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What happens if the supreme court ends in a tie? law answers (499586)

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Forced court appearance for speeding ticket--Q

A:  Probably since you are old enough to have a regular license, the cop overlooked your friends in the car, and I would not bring this up in court. However, even though you are old enough, the cop can''t do anything about the fact that you do still have the learner''s permit, so any ticket that he does write is going to mean you have to go to court. I would go ahead and upgrade the license, but you may still have to appear in court. After you upgrade, go to the court to where you would pay a ticket, and check with them. If you do go to court and it gets brought up that you still have the learner''s permit in the first place, just explain...

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my 18yr old son has been charged with section 18, what sentence can he expect?

A:  It seems to me what you have said already, that its your sons word against lots of others. If it goes to crown court, the jury will see the victim without seeing his record. Its a shame your son''s friends are not confident enough to make their own statements, because of intimidation. This sadley is the norm amongst young people these days. with the amount of violent crime these days who could blame them. Its easier said than done for tehm to take a stand against thugs. I feel that the best your son can hope for is his previous good character. try to provide his solicitor with character references if you can. These can be from anyone, a church young peoples center, youth club he as attended, any sport affiliation he may have( does he play...

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Filing Internationally in view of Eolas, etc

A:  As a preliminary matter, I''m not sure what a "business method patent" is.  There''s no such category in US law and it was, at best, a mythical creature about whose existence many speculated and debated.  I suppose the closest thing I''ve heard of that could be considered a pure business method innovation would be one that requires examination of contracts and/or business entity formation documents to determine whether there is any infringement. If, on the other hand, you''re thinking of something like a new and non-obvious user-interface for an on-line shopping experience, that''s not a business method patent -- that''s an HMI (human-machine interface) patent. The reason that I bring this up is that I think the distinction means something, at...

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Ex was in prison - is he exempt from child support?

A:  Florida takes an approach recently described by its supreme court in Dep''t of Revenue v. Jackson, 846 So. 2d 486 (2003): Quoting Florida Child Support During Incarceration[P]ursuant to section 61.14(1)(a), a parent seeking modification of child support payments because he or she is unable to pay the installments due to incarceration may file a petition to modify with the trial court that entered the original child support order. Thereafter, the trial court shall hold the petition in abeyance and place the matter on its inactive calendar for the term of the obligor parent''s incarceration. During this time, the petition is not subject to dismissal for failure to prosecute, and the...

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Break in at apartment complex

A:  What sort of dollar figure are you talking about? Did your insurance pay for the repairs? There's always a reasonableness term built into contracts. If the gate was repaired in a reasonable time, the property owner may avoid liability. Also, it's possible your contract limits their liability to a specific amount. I agree with Ford, it kinda hinges on the lease as well as the reasonable time. Many well written leases limit a LL liability or deny any claim that any security measures are meant as a guarantee. My lease states any security measures taken are strictly to protect the LL's property and interests and is not intended to safeguard tenant property. Another way to look at it is your apartment. The LL provides a door with a lock on it. This in no way should be...

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Oregon Unlawful Eviction/Conversion/Small Claims court

A:  If you could hit "enter" twice in future posts vs. once, that would create actual paragraphs; makes stuff easier to follow. I presume you followed OR statutory protocol with regard to rent withholding. You don't say why you never filed a petition in landlord-tenant court/effectively sued landlord to address the issue of what he was doing after you received that letter in December. "I am now living in California ...." You kinda skipped the part about when you moved out. "If I file in Small Claims court- in Oregon- would the Statute of Limitations apply to the fraudulent "vacate" date of Sept 19th or the actual date of discovery of Dec 21st?" You don't bother saying under what cause of action...

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what can I do? Wisconsin

A:  I''m not sure whether they''re doing anything wrong either. A salary based on a draw against commission and "reconciling" that when the employee leaves is not illegal. I''d suggest you give WI''s Department of Labor a call (the Department of Workforce Development) and see what they say. 608-266-6860 I do not think you owe the employer anything. The employer is required to settle the commission, under FLSA part 516.16, earned/paid at least every month, as a minimum. Once the settlement is completed, it starts all over again. The main reason is to prevent this exact issue from happening. If the employer failed to have a regularly schedule settlement period, the commission payment arrangement may be denied by the federal Labor dept, and if over time was worked, over time must be...

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Can HOA board member legally sign an agreement that was not approved by the Board?--Q

A:  The answer lies in the bylaws of the HOA, the terms of the agreement deeding the land to the city, and the terms of the agreement deeding the land to the HOA, and any number of other circumstances. Whether the Board needs to approve, or whether a member has authority to act on behalf, is up to the HOA bylaws. Generally, land that was deeded to the city does not belong to the developer any more, and cannot be deeded by the developer to ythe HOA. Google "nemo dat". What happens if the developer tried to deed things it did not own is anybody''s guess. Whether the developer can be compelled to make improvements is also anybody''s guess. Why were they compelled in the first place? Why haven''t they? Have...

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Teen son moved in with older sis for better school

A:  Although we cannot tell you what to do, the best thing is always to tell the truth. If it were me, I'd fill out the form, send it back and tell Dad the truth about where he is living and what you are doing with the child support. If Dad doesn't like it, he can file for custody but it's unlikely that he would get a court date before December. Once your son turns 18, he is legally an adult, can live wherever he wants to. If child support is to continue until he graduates from high school, even though he is 18, then child support continues until graduation, period. Look at it this way, some NCPs are required to pay child support all the way through college for their kids. Even if the child is living in a dorm room in another state, the custodial parent...

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Invest together in real estate with friends?

A:  "Do you think it is a good idea to invest and live together in purchased real estate between the 3 of us to avoid high rental prices? Or, either rent together or purchase real estate separately?" These aren't legal questions. :) "Is this a good idea?" We can't know. It may or may not be. Depends on any number of things we can't know from here. "If so, what are some things we need to write up in a contract and agree upon?" If you're talking about buying and then living together, you'll want a joint venture or partnership agreement as to everything and the kitchen sink, including: cleaning (get maid service); pets and any required approval of same, etc.; how you go about choosing any realtor or property manager, if...