Archive for April, 2010

What is ‘The statute of limitations’ in American law?
Statue of Limitations : A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations, which date back to early ROMAN LAW, are a fundamental part of European and U.S. law. These statutes, which apply to both civil and.

What law prohibit minors to drive motor vehicles?
Republic Act? States usually set the age at which people can drive. It’s state law. – In California, it’s the California Vehicle Code, Section 12512: http://www.dmv.ca.gov/pubs/vctop/d06/vc1.state law – Republic Act 4136 (Land Transportation Code of the Philippines) stating no minors (17 years old below) can drive any motorized vehicle.

Who would you write to?
Who would you write to if you wanted a state law to be changed? I’m upset because the state of California doesn’t allow any kind of window tinting for the drivers side window. Skin cancer rates are at an all time high. Surely this is a law that doesn’t make any sense. If they.

California State law stating rent needs to be paid for by a tennant?
Our Mobile home park manager returned our rent check stating it needs to be paid by the tennant (which is my mother-in-law) What CA state law says that the rent needs to be paid for by the tennant rather than by a resident? There is no.

Can some one give me the exact legal definition for tresspassing in CA state law?
The primary statutes prohibiting trespassing in California are Penal Code sections 602 to 602.11, which you can see at http://www.leginfo.ca.gov/cgi-bin/waisga.state law The various types of trespass are too numerous to set out here. For various social and historical reasons, it is.

Employment laws?
If an employee tenders a 2 week resignation, but the employer termintates them before the final date is the employer obligated to pay thru the final date in the resignation? I know each state law is different and it will depend on that. I am in Tennessee. If anyone can answer this I would really appreciate it!.

If a person in CA is receiving public assistance and medi-cal from the state and they go to a hospital?
for treatment does the hospital have the right to release personal medical records without patients concent because they recieve aid? Federal HIPPA Law preempts state law. The Patients consent is required under federal law. – Medical information can be.

If conflict arise between the law of state and law of conscience which one prevail?
please .. help me to answer this .. its a survey question. . . . interesting one.state law may prevail in the short-term, but if it’s to prevail in the long-term then it needs to change the conscience of the people it’s ruling. Given.

If one parent applies for custody do they have temporary custody until the court date?
Yes, at least that is the case in the state of Florida. The first parent that files will have custody until a judge rules. – depends on state law. – Said parent also must apply for temporary custody pending adjudication. Then it’s up.

How difficult is it to get a job as a lawyer after attending a good state law school and passing the bar?
Check out the employment rates for the schools you are interested in. They should list them on the school’s web site, or you could look at something like www.LSAC.org or US News who compile stats of.

Is water and air supposed to be free at gas stations in california?
i thought it was California state law that water and air be offered free at gas stations. I went to get air the other day and the attendant said i had to pay if you ask an attendent to turn the machine on they’re suppose to.

What does virginia state law say about child nudity?
What does virginia state law say about child nudity? I mean as in kids 10 years old and younger, both same sex and oposite, what does virginia state law say about these kind of things? Whats ‘ok’ and whats ‘not ok’ What kind of silly question is this? For the.

Which 3 professions allow you to withold information from the law?
i remember the first two..a priest and a lawyer but what’s the third? Lawyer, priest, and psychotherapist. THERE IS NO DOCTOR/PATIENT CONFIDENTIALITY UNDER FEDERAL LAW. Federal law only recognizes psychotherapists. All doctor/patient confidentiality arises under state law. Therefore the only guaranteed nationwide confidences with professionals are lawyers, priests,.

Why isn’t Kansas covered by the Federal Fair Labor Standard Act?
I saw that their minimum wage is 2.65 an hour. Why is it lower than the federal minimum? Kansas is covered by the FLSA. In this situation where you have a federal law and a state law, the higher standard applies. http://www.dol.gov/esa/minwage/america.h.state law Also, in Chapter.

how does my Dad write a habeus corpus paper to get out of jail and who does he send it to?
This is a VERY DIFFICULT question dependent largely on state law, because failure to exercise state remedies can prevent future claims under the Prison Litigation Reform Act. It also depends upon whether he was convicted in federal.

Arkansas state law – how to get them changed?
So I want to change an Arkansas state law. Specifically, lift a moratorium that was written into law in 2005. I understand the part where the average person cantacts a respresentative and the bill must be introduced yada, yada, yada. I need more specifics and insight into the process. Do.

Cell phone use while driving a motor vehicle..?
New York state law passed NO cell phone use unless using a hands free device many years ago. What is Florida waiting for?? People are killing themselves and others. Driving like they are heavily sedated, on drugs or drunk. Wreaking havoc on our already dangerous highways and roads. It should be.

