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What laws - state or federal - are broken when a person enters the u.s. illegally? ? answers (297679)

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Q: 

My property manager, throughout the course of lease, repeatedly dropped by without notices and bullied us, threatened us with eviction, and entered our property without 24-hour-notice or our consent. I am interested in pursuing legal action against them, but I am not sure what law to cite as reason. I have been told that this is totally illegal and a violation of my tenant''s rights in California, but I''m having trouble finding the actual legal clause that states this. What should I look at to help form a case? I had 5 roommates who all experienced this treatment.

A:  Entry of dwelling by landlord is covered by Civil Code section 1954. The Code does not specify a penalty for non-compliance, so I suppose on this topic ypu''d have to plead and prove some amount of money damages in order to recover more than a nominal sum....

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Thank you for the 3 prior reponses regarding my mothers estate.Home and stock in a trust - her cash and cd''s she decided not to put in the trust with the bank.My mother is recently deceased, and I understand that since she left her monies in a joint account with myself (trustee of her estate), that ''legally'' her monies are mine. Here is the dilema which I did not explain in my prior email.My mother had decided (and had spoken to her lawyer) that even though she had made the trust for her cash/cd''s over 6 years ago, she based it on my fathers wishes who had passed several years before that. She was never comfortable with his decision, due to family issues - being that two family members were estranged, promises made to my dad before his passing about my mom (never kept promises), and basically no time for my mom (yes, same old family issues)er. As early as some months ago, she told her attorney she was undecided what she wanted to do, that she might change her mind and disperse monies ahead of time at her descresion she wasnt sure what she really wanted.. Her issue was, that she felt it was unfair that 3 of my siblings shared equally in her ''cash'', yet, she felt that was unfair to the one that constantly was here to help take care of her with me, and help with my dad, and spent many times enjoying and sharing with my folks. She told me about 4 weeks before her passing, she would leave it up to me to disperse her monies (yes, I am joint) as long as two of my brothers got something (besides the stock which is in a trust) Again, she left her house and everything in it to me (and up to my descresion if I wanted to give anything in the house away). She left her money in a joint account with me, which, I am not comfortable with in the sense, what do I do that is fair? I know she wanted my one brother to receive monies because he did so much for her over the past 35 years, and two brothers were too busy to care. She pained over that over and over for years. So what is right thing to do? If, I leave the money where it is, actually, i suppose, legally it is/or will be mine, do I gift monies out at my descresion? California law states max gifted is 13000.00 per person. Do i have to pay taxes, do they? Her cash estate is less then 100k. I want to do the right thing, based on what she wanted, but she wasn''t sure what she wanted, and wasnt sure she wanted what she expressed in the trust.for her cash. .Also, her old attorney is very nice, and very professional. However, I have always felt intimidated by him. That''s just my personality flaw and nothing against him. I am the executor of mom''s estate, and have a boatload on my plate and right now, I am more into missing my mother, then the details of legal issues. I would feel more comfortable with a lawyer,who wasnt so imposing. I know my mom would want me to take care of things as soon as possible, and I would really like to at least disperse the stock in the trust to my brothers asap. Do I have a time frame in california that I have to start processing all this paperwork or that a time frame when I must see an attorney? I am the only daugher, and right now, just devasted about my mom, but, I just want to do the right things, in the right order.

A:  There are things that you need to do in terms of trust administration. There are notices that should be sent to beneficiaries and other formalities to attend to. Working with an attorney is the best way to handle these administrative details and I would advise you to find an attorney that you are comfortable working with as soon as possible. That way the attorney and his staff can deal with some of these issues, leaving you with more time to deal with, as you say, what is on your plate already. I would be happy to discuss this with you in person or over the phone. Please feel free to contact me....

Q: 

I have been renting a duplex for about seven months now and haven''t really had any issues. Recently, however, I realized first-hand the rate of crime that has been going on in my neighborhood. Last week there was a police officer shot two blocks away, a church was broken into and vandalized, my car and my neighbor''s car were both broken into and personal property stolen, and numerous other crimes of a similiar nature. I called my landlord to explain to her that my wife and I no longer feel safe living here and asked her if she could end our lease early and replace us with new tenents. She got into a legal arguement with me about how I signed a binding document that forces me to stay there, etc, etc, etc... I looked through my lease a few times and the only thing dealing with shortening a tenent''s term is this: ''If the Tenant moves out, or is eveicted, prior to 6 months residency, a rerent levy will be charged to the Tenant of either the remainder of lease term, or unti lthe property owner can secure new occupants. Property owner will make every reasonable effort to locate new tenants as soon as possible.''So my question is, since I''ve been living here for 7 months on a 12 month lease, would I be safe to give my 30 day notice and move out without any legal consequences? From what I understand in the clause above, as long as I reach 6 months of the 12, I won''t be held responsible for maintaining the rent while she looks for new tenants. Thank your for your time,-Sam

A:  Normally, if you move out before the expiration of a 12 month lease you are obligated for the remaining term of the lease. But the clause you quote makes one wonder: why ''prior to 6 months residency''? I''d have to look at the entire lease to see if early termination is possible....

