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Let us assume an improvement (wooden deck) has been made on a Florida condominium by an individual owner (not the Association). There is debate as to whether the owner actually had the proper approvals: there is also debate as to whether. The owner has sold the condo to a new owner.
This raises a number of que... |
Let us assume an improvement (wooden deck) has been made on a Florida condominium by an individual owner (not the Association) **on the common area**. There is debate as to whether the owner actually had the proper approvals: there is also debate as to whether. The owner has sold the condo to a new owner.
This... |
This is a hypothetical situation for a potential story.
Lets say Bob is a minor whose parents have already pre-paid for him to attend a religious summer camp as daycare for the entirety of summer. Unfortunately due to some assorted disagreements with the owners of the camp Bob is no longer comfortable attending sai... |
> The real question is do they have to refund the rest of the summer camp fees if Bob is expelled due to his own intentional misbehavior?
Not if the contract was written by a good lawyer, or even by a merely competent lawyer. In that case, the contract will provide that there is to be no refund in the event of expu... |
Suppose a 10 page lease agreement is signed by a landlord and tenant. After a number of years, some of the pages were misplaced but each of the parties signed the bottom of each of the 10 pages (not just the last page).
Can one party use the part of the lease that was not misplaced to hold the other party to the ter... |
Can a Lease with Missing Pages be used as Evidence in Court? |
> Can a Lease with Missing Pages be used as Evidence in Court?
Yes. Being *relevant* to the claim(s) and *signed* by the parties gives the filed pages evidentiary weight. If the filed evidence is disputed, its filing shifts to the adversary the burden of proving that the missing portions of the contract outweigh the... |
Suppose a landlord and tenant enter into a lease agreement where the landlord is named in the lease agreement but the landlord's spouse signs the lease. Is such a lease enforceable in court?
For example, suppose the lease contains the following provision:
> This lease is made on January 1, 2023 between Rachel & J... |
Is a residential lease signed by one's spouse valid? |
Let us assume an improvement (wooden deck) has been made on a Florida condominium by an individual owner (not the Association) **on the common area**. There is debate as to whether the owner actually had the proper approvals: there is also debate as to whether. The owner has sold the condo to a new owner.
My q... |
Either "Owner" or "Association Member" would be the simplest and most effective terminology to describe a resident owner of one of the condominiums within your group.
Whether or not the person who previously resided there made some improvement to a common area, (authorized or not) has no bearing or relevance on the ... |
> Is a residential lease signed by one's spouse valid?
Yes, except maybe where it is proved (by the landlord) that the spouse was not authorized to enter that lease on behalf of the landlord.
> Would signing her own name instead of his name be problematic?
No. As long as it evidences that parties entered a con... |
Suppose Party A & Party B have a disagreement about the terms a contract and Party A presents a contract written in 2010 as evidence against the other party.
Party B presents a different contract written in 2013 which is worded slightly differently and supports his case.
Party A then finds a 3rd contract written... |
Can a Party Introduce a New Contract as Evidence that Conflicts with Previous Submission? |
Suppose Party A & Party B have a disagreement about the terms a contract and Party A presents a contract written in 2010 as evidence against the other party.
Party B presents a different contract written in 2013 which is worded slightly differently and supports his case.
Party A then finds a 3rd contract written... |
Suppose a husband authorizes his wife to act as an agent on his behalf to enter into a contract agreement with another party: Would she sign her own name on the contract or that of her husband's (the principle)? Or both? I've read this:
The proper way to sign as an agent is to first sign the principal's full leg... |
Signing a contract as an agent - should the agent sign his name or the principle's name? |
If a client confessed to plans, in-going activity or intent to commit a crime, an attorney may disengage.
I would argue imposing a duty on an attorney to disclose their reasons if it requires court approval would be a violation of prohibition against self-incrimination.
But I cannot wrap my head around how is Bid... |
How is Biden’s lawyers turning the documents over not a material breach of client-attorney confidentiality and a violation of the 5th, 6th Amendments? |
Lets say that I own "Iron Chimpanzee LLC" and have been selling furniture with it in Florida for years. I never got a trademark. One day, a guy in Alaska decides to open a new furniture store in Alaska with the same name, "Iron Chimpanzee LLC", and trademarks "Iron Chimpanzee" at the federal level.
Can he sue me the... |
Can a trademark be enforced if a different company was already using it? |
I am an international graduate student in the UK on a Tier 4 student visa. My partner is a German citizen and currently lives in Germany. We are planning to get married. Are we allowed to register our marriage in the UK and if yes how? Most guides assume that I am British or that my partner is British and are written a... |
It could go either way
=====================================================
Let's dispose of the two trivial cases:
1. if all parties agree there is a valid lease, then there is a valid lease;
2. if all parties agree there is no valid lease, then there is no valid lease.
Now we get into the weeds, and it a... |
Suppose a husband authorizes his wife to act as an agent on his behalf to enter into a contract agreement with another party: Would she sign her own name on the contract or that of her husband's (the principal)? Or both? I've read this:
The proper way to sign as an agent is to first sign the principal's full leg... |
Signing a contract as an agent - should the agent sign his name or the principal's name? |
There are several views as to the meaning of the "lawful sanctions" exception.
### The sanctions must be of the kind widely accepted as legitimate
[Special Rapporteur][1] on torture, [Nigel S. Rodley][2], was tasked by the U.N. Commission on Human Rights to report on the practice of corporal punishment through th... |
I live in America (VA), and I wanted to replace my current license plate with a customized one.
I found an item on Amazon, which gives me a blank black license plate with white text.
The original content and my license text is still the same, however now the design would be different. Are there are laws that proh... |
There are several views as to the meaning of the "lawful sanctions" exception.
### The sanctions must be of the kind widely accepted as legitimate
[Special Rapporteur][1] on torture, [Nigel S. Rodley][2], was tasked by the U.N. Commission on Human Rights to report on the practice of corporal punishment through th... |
I live in America (VA), and I wanted to replace my current license plate with a customized one.
I found an item on Amazon, which gives me a blank black license plate with white text.
The original content and my license text is still the same, however now the design would be different. Are there are laws that proh... |
If a client confessed to plans, in-going activity or intent to commit a crime, an attorney may disengage.
I would argue imposing a duty on an attorney to disclose their reasons if it requires court approval would be a violation of prohibition against self-incrimination.
But I cannot wrap my head around how is Bid... |
Suppose Rachel & Jared ("Tenants") enter into a lease agreement with Robert and Robert's wife, Elizabeth, signs the lease:
> This lease is made on January 1, 2023 between Rachel & Jared Smith
> ("Tenants") and Robert Gates ("Landlord").
Elizabeth Gates signs her own name on the lease. Nowhere does the lease stat... |
Can a Tenant Dispute the Validitiy of a Lease Signed by the Landlord's Spouse? |
Suppose Rachel & Jared ("Tenants") enter into a lease agreement with Robert and Robert's wife, Elizabeth, signs the lease:
> This lease is made on January 1, 2023 between Rachel & Jared Smith
> ("Tenants") and Robert Gates ("Landlord").
Elizabeth Gates signs her own name on the lease. Nowhere does the lease stat... |
Suppose Rachel & Jared ("Tenants") enter into a lease agreement with Robert and Robert's wife, Elizabeth, signs the lease:
> This lease is made on January 1, 2023 between Rachel & Jared Smith
> ("Tenants") and Robert Gates ("Landlord").
Elizabeth Gates signs her own name on the lease. Nowhere does the lease stat... |
Suppose a husband authorizes his wife to act as an agent on his behalf to enter into a contract agreement with another party: Would she sign her own name on the contract or that of her husband's (the principal)? Or both? I've read this:
> The proper way to sign as an agent is to first sign the principal's full legal... |
According to [this thread][1], one of the three criteria in filling suit to compel arbitration in federal court is **diversity of citizenship**.
