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MiddlePart

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Everything posted by MiddlePart

  1. The Georgia law on statutory rape is found in section 16-6-3 of the Georgia statutes. It says: ------------------ § 16-6-3. Statutory rape (a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim. (b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor. ----------------- PLEASE NOTE: there may be other sections of the Georgia code that also apply to your situation. In particular, and because you are under the age of 16, you should consider whether sections 16-6-4 and 16-6-5 apply.
  2. ElleMD -- As a practical matter, what you are saying is probably true and certainly makes some sense. The problem is that the OP's lease (quoted) says that the Tenant is supposed to arrange for the required utility services, not the Landlord. The OP's lease does say that the Tenant is supposed to pay for "most of the utility services required on the Premises" and then goes on to list a half-dozen services that the Tenant is specifically obligated to pay for, most of which really are required (heat, electricity, etc.). But the list also includes cable/telephone/Internet, which, to the OP's point, are probably not required to the same extent as the other listed services. It might be worth the OP's time to press the landlord a little bit on the basis that this Tenant would prefer to arrange its own cable/Internet/phone service as the lease apparently requires the Tenant to do. On the other hand, the OP says that the OP and his/her housemates would have preferred to get a $70/month Internet plan but instead are receiving a $100/month cable/Internet plan. The OP will need to decide whether the $30/month potential savings is worth the effort.
  3. The question I think you mean to ask is whether on these facts your wife could sue and be likely to recover damages if she sued the doctor and the hospital based on the prescription of the "wrong medicine." Absent additional facts, you probably wouldn't have a claim based on her being prescribed and then taking the "wrong medicine." Your wife would be well advised to consult with a lawyer in California who regularly handles medical malpractice cases. In general, to be able to recover damages, a claimant has to show that the medical professional breached the applicable standard of care and that the breach directly resulted in injury to the claimant. The mere fact that the "wrong medicine" was prescribed doesn't necessarily mean that the doctor and hospital breached the applicable standard of care, although that is one possible conclusion. A medical malpractice lawyer in California could review the file and give you and your wife some specific guidance.
  4. Take a look at Barnes v. Gorman, 536 US 181 (2002). Punitive damages are not recoverable in a suit brought under section 202 of the ADA.
  5. North Carolina law requires that the employer pay wages on the regular payday. § 95-25.6. Wage payment. Every employer shall pay every employee all wages and tips accruing to the employee on the regular payday. Pay periods may be daily, weekly, bi-weekly, semi-monthly, or monthly. Wages based upon bonuses, commissions, or other forms of calculation may be paid as infrequently as annually if prescribed in advance. If the employer paid the wage late, they might be in violation of the statute. You can contact the North Carolina Department of Labor, Wage and Hour Bureau, for guidance on what options may be available to you as a result of the late payment. That agency can probably also give you guidance on whether the deductions from your wages were proper. The NC statutes have some strict rules about when an employer can make deductions from paychecks. I can't tell from your post whether the employer complied with those rules.
  6. I partly disagree with legalfiction677's legal analysis. I don't think the crime of blackmail requires that the victim pay the money. Consider the SC statute: 16-17-640, which defines blackmail as doing certain things with the intent to extort money. The actual payment doesn't appear to be an element of the crime. However, I'm not sure whether extortion requires actual payment as an element of that crime (assuming that in South Carolina extortion is a separate crime from blackmail). On the termination: in general, unless the OP had an employment contract or was subject to a collective bargaining agreement or something comparable, he would have been employed at will and so could be fired at any time so long as it was not based on race, age, gender, or one of the other categories protected by law. If the employer's basis for the termination was an allegation of sexual harassment, then even if the allegation turned out to be factually untrue the termination would probably not subject the employer to any civil liability. I base that on general principles and not anything specific to South Carolina because I'm not familiar with the particulars of South Carolina law on this topic. Successful wrongful termination claims are usually based on a termination that violates some established public policy, or a termination that was based on behavior protected by statutes (e.g., whistleblowing). But it's possible that South Carolina law recognizes other bases for wrongful termination claims. The OP should consider consulting with a local employment lawyer to review his options.
