Jump to content

FindLaw_Sarah

Members
  • Content Count

    3,654
  • Joined

  • Last visited

    Never
  • Days Won

    1

Everything posted by FindLaw_Sarah

  1. Please see the sample shareholders' agreement and check on the forms and contracts page for more examples.
  2. Generally, the directors of a closely held corporation should operate as fiduciaries. These duties include the duty of loyalty and duty of due care. If the directors breach these obligations, a shareholder of that corporation may bring a derivative action on behalf of the corporation. Please feel free to elaborate on your question. You can also search for a local attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  3. The answer to your question depends on your location. Generally, the court system treats gift cards much as they would a paper certificate: The certificate can be used, transferred in most instances, and when lost, is considered gone. There are several types of fees that a gift card issuer (depending on the type of business) can levy. For example, dormancy (fees) can be levied if the card is not used or if it features an expiration date in which the card is no longer valid. If these rules apply, it is necessary to notify shoppers of return policies via a printed sign, message on the gift card receipt, or terms printed on the card itself. You can also search for a local attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  4. The answer to your question is determined by the jurisdiction you are in. Generally, the U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. Thirty-eight states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so. Generally, under most circumstances twelve states require, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington. It is illegal under all jurisdictions to record calls in which one is not a party.
  5. Please check our consumer scams section for details on how to get your money returned. It appears you are located in Florida. The attorney general's office in Florida also has a online form where you can file a complaint. The Attorney General's Office is an enforcing authority of Florida's Deceptive and Unfair Trade Practices Act, which is meant to protect individual consumers and legitimate businesses from various types of illegal conduct in trade or commerce. Pursuant to the Act, the attorney general investigates and files civil actions against persons who engage in unfair methods of competition, unfair, unconscionable or deceptive trade practices, including, but not limited to, pyramid schemes, misleading franchise or business opportunities, travel scams, fraudulent telemarketing, and false or misleading advertising.
  6. Child support should ensure the welfare of the child. Once a child support order is in place, all parties must abide by that order. A common standard for the modification of child support is a substantial change in circumstances. That usually refers to a change in income of the parent who is supposed to pay support. Kentucky's Cabinet for Health & Family Services has a Division of Child Support where state-specific information can be found.
  7. If you and your child are entitled to receive child support under the terms of an order from a court or government agency, there are legal steps you can take if the payments aren't being made. Generally, Missouri's statutes permit imposing interest payments on delinquent child support. Section 454-520 of Chapter 454 is entitled "Delinquent child support and maintenance, etc." Please peruse this section. The percentage of interest depends on the date of the court order. Good luck.
  8. FindLaw_Sarah