Anyone know when the national seat belt law was first passed? Are wood bumpers legal?
In 1984 New York became the first state requiring the use of seatbelts, but only for front seat passengers. In 1978, Tennessee had passed the first state law requiring children to be restrained, as a result of a long campaign by a leading.

How do I get My child back?
I have went back and forth to court trying to get residential custody back for my son he doesn’t want to live with his father he wants to remain with me although he is only 6 doesnt he have rights too or isnt there a NY state law that can help me.

How do I make a state law?
There is suprisingly little information on this on the web. I want to know how the average Joe can submit a law idea from cradle to grave. Are there templates, forms? If so, where? You should make an appointment with your state representative to talk with her or him about your idea..

How far back does Lowes go when they conduct background checks for potential zone managers?
I was hired for a zone manager position for at Lowes home improvement. I had a felony conviction 10 years ago. Is there a Florida state law that only allows employers to look back 7-10 years, or do they conduct a ‘life’ background check?.

I have a law question about someone committing fraud. I’m hoping an expert can answer this for me.?
I live in a condominium community in Ohio and our association by-laws and I think there is some kind of state law that says you have to be a condominium unit owner to serve as president of the board. You can.

In Indiana,what is the state law concerning how close you can put a fence to neighbors property line?
You should check your municipal ordinances. In the city of Garrett, for example: No fence, or artificially erected man-made screen or barrier, can be erected beyond the front of a dwelling or primary building. This allows fire truck or EMS.

Inspection at a daycare.?
Next friday is the state inspection of the daycare I work at. We were informed by the director that it is a state law in Pennsylvania that we are not allowed to leave the building during inspection and if we do we immediatly get terminated. Is this really a state law. If so, does the.

Is it against any New York law saying that if you let your 14 year old daughter go to Canada with her 16 yr bf
My mom says she can get arrested for letting her 14 year old daughter go to canada with her 16 yr old boyfriend or that its against a new york state law.is this true.

Is it illegal in the state of michigan to date a girl that is 17 and the guy is 21?
its been a 4yr relationship just curius if it is illegal or if she has the right to be with someone who is older than her while she is a minor. Read the state law, regarding age of consent.

Is it true that a landlord by law is supposed to pay @ least 1 utility bill @ his rental house?
Housing laws vary from state to state and county to county. Check with the local housing authority. – each state – Not in any of the 3 states I’ve rented in. Could be a state law for.

Quotation oflaw which restricts carrying pets into supermarkets in Washington state?
what is Washington state ordinance or laws governing same. Can’t find a state law for that. There could be county and/or city ordinances. And typically stores would set that as their policy to avoid liability issues even without a law. (Although they cannot refuse entrance to service dogs.

Should federal law always superced state law?
For instance, demographically speaking, our states(U.S.) are rich in culture and diversity. Should federal laws always trump those of state laws when it comes down to social/cultural differences among states? For instance, laws that may be deemed suitable for Texas residents is not for those living in New York. Wouldn’t it seem.

We should legalize hanguns.?
its in our 2 amendment Hand gungs are not Illeagal, except in communist states. – What is a ‘hangun?’ Hand guns or hangings? – Hand guns are legal. Learn to spell. And learn to read too. – They are legal where I am, it’s your state law that effects legality. – Handguns are legal invirtually.

What is Jacob’s law?
‘Jacob’s Law’ is a South Carolina state law (not a Federal law) that does the following: 1. Beginning July 1, 2000, any entity transporting pre primary, secondary school students to or from school, school related activities, or child care must use a school bus as defined by federal law. School buses must meet all.

More State law questions please visit : LawFreeFAQ.com

LawFreeFAQ.com

What is ‘The statute of limitations’ in American law?
Statue of Limitations : A type of federal or state law that restricts the time within which legal proceedings may be brought. Statutes of limitations, which date back to early ROMAN LAW, are a fundamental part of European and U.S. law. These statutes, which apply to both civil and.

What law prohibit minors to drive motor vehicles?
Republic Act? States usually set the age at which people can drive. It’s state law. – In California, it’s the California Vehicle Code, Section 12512:- Republic Act 4136 (Land Transportation Code of the Philippines) stating no minors (17 years old below) can drive any motorized vehicle.

Who would you write to?
Who would you write to if you wanted a state law to be changed? I’m upset because the state of California doesn’t allow any kind of window tinting for the drivers side window. Skin cancer rates are at an all time high. Surely this is a law that doesn’t make any sense. If they.

California State law stating rent needs to be paid for by a tennant?
Our Mobile home park manager returned our rent check stating it needs to be paid by the tennant (which is my mother-in-law) What CA state law says that the rent needs to be paid for by the tennant rather than by a resident? There is no.

Can some one give me the exact legal definition for tresspassing in CA state law?
The primary statutes prohibiting trespassing in California are Penal Code sections 602 to 602.11, which you can see at The various types of trespass are too numerous to set out here. For various social and historical reasons, it is.

