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David Allen Anderson

David Anderson’s Answers

3 total

  • What does the phrase, "insufficient as a matter of law" mean?

    This is regarding answering a credit card complaint.

    David’s Answer

    • Selected as best answer

    Insufficient as a matter of law is the phrase used when the evidence offered by a plaintiff or prosecutor to his case has failed to provide even the minimum degree of evidence necessary to submit the case to the jury if it is a jury trial or to the Judge if it is a non-jury matter. It means that the legal principle asserted is not sufficient to warrant the case going forward. It will result in the dismissal of the action.

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  • Complex RICO question

    If, when in the process of litigation, there becomes other additional legal infractions such as spoliation of evidence, invasion of privacy, Defendant's tampering with witnesses, and other offenses which constitute RICO charges if defendants and o...

    David’s Answer

    The RICO act is a Federal Law found under Title 18 USC Section 1961. Over 32 states, the Commonwealth of Puerto Rico, Territory of the Virgin Islands have all enacted specific state laws. This act requires the a specific predicate act to tack place that involves racketerring activity such as murder, kidnapping, gambling, arson, robbery, bribery, extortion, dealing in obscene matter and dealling in drugs. From your description one would have to know more about the alleged conduct to see if you could assert such a claim. Additionally if your case is in AK I do not think there is a stand alone state statute covering RICO but you should check with an attorney in the jurisdiction.

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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  • No insurance, rear ended someone. They didnt go to the hospital from the scene. Do I have to pay for their hospital bills later?

    I was driving my girlfriends car March 2010 without knowing her insurance had lapsed. I rear ended a car. No one when to the hospital from the scene. I payed for the other car from my pocket. Today I got a call from a collection agency wanting $9,...

    David’s Answer

    You need to speak with an attorney and show them the collection letter. I suggest you call the SC Bar Referral number 800-868-2284 and explain your situation. The fact that the party did not immediately go for treatment is not determinative on whether you could be responsible for damages.

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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