Q: 

labor law violation?

A:  You'll have to seek assistance from an attorney who could become more familiar with your situation, but I would question your comment: "I have had back problems for many years but since I began working for this company I have been hurt many times."  Has your company been aware of your "before-and-after" physical problems, or is this something you are bringing to their attention now? Basically it sounds like you are asking for a job re-creation because of your back. It could be that job restructuring would impose an undue hardship upon your employer; and, the likelihood of ADA-protection is quite remote. Doctors' notes aren't law; they are...

Q: 

Arizona residents:Why is there such a fuss over your new immigration law?What''s so bad about it?

A:  Anyone who APPEARS to be Mexican can and will be pulled over for every little offense, and be forced to prove their citizenship. Would you like it if you had to prove YOU were a citizen every day? The problem with the AZ law is that its not strict enough to prevent the illegal invasion. If these illegals faced the possibility of getting shot, they''d probably rethink the trip across the border. Anyone who b*tches about US immigration laws needs to go take a look at Mexico''s laws regarding foreign residents, legal and illegal. They make ours look cheerful and accepting by comparison. In any case I don''t live in Arizona, but I''m in Colorado and we get tons of illegals from Arizona. If people have a problem with it then maybe they should...

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If Amnesty is awarded 20mil illegals, what message is being sent to Americans about they're laws?

A:  I believe that most people can see that it will be almost logistically impossible to remove that many people. So, why not have some kind of amnesty for the people here now but just strong arm the people trying to cross in the future? Put a stop to future illegal immigration. Just my opinion. It shows that a politician will crumble to keep his office. The laws, like many we have elsewhere, are not enforced now! Just like when they adopted the Brady Bill. There were already laws on the books to handle the problem, they just did not enforce the laws. Same with immigration, they are here illegally! Why would you want to reward them by letting them stay. That would be a slap in the face of Legal...

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With Arizona''s immigration law must policehave a reason to stop you other than suspicion that you''re an alien?

A:  if a person gets pulled over for a specific reason, police have the right to ask for documentation. this has been happening for years in every state. so what is the difference in az? its all the same people. There was another law that was passed after that. It changes and invalidates parts of SB1070, including the part you quote. You are correct, though, the original law absolutely did say that any suspicion, including your neighbors reporting you as illegal would have been covered. The original SB1070 says reasonable suspicion not probable cause. But the law was so bad and the law was so racist that the right-wingers needed to change it by passing an additional law which struck down parts of SB1070. Its ironic that...

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How many monthly payments do you have to miss before the mortgage lender attempts to Foreclose on a home?

A:  There''s been no ''change of law at the federal level'' regarding foreclosures. A foreclosure is a local issue subject strictly to state laws. Generally they can start the process after one missed payment though most will wait for 2 or 3 at least. Legally a lender can start foreclosure 1 DAY after a payment is missed. Most wait until 2 or 3 payments are missed but they are not required to. Oh the banks want your home bad even if it sits empty for years they don''t care as long as your not in it. I went thought this years ago and that is what they told me. Best not to even talk to them as you will end up with a break down. Just do your best with the payments and if you see your getting to far behind, leave and find...

Q: 

Will the Mr. Methane defense help you in your battle with Directv?

A:  starwars <nobody...tatooine.homelinux.net> wrote: DTV sends an "end user" (hacker) a demand letter: As you are aware, directv''s end user development group investigatesmatters and allegations relating to the illegal reception and use of directvsatellite television programming. This office has obtained business recordsindicating your purchase, possession and use of illegal signal theftdevices, in violation of federal and state laws, to obtain directv satelliteprogramming without payment to or authorization from directv. We haveattempted to contact you to discuss this matter further and to finallyresolve this matter. Directv recently filed lawsuit against 6465 individuals...

Q: 

Remote Viewing, Out of Body Experiences, Prayer, UFO''s

A:  "What if they could prove you could operate the UFO controls or match mind frequency emission records?  Is there a law against it federally or criminally?" You, or whomever this involves, will probably get in trouble. (Sorry, I can't quote a specific case citation, the regulations or statutes). You might ask your doctor if he is familiar with comparative cites that could result from your ability to affect reality. Good luck!   Since the government's position, I believe, is that UFOs don't exist, there aren't any criminal statutes that govern something like grand theft UFO. Criminal charges are composed of elements.  There are physical/factual elements, and sometimes mental elements.  For example: