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Everything posted by FindLaw_Sarah

  1. Did anyone explain why you were not able to view the contract after providing an electronic signature? An electronic contract is a document that is created, transmitted and signed, all in electronic form. In addition, "clickwrap" or "clickthrough" contracts are another form of an electronic contract. These contracts are typically found in user agreements attached to software. The user of the software must click "I Agree" at the end of the user agreement before the software license becomes official and the software becomes usable.(FindLaw) Generally, contracts with electronic signatures are regarded as just as valid and enforceable as other contracts. Electronic Signatures in Global and National Commerce Act (ESIGN) is a federal law regarding this topic and should be a good starting point to your research. Continue your research with these links: Contracts and Electronic Signatures The Internet and E-Commerce Arrange a free consultation with an internet attorney. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  2. Are you renting or leasing commercial space? Do these trees border space that is considered a common area for a business complex? If so, does the business complex have regulations pertaining to tree cutting?
  3. Service of process is method of providing notice to another party regarding a lawsuit or some other legal proceeding. Notice consists of a copy of the complaint and a summons to appear in court. If a party does not receive notice of a lawsuit, the court will dismiss the case. (LawBrain wiki) Attorneys generally are empowered with the legal right to serve papers. Frequently, attorneys will hire process servers to complete the service of process. New Hampshire civil procedure rules will determine what steps are appropriate for service of process. Are you referring to a civil or criminal trespass? Section 635:2 governs criminal trespass in New Hampshire and should be a good start to your research. You may want to schedule a free consultation with New Hampshire attorneys. Good luck.
  4. Are you referring to the lights on a fire truck? Is your fire truck considered government or personal property? Generally, fire trucks are considered government property and any adjustment is considered an expense to the fire department (typically a branch of the local government). Please provide the name of your jurisdiction. Good luck.
  5. Are you asking if your son needs to appear in Colorado traffic court? Does the ticket given any indication as to what next steps to take? Here are a few suggestions and resources: Make sure the traffic ticket provides you all the information typically found on the ticket. If you are considering challenging the ticket, then take notice of any appeal information found either on the ticket or received in the mail. Try to have a good grasp of Oklahoma traffic laws that pertain to your matter. Arrange a free consultation with an Oklahoma traffic ticket attorney. Good luck.
  6. You can check the Vehicle and Traffic Code for Texas regarding the radar gun adjustment. Generally, you should receive information in the mail regarding how to appeal a ticket. Do you know where the applicable traffic court is? You can contact the clerk's office for that court directly for information regarding appeal procedures. Consider scheduling a free consultation with a traffic ticket attorney from Texas for information. Good luck.
  7. Traffic laws vary depending on the jurisdiction. Different states or cities have varying regulations regarding signage and where to place such notifications. Here are a few suggestions and resources: Check what information is on the ticket. Try to identify what traffic code section applies and determine if the section can be challenged. Are you considering fighting the traffic ticket? Check the traffic laws that apply to your jurisdiction. Consider arranging a free consultation with a traffic ticket attorney. Good luck.
  8. The answer will depend upon the laws of your jurisdiction and the regulations governing that law enforcement agency. Small law enforcement agencies frequently share resources and at times may assist each other for different purposes. Where are you located?
  9. The general public usually may report infractions to law enforcement. The challenge becomes whether law enforcement can gather the evidence to prove the infraction. You can check Minnesota's Traffic Regulations for information. Do you think you need a free consultation with a traffic ticket attorney from Wadena? Good luck.
  10. What are the circumstances of the situation now? Do you have a car accident attorney representing you? Frequently, insurance companies pursuing such a lawsuit also have a motivation to settle the case rather than going to court. The settlement amount varies depending upon the insurance company and the amount of damages sought after. Good luck.
  11. The answer depends on the laws regarding intestacy in your jurisdiction. Intestate succession occurs when the deceased leaves no will to dispose of their property. Each state will have different estate planning laws that determine how an executor is appointed. What state are you located in? You may want to meet with an estate planning attorney in your jurisdiction for information. Good luck.
  12. How was the house paid for? Did you and your wife contribute money to the purchase? Generally, in community property states all property purchased during marriage is equally distributed upon divorce. However, there are exceptions to this general rule which includes if the money used to purchase the property originates from the person's separate property (i.e. inheritance). Also, if the property was in your wife's name, then under you jurisdiction's laws she probably had a right to bequeath it to whomever she determines. Where are you located? Continue your research with these links: Estate Planning Center State Estate Planning Laws Arrange a free consultation with an estate planning attorney. Good luck.
