament. It makes no more sense to say that sentenced prisoners have a common law right to vote than it makes to say that women have a common law right to vote, which is clearly absurd.

For these reasons, I would dismiss this appeal.

Answer:
 So. . . You want us to proofread your homework?

No thank you.


Title: Technically, what state do I live in?

Question:
I'm asking because I got a jury duty questionnaire in Westchester County, New York, at my parents' address where I lived growing up. But I mainly live in Connecticut now, going to grad school there. I would like to be able to tell them I live in CT, but I want to make sure that's legit.
Here are the facts:

* I rent an apartment in CT and have lived there since 2013.
* At that time I moved my possessions out of my parents' house in NY.
* I earn income in CT but not NY.
* I paid taxes as a CT resident for 2013 and 2014.
* I registered to vote in NY when I was 18. I never re-registered to vote when I moved.
* My car and driver's license are in NY. I never re-registered them in CT.
* I last paid taxes as an NY resident for year 2012, and last voted in NY in 2014.
* I only visit my parents in NY a few days out of the year, e.g. for Christmas. The rest of the time I live in CT.
* I honestly do not consider my home address to be my parents' place in NY, I consider it to be my new address in CT.

So, is it fair to say on a jury duty questionnaire that I live in CT?

Answer: You're a CT resident who didn't follow the law to get a CT license and change your registration. You should take care of those items immediately.


Title: Using a fake document for school.

Question: I am facing suspension from college because I missed too much school due to a messed up car. I needed to show proof of the event to them but lost the receipts for what was done during the time the car was messed up. I want to know if I used a fake receipt for a tow would that land me any serious punishment, I did really get a tow and my car did limit ability to show up. I also live in Texas. Resolved!

Answer: Talk to the towing company. Talk to whomever repaired it. Receipts / repair reports are usually kept for a period of time and are generally re-printable.Answer #2: Apart from being expelled from school, you could also face criminal charges for [Fraud and/or Forgery](http://www.statutes.legis.state.tx.us/docs/PE/htm/PE.32.htm)Answer #3: Don't be a dummy. Use common sense. Just get the tow company to either get you a copy of their receipt or sign a letter that says they picked up your car and it was a piece of crap that needed to be fixed.


Title: Was I properly served a subpoena? (26F CA, USA)

Question: Hello all, thanks in advance for your help. A week ago my husband and I were housesitting for my sister while she was on a trip. It was 9 PM at night  and I was at work while my husband was at my sister's house with our son. There were a few loud knocks at the door asking for my name. They didn't identify themselves, they just repeated that they were looking for me and recognized the car. My husband wouldn't open the door due to the late hour and because they didn't identify themselves. The person proceeded to go into the gated backyard and knock on the backdoor. At this point my husband called the police because of the suspicious behavior. Police came and checked it out. The person left, it was all good but just weird. Husband found subpoena for me tacked on to the door. (It's for me to testify at a child support hearing) We just found it really odd. I wasn't even there at my sisters house, I was working. I don't know how they knew I was housesitting.  It wasn't a process server, just a friend of the person who wants me to testify. Was I properly served?

Answer:
 It's very likely you were properly served.

In any case, there's no point to arguing service.  It will only delay, not prevent your testimony.  So just follow the subpoena.Answer #2: On mobile

http://www.courts.ca.gov/selfhelp-serving.htm

Shows what proper service ism


Title: Is it legal to waive constitutional rights in a contract?

Question:
For example your right to freedom of speech.
Edit: California laws

Answer:
 Your "constitutional right to freedom of speech" is just a prohibition on the *government's* infringement of your ability to speak freely. It says nothing about private parties. So no, there is nothing preventing two consenting people from entering into a contract outlining what one party can or cannot say. That's what a non-disclosure agreement is.

Edit: The first person to post that XKCD comic, so help me god.


Title: My Aunt had her mother and brothers names engraved onto my fathers headstone without any notification. I don't know what I can do about this. Massachusetts.

Question:
Sorry if I leave anything out. I just found out all of this a few hours ago and I am pretty upset about it. I will try to make the situation as clear as possible.

* T is my father, who passed away in 1993.
* M would be technically my grandmother, T's mother. I have not spoken to this awful waste of human since I was right years old, I am now twenty six. She passed away in April of last year.
* J is T's brother, M's other son, my uncle. Also haven't had any contact with him since I was eight. He passed away a few months after M did.
* N is M's daughter, T & Js sister, my 'aunt'. I don't know who is worse, M or N. Lets just say they're both equal sacks of shit.

Little bit of background. My father, T, passed away when I had just turned five. His mother, M, was not a big part of our lives (she was batshit crazy) and it was probably better that way. She did pay for the headstone in question, back in 1993 when my father died, considering my mother was now a single parent raising not only myself, but a six month old baby as well. It should also be pointed out that the plot my father is buried in is a double plot, which for future purposes would be used for my mother. My mother tried to have my sibling and I maintain a relationship with my fathers side of the family. This lasted til I was about eight, when I had finally had enough of the verbal abuse I had received constantly from M. Like I said before, she was an awful lady. Years pass, I don't have anything to do with either M or J. M attempted to contact me once about ten years back to which I told her to fuck herself. Fast forward to last year, M dies, and gets cremated. Few months later, J dies as well. Also cremated. I found out through my mother that N had been visiting my dads grave site, leaving flowers and most likely spreading some ashes. Fine. (I'll also add I do not visit the site very often. Although he passed 20+ years ago, it is very very hard for me to go there. It's close to my parents house, and states away from N (and where J & M lived.)

My mother went to visit my dads grave today and after doing her thing, went to leave and her gut told her to look at the back of my dads stone. When she did, she couldn't believe it. M & Js names and dates have been engraved on my fathers headstone. I'm assuming it was N, considering she's the only one left alive from that family. I am so upset about this. So, a few questions.

* Is this even legal? Are there permits needed to do something like this?
* Wouldn't my mother have to be informed, or asked considering it is her plot? I mean, I know it belongs to my dad as well but it's safe to say no one got permission from him. Yes, M paid for the headstone itself twenty years ago, but that has absolutely positively NOTHING to do with N.
* Is it legal for her to hire some engraver person to come out to a cemetery STATES away from where she lives and just start engraving names on someones headstone, showing ZERO proof that you have anything to do with it?? If this were the case, can I hold them responsible as well for basically vandalizing my fathers headstone?
* if it were the cemetery that allowed her to do that, could we hold the cemetery responsible?
* How the hell do I even go about finding out who did it? Like I said, I don't speak to them and I can assure you, I would have very colorful language for N if I were to speak with her. Do I file a police report for vandalism to my fathers headstone??

I apologize for rambling. I will answer any other questions that I may have left out. I do plan on contacting the cemetery worker whatever he is called tomorrow and try to get some answers, although from what I hear he isn't the easiest to get a hold of. I just want my fathers stone to be his stone, and his stone only. The front has a picture representing us four. Him, my mother, my sister and I. Not his family who abandoned us despite living so close, and especially M, who would say horrible terrible awful things to not only a child, but a child who just lost their father. I want it back to the way it was. The way it has been for over two decades. ***ANY*** advice is appreciated and I thank you in advance.

