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I dont know the difference in these codes and how to use them. Are which one to use thats appropriate 42 1983 or 242 title 18 when filing a 1983 tort claim. Which one would be used in a 1983 claim
Any competent lawyer would need facts before evaluating the applicability of civil rights statutes, and I've suggested seeking answers to your questions from lawyers with Civil Rights experience. There are probably some sets of facts where real estate claims involve rights under 42 USC sec 1983, but that's not what real estate lawyers usually do,See question
Is exculpatory evidence required to be submitted with the discovery.
As the others wrote:
1) You need a lawyer, and you need to ask your questions and get them answered by your lawyer. Particularly in Criminal Law, someone represents himself has a fool for a lawyer.
2) This is a Criminal Defense question, not litigation. Criminal discovery has almost nothing in common with Civil discovery. Based on the way you phrased the question asking about the defendant's duties in discovery, I infer that you would be committing malpractice ... if you were a lawyer.
3) The prosecutor has the duty to share exculpatory evidence if asked properly in accordance with local rules.See question
I live in the US and my cousin lives outside of Moscow. He wants me to send him graphics cards in bulk. Is this prohibited in any way or is there a tariff I need to pay?
There are legal issues in the US, as well. You need to research whether the cards in question can be subject to federal export controls, and several agencies might get more than mildly upset if you are shipping computer equipment in bulk without clearing it.See question
Plaintff filed a complaint and the defendant filed a Mition to Dismiss and the court denied the defendant Motion to Dismissed after Plaintiff filed a amended Complaimt. Can the Plaintiff file a involuntary dismissal to have the case dismissed wit...
At first, I was as confused as Ms. Ambler. I loved trying to figure out the procedural setting which you were alluding to, I think Mr. Isquith got it. You are the defendant or an unrelated party. Plaintiff filed a Complaint, to which Defendant moved to dismiss. Plaintiff responded to the motion to dismiss by amending. Defendant filed an Answer, perhaps strategizing to file for summary judgment later, but, before Defendant filed a second dispositive motion, Plaintiff decided to drop back and re-evaluate. Because Defendant had already filed an Answer and would not consent, a Rule 41(a)(1) voluntary dismissal was unavailable. Thus, you ask, can plaintiff file a Motion for Involuntary Dismissal seeking to dismiss without prejudice. Did I get it?
If so, the answer is "yes." The Court can deny the motion or may grant it "on terms that the court considers proper." If it is actually an involuntary "voluntary dismissal" under Rule 41(a)(2), then silence in the Order is presumed to be a dismissal without prejudice, but if it is a real "involuntary dismissal" under Rule 41(b), it is presumed to be with prejudice unless the dismissal order says otherwise or it is dismissed for lack of jurisdiction, improper venue, or failure to join a party under Rule 19.
Your rule citations and the substantive law may vary depending on which jurisdiction you are in. My citations are to Federal Rules.
Fun question.See question
In an article the above attorney states"First off, any lawyer who HAS NOT lost a jury trial is either lying, or has not tried enough cases. If either of these is true, they have not done proper service to their clients" Ever hear of Gerry Spenc...
With due respect to a fellow member at Bar, if any of my colleagues are publishing their win-loss record on their web site, particularly from their time as a prosecutor, it would be timely for their State Bar Counsel to be reviewing their web site. While I am not licensed to address the state of legal ethics in counsel's home state, I can certainly have an opinion about the ethics of any lawyer who publishes a win-loss record, and I believe there is precedent in my jurisdictions for disciplining such lawyers -- particularly prosecutors -- for privately or publicly publishing their win-loss record. Such records are read by lay people to imply that it is the lawyers and not the Law that decide the results of a case. While competent, aggressive representation by prepared, intelligent advocates are major factors in litigation success, it is not true that there is no role for Justice in deciding who wins and who loses. At least at my Bars, Justice is not sold to the highest bidder, and I would be among those who believes that making such claims violate ABA Model Rule 7.1 because the claim contains a "material misrepresentation of fact or law, or omits a fact necessary to make the statement considered as a whole not materially misleading."See question
after four years i suit amertiquest mort my kids were remove from my mother in laws home after court in the state of ohio without just cause and no hearing my wife still marry for 25 now had a breakdown they drop all claims but refuse to remov...