Suppose Party A enters into a business contract with Party B. Party B sells the business to Party C in such a way that Party C inherits any previous contractual agreements ... |
Diversity of Citizenship in Federal Court Jurisdiction? |
I've seen all of these terms being thrown around to describe overlapping concepts.
I believe a suit asks the court for a monetary judgment whereas a "petition" just asks the court for an order for action. Is this correct?
What's the difference between the other ones?
Is there a specific type of form / process ... |
What's the difference a petition, motion, suit & complaint? |
For example guilty until proven innocent is a principle of common law. Does it apply in every country which has common law ? |
Do principles of common law apply everywhere? |
For example presumed innocent until proven guilty is a principle of common law. Does it apply in every country which has common law? |
I live in America (VA), and I wanted to replace my current license plate with a customized one.
I found an item on Amazon, which gives me a blank black license plate with white text.
The original content and my license text is still the same, however now the design would be different. Are there are laws that proh... |
> As I understand, the limited liability that police enjoy, requires that people bringing civil cases against police must prove that the police person should have had a reasonable knowledge of the civil rights that you accuse him of breaking, for the civil case to be successful.
Right, **should** have known.
> If... |
From what I understand this power is discretionary to courts other than supreme courts. But there isn't much material on it. Is there any grey area that I might be missing ? And are the decisions of supreme court binding on high courts of states ? |
In Indian law are courts required to give similar verdicts for similar cases? |
Most legal systems try to encourage different courts to give similar verdicts for similar cases.
India has a unified common-law based system, so judgements of superior courts set binding precedents that are binding on all inferior courts. See [this page][1] for reference. Thus judgements of the Supreme Court set... |
According to [this thread][1], one of the three criteria in filing suit to compel arbitration in federal court is **diversity of citizenship**.
Suppose Party A enters into a business contract with Party B. Party B sells the business to Party C in such a way that Party C inherits any previous contractual agreements s... |
This is a hypothetical situation for a potential story.
Let's say Bob is a minor whose parents have already pre-paid for him to attend a religious summer camp as daycare for the entirety of summer. Unfortunately, due to some assorted disagreements with the owners of the camp, Bob is no longer comfortable attending ... |
Let us assume an improvement (wooden deck) has been made on a Florida condominium by an individual owner (not the Association) **on the common area**. There is debate as to whether the owner actually had the proper approvals: there is also debate as to whether. The owner has sold the condo to a new owner.
My q... |
Let us assume a **fixture** improvement (wooden deck) has been constructed on a Florida condominium by an individual owner (not the Association) on the Association's common area.
However, assume for this example that the owner did have standing (permission and licensing) to build the improvement. DaleM indicated ... |
Are condominium fixture improvements property of the Association? |
Let's say Bob is a child in school who usually rides the bus home to his parent's house after school. However, one day he doesn't get on the bus, instead walking to a friend's house, where he proceeds to do things his parents don't approve of. Let's say the parents complain to the school about letting their son regul... |
> What's the difference a petition, motion, suit & complaint?
Suit and complaint are rather similar. The term *complaint* is more often used in litigation, although legislation also refers to "filing suit".
In trial court, *petition* is a complaint for some types of issues. Arguably the most common use of that te... |
In California, the question is largely answered by [EDC §44808][1], which says that
> Notwithstanding any other provision of this code, no school district,
> city or county board of education, county superintendent of schools,
> or any officer or employee of such district or board shall be
> responsible or in any... |
> Is this the only way?
No. This type of formalities can be dispensed with as long as the substance of the terms of the contract and the parties thereto is clear.
> If the contract contains the husband's name as the party entering into the legal agreement but the wife omitted her husband's name before her signatu... |
I was tricked into signing an auto renewal contract for 2022 baseball select league. I told him I was only paying for the summer and fall season and he directed me to use option 1 as it was cheaper to pay for both seasons in full, which also has an auto renewal policy. I thought I was just signing a payment authorizati... |
> Is this the only way?
No. This type of formalities can be dispensed with as long as the substance of the terms of the contract and the parties thereto is clear.