* [Headstone](http://imgur.com/Z2vUjaM)

*EDIT*
* **MY APOLOGIES** I forgot the TL;DR. My father passed away 20+ years ago, is buried and has a double plot with my still very alive and well mother. My aunt (dads side) had her mother and brothers names (my dads bother and mother) engraved on his stone, with no permission or heads up to my mother. What can be done about this?

I tried to contact the person who works at the cemetery, not sure of his actual job title, to no avail today. I am starting first with them to see what they know, and will move on from there. I will keep this post updated with whatever information I can. Thank you to everyone that has helped so far.

Answer:
 Tldr:

Ops father died in 93. Ops grandmother paid for head stone. Ops mother was and is still alive. Aunt added things to head stone with no ones permission. Legal?Answer #2: Well you need to find out a bunch of things.

* When did this happen?

* How did it happen? (i.e. did the Aunt ask the cemetery, did she hire the work directly etc)

* What type of arrangement does your mother have with the cemetery? Does she own the plot? Is there some weird lease stuff in play?

Anyways, the cemetery office should be able to handle all that and more. I highly doubt any work was done without them at least noting it.

Don't go in threatening lawsuits, either. Be polite but firm.Answer #3: Does your mother own the plot? Does she have some kind of contract with the cemetery for perpetual care or anything like that? Answer #4: This made me wonder if Aunt had the cremains buried in the same grave. I have heard of this before.  Who actually owns the plots?

Please keep us informed of what you are able to find out from the cemetery office. Answer #5: FYI it is not difficult to just order a new headstone, they are reasonably inexpensive.  I purchased one for my mother's grave, it was a fairly nice one which fell within the requirements of the cemetery (they need to be able to run their tractor mowers over them without damaging them or the mowers).  It cost me under 500 for everything.


Title: Brother was told he’d have to show up to court or “talk to someone” about he & his gf’s ages

Question:
Okay, so my brother is 17 (18 in October) and his gf is 15 (16 in December). She’s about 8 months pregnant. He just called and said that at one of her appointments today the doctors told her they would have to go to court or “sit and talk to someone” because of their age difference. I’m aware that this is because of statutory rape laws.

Don’t even know if this is the right place, but does anyone know the procedure? What could happen? The gf’s mother was well aware of his age and let him stay the night there A BUNCH and she also stayed the night at my moms house a bunch.

We’re in Michigan and yeah, I just wanna know what could happen I guess. Thanks.

Answer:
 There are no exemptions and she's under the age of consent.  He needs a lawyer.  Don't talk to any policeAnswer #2: What could happen is that he is found guilty of criminal sexual conduct with a minor and faces prison as well as a sex offender registration.

The parents enabling this is likely criminal as well, but does not excuse **his** behavior.

He needs to stop talking to anyone about this but an attorney.


Title: Do the regular wedding vows in the USA top/overthrow/superced any oath sworn in favor to the US constitution?

Question:
The usual wedding vow is worded as

> I, _____, take thee, _____, to be my wedded wife/husband, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part, according to God's holy ordinance; and thereto I pledge thee my faith."

Basically, this is an oath before the god this is sworn on, upon. It's the most intimate oath one could give.

Now, since the USA are a very religious country when it comes ro Christianity and the Bible (In Gyjgod we trust, ... so help me God et cetera) does this wedding vow/oath take precedence *before* any other oath a US citizen can swear within the United States?

And if not, what's the legal ground against it? Does "national security" top an oath sworn before God to the one you will love and trust in? When it comes to juridical rules, what weighs heavier, an oath before God to the nation or an oath before God to your beloved one?

Answer:
 There are no "regular wedding vows" in the country. A couple is free to write whatever vows they want, and there's *Constitutionally* no requirement that the vows mention God or be said before any clergy.

Then there's the Supremacy Clause in the Constitution, so no, a wedding vow or pledge can't overrule the Constitution. It would be illegal.Answer #2: > Basically, this is an oath before the god this is sworn on, upon.

Traditionally, *all* oaths are sworn on some sacred thing. That’s what makes them oaths. When people are given the option to swear or affirm, the reason “affirm” is offered is for people who have an issue swearing oaths on sacred things (for instance, Quakers do not swear based on Matthew 5:34-37). So even from a religious perspective, an oath of marriage is not inherently more binding because it’s sworn before God.

From a civil perspective, the religious aspects are irrelevant. You’re bound to certain oaths because the law provides punishments for violating them. Those laws do not have an exception for “your spouse asked you to.”


Title: Vet labeled Rx wrong

Question: My vet gave me two medications for my dog, one to fight her infection and another one for pain.  But she labeled the antibiotic as "for pain," and I did not administer the full dosage because my dog was not in pain (obviously because I actually was giving her the pain meds since I thought it was the antibiotic) and I didn't want her all doped up.  Her infection did clear up, but I think that I have a case because the vet mislabeled the drug she prescribed.  What do you guys think?

Answer:
 /r/legaladvice's resident Dog Law Expert here.

You have no damages. Your dog's infection has cleared up. You might let the vet know so that they can be more diligent, but this isn't your path to riches.

Sorry, OP.


Title: Is it legal to portray public figures in a violent scenario in a video game?

Question: Without their permission.

Answer: Yes. If you do it to the President, a member of his family, or another politician though, you might get a visit from the Secret Service and a warning that they’ll be keeping an eye on you.


Title: NJ - I feel I’m being discriminated against at work. How should I document it and when should I reach out for help?

Question:
I work for a nonprofit organization and we get new board member each year. This year, a brand new board member came in and basically told me that I’m not qualified for my job, given my educational background. I work at my current position for almost 4 years with no major issues. I was warned by a previous board member that this particular board member may have some issues with me because I’m Vietnamese and that board member’s father-in-law got hurt or suffered PTSD from the Vietnam War.

Within 30 days, this board member has generated a report to the other board members on how I’m not qualified for my title and they should appoint someone more qualify for my position. This caught many incumbent members by surprise. They did not move forward as they did not feel the action was justifiable. This particular board member was tasked to work with me and correct any issues. Instead of working with me, this person only ask for information to find more flaws with me.

In full disclosure, I know I’m not qualified for the job title. However, everyone in our small office get fancy titles that don’t particularly matches the job description. I reviewed my job description and I am doing the duties as it is written. If the job title is the main issue, why not simply change the title and move on? Instead, this board member is trying to get me removed.

Since then, the particular board member actions has created a “hostile work environment “. That is another issue that may come up.  This board member refuses to work with me nor acknowledge my position. The latest plan from this board member is to outsource most of my job functions and duties, without any inputs from me. This person purposely excludes me from many things that I previously was involved in.

An email was shared with me, which shows that particular board member’s intention. That person was asked to include me in a negotiation. The person replied that they did not want me to be involved as this can be used to demonstrate my value and I have no experience nor relationship to accomplish the task. I have negotiated numerous contracts and agreements.