I have no idea what you are asking. Try again. Use shorter sentences, and try to make them relate to each other. If you can't, you might try scheduling a client consult with someone local who can help you formulate your questions.See question
I cam to the US with a premenent resident card at age 11. I was 17 when my father got naturalized in 1996. Can I get citizenship thought my father. I've always living the US since I came.
I'm moving your question to Immigration. I believe that there is a specific statute that answers your question.See question
I am working with a property owner in DC. A woman left her home to her son. A will was signed back in 2014. The will that was used was generated by a service like legal zoom or rocket lawyer. The two witnesses at the time of singing were the son ...
Here's the Code language, itself:
"§ 18–104. Devises, legacies, etc., to attesting witnesses.
"(a) A beneficial devise, legacy, estate, interest, gift, or power of appointment of or affecting real or personal estate, given or made to an attesting witness to a will or codicil is void as to him and persons claiming under him, except as provided by subsections (b) and (c) of this section.
"(b) Where an interested witness to a will or codicil, referred to in subsection (a) of this section, would be entitled to a share of the estate of the testator in case the will or codicil were not established, he or persons claiming under him shall take such portion of the devise or bequest made to him in the will or codicil as does not exceed the share of the estate which would be distributed to him or persons claiming under him in case of intestacy.
"(c) The voidance provided for by subsection (a) of this section does not apply to charges on real estate for the payment of debts.
"(d) Notwithstanding subsection (a) of this section, an interested witness referred to therein, whether an heir at law or not, is not disqualified as a competent witness to the execution of the will or codicil by reason of his interest."
I think the Will is valid, but the devise to the son is limited to the estate he would inherit by intestacy. I'd need to research for cases as to what happens to that voided share, since the remainder of the Will is valid, which should include the disinheritance of other siblings, especially if they are expressly disinherited. I imagine the devise falls to the residuary clause, and, if the son is the residuary beneficiary, the devise falls out of the Will into a modified form of intestacy. For example, if the son, A, would take 1/3 in intestacy, and the siblings, B & C, are expressly disinherited, then A takes 1/3 interest, but do B & C take 1/3 apiece even though expressly excluded? Rather, does it fall to intestacy with A limited to 1/3 and B&C limited to zero, so the children of A, A1 & A2, take the remainder, or are they "claiming under him" even in intestacy? Do the children of B&C have claims?
Sounds like a really fun case and yet another example of "Pay me now, or buy Legal Zoom and pay me much more later!"
From an investor, buyer, or realtor point of view, get everyone and their heirs to sign your contract. From a title agency perspective, don't write the policy without exclusions. From the son's perspective, file suit to quiet title. Oh, and from a litigation perspective, don't bother suing Legal Zoom or Rocket Lawyer. It isn't malpractice, because they weren't practicing Law.See question
I have exp in medical billing (no visa issues)...a vendor from usa is willing to subcontract work to me.. Do i need to register my indian company in usa or can directly get the contract from is company?? Thanks
If I understand your description correctly, none of the work is happening in the US, since no visas are required. Rather, the materials you need are transmitted from the US to India, where workers complete the paperwork and place telephone calls or send emails or complete forms on the Internet all while their corporeal selves are in India. If this is correct, you are part of the global economy, but you aren't in the US and don't need to register anything. If technology is transferring, including software, it may be wise to ensure that you aren't violating any export control regulations in the US. I haven't heard of this is as big problem in India, but you may be subjected to US Foreign Corrupt Practices Act enforcement, so you may want a briefing or compliance officer to review that. And, you may want a lawyer in the US to make sure any cash transfers are properly reported. But, call and processing centers in India for US businesses has been happening in a big way for almost 25 years now. If you grow enough that you want a sales office in the US to attract other US customers; or you need any physical presence in the US for customer service or other purposes; or you want to use the needs of the company to support US immigration objectives; or one or more of your contracts require a US presence for enforcement, billing, national security, or other private objectives, you may need to form a US-based subsidiary or parent entity and design it in a way that minimizes US and Indian taxes. Having a US consulting lawyer may also be valuable if there is enough money involved, but I don't see an express need for that if your company is processing medical billing for US-based customers from your offices in India.See question