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Hans Albert Gillinger

Hans Gillinger’s Answers

77 total


  • As an 18 year old student,in high school, could I choose when to attend class or not?

    I've heard of people being able to leave campus on the own accord, but I've always wondered whether or not a legal 18 year old is considered "adult enough" to decide when they go to school without substantial repercussions.

    Hans’s Answer

    Yes, you are now the person that decides whether you will continue to attend public school. This presents you with a false choice because of the clear statistics regarding the consequences of dropping out of school before graduating with a high school diploma of graduation. I urge you to consider the long term, as opposed to short term, benefits of your decision on whether to stay in school. Good luck!

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  • Can I sue my private univ. for placing me on academic probation after failing to help me secure independent financial aid?

    After being placed on acad. probation for spring 2013 after a prof. of mines posted my grade after the drop/add date and my appeal being denied I lost my parent plus loan do to my moms bankruptcy. I turned 24 in October 2013 and after much researc...

    Hans’s Answer

    There is no negligence here on the part of the school, as described. I do not see any other types of claims available to you as against the school. Sorry.

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  • I'm being accused of invasion of privacy for looking between the slats of a fence. Is this illegal in CA

    I was walking in my apartment complex and saw an apartment with a large new fence. As I looked at the fence, I noticed between the slats green grass and a BBQ. We are not allowed BBQ's here. I remembered at that moment another tenant told me t...

    Hans’s Answer

    • Selected as best answer

    The other respondents to your inquiry are correct - your action was lawful because you had a legal right to stand where you did. One cannot claim a privacy interest in something that they display for the world to see. You are fine.

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  • What do you need to prove in a civil rights case to win?

    What do you need to prove in a civil rights case to win?

    Hans’s Answer

    • Selected as best answer

    I agree that you need more facts to get the answer you seek.

    Section 1983 of Title 42 of the U.S. Code is part of the civil rights act of 1871, and is typically what folks mean when they say a "civil rights case."

    Section 1983 provides:

    Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

    To prevail in a claim under section 1983, the plaintiff must prove two critical points: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution.

    Hope this helped, and good luck.

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  • What are the laws regarding graduation requirements?

    My high school is requiring that every student applies to three colleges. This request is for a grade, and failure to complete this task will apparently result in us not graduating. On that note, we must be accepted to one college as well in order...

    Hans’s Answer

    I agree that the school district's graduation requirement of acceptance by a college as a condition of graduation is wrong and bad policy.

    Bad policy is supposed to be fixed politically through the democratic processes.

    The law isn't designed to fix bad policy/regulations/laws. As such and should you challenge this requirement of acceptance by a college as condition of graduation (hereinafter "Requirement"), you will loose so long as the Requirement is rationally related to a legitimate interest of the government - in this case the school district.

    The school district would show that the Requirement is rationally related to the school's educational mission because acceptance by a college serves as an independent measure of learning and educational achievement of the student - these are both very relevant for the child seeking to be conferred a high school diploma of graduation.

    Sorry.

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  • Help Me Please!

    Hello, long story short, I am in dyer need of assistance. I am a three year undergrad obtaining my degree in Criminal Justice. I have a rocky past, no felonies, and am being denied employment and I graduate next year. I live in Ohio and both of th...

    Hans’s Answer

    Do you keep getting hired & fired each time because of what is in your sealed records?

    If the state has the right to peek into your sealed records, and what is in those records is cause for termination, your termination would be proper.

    Best answer is to ask a local criminal specialist about sealed records and the state's entitlement to access your sealed criminal records under these conditions. Good luck.

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  • How do I help my bullied child?

    My daughter is being bullied on her bus. The bus driver, principal, her teacher as well as the superintendent have been made aware of this situation and nothing has been done. She has come home with bruises and scratches along with having her clot...

    Hans’s Answer

    You will want to secure all possible necessary medical and/or psychological care for your child. Then speak to a personal injury attorney in your local area. Best of luck.

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  • My son's iep says test taking should take place with minimal distractions he has been kept in his regular seat can they do that?

    13 year old asberger, adhd, mood disorder

    Hans’s Answer

    I agree that the answer depends on whether your child's regular seat ensures minimal distractions during test taking. Consider asking for a different/additional accommodations at your next IEP meeting. An accommodation that you might want to consider is for your child to take tests alone in a classroom free of other students. Good luck.

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  • In Tarrant v Miller what is the Rule and Issue?

    I am trying to write an IRAC brief for this case.

    Hans’s Answer

    In the case of judgment liens abstracted prior to September 1, 2007, the old law as set out in the1992 case of Tarrant Bank v. Miller (833 S.W.2D 366) applies in Texas. Tarrant decided that a judgment creditor, in this case a bank, was liable in damages if it failed after demand to give a partial release of a judgment as to the debtor´s homestead.

    You take it from here. Good luck.

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  • Is it not true that anyone has a right to review files kept on them by anyone about oneself as per Nixon 1968

    Is it not true that anyone has a right to review files kept on them by anyone about oneself as per a law signed by Nixon in I believe 1968?

    Hans’s Answer

    No.

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