I need help on how I should document things. This particular board member is a professional in their field. I don’t think I have enough for a case yet as this person is very smart. With the way things are going now, I will be out of a job soon. The stress is also killing me, and it may forces me to quit. It made me really hate my job. It is hard to succeed with failure is the only option given to you.

My plan is to reach out to an attorney when I’m let go. Is that advisable or should I reach out sooner? I don’t know the repercussions of reaching out to an attorney and pursuing a case while still working at this job.

Please advise.

(Please excuse any grammar mistakes. I’m on mobile.)

Answer: Do you have proof anything that has transpired is due to your being Vietnamese?


Title: (California) Rapist took videos of my home and body without my consent. Do I have a case for voyeurism?

Question: The videos were shown to a detective who told me what he saw. I didn’t consent to ANY of the videos. Can I sue for this?

Answer: Charges related to the production of those videos will likely be added to the charges your rapist is likely facing for, y'know, rape. This is a criminal matter; you don't have to sue, the state will generally pursue justice on its own. Do ask the detective or prosecutor, though.


Title: Landlord is moving her son into the home while we still live here. Need advice on the legality of this.

Question:
Okay so me and my fiancé are students and we rent a 3 bedroom home with our friend, his mother is the landlady. She has been really shady lately with both us and her son and has decided that she wants to sell the house, however she told us that we could have until the end of the year.

Last week she decided that she wanted her other son, our friends older brother, into the bedroom in the house that we live in, and said that we have to move out at the end of July.

Today we have just received a message saying that she's moving her son into the house in the second week of May, while we are still living there and he will live in the dining room of the house until we leave. Her son who we currently live with does not want his brother living there and we obviously have the fact that for two and a half months we are going to have to live in a privately rented house with someone who we don't know at all.

Is this legal? Or just inconsiderate. Because we are very upset about the fact that she is throwing us into this big mess bang in the middle of our final deadlines, we graduate in July and really needed stability in those last few crucial months.

Any help would be appreciated as we are currently at a loss of what to do :( We live in the U.K. By the way

Thanks!

Answer:
 Nonlegal advice - There may be some unsavory reason why your landlady doesn't want this son in her own home.  Keep your stuff locked up away from him - just in case.Answer #2: You didn't provide a location but generally if you are month to month tenants she should be able to give you appropriate notice and terminate your tenancy.

She cannot have some random person move in though. Answer #3: Does your lease cover the whole house or just individual bedrooms ?Answer #4: Try /r/legaladviceuk


Title: 2904. Interference with custody of children?

Question:
Hello, I need some guidance. I asked a question yesterday about an issue I was having, regarding the police, etc. you can view it here: https://answers.yahoo.com/question/index?qid=20140503181958AAp7zzR

So just today the police showed up at my door step. They told me that the mother has sent a letter regarding me not being able to see her daughter or else I will get arrested. The letter was directed towards my parents, not me. It stated the 2904. Interference with custody of child law (kidnapping), which can be found here: http://www.womenslaw.org/statutes_detail.php?statute_id=5986#statute-top

The officer said I was not allowed to have any contact with her daughter or I would be breaking the law and I could get arrested. But after reviewing the law, and trying to figure this all out, it doesnt make any sense! The fact that the letter was directed towards my parents not me, stating that they dont feel there daughter is safe at our house. The letter had nothing to do with me not being able to talk, or contact her. In 2904. Interference with custody of child law, it states

"A person commits an offense if he knowingly or recklessly takes or entices any child under the age of 18 years from the custody of its parent, guardian or other lawful custodian, when he has no privilege to do so."

But my parents, nor me have every done such a thing. We never enticed her to coming over, she was always willing.

This whole thing doesnt make sense! Can I really get arrested for just texting her?

I live in Pennsylvania btw, thanks bot lol

Answer:
 It wasn't clear from your post, but reading your other comment it seems that you are dating the daughter, and the mother doesn't want you to see the daughter.

I understand you are both under 18.

It seems the officer is wrong that you would violate the 2904 law, it's not criminal if the daughter leaves the mother's house of her own volition (and is over 14).  If you were to be arrested, you could probably beat the charge.

Do you really want to involve yourself in this situation?  Take a break until she turns 18.  Then you can date without the mother's interference.


Title: Over 100 people are loitering in front of my home.

Question:
I live in an apartment that is very affordable, new, and clean for my area. Other than a massive loitering problem, it's probably the best place I can live in this city for the time being.

&#x200B;

The loitering problem is absolutely ridiculous, though and it is affecting my mental health. The apartment complex is 'non-smoking' in the lease, but somehow this has translated to "stand on the edge of the property and smoke" which just so happens to be where my unit is. Now I have over 100 unique individuals per month and probably 30 unique people per day, at all hours of the day and night, constantly standing outside of my window. Smoking, coughing non-stop, laughing/talking. And on some occasions, I get the joy of bringing my toddler home to the smell of weed surrounding the place (not too often but people are doing it more and more lately). And someone in these loiterers started a fight and got arrested.

&#x200B;

The problem is only getting worse and worse. More people are accepting this as 'the spot' for them to gather. Sometimes it is up to six people at a time now. Other times it can be empty, but it is getting more rare. There's usually *at least* 1 or 2 people standing outside my window at most times.

&#x200B;

These people range from innocent old people that live in the units nearby with nothing better to do than smoke, to trashy loud people who smoke weed and sometimes start fights who walk all the way from the other side of the apartment just so stand in front of mine.

&#x200B;

I can't sit on my balcony without feeling uncomfortable. I'm someone who needs a lot of peace and privacy. And while I understand that sometimes this is out of reach in apartment living... this is just on a whole other level.

&#x200B;

I've notified the apartment manager many times and they basically chalk it up to "some people just aren't cut out for apartment living". I haven't notified the police, because this issue would take multiple officers over the course of multiple shifts to try to clear this area out... over a long period of time too. The police here and known to be too laid back and not very responsive to "minor" things like this.

&#x200B;

I like this apartment a lot and I kind of don't have the resources to do a full-on move at the moment. But I have been asking the office when other units have become available (one that isn't plagued by this problem), but the units are almost always occupied. So until I can either move out (which, who knows when that will be possible) or another unit in this complex opens up that I can move to... I don't know what to do.

&#x200B;

My peace of mind has been lost all day, every day. My studies have suffered (and my future job prospects probably as a result), and the situation is getting out of hand.

&#x200B;

What should I do?

Answer:
 Where are they loitering? You say "the edge of the property". Are they on public property, like the sidewalk, or on the actual apartment property if they don't live there? You say they stand in front of your apartment but where is very important.

>  My studies have suffered (and my future job prospects probably as a result), and the situation is getting out of hand.

Do not use this argument with anyone. It will make them think you're overreacting.Answer #2: In WA, they must be 25 feet away from an entrance or window to smoke.  And smoking weed in public is nominally\* illegal.

If people are in violation of those laws you may call the police.

\*In Seattle, it's a $30 fine, but police were instructed to give warning whenever practical.