Employment laws?
If an employee tenders a 2 week resignation, but the employer termintates them before the final date is the employer obligated to pay thru the final date in the resignation? I know each state law is different and it will depend on that. I am in Tennessee. If anyone can answer this I would really appreciate it!.

If a person in CA is receiving public assistance and medi-cal from the state and they go to a hospital?
for treatment does the hospital have the right to release personal medical records without patients concent because they recieve aid? Federal HIPPA Law preempts state law. The Patients consent is required under federal law. – Medical information can be.

If conflict arise between the law of state and law of conscience which one prevail?
please .. help me to answer this .. its a survey question. . . . interesting one.state law may prevail in the short-term, but if it’s to prevail in the long-term then it needs to change the conscience of the people it’s ruling. Given.

If one parent applies for custody do they have temporary custody until the court date?
Yes, at least that is the case in the state of Florida. The first parent that files will have custody until a judge rules. – depends on state law. – Said parent also must apply for temporary custody pending adjudication. Then it’s up.

How difficult is it to get a job as a lawyer after attending a good state law school and passing the bar?
Check out the employment rates for the schools you are interested in. They should list them on the school’s web site, or you could look at something like www.LSAC.org or US News who compile stats of.

Is water and air supposed to be free at gas stations in california?
i thought it was California state law that water and air be offered free at gas stations. I went to get air the other day and the attendant said i had to pay if you ask an attendent to turn the machine on they’re suppose to.

What does virginia state law say about child nudity?
What does virginia state law say about child nudity? I mean as in kids 10 years old and younger, both same sex and oposite, what does virginia state law say about these kind of things? Whats ‘ok’ and whats ‘not ok’ What kind of silly question is this? For the.

Which 3 professions allow you to withold information from the law?
i remember the first two..a priest and a lawyer but what’s the third? Lawyer, priest, and psychotherapist. THERE IS NO DOCTOR/PATIENT CONFIDENTIALITY UNDER FEDERAL LAW. Federal law only recognizes psychotherapists. All doctor/patient confidentiality arises under state law. Therefore the only guaranteed nationwide confidences with professionals are lawyers, priests,.

Why isn’t Kansas covered by the Federal Fair Labor Standard Act?
I saw that their minimum wage is 2.65 an hour. Why is it lower than the federal minimum? Kansas is covered by the FLSA. In this situation where you have a federal law and a state law, the higher standard applies.  Also, in Chapter.

how does my Dad write a habeus corpus paper to get out of jail and who does he send it to?
This is a VERY DIFFICULT question dependent largely on state law, because failure to exercise state remedies can prevent future claims under the Prison Litigation Reform Act. It also depends upon whether he was convicted in federal.

Arkansas state law – how to get them changed?
So I want to change an Arkansas state law. Specifically, lift a moratorium that was written into law in 2005. I understand the part where the average person cantacts a respresentative and the bill must be introduced yada, yada, yada. I need more specifics and insight into the process. Do.

Cell phone use while driving a motor vehicle..?
New York state law passed NO cell phone use unless using a hands free device many years ago. What is Florida waiting for?? People are killing themselves and others. Driving like they are heavily sedated, on drugs or drunk. Wreaking havoc on our already dangerous highways and roads. It should be.

Anyone know when the national seat belt law was first passed? Are wood bumpers legal?
In 1984 New York became the first state requiring the use of seatbelts, but only for front seat passengers. In 1978, Tennessee had passed the first state law requiring children to be restrained, as a result of a long campaign by a leading.

How do I get My child back?
I have went back and forth to court trying to get residential custody back for my son he doesn’t want to live with his father he wants to remain with me although he is only 6 doesnt he have rights too or isnt there a NY state law that can help me.

How do I make a state law?
There is suprisingly little information on this on the web. I want to know how the average Joe can submit a law idea from cradle to grave. Are there templates, forms? If so, where? You should make an appointment with your state representative to talk with her or him about your idea..

How far back does Lowes go when they conduct background checks for potential zone managers?
I was hired for a zone manager position for at Lowes home improvement. I had a felony conviction 10 years ago. Is there a Florida state law that only allows employers to look back 7-10 years, or do they conduct a ‘life’ background check?.

I have a law question about someone committing fraud. I’m hoping an expert can answer this for me.?
I live in a condominium community in Ohio and our association by-laws and I think there is some kind of state law that says you have to be a condominium unit owner to serve as president of the board. You can.

In Indiana,what is the state law concerning how close you can put a fence to neighbors property line?
You should check your municipal ordinances. In the city of Garrett, for example: No fence, or artificially erected man-made screen or barrier, can be erected beyond the front of a dwelling or primary building. This allows fire truck or EMS.