  7. Based on the information you've provided, and assuming you haven't left out anything important, it doesn't seem like you'd have a claim against the store. If you have not done anything that would justify store security taking a special interest in your presence in the store, I can imagine that being followed by store security would be annoying and upsetting, but it is probably not legally actionable. On different facts, though, there could be a legal claim against the store. You should consider consulting with a lawyer in your area who would be able to more thoroughly evaluate all of your facts and who could give you legal advice based on that analysis. It does also lead to the question implicit in doucar's response (above) -- if the store personnel are making it unpleasant for you to shop there, why not take your business somewhere else?
  8. In reading your story, I had a few questions, the answers to which might help people who post to this board to give you some guidance. In no particular order: --have store personnel taken any actions involving you other than following you around the store -- and, if they have, what did they do? --when you spoke with the assistant store manager and filed other complaints, what responses did you get? --was there ever an event that, from the store's perspective, would have justified them having store security keep a closer eye on you as you shopped there? I understand that you might completely disagree that the store is justified -- I'm just asking whether the store believes its actions are justified and why?
  9. When you say 'Circuit Court' I think you are referring to a state court in Wyoming. I am not familiar with Wyoming procedure. I looked online and found some sites that list the Wyoming Rules of Civil Procedure. Rule 41 of the Wyoming Civil Procedure Rules does appear to cover dismissals of actions. The rule describes some circumstances in which you can file a notice of dismissal and have the resulting dismissal be without prejudice. I can't tell from your brief description above whether all of the conditions for filing a notice of dismissal apply to your matter. If you are not eligible to file a notice of dismissal and you still wanted your case dismissed, then you would have to get a stipulation of dismissal from the defendant or file a motion with the court requesting dismissal of your case. If this were a federal court case, a notice of dismissal under Federal Rule 41 doesn't need to state reasons. I don't know whether Wyoming interprets that aspect of Wyoming Rule 41 similarly. But I would expect that if instead you pursued a stipulation of dismissal, or if you had to file a motion with the court, then in those two situations you probably would have to supply reasons. You should confirm with a Wyoming lawyer before filing anything with the court.
  10. Was the case filed in state court in Wyoming or in federal court? Has anything happened in the case since the complaint was filed -- that is, has the defendant filed an answer or motion, has the defendant filed a counterclaim, has discovery commenced, etc.? With the answers to those 2 questions, a poster to this message board might be able to give you some guidance.
  11. The question I think you may really be asking is whether it matters that the name is not a registered trademark (either at the state or at the federal level). Even if it is not a registered trademark, it can still be a trademark. Registration of a trademark gives the registrant additional rights and remedies that the holder of an unregistered trademark wouldn't have, but the holder of an unregistered trademark still has some legal rights and remedies to prevent misuse of the mark by others and to recover damages from others based on misuse of the mark.
  12. There is a 'Find a Lawyer' link at the top of the page. That is one way (but not the only way) for you to find a lawyer who can represent you in these matters. Beyond that, did you have a question that the people who post to these boards might be able to answer?
  13. I think what you are saying is that you plan to leave your current job at the grocery store and take a new job working for the vendor. Assuming that's what you meant: Some employers have their employees sign contracts (non-competes) that limit where ex-employees can work. If you have one of those, you should have it reviewed by a local lawyer to determine whether it would prevent you from taking a job with the vendor, and, if it would, whether it is enforceable under Missouri law. If you don't have a contract like that with your current employer, then, in general, your current employer probably can't prevent you from taking whatever job you want even if it is with a vendor to your current employer.
  14. information on this site may be helpful to you. http://www.mdcourts.gov/legalhelp/smallclaims.html
  15. This can be a complicated area, and consulting with an immigration lawyer would be a very good idea. The US State Dept has published some information on this topic that may be helpful to you. https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html
  16. This can be a complicated area, and consulting with an immigration lawyer would be a very good idea. The US State Dept has published some information on this topic that may be helpful to you. https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-and-dual-nationality/dual-nationality.html
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