Title: My two sisters and I have been subpoened, but I have to leave for the navy on the date set

Question:
My mother and father are in a civil battle for child support payments. They had promised not to get us involved, but my dad has failed at that and has subpeoned us anyway.   I leave on the 13th of next month for bootcamp, the day of the court hearing. I'm scared because I do not have a place to stay after that and my sister is supposed to move to Texas from California on the 8th or she will lose her deposit, and will also be homeless.
We were not served personally like it says on most websites, and was mailed to my mom's house. My mother ended up opening it and calling us. And now my sister has called the lawyer who sent it.
Is there a way to get out of this?
Sorry if this is jumbled and hard to understand, I'm on mobile.

Answer:
 Contact your recruiter ASAP and let them know. They may be able to help you, but even if not, they should be made aware.Answer #2: You need to consult with an attorney and seek to have the subpoena quashed or rescheduled for some future date (after you're free of bootcamp).Answer #3: Last resort, if all else fails, show up to bootcamp. I am assuming you have signed up to be enlisted, and the penalties for not showing up to to where the military orders you to are going to be much greater than the penalties of missing a court date for a child support case. Note this is last resort, until then contact your recruiter and if they can't give your results contact someone at the camp you're going to and keep persisting (the bureaucracy can unfortunately can take a while to navigate). Furthermore, you could possibly try to directly confront the judge or prosecutor, IE tomorrow take your order papers, copy them, and send them to every party in the case.Answer #4: Offer a deposition prior to the date you leave.

(The lawyer interviews you, outside of court)


Title: [CA] Dad was just hit by an 18 wheeler, should I expect anything?

Question: So I received news that my dad was rear ended by an 18 wheeler that ended up sliding through the lanes on a freeway. My dad is not the best at English so I was wondering if there is anything that I should expect? Pretty much is there a process I should follow after knowing my dad got hit? I don't know about how he is because I am hours away from home without a car (college). Sorry if this is the wrong place to post. It was the first place that came to my mind. Do I have to contact a lawyer or something? Thanks guys.

Answer: First contact your dad or closest family to see if he's alright. Or local authorities  to find what hospital he's in if necessary. Then get there some how. Train, bus, uber hop (order uber car to take as far as they can then order another uber, repeat) Police should able to guide you and your dad thru filing reports and whatnots. He Especially needs somebody there if he's not good with English. Hopefully dad has insurance. IF you can discover the company of the truck a lawyer is not bad idea if you plan to sue/press charges/seek compensation and also to provide company name to insurance company. But most importantly get there, if he's seriously hurt, get there.


Title: [CA] My dad wants to tell his tenants he is selling the house. He is asking me to write letter. What do I do?

Question: [deleted]

Answer:
 They are month to month, but have been there longer than a year, so a 60 day notice to vacate will be fine.  No cause needed.

Problem tenants are going to probably create a problem sale.
  I'd consider getting them all the way out before listing it.

The property with tenants there for only 6 months on a month to month can be given a 30 day notice.Answer #2: >Can we?

If you are not in rent controlled area (SF/LA are the ones I know) then yes you can raise rent. Its 30 day notice for under 10% increase and 60 day notice for over 10% increase. Rent control is a different situation but a simple google search of rental control and your city should answer your questions.

>We do not have a buyer lined up we want to put it up and sell it ASAP

Give tenants a written notice of your intent to sell the property (certified mail is good). This allows you to give oral 24 hour notice of your intent to show the house.

>They are "problem" tenants. Would it be better to tell them we arent renewing their lease and this is the last one?

If you are not in rent control, just give them a 60 day notice to vacate. Its best to not have these type of tenants present when you are attempting to sell the property.

>There is a another property that we also want to give notice to and the tenants are month to month with have stayed there only a few months (about 6)

Everything is the same except you can give a 30 day notice to vacate instead of 60; again if you are not in rent control.


Title: False Advertising? Subway $6 Deal of the Day, Footlong...meal.

Question: [deleted]

Answer:
 That says either a  footlong sub (by itself) or a 6 inch meal.  Your receipt says you bought a footlong sub, which would make the chips and drink extra.

**edit for your edit.**

>EDIT: I'm told I'm reading the sign incorrectly. I still believe it is unclear and misleading, possibly on purpose.

It is not misleading.  The pictures of the food itself should tell you enough.  The footlong sub is by itself in the picture.  Then you have a picture of a 6 inch sub with chips and a drink.  Between those two pictures is the "or".

That is pretty clear to me.Answer #2: It's not false advertising.  You aren't reading the advertisement properly, OP.

$6 (footlong) OR $6 (6" sub, chips, drink)


Title: Freezer semi trucks running 24/7 near my home

Question: My house is backed up against railroad tracks and on the other side of that an industrial park which has a semi truck parking lot. The freezer ( refrigerated)  semi trucks run all day ever day and its driving me crazy. I've spoken the owned of truck company which fixed things for a while (2 weeks) but has since started running the trucks again. I've called in noise complaints but nothing seems to work. What are my options ??

Answer: What was the response to the noise complaints? If the trucks are parked in an industrial zone I'd be surprised if the city found that keeping semis running would violate a noise ordinance.


Title: [Kentucky] I sent an amazon package to the neighbors next door by accident and i'm trying to get it back?

Question:
Long story short, i'm a moron and I was trying to send my long distance boyfriend something from amazon. (Michigan to Kentucky if that matters at all) I accidentally sent it to his neighbor who is right next door, so it has her address on it, but it has his name on it too. I called her the day it was suppose to arrive and gave her my number, explaining what i did. She sounded ok and took my number to call me back. However i didn't get a call the next day and amazon alerted me it was delivered in the mailbox the previous day after i talked to her. On day three now and i left a voice mail this morning but have heard nothing yet. What should i do to get my package back if she don't respond, if i can at all?

I tried searching for something like this but there wasn't much i could find, sorry if this is the wrong subreddit for this, i'm not really sure what to do at this point.

Edit: SOLVED.

Someone apparently put it in his mail box sometime and never let me know. I left the one message i mentioned above and was spammed 6 calls in a row from an unknown number and then once more from the one i knew, where i was then threatened with them going to the police for harassment and was then promptly hung up on. Not the best way to resolve it but it was resolved none the less. No legal advice taken, this time.

Answer:
 > What should i do to get my package back

You need to keep trying to contact her. Why hasn't your boyfriend just walked over and asked her about the package?


Title: Amazon and UPS lost my item

Question: [deleted]

Answer: Unless Amazon(maybe) or UPS(not a chance), want to extend you some curiosity, you are out of luck. If you declared there was only $100 worth of goods in the box that is all they will reimburse you for.


Title: Employer violated my HIPAA rights

Question: I live in the state of Arizona. I've never had to sue anyone before so I'm not sure where I would start. I was asked to reveal my personal medical information to management by management.  My medical information that they already had was spread in the work place. Any advice would be helpful.

Answer:
 1.) Your employer (very likely) is not a HIPAA covered entity.

