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MiddlePart

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MiddlePart last won the day on September 20 2018

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  1. MiddlePart

    What happens if the lessee......

    Your post was a little confusing to me. Could you clarify who the "co-lessee" is in this story, and why the company as a lessee of a car needed a "co-lessee"? Several possibilities suggest themselves to me, but I'd rather not assume.
  2. MiddlePart

    Speeding ticket

    Show up on the court date. If the officer doesn't appear, the court will dismiss the case. I'm assuming that you were in fact driving faster than the speed limit when you got pulled over, because if you weren't and can prove it, then you'd have an argument on the merits of the charge. You could also try the usual challenges to the accuracy of the speed measurement device [search these on the internet or consult with a local attorney who handles traffic cases] but the police are usually well prepared to respond to those challenges in court. If the officer does show up [and, in most jurisdictions most of the time, the officer will show up] and assuming you really were exceeding the speed limit by approximately the amount that the officer claimed that you were -- then all you can do is tell your story to the judge and hope the judge is inclined to be lenient. Depending on how fast you were going (how far over the speed limit), and depending on your traffic ticket history (how many you've had before and how recently), and depending on how sympathetic the court is to your situation, the court might be willing to let you do traffic school, or probation before judgment, or some other kind of diversion that, if successfully completed, would either eliminate the ticket entirely or just reduce the resulting points and fines. Suggest discussing your situation with a local attorney who handles traffic cases who can give you guidance on the particulars of your matter and on what the particular judge/court is likely to do with your specific facts.
  3. MiddlePart

    Theft from grocery store

    I'm assuming HEB is a grocery store. If you walked out of a grocery store with $200 dollars worth of groceries that you didn't pay for, you could be charged with violating Texas Penal Code 31.03 (Theft). Per the statute (31.03(e)(2)), where the value of the property stolen is more than $100 but less than $750, an offense under section 31.03 is a class B misdemeanor. A person who is convicted of a class B misdemeanor in Texas can be required to pay a fine (not to exceed $2000), or be sent to jail for up to 180 days, or both. You should find a criminal defense lawyer in your area and get his/her advice on how best to proceed.
  4. MiddlePart

    Public Education Rights

    Did you appeal either finding to the State Board of Education? It looks like that would have been the way to have had the residency decision of the local Board of Education reviewed if you think the local Board got it wrong.
  5. Could you provide some details on exactly what you did back in 2016 -- did you just speak to a front desk person or trainer while at the club? did you speak to a manager? did you send them an e-mail or a letter? etc -- how did you communicate? What particular message did you give them? And -- when you enrolled, were there written terms of membership -- and, if there were, did those terms specify how a member should go about cancelling the membership and did you follow the specified procedure? And: in 2017 and 2018 did you just overlook the deductions from your bank account or the charges on your credit card for the 2017 and 2018 fees, or was there something else going on so that you didn't know about them at the time they happened? That additional information will be helpful in evaluating the strength of a claim that you may have against the club for return of the 2017 and 2018 membership fees.
  6. MiddlePart

    Law Suite

    Hire a lawyer, and prepare to defend against these claims. You will have an opportunity to present testimony, documents, and any other evidence you may have that supports your story that you in fact did hand over the funds. Hopefully you have proof for all of the transfers and not just the one signature from 2012 addressing that transfer.
  7. Information about filing an ethics complaint against an Ohio lawyer, and a link to a template for a complaint, can be found at this website. https://www.ohiobar.org/public-resources/about-attorneys/lawyer-ethics--discipline/
  8. Once your father wrote the diary, he had copyright in it automatically. He probably didn't register it with the copyright office, but registration isn't required to have copyright protection. However, registration does provide a copyright owner with some additional rights and remedies. As a (presumably unpublished) work created before 1978, your father's unregistered copyright in the diary would extend for his lifetime plus 70 years. Upon his death, the copyright could be bequeathed to his heirs. The copyright owner can register a copyright at any time within the life of the copyright. All that said, what are you trying to achieve?
  9. MiddlePart

    Locked Out

    Who owns the house? The answer to this question may affect the answer to your original question
  10. MiddlePart