Inspection at a daycare.?
Next friday is the state inspection of the daycare I work at. We were informed by the director that it is a state law in Pennsylvania that we are not allowed to leave the building during inspection and if we do we immediatly get terminated. Is this really a state law. If so, does the.

Is it against any New York law saying that if you let your 14 year old daughter go to Canada with her 16 yr bf
My mom says she can get arrested for letting her 14 year old daughter go to canada with her 16 yr old boyfriend or that its against a new york state law.is this true.

Is it illegal in the state of michigan to date a girl that is 17 and the guy is 21?
its been a 4yr relationship just curius if it is illegal or if she has the right to be with someone who is older than her while she is a minor. Read the state law, regarding age of consent.

Is it true that a landlord by law is supposed to pay @ least 1 utility bill @ his rental house?
Housing laws vary from state to state and county to county. Check with the local housing authority. – each state – Not in any of the 3 states I’ve rented in. Could be a state law for.

Quotation oflaw which restricts carrying pets into supermarkets in Washington state?
what is Washington state ordinance or laws governing same. Can’t find a state law for that. There could be county and/or city ordinances. And typically stores would set that as their policy to avoid liability issues even without a law. (Although they cannot refuse entrance to service dogs.

Should federal law always superced state law?
For instance, demographically speaking, our states(U.S.) are rich in culture and diversity. Should federal laws always trump those of state laws when it comes down to social/cultural differences among states? For instance, laws that may be deemed suitable for Texas residents is not for those living in New York. Wouldn’t it seem.

We should legalize hanguns.?
its in our 2 amendment Hand gungs are not Illeagal, except in communist states. – What is a ‘hangun?’ Hand guns or hangings? – Hand guns are legal. Learn to spell. And learn to read too. – They are legal where I am, it’s your state law that effects legality. – Handguns are legal invirtually.

What is Jacob’s law?
‘Jacob’s Law’ is a South Carolina state law (not a Federal law) that does the following: 1. Beginning July 1, 2000, any entity transporting pre primary, secondary school students to or from school, school related activities, or child care must use a school bus as defined by federal law. School buses must meet all.

More State law questions please visit : LawFreeFAQ.com

LawFreeFAQ.com

Divorce for everyone is a long and painful process. Divorce does not only affect one aspect of your life, it affects all of them. In some situations, there is apparently no option other than divorce but religious or moral beliefs may prevent abused or maltreated spouses from seeking legal counsel. This is especially true for the Memphis lawyer who serves a fairly conservative community. The legal alternatives to divorce come mainly from the period before the easy availability of modern divorce. They maintain basic duties of support and the status of man and wife but relieve the spouses of the duty to live together and serve to separate property interests. In Tennessee, remember, in case of a divorce, all property acquired up to the time a divorce is filed is usually considered marital property.

The first option for those trying to avoid divorce is marriage counseling. While not a legal option, it should be your first step if nothing else to ensure a clean conscience. You may have considered this before, but simply concluded it would not make a difference. Marriage counseling is effective because it makes all the underlying issues of your marriage come to the forefront. For counseling to work, you must evaluate your marriage for improvement. You cannot realistically expect for a one time 30 minute counseling session to save your marriage. Instead, it will take time, hard work, and dedication from each spouse to commit to changing their lives for your marriage. Marriage counseling can come from your pastor, family, friends, therapist, or other counseling service dedicated to saving marriages.

The second option is annulment. Traditionally, certain acts such as co-habitation, setting up households, or being able to bear children were requirements before a marriage ceremony created a valid marriage. So if you’ve realized you made a bad decision, but are unable to seek a divorce for a religious or moral reason, then immediately seek legal advice. A divorce may not be necessary.

A third option is separation or divorce from bed and board. The legal duties of fidelity remain. A legal separation for two years without minor children gives the other party grounds for divorce and a court may sua sponte order the parties divorce, but if you cannot ask for a divorce, then this may be the only option available to you. The legal issues of child custody, support, and property can all be dealt with accordingly. A separation order can be temporary or permanent.

A fourth option is an order of protection. Unfortunately, in Memphis these are granted in the inferior general sessions criminal court unless a divorce or perhaps a legal separation is concurrently sought. This means support and custody issues frequently are not dealt with at this stage. This is an effective way to keep an abusive spouse away from the home without seeking a formal divorce.

The important thing is to contact a Memphis lawyer or a lawyer in the appropriate area who usually works with family law issues. Most lawyers aren’t just divorce lawyers but work with custody, adoption, and other family law issues. A good family lawyer will always be willing to discuss alternatives keeping your religious and moral preferences in mind.

The author David Sandy practices law including Memphis divorce and publishes articles concerning divorce with a Memphis bent at www.memphisdivorceblog.com .