2.) There is no private cause of action for HIPAA violations even if they are.Answer #2: Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers' compensation, wellness programs, or health insurance. HIPAA generally does not apply to employers.

Also, HIPAA is not something you can sue over.

The ADA, however, does require employers to protect the confidentiality of employee health information in their possession.

So what exactly happened here?


Title: Rear-ended, and it's my fault? Is this legal?

Question:
To make a long story short: I was driving along 86 and a car rear-ended me. There was no traffic or construction, other vehicles, etc. It wasn't raining or anything. Basically there was no reason for her not to see me. She was passing me for a while and the next thing I know boom. She was just way too close and when I breaked she hit me.

My car (Honda Civic) was totaled by her SUV (Ford Excursion). Her insurance says they won't pay for my damages and that I'm at fault. I'm not sure how fast she was going but it was pretty darn quick. I heard her slam on her breaks for like ten seconds so just below highway speeds. Thankfully nobody was badly hurt!

Her insurance says I caused the accident so I'm 100% responsible for my own damages plus hers. I have a $1000 deductible so I dont want to call my insurance if I don't have to, but how is this legal? I thought when someone rear-ended you they were always at fault.

This was in New York.

Also I was cited for something, I can't remember and I don't have it with me. Basically I was charged with blocking traffic but I can't remember the exact charge.

So basically what's the point of having insurance at all if I have to buy someone a new car every time they break the law?? Feels like I'm getting shafted.

Answer:
 > She was trying to pass me for a long time and i guess she couldn't. So she started tailgating me and I tapped my breaks to make her back off.

You have said she was driving too close, but you also said you tapped the brakes to make her back off. At the intersection of Dumb (brake-check) and Dumber (tailgating) you get a collision with partial responsibility belonging to each of you.

You have a few choices now:

* Keep arguing with her insurance while they turn you over to collections

* File a lawsuit against the other driver and see what the courts say - most likely a shared responsibility.

* Inform your insurance of the accident and let them go after her insurance. Most likely it will be a shared responsibility and you will be paying the $1,000 deductible for your repairs.
Answer #2: I'm confused about the math on your post. You said she "slammed on her brakes for like ten seconds" but then later admitted in a comment that you tapped your brakes (brake-checking) and that's when the accident occurred. How was she both 10 seconds of braking behind you, and simultaneously tailgating you?Answer #3: She probably has a dash cam and can show you brake checked her.Answer #4: You contributed in causing an accident, now you want 100% compensation.....it doesn't work that way. Case closed.Answer #5: Why couldn't she pass you?


Title: Is there anything legally I should do?(CA)

Question:
So me and four friends were hanging out at one of their houses alone. We are all 18. We invited over this 15 year old my friends say is a slut. We tell her we’re all just hanging out. When she comes over we all get her really high.

After she’s really high we tell her to give us blowjobs she says no and looks uncomfortable but finally says yes. She gives one of my friends a blowjob and we all get naked and watch. One of my friends puts on a condom and pulls her towards him. We convinced her to give another of my friends a blowjob then she says she has curfew and we let her leave.

The next day my friends bragged about it. They said she was gross and had saggy breasts. They said she was a slut.

Is there anything the girl could do to us? She said yes so she consented right? This is just normal teen behavior?

Answer: You cannot consent under the influence. You could go to jail for corruption of a minor and rape. This is not normal teen behavior you're sick and need help if you believe that


Title: [AZ] opening mail not addressed to me

Question: My roommate is out of town. Our utility bill came in the mail, which is under their name. I'd like to know how much my portion is so that I can set aside the amount from my check. What are my options?

Answer:
 If you're that worried about it, contact your roommate and ask permission.

It is unlikely if you opened it before asking anything would come from it. The intent of the law is to not stop a responsible roommate from paying their bills.


Title: Working and hasn’t been paid for 2 months

Question:
Not my story but my friends.

So my best friend called me today (since I moved away for school and she can’t just drive around and see me) and seemed really stressed. When I asked her what was up she basically explained that she had been working and hadn’t been getting paid for the last 2 months which totals up to about $2000 (it’s casual work)and she only got paid about 6 weeks ago and only received $200 from that. Any advice I could give her?

Also she mentioned that the lady she works for has been complaining that she’s going bankrupt and into debt but still manages to buy a new car, some land for her work (runs a petting zoo) and a frickin boat. (Not like a yacht but a little fishing boat yknow)

Answer: Also, head over to r/auslegal, you’ll find people with Australian legal experience there. This sub is mainly focused on the US and Canada.Answer #2: No location given. Sounds like theft of wages. Can search online for her state and see what laws are in place for such a thing and how to proceed. May involve a police report.


Title: [IL] Sister’s crazy roommate got false restraining order against her to get her kicked out of apartment- what to do?

Question:
Names have been changed to protect identities.

My sister Katie just turned 21 this year and is in college. One of her two roommates moved out last week, and Katie decided to take the opportunity to host her first party since they had one empty bedroom for people to mingle in and use the on-suite bathroom, etc. without fear of stealing or damaging property. She asked her remaining roommate Nicole if it was ok for her to throw the party, and her roommate agreed as long as everyone left by 2 a.m. and her door stayed locked.

At 11 p.m. there were only 5 people there, so it wasn’t looking like a great turnout, BUT once bars in the area started closing, people started coming to the apartment, and by 1 a.m. there were 50-70 people there.  Nicole got a text message from a friend saying there was a huge party at her place, so she returned and got angry that the party had grown so large.  Nicole told Katie to end the party.  They argued, and Nicole tried to get everyone to leave by turning on the light, but Katie turned the light back off and they had a brief light switch war before Nicole went to her bedroom.  Katie kicked everyone out at 2 as promised and stayed with a friend that night.

The next day, Katie finds out that Nicole has filed a restraining order against her, claiming that during the light switch action, Katie hit Nicole and pulled her hair.  Katie had to go to the local police station where the detective used intimidation tactics and tried to get her to confess to beating up Nicole.  Katie insisted she never touched Nicole or even threatened her, but none of her friends were next to her during the light switch scene, so she has no witnesses to back her up.  Nicole also has no witnesses, but Nicole is rich and has a family lawyer, and they are taking Katie to court.

*(Brief background: Nicole has a history of being paranoid that people are out to get her. She filed a restraining order against her own sister once because she felt “unsafe” around her, and she considered taking action against her Amish roommate because she thought this roommate was mad at her and wanted to murder her in her sleep.)*

What is your advice for Katie?  She has to move all of her stuff out of her apartment today and has a court date set in August.  She doesn’t have a lawyer, and I told her to try to find witnesses to back her up so she’s looking into that.  Does she need a lawyer?  Katie doesn’t have the money for a lawyer, but if necessary could talk parents into helping her.

TLDR: Sister’s roommate filed a false restraining order against her in retaliation for a big party she threw at their apartment. The restraining order says my sister assaulted her, which is not true. Does my sister need a lawyer?
Topic:
Other Civil Matters

Answer: Have her comply with the order until she can attend the hearing to contest it. It's shitty but about the most prudent thing she can do at this point.


