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Mark Weaver

Mark Weaver’s Answers

83 total


  • Why did the judge yell at attorney for addressing his argument to pro se instead of to the judge?

    After observing this otherwise soft spoken judge for half the day I was shocked to see him get beet red and really yell loud at the attorney for speaking directly to the pro se. He said that he should know better. I guess that is some rule, but,...

    Mark’s Answer

    If this happened in open court, it would be odd for a judge to be angry over a lawyer conferring with the Pro Se litigant. However, (as mentioned by my colleagues here) if the lawyer was not addressing his remarks to the judge, that's a slight breach of courtroom etiquette. Certainly not enough for a judge to scream about. Indeed, the Canons of Judicial Conduct require a judge to be patient with litigants and attorneys.

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  • Though imperfect, how does a person self-teach law school as the curriculum in law school?

    particularly if the person is very intelligent yet quite poor; how effective is this in pro-se defenses such as criminal, suit for damages , and bankruptcy? This source presents some empirical data regarding pro-se defense http://digitalcommons...

    Mark’s Answer

    I teach at The Ohio State University College of Law, so I am familiar with the law school curriculum. I've also seen people who are trying to represent themselves try to use law school materials they bought at a used book store to try to learn the law. It's not a good idea.

    Representing yourself (unless you are in small claims court, where it's encouraged) is almost always a terrible idea. Learning the law takes years of study and really understanding it takes decades of legal practice.

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  • Should I report my attorney and is there any way a judge can view my divorce to know how unfair it was?

    my attorney had me sign a waiver which I didnt totally understand and trusted him since he told me ...all his clients had to sign.. that prevents ..which i understood later,...from any disagreement i have in his obiligation to me and my best inte...

    Mark’s Answer

    If you think your attorney acted unethically, the best place to start is with the Ethics Committee at the local county Bar Association or at your state's Supreme Court. But that won't help you with your alimony situation. If you cannot afford to hire a competent family law attorney in your community (who can advise you whether or not you can have the alimony decision overturned) visit the local Legal Aid or law school clinic and ask for help there.

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  • Is " allegedly ", Supposed to be used by media and live televised news blast when referencing anyone prior to being convicted.

    Family member starting trial for pc187. One local news channel wrote and aired false information via: police report. It was my understanding that unless and/or until said person is convicted of actual crime, they must refer to them as "allegedly"

    Mark’s Answer

    The news media has broad First Amendment protections, but if they print false information about a private citizen and such printing injures the citizen's reputation, the media outlet can be sued for defamation of character. When a person is charged with a crime, most news outlets will says "Homer Simpson allegedly sold heroin to Mr. Burns" as a way of protecting themselves from a potential defamation lawsuit. News media are not (and cannot be made to be) required to use the word "allegedly" but most do out of caution.

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  • Do I file w/FEC as PAC or Candidate committee. Supporting, not candidate myself, however FEC form1 5c seems to coincide, though

    Do I file w/FEC as PAC or Candidate committee. Supporting, not candidate myself, however FEC form1 5c seems to coincide, though when I applied for EIN it was as a PAC. We are not sanctioned by the candidate. We are unaffilliated, and not sponso...

    Mark’s Answer

    Your question does not have enough specifics to provide an answer. However, the Federal Elections Commission does have a pretty good telephone service, where FEC attorneys and staff can answer questions. They don't require to identify yourself and they can answer most any question. Call them at. 202) 694-1100.

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  • My boyfriend has been recording me ;aving sex with him letting people. Watch it took me a long time to find out what do i do

    it started at a house we stayed at i slowly started seeing things then just couple nite ago i saw like a camera at end off bed but he hurried hide it and he can talk to them on it there is so much more

    Mark’s Answer

    If you don't know where to start, go to a Domestic Violence center. They will have a good network in law enforcement and the legal community to help you through this. I agree with the other attorneys who pointed out that this is both a crime and you may have a civil case, as well.

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  • What is the average retaining fee for a Lawyer in a general matter and price per hour located in PA

    looking for cost

    Mark’s Answer

    An experienced attorney with a big city (Philadelphia. Pittsburgh) firm could charge as much as $300-$400 per hour while an attorney who just passed the bar and works out of his home might charge you $100 per hour. As a general rule, the more experienced the attorney, the higher the hourly rate. But note that not every attorney charges by the hour. EXAMPLE: For a DUI defense that doesn't go to trial, many lawyers will charge a flat fee.

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  • Can you help me with a sample amended federal complaint ?

    I am filing a pro se federal lawsuit. I made a mistake. naming defendants correct address, so they weren't properly served. I need to amend my complaint. Also naming individual or official capacity.

    Mark’s Answer

    Even if you can fix this defect in your filing, it's very likely that you will make another defect. Federal litigation is as complex as it comes.

    You wouldn't do your own dental work; don't do your own legal work. Hire an attorney.

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  • Hello, Can I stop someone from insulting me on social media?

    I have stop going around my mother maternal side of the family because of drama. My mother had a hard life and me and my sister are always in the middle of family drama because of our mothers mistakes. I do not attend any gatherings and have also ...

    Mark’s Answer

    If a person makes a false statement of fact about you (not an opinion) on social media and you can prove damage to your reputation, you can sue that person for defamation. There's no legal way to stop that person from doing it but that person can be held accountable in court. A letter from a lawyer to that person might have some impact.

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  • How does social media affect child custody battles?

    Other parent has disturbing information on a social media website that concerns me. What are examples or photos of things that can negatively affect a parent on social media sites.

    Mark’s Answer

    Judges will typically allow properly-authenticated social media posts into evidence in a hearing. That means that if one parent has been acting in a way that shows that parent to be unfit or otherwise acting in a way that is not in the "best interests of the child" then social media posts that document such activity could be used in court to decide child custody and visitation issues. You may be wondering what defines "the best interests of the child" means. It's a qualitative review by the individual judge.

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