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FindLaw_Sarah

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Posts 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:

    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. 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.


  3. 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.


  4. 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:

    Good luck.


  5. 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.


  6. 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:

    Good luck.


  7. 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:

    Arrange a free consultation with an estate planning attorney. Good luck.


  8. 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:

    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.


  9. 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.


  10. 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.


  11. 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.


  12. 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.


  13. 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:

    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.


  14. 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.

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