Title: Can I enforce my wish to not have my daughter's picture shared on social media??

Question:
Please forgive formatting, on mobile and all that jazz.

I adopted my daughter when she was 2. Her bio mom abandoned her and has not made contact in the last 11 years. EDIT: I forgot to mention that I live in Louisiana and the person uploading the pictures lives in Texas.

The Problem: I was contacted by a family member and given a name to search on facebook. I had never heard the name before but once I saw the pictures, I realized the profile belonged to my daughter's bio mom. She had reversed some letter to change her name. She has multiple recent pictures of my daughter that I recognized as pictures I had given her mother to share with her previously. When I gave bio mom's mother the photos, I requested they not be uploaded to social media. I just don't want photos of my children available to complete strangers.

Long story short, I reported the photos to Facebook but that just caused her to upload more. Do I have a leg to stand on with this issue??

TL;DR  Someone is posting pictures of my daughter to social media against my wishes. Can I force them to take them down? What is my best course of action??

Answer: If you took the picture then you own the copyright and can restrict the use of the pictures.  If they are pictures other people have taken of your child then you don't have any control over that--other than not putting your child in a situation where he/she can be photographed.Answer #2: have you talked with the grandmother, to see if she is aware of this? as owner of the pictures, you can file a DMCA request and/or sue, but there may be other routes to keep her grandmothers relationship open (if you want) and/or contract breaches or the adoption breach.


Title: If I find an ancient artifact in the ocean does it belong to me?

Question: Let's say I'm an amatuer scuba diver and I find an ancient statue from thousands of years ago, does it rightfully belong to me or does it belong to state?

Answer: It's going to depend entirely on where you found it. But I'd still be careful. If movies taught me anything, these things invariably awaken some sort of ancient evil that should have been left alone.


Title: Friend got in a super bad accident caused by a police officer. Will a lawsuit be a possible?

Question:
The state was Indiana. This was on a highway, so it was likely caused by highway patrol. The story was that she was going 70 mph, the officer was going 90 mph, and the officer ended up turning into my friends car forcing her off the road, due to him not paying attention. The car flipped about 5-10 times and ended up crashing into the treeline alongside the road. This couldve easily killed her, and I'm sure this will lead to some level of ptsd as my friend is super distraught over the whole ordeal.

The car was a rental, and there are minor injuries (nothing broken, no heavy bleeding/abrasions). She isn't available to really speak at the moment and I wanted to gather some information for her.

How much is the police department liable to pay in this circumstance? Do lawsuits of this nature generally turn out successful? Should she even pursue a lawsuit, or is there another legal avenue she should take? Any help would be appreciated.

Answer: She needs to talk to her insurance first, and then possibly a personal injury lawyer in her area. If the police officer is found to have been at fault, yes, the city or state or whoever employed the officer will end up paying the costs. The insurance companies have all dealt with this before--depending on how it plays out, it may never get to the lawsuit stage, as every state has a process for filing claims against a public agency.


Title: She is asking 100K

Question:
Hello,
I have been sued by the driver of this car:
http://imgur.com/M1N2rDE
The picture was taken at the moment of the accident. It was a very slow velocity impact as we were in a heavy traffic jam in the road.
She refused to call the rescue at the site but now is suing my insurance for $100K.
The letter from her lawyer says that he has not seen pictures before the accident.

Should I be worry?

Thank you very much,
PS: This is my first post in this sub. Forgive me if I am breaking the recommended format of the postings.

Answer:
 Let your insurance know about the suit, and let them handle it.  They have lawyers to fight this person and if necessary those lawyers will hire experts to testify about the likelihood of injuries and damage given the relative speeds of the vehicles.

The only thing you should be worried about is the possibility of what is called an excess judgment. That is what happens when the jury award more in damages than the face value of your insurance. You don't need to worry about that until a little bit further along in the process if it becomes clear that the case won't settle.


Title: Gf's car got towed for being in a "handicapped" spot

Question: My gf's car was recently towed. In front of our apt building is a space with the handicapped chair guy spraypainted on the pavement. There is no sign. I have been googling this matter and from what i understand, proper signage is necessary for a handicapped space to be considered legal. We are out 250. In addition, both we and our neighbor would use this space (for roughly the last YEAR), as it was a matter of convenience. There is no zone on either side of the space, it is literally just another space that the rent office decided would be handicapped. We feel as though this was an illegal tow. To add, the initial reason given by the rent office for the tow was that her registration sticker was missing. Nope. Still on there when we picked it up from the impound lot. How should we go about addressing this?

Answer:
 The rent office probably didn’t just decide to make the space a handicapped spot, someone’s probably moved in who required it. They’ve likely moved out by now or you and your neighbor who have been occupying that space with no consequence would have had trouble before this. Sign or no sign, I would encourage you to consider your convenience over the potential handicapped resident who might actually need the space in future.

That said, handicapped parking according to the ADA requires a sign, not just the painted symbol. But if you’re not in the US that may not impact local legislation.Answer #2: The ADA has regulations on what goals it wants a handicapped parking to accomplish. It lets the states develop regulations to meet these standards. Those regulations are what the building owner needs to deal with.

Your issue is that you parked in a spot that you reasonably should have known was for a handicapped person, regardless of whether or not it met the actual technical definition of a handicapped spot.

You could try your luck against the tow company in small claims, but I wouldn’t hold my breath.


Title: [Illinois] Grandfather died a few days ago and the nursing home for his mother (my great-grandmother) told her about the news without asking for our permission. We don't want to sue but we will not payments that we own. Is what we are planning on doing legal?

Question:
**I'm asking this question on behalf of my parents.**

My grandfather (my mother's father) died three days ago. My great-grandmother is 101 years old and is in nursing home not too far from where he lived. My mother is leaving Wednesday morning (November 4th) to tell my great-grandmother that her son had died.

Well without the permission of my mother, the nursing home told my great-grandmother that her son died WITHOUT our permission. I'm pretty sure this is illegal and has something to do with privacy. Also keep in mind that we are scared that she could die soon from emotional pain and us not being there (We live in California) is putting her at serious risk.

My great-grandmother has no assets and the bill for her stay has accumulated up to about $4,000. We don't want to sue for illegally telling her that her son died, but rather that we would not pay the bill for her stay. Is it legal for us to do this? My dad said he's been in a similar situation and that they can go to court for it but they won't win because of what they did.

Any advice about this would be much appreciated. Thank you.

EDIT: I apologize if this is not the right flair. I'm not sure on this type of legal situation.

EDIT 2: I would like to add that my mother is under a lot of emotional stress so I apologize for her misinformation on this subject. I'll relay the information you guys are giving me and hopefully I can have her make the right legal steps.

EDIT 3: I told my parents that not paying the bill is illegal and they understood that. I guess they were just emotional because of what was happening and were just saying threats to the nursing home at the time. Thank you all so much for the help.
Topic:
Other Civil Matters

Answer:
 I have to ask.  How exactly are you coming to the conclusion that the nursing home did not have the right to tell her that he had passed?Answer #2: No, it's not illegal for her to tell her that her son died. And it is illegal for you to not pay your bill. Answer #3: > Is it legal for us to do this?