    taking

    Eminent domain is the power of government to take private land for public use under certain circumstances. As the government makes its plans for expansion and improvement of publicly maintained roads and utilities, it determines which private parcels will be affected. When the government has established its estimation of the property value, it may offer the landowner a particular price for the property. If the property owner disputes the government's valuation and they cannot agree on a price, the matter will go to condemnation proceedings. If the government requested a donation, then it does not appear that a taking took place. Please feel free to elaborate on this question and/or contact local counsel if necessary.
  9. Generally, when a neighboring property owner is causing the loss of the use or enjoyment another's property they have committed a private nuisance. If someone is using another person's property, then the property owner does not have any binding duties unless an easement exists. Usually, an easement gives you the right to use your neighbor's property. Please feel free to elaborate on your question or contact local counsel with property law questions. Good luck.
  10. Generally, lawsuits can be pursued for a meritorious basis. If you believe all these parties are responsible, then consider joining all of them in one lawsuit. Typically, party joinder for civil lawsuits can occur for the same transaction or occurrence. Please contact local counsel if necessary. You can also search for a local attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  11. Having a real estate lawyer can be helpful during the closing process. Representation is not required for an effective closing. Good luck.
  12. Generally, all parents and their spouses have a legal obligation to care for the children. In cases where one parent loses their job, their child support payments are adjusted to reflect that loss. The court should be notified of changed circumstances. In all stepparent adoptions, the child's other birth or legal parent generally will need to consent to the adoption. If the other birth parent refuses to consent, the adoption will not be allowed unless that parent's rights are terminated for some other reason -- abandonment, unfitness, or failure to support the child, for example. Feel free to contact local counsel if necessary.
  13. When a child reaches the age of majority (usually eighteen) or graduates high school, that normally is a basis for stopping child support for that child, unless the parent is obliged to help pay for that child’s college education. When the oldest child turns eighteen that can be a basis for a court to reduce support, but the court will not reduce support automatically. Generally, the court will look at a variety of factors, including the current income of the parents and the needs of the remaining children. Please contact local counsel if necessary.
  14. If you are located in California, the court must decide if the pension plan is considered community property or not. Generally, California courts use the time rule to calculate how much of the pension was earned during marriage. If you can persuade the court that the pension is community property, there's a likelihood that you may prevail. Please contact local counsel if necessary. You can also search for a local family law attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  15. The child custody order should set forth who has physical custody of the children. The parent with physical custody takes care of the daily responsibilities for the child. Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents. It's possible to have joint legal and joint physical custody. Your decision-making authority over your daughters turns on the type of custody you have and the contents of the custody order. Please contact local counsel if necessary. Good luck. You can also search for a local family law attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  16. Generally, transferring a case from one jurisdiction to another can be done for a valid reasons. These reasons are set forth by the state's code of civil procedure. Broadly speaking, a Florida court does not have jurisdiction over individuals who are not Floridians unless the dispute occurred in Florida. Once the subject of litigation moves outside the state, generally they can no longer be subject to litigation in that state. Please contact local counsel for more information. You can also search for a local family law attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  17. If the parent who seeks to move with the child has a good-faith reason for the move, that is a positive factor in favor of the move. Good faith reasons include: obtaining a better job, joining a new spouse, and moving to be near extended family. If a job change is the basis for the move, the plan for a new job should be specific, not just a general hope of finding new employment. The main bad-faith reason for moving is to deprive the noncustodial parent of contact with the child. If the court believes the main reason for the move is to diminish contact between the child and the noncustodial parent, the court is not likely to allow the move. The state laws in each jurisdiction determine whether a parent can move with the child. Feel free to contact local counsel.
  18. Generally, if both partners are legal parents of the child -- either because they are biological parents, because they have jointly adopted a child or because a non-biological parent has obtained a legally valid second-parent adoption -- both parents usually have an equal right to custody of the child. This means that neither parent has the right to deprive the other of physical custody or visitation unless, or until, a judge makes such an order. The right to be considered a full legal parent of a child can be lost if a parent fails to exercise his or her parental responsibilities. Each state determines when a parent fails to meet their responsibility. Not paying child support and neglecting your daughter may be considered parental failure by your state courts. Please consider checking with a local family law attorney. Good luck.
  19. When a court sets child support, it often considers the family's pre-divorce standard of living and attempts to continue this standard for the children, if feasible. Here, one parent was probably assigned a lower child support payment than the other. If that's the case, then the parent receiving lower child support shall obtain the difference in calculation. For example, if a court assigns a $100/month support to be paid by parent (a) and a $200/month support to be paid by parent (, then parent ( would gain the difference because that parent is receiving less in child support. The guidelines in MA must indicate the formula to use to calculate child support. You will need that information. Please consult with local counsel for further information. Good luck.
  20. Generally, book or television show characters are copyrighted for protection. The copyright section provides information and resources on getting copyright protection for your own work, licensing copyrights, using someone else's copyrighted material, and much more. All material should be copyrighted for your protection to prevent illicit use.
  21. Typically, when a transaction takes place a contract is formed between the two parties. If you formed a contract with her, then she would be unable to rescind it without a valid justification. A justification can be based on fraud, duress, or any legally recognized wrongdoing. Product resale usually does not qualify as a justification. You can also search for a local attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  22. After a lawsuit, the judge issues a judgment which the losing party must abide with. Both parties should have received a copy of this judgment upon the case's termination. The defendant's compliance usually is governed by time limits set forth in your jurisdiction. To get more specific answers please contact a local attorney. You can also search for a local attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  23. Generally, each store has a set of policies governing loss prevention. Such policies typically require a reason for the stop and search. Employees are not permitted to randomly search customers at will. Please check our consumer issues page for more details and contact a local attorney. You can also search for a local attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
  24. Sales taxes are added to the cost of a product or service and are generally paid by the customer. Most states and local taxing authorities impose a general sales tax on retail sales and certain services. Once the appliance is installed it may be considered part of the home and not an individual product. Please feel free to elaborate on your question. Good luck.
  25. In order for a parent to get child support, he or she must usually be the "custodial" parent of a child. A "custodial" parent is one who has primary physical custody of a child, meaning that the child (or children) lives primarily with the custodial parent, and that parent is chiefly responsible for day-to-day care of the child. You can obtain an order for child support from the state court of your residence. Obtaining child support for previous expenses may be difficult but I would ask a local attorney for further guidance. You can also search for a local family law attorney using the following resources: FindLaw Lawyer Directory FindLaw Legal Connection
×
×
  • Create New...