  13. Are you asking if your Mom may attend the funeral? Is this any property involved with your question? What legal concerns do you have? Please provide the name of your jurisdiction in future posts. Good luck.
  14. In what state is your vehicle impounded?
  15. Will you friend's license be returned after the 6 month program ends? Generally, the terms of a program and other conditions are arranged by the criminal defense attorney and the presiding judge. Also, the criminal code of Maryland probably has information regarding what rules your friend must follow. You may need to consult with local counsel for this one. Good luck.
  16. Do you think there are any circumstances that can justify the officer's actions? In order to detain a suspect, the officer needs generally to have probable cause to search the vehicle and arrest the suspect. Probable cause is based on reasonable belief which is substantiated by facts showing that criminal activity may be occurring. Here are some links for you: Probable Cause (LawBrain wiki) Your Rights in the Criminal Justice System (FindLaw) What state are you located in?Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Arrange a free consultation with a criminal defense attorney (FindLaw Lawyer Directory). Good luck.
  17. Did the landlord hire these contractors? Are you considering bringing a legal claim against the landlord or the contractors? An action based on negligence may apply to your circumstances but you probably want to arrange a free consultation with a personal injury attorney from your area. Negligence law generally requires someone to act based on a reasonable person standard. The elements of negligence are as explained on FindLaw are: (1) a duty of care owed by the defendant to the plaintiff (2) a breach of that duty (3) an actual causal connection between the defendant's conduct and the resulting harm (4) proximate cause, which relates to whether the harm was foreseeable (5) damages resulting from the defendant's conduct. Arrange a free consultation with a personal injury attorney from Connecticut. Good luck.
  18. Homeowners Associations are generally nonprofit and governed by the state regulation which permit them to regulate certain common activities on their land and impose late fees where applicable. The bylaws of your particular association should clearly define what activities fall under their jurisdiction and what penalties are associated with any violations. Chapter 559 of the Michigan statutes regulates condominiums and may be a good start to your research. Good luck.
  19. Are you asking if the law permits you to live in a camper? Are you asking if the law has maintenance requirements for a camper? A motorhome is a noncommercial passenger vehicle defined in the California Vehicle Code (CVC) Section 465 as a "house car" and considered a recreational vehicle under the law. CVC 362 defines "house car" as "a motor vehicle originally designed, or permanently altered, and equipped for human habitation, or to which a camper has been permanently attached." Good luck.
  20. Are you asking if the homeowner commits arson by setting their house on fire? Arson is defined by Indiana Code Section 35-43-1-1 as: Sec. 1. (a) A person who, by means of fire, explosive, or destructive device, knowingly or intentionally damages: (1) a dwelling of another person without the other person's consent; (2) property of any person under circumstances that endanger human life; (3) property of another person without the other person's consent if the pecuniary loss is at least five thousand dollars ($5,000); or (4) a structure used for religious worship without the consent of the owner of the structure; commits arson, a Class B felony. However, the offense is a Class A felony if it results in either bodily injury or serious bodily injury to any person other than a defendant. In some instances arson is limited to the property of another person; however, under the statute arson can also occur if a person's life is endangered. Good luck.
  21. Section 723.061 of the Florida statutes regulates evictions from mobile home parks and discusses the notice requirements for an eviction. It provides a list of reasons for a valid eviction and the proper procedures. Good luck.
  22. Have you contacted the HOA in writing? If so, did they respond to your written requests? You may want to contact a real estate attorney for your next step. Generally, local counsel is most familiar with effective means of procedure. Good luck.
  23. Does your planned community have Covenants, Conditions, and Restrictions that each homeowner is subject to? Usually, each section of planned community has its own unique Codes, Covenants and Restrictions (CC&R's) that maintain the quality and over-all standards of the community. Many of those rules will address the issue of proximity protecting an owner's open space and the builder's right on the land. Here are a few links to assist you: Covenants, Conditions and Restrictions State Real Estate Laws Consider scheduling a free consultation with a real estate attorney. Keep in mind laws vary upon jurisdiction, so please provide the name of your state in future posts. Good luck.
  24. Regulations regarding witness compensation generally are concerned with fairness to the opposing party and fairness to the litigants. Courts want to ensure all parties a fair trial and preserve the credibility of the evidence. Laws regarding attorney ethics in a particular jurisdiction frequently provide severe ethical penalties for improperly compensating an attorney. What jurisdiction are you located in? Each state will have different laws regarding witness compensation. Good luck.
  25. Did an officer issue a ticket to your wife for not displaying the sticker? Would the officer not accept your proof of purchase for the sticker? What jurisdiction are you located in?
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