No, not at all.


Title: Husband got a work related injury, are we able to seek compensation for it since it likely won't ever be fixed?

Question:
So my husband found out he was allergic to a certain glue that they use at his work. He was never informed of the potential of being allergic to the glue, and they didn't offer him gloves. He filed it as a work related injury, and his company sent him to a doctor where they gave him some steroid cream to use. It's been two years and his fingers have never recovered and require heavy duty lotion constantly or else they crack and bleed.

Now, he's getting sent to a dermatologist, but his doctor said that most likely his fingers will never recover and they will be like this for the rest of his life. Because of this, can he seek compensation? His work has this injury on file and were the ones to setup his doctor appointment. We don't trust his company to play nice, and so I'm looking to see if there might be a case before looking into a lawyer in Minneapolis, Minnesota.

Answer: Speak to a workers compensation attorney.  Answer #2: Yes it is likely, a workers comp attorney should be able to help.  Just a heads up employers would have no way of anticipating an allergic reaction. I don't think that were intentionally trying to cause harm by not "informing him of the potential of being allergic to the glue".  That's why workers comp insurance exists though! Best of luck.


Title: If someone dies while a criminal is committing a crime, he can be charged with murder. If someone almost dies when a crime is being committed, will he be charged with attempted murder?

Answer: No, because unlike felony murder, attempted murder requires the intent to kill.


Title: Ex-wife not following divorce agreement

Question:
My ex-wife and I were divorced about a year ago. Since that time there have been several money issues that I have let slide that I can no longer afford to let slide.  The main issue is that she is no longer paying for daycare because she says she does not require daycare. She still brings the child to daycare during her scheduled time. Our agreement says that you can refuse to pay for an activity of you don't agree with it.  However this does not appear to be the case as she is using the service.  The other issue is she does not take the kids to the doctor for any reason. I believe that this is because our agreement states that the person who brings them pays the copay. I desperately want to file for contempt of court but i do not have any money to pay a lawyer since I have been paying for daycare. Can I file on my own? What are the steps?  I am located in Louisiana.  Would a probono lawyer take a contempt of court case?  Thank yall for your time.

Edit: We enrolled the kids in daycare in 2014.  She stopped paying for daycare this summer with no notice.

Answer: So you're paying for daycare alone?  What is your custody agreement like (child spends two weeks with you, two weeks with mom, etc.)?  What is your payment schedule like for daycare?  Like, say daycare is $100/wk, do you pay $400 at the beginning of each month to cover the whole month, do you pay $100 at the beginning of the weeks you will be using it? Answer #2: What is the wording of the court order?


Title: Hypothetical: fake ID, and can you steal your own identity?

Question:
Hypothetical: what is the legality of making and using a fake ID that contains no false information?

I’m imagining a scenario in which I photoshop a document to look a lot like an ID, with my photo, name, date of birth, passport number, etc. All of this information is accurate, and is exactly as it would appear in a real ID. I go on to present this to anyone who asks me for identification, without ever stating that it is an official document, but knowing that the person asking expects to be given one and hoping they believe this to be one.

Would this be a crime? If I used the document to enter a restricted facility such as a government building or military base, could I later get in trouble for unauthorized access? If I used it to open a bank account, could I lose access to the money I deposited?

As it’s a hypothetical, any jurisdiction is relevant. Many thanks for any contributions.

Answer:
 If you create an ID that purports to be a government document but is, in fact, not, then you've committed a forgery and that is a felony pretty much everywhere.

If you just made an ID card that did not purport to be issued by the government, it would be legal (but of course, far fewer people would accept it).


Title: The school told us to come with our phones the next day, today they took them away

Question:
So today we come with our phones to take pictures of our shitty school, so i have depression and today i was feeling like shit, and i started to take pictures of the bad shit in my school, like how the toilets are fucked and everything is fucked, just for fun i wasn't like i was going to post them or anything just for fun me and my friend, so the son of the principal finds out and takes my phone away, started talking shit to me and didn't give my phone back,
can i call the police and tell them he took my phone with out permission,keep in mind they told us the get our phones.

i live in jordan btw
Topic:
School Related Issues

Answer:
 Unfortunately, we probably don't have anybody here well versed with Jordan's laws to be of much use.

Maybe try a subreddit for Jordan or your particular city/area.


Title: Apprentice/intern "doesn't participate" in daylight savings, can I legally dock his pay?

Question:
Hey everyone, I posted previously on here regarding my blacksmithing business. I have an apprentice who normally works 9-5. Since the time change however, he's been showing up an hour early each day. When I asked him about it, he said that he doesn't do daylight savings..... Before you guys say to just fire him, I like the guy and he does great work. Is there any way I can dock his pay or adjust his paid hours? I know that he has to be paid for all hours worked, but his first hour is spent sitting in his car as I haven't opened the shop up yet.

Location is Southwest USA. Thanks

Answer:
 "I don't participate in this whole *currency* thing. But it is pay day, so here's what you've earned: 2 beaver pelts and a bushel of apples. Good work."Answer #2: I bet he doesn't show up an hour early for the cinema, concerts, shop opening times etc. Has he actually conned money out of you for this? I'm going to say it anyway, Fire his ass! Answer #3: Daylight savings is not currently in effect; that ended last Sunday. Not only is his position ridiculous, he's not even applying his own rule correctly. He's clearly a nutjob; I'd write him up every time he tries to leave an hour early because his clock is wrong, and fire him as soon as he's accumulated enough of those to satisfy your performance improvement policy.

And for the love of profit, don't pay him for the hour he wastes sitting in his car. That's not work, that's jackass time, and jackass time is required to be paid in approximately 0 jurisdictions in the USA.Answer #4: Lol. Not a lawyer but practical advice, you really want to employ someone who is this ridiculous? Pretty soon they will demand their whole paycheck because they believe we are not legally required to be taxed. I just came imagine having any other reaction than laughing in his face.Answer #5: Except Daylight Savings is in the summer, not winter. We are now on Standard Time.Answer #6: I'm not normally a proponent, but maybe a drug test is in order.Answer #7: You know we are technically on standard time right now in the U.S.? Daylight savings is the time that happens after Spring Ahead and before Fall Back. Many European countries call it "Summer Time", in their own language of course.


Title: [Florida] I own a condo with my parents, and I'd like out. Is there anything I can do?

Question:
I hope this is the correct sub to post this in. I am also considering posting in a real estate sub, but I'm not sure which fits more.

When I moved out for college (less than a month after turning 18) my parents and I bought a condo near my school. They got the mortgage and I gave them money from my scholarships (after tuition and all was paid for) and rent from roommates to help them pay everything. The condo has been paid off for a year or two now.

The intent was for me to live there, then after me my brother would live there, and we'd sell once he graduated. We have a family contract saying all of this, and that my brother and I each own 25% and my parents collectively own 50%, however because my brother was 15 at the time of closing, the only names on the title are mine and my parents.'