    Medical Marijuana / accused of smoking

    Pennsylvania's medical marijuana law includes the following, which appears to be relevant to your situation: Title 35 P.S. Health and Safety (Refs & Annos) Chapter 64. Medical Marijuana Act (Refs & Annos) Chapter 21. Miscellaneous Provisions Section 2103. Protections for patients and caregivers. ... (b) Employment.-- (1) No employer may discharge, threaten, refuse to hire or otherwise discriminate or retaliate against an employee regarding an employee's compensation, terms, conditions, location or privileges solely on the basis of such employee's status as an individual who is certified to use medical marijuana. (2) Nothing in this act shall require an employer to make any accommodation of the use of medical marijuana on the property or premises of any place of employment. This act shall in no way limit an employer's ability to discipline an employee for being under the influence of medical marijuana in the workplace or for working while under the influence of medical marijuana when the employee's conduct falls below the standard of care normally accepted for that position. (3) Nothing in this act shall require an employer to commit any act that would put the employer or any person acting on its behalf in violation of Federal law. I agree with this recommendation.
  11. 30-day notice, and, then, if the tenant doesn't voluntarily leave, you'd file eviction proceedings in the county where the property is. It would not make a difference that the tenant has been on the property for a long time without a lease. So long as there is no lease presently in force, the tenant is in a month-to-month situation.
  12. MiddlePart

    am I entitled to assets?

    This website has links to resources for Iowa residents who need a lawyer but who might not be able to afford legal services. Perhaps one of the services linked there will be useful to you. https://www.iowafindalawyer.com/guide/57bc9b8ee4a99439370000dd/Low-Income-Legal-Assistance-Resources However, I think that Knort4's conclusion is correct -- unless the promise was reflected in a will or by naming you as a pay-on-death beneficiary, the account would be considered part of the estate. But consulting with an Iowa lawyer to confirm this, and to review the correspondence and other relevant documents and any other relevant facts that you may have left out of your post, would be a good idea.
  13. MiddlePart

    Collecting Property Settlement after death of ex.

    this website might be helpful https://www.floridabar.org/public/probono/
  14. MiddlePart

    Case law

    Something you might consider for pulling federal court opinions, including in the Vargas case that you have cited: set up a PACER account. The account is free to set up. The charges for searches and reviewing documents are fairly minimal to begin with, and are waived if less than $15 total in any calendar quarter. And there is no charge for access to judicial opinions. Meaning you could search PACER for this Vargas case for a nominal cost, and read and download a copy of the opinion that you are interested in for free. And, if you don't rack up more than $15 in the calendar quarter, they won't charge you for the search either.
  15. MiddlePart

    definition of "conspiracy theory" in law

    Yes. Istituto Bancario Italiano SpA v. Hunter Eng’g Co., 449 A.2d 210 (Del. 1982) To our knowledge, the United States Supreme Court, as yet, has not definitively examined the conspiracy theory of jurisdiction. We must therefore attempt to formulate a workable standard, recognizing that evolution will inevitably call for refinement. The conspiracy theory rests in part upon the legal premise that the acts of a conspirator are imputed to all the other co-conspirators. We believe a strict test, modeled after the ones used in cases which have previously recognized the conspiracy theory of jurisdiction, withstands due process scrutiny. We therefore hold that a conspirator who is absent from the forum state is subject to the jurisdiction of the court, assuming he is properly served under state law, if the plaintiff can make a factual showing that: (1) a conspiracy to defraud existed; (2) the defendant was a member of that conspiracy; (3) a substantial act or substantial effect in furtherance of the conspiracy occurred in the forum state; (4) the defendant knew or had reason to know of the act in the forum state or that acts outside the forum state would have an effect in the forum state; and (5) the act in, or effect on, the forum state was a direct and foreseeable result of the conduct in furtherance of the conspiracy. Textor v. Bd. of Regents, 711 F.2d 1387 (7th Cir. 1983). There does not seem to be any question that if plaintiff's complaint alleges an actionable conspiracy then the minimum contacts test has been met. The "conspiracy theory" of personal jurisdiction is based on the "time honored notion that the acts of [a] conspirator in furtherance of a conspiracy may be attributed to the other members of the conspiracy." Gemini Enterprises, Inc. v. WFMY Television Corp., supra, 470 F.Supp. at 564; see also National Van Lines, Inc. v. Atlas Van Lines, Inc., 406 F.Supp. 1087 (N.D.Ill.1975); Socialist Workers Party v. Attorney General, 375 F.Supp. 318, 321 (S.D.N.Y.1974), vacated on other grounds, 510 F.2d 253, 257 (2nd Cir.1974); Mandelkorn v. Patrick, 359 F.Supp. 692 (D.D.C.1973); Green v. Advance Ross Electronics Corp., 86 Ill.2d 431, 440-441, 56 Ill.Dec. 657, 662, 427 N.E.2d 1203, 1208 (1981). To plead successfully facts supporting application of the conspiracy theory of jurisdiction a plaintiff must allege both an actionable conspiracy and a substantial act in furtherance of the conspiracy performed in the forum state. Gemini Enterprises, Inc. v. WFMY Television Corp., supra, at 564. If plaintiff's allegations are sufficient to establish both of these elements then it was an abuse of the district court's discretion to refuse plaintiff leave to amend.
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