It has now been 6 years. I've graduated, gotten married, bought a house, so on. My brother is now 21 and living in the condo with a roommate while he goes to school. His name has not been added to the title, though the contract between the 4 of us is still considered what we're going by internally (I am pretty sure this has no actual legal basis).

I am trying to start a business, and need some cash to put into it before I can get a loan. I want out of this condo, and I want my portion. I was young when I bought it and had very little say in anything at all. My parents controlled the entire process. It has increased in value a fair amount, but I am not in a position to sit around and wait while my brother graduates from college and my parents take their sweet time to sell the condo (I am certain I will have very little say in the route they take to sell it). It will probably be 2-3 years before I see my money, even though I have no control in this whole deal.

In our internal contract, it does say I can ask my parents for a buy out, however when I did they said no, that they don't even have that kind of cash on hand. Which if that's true, I get it, there's nothing I can do on that front. I don't want to seriously financially wreck my parents.

However, are there any other ways for me to get rid of my share of this condo and get my money sooner rather than later? Preferably without putting my brother out of a home or completely and utterly destroying relationships with my family.

Once again, I am very sorry if there is a better sub to post this in.

Answer: I am a lawyer, I am not your lawyer. and I'm not licensed in Florida. If I had a client in this situation, this is what I would advise: If the house is fully paid off, and your share is 25% of the value, and your parents want to keep the house there is an easy solution. Have your parents take out a home-equity line of credit for 25% of the value of the house and in exchange for that money execute a quit claim deed in their favor. Your brothers rental payments will cover the mortgage, because it's only 25% of the value of the property. The interest-rate will be low because it's over secured – and best of all you'll have your money.


Title: My mom got order to court for a hearing, can I be a translator for her?

Question: My mom fail to yiel on right and got into small accident, nothing much. Now they want to order my mom to court for questioning and I was wonder if I can go and be a translator for her or should she get a lawyer. Also I dont know much about law so is going to court bad, it just said they want to question her for a misdemeanor offense ( which is fail to yield and turn right on red).

Answer: Nope. Notify the court and they will provide a translator


Title: is this illegal

Question: i bought a car 2 years ago from my sons best friend. paid cash and have been asking for the totle ever since. while i was out of town car was reposed from my home. so the kid got the $17,000 to pay off his lease. i got no car and i got no car. kid owes me a lot of money. so can i have him arrested?

Answer:
 So many things are wrong with this:

&#x200B;

First, you think you "bought" a leased car off someone? You do realize that at the end of a lease the car is not owned by the Lessee, I hope.

&#x200B;

Second, you waited 2 years to get documentation that you own the car?

&#x200B;

Third, how have you been handling registration (license plates) as this must be renewed every year.

&#x200B;

Fourth, Insurance?

&#x200B;

IDK, you can possibly try to get the cops to charge him with some version of fraud as he sold you something that he couldn't legally sell.Answer #2: probably not, though you can sue him.  make a police report and see what they say (most likely "its a civil matter")


Title: [California] My wife and I with our 4 year old daughter use to live in a 1 bedroom first floor apartment for two years. We transferred to a bigger 2 bedroom on the second floor at the same apartment complex and now we are being evicted.

Question:
We received a Termination of Lease papers from our apartment office and ordered us to move out of our apartment in the next 60 days. The reason they gave us is because we break the nuisance agreement in our lease.

For more than two years living in the 1 bedroom first floor apartment we haven't receive any complaints about us. I believe that the people on the first floor below us complained because my toddler likes to run, jump and scream when playing.

Is there any legal action that we can do?

Answer:
 honestly if i had a 4 year old running, jumping, and screaming above me, i'd complain too.  can you move to a first floor apartment again?Answer #2: CA has a lot of tenant rights organizations that will know state and local rules.  I'd start there and then maybe an attorney for advice. Try to get this resolved or into mediation before a court date.

http://www.courts.ca.gov/27917.htm

Curious, did you get a warning or notice to correct before notice to vacate?

Answer #3: If you don't think you've broken the lease, you can wait until they take you to court and argue your case before the judge.


Title: [Canada] Asked to be the legal guardians of friends' children in their will. What do we need to know?

Question:
Our friends have 2 children and asked my fiancé and I to be their legal guardians if something happens to them. My fiancé and I have talked about it but I know we are missing lots of things from a financial and legal perspective. This is our current list of questions for our friends (feel free to ignore the non-legal ones if inappropriate). Is there anything we are missing that we need to know before making a decision?

* How is the estate to be distributed? Will the money be held in trust to be transferred to the children at a specific age? What happens if they want to buy a car or post secondary education? We know they have a $500k life insurance policy plus a farm.

* Who is the executor of their will? Will we have to deal with closing their estate and having 2 kids who just lost their parents?

* Will there be a provision for us to cover the kids on-going expenses (similar to child support)? For example, we would need to purchase a larger vehicle and possibly to renovate the basement to add another bedroom.

* Will they draw up an end of life directive (I have no idea if this is a thing) that states what they would expect in regard to family visits, holidays, religious upbringing?

* If my fiancé and I choose to move and leave the area, do we have their blessing?

* If a relative comes out of the woodwork and tries to get custody of the kids, should we fight to keep them? If our friends designate us as guardians, is it over or could there be a legal battle?

Answer:
 You, and your friends, should understand that children are not property that can be transferred in a will. A member of their family (like and aunt or grandparent) could file for custody of the children and a court would determine who they live with based on what they consider to be the best interests of the children. It is most common for court to place children with family.

If you had the children then you could move, once the parents have died they don't really get any say in lhow the children are raised by the new guardians.

The rest of your questions would be based on how the will is set up. They choose how things are distributed, who controls assets left to minors and who is the executor.


Title: [TN] My grandmother passed away, my mother need a loan of about 10k.

Question:
My grandmother passed away this Saturday. My mother needs a loan of 10k until the family can access my gram's 401k to pay for the funeral costs.

1) What should a contract include. 2) Would a hand written contract hold up? 3) Would a video of the agreement hold up. (No paper contract. )

Answer:
 1- what you are giving, when and how it is expected to be paid back, what to do if someone doesn't uphold their end of the contract

2- yes with signatures.

3- likely. Why not do both, contract and video.


Title: I got to work yesterday morning to find out that my bank account was compromised. I have PTO specifically designed for emergency time off and then I also have actual vacation PTO that would have covered it as well. I was forced by my employer to clock out for lunch to go to my bank to figure it out.

Question:
So they wouldn't pay me in an emergency (all accounts frozen, 0 access to money) and forced me to go figure out why I have no money without PTO.

Is there any legal recourse? I never call in sick unless I have to and we have sick time for that. Last week I called in for 2 days due to food poisoning and hadn't called in sick for more than 3 months before that.

All I needed was my employer to let me use emergency PTO in an actual emergency to go sort out my bank account and verify transactions and all that. As of right now the account is still frozen and I have the cash that is on me for the foreseeable future. Like $80.

Answer: Refer to your handbook for your PTO callout policy. They don't have to say yes to PTO requests.