> If the contract contains the husband's name as the party entering into the legal agreement but the wife omitted her husband's name before her signatu... |
Let us assume a **fixture** improvement (wooden deck) has been constructed on a Florida condominium by an individual owner (not the Association) on the Association's common area.
However, assume for this example that the owner did have standing (permission and licensing) to build the improvement. DaleM indicated ... |
Why are condominium fixture improvements property of the Association? |
The [Geneva Convention relative to the Protection of Civilian Persons in Time of War](https://www.ohchr.org/en/instruments-mechanisms/instruments/geneva-convention-relative-protection-civilian-persons-time-war) states that
> Persons taking no active part in the hostilities, including members of armed forces who ha... |
What's counts as "taking active part in the hostilities" under the Geneva Convention? |
Let us assume a **fixture** improvement (wooden deck) has been constructed on a Florida condominium by an individual owner (not the Association) on the Association's common area.
However, assume for this example that the owner did have standing (permission and licensing) to build the improvement. DaleM indicated ... |
A question asked by another member about missing pages in a lease brings to my mind the question of whether there is a legal requirement for contract pages to be numbered so that it is e.g. obvious when a plaintiff or defendant has simply omitted inconvenient pages ?
I generally see clauses being numbered, but I don... |
Do contracts require pages or clauses numbered? |
In the US, copyright has been retroactively extended multiple times. [Steamboat Willie for example has repeatedly been snatched away from the public domain in the last minute](https://en.wikipedia.org/wiki/Steamboat_Willie#Copyright_status).
It was first due to enter the public domain in 1955. Then in 1986. Then in ... |
How was retroactive copyright extension ever approved of? |
Suppose a web service offers users to store their media data, some of which may be copyrighted. The service would keep metadata separate from the content itself, and that content would be transparently encrypted and decrypted on the user's device, with the keys never leaving that device. Thus, the web service has no wa... |
When Party P (Plaintiff) files a lawsuit against Party D (Defendant) and the Defendant submits a motion to dismiss case. Party P submits an Objection to the motion.
Party D wishes to counter the objection filed by Party P.
What document must Party D submit to counter the motion's objection? A reply brief? Or a le... |
When Party P (Plaintiff) files a lawsuit against Party D (Defendant) and the Defendant submits a motion to dismiss case. Party P submits an Objection to the motion.
Party D wishes to counter the objection filed by Party P.
What document must Party D submit to counter the motion's objection? A reply brief? Or a le... |
> does Texas law require the business of business to consumer contract, to provide the consumer notice before the auto renewal goes into affect?
If the contract has a clause regarding auto-renewal, the business is required to notify again about it only if the contract imposes on the business that obligation. I highl... |
Let us assume an improvement (wooden deck) has been made on a Florida condominium by an individual owner (not the Association) **on the common area**. There is debate as to whether the owner actually had the proper approvals. The owner has sold the condo to a new owner.
My question is: what is the simple/effec... |
> Would the court accept the 3rd contract from Party A as evidence? Or would it be rejected on the basis that it conflicts with the first contract presented to the court?
*If* the contract from year 2016 is rejected as evidence, it would be for belatedness and/or other reasons rather than for not being the one initi... |
Suppose a person based in UK has started a one-man business online, for example, a web blog where people can read articles and post comments. Now, the business owner is focused on testing out the business idea, and does not have money to hire a legal consultant just yet. So there are a few GDPR violations on the web bl... |
Such as violator could be subject to a fine, not just to a lawsuit. That is if action is taken by the national Data Protection Authority (DPA).
My understanding is that DPAs mostly concentrate on large businesses and organizations. But it seems that there have been some actions involvign smaller offenders. The [GDPR... |
Client gives notice to attorney of potential issue. Later, some tangible item, such as a document, causes emotional distress / mental breakdown of the Client that escalates the issue to a potential tort.
Client retrieves the tangible item from tortfeasor, and immediately goes to attorney's office and delivers the it... |
Is there a way to predict how much a lawsuit will cost before it is started? I am deciding if it's worth it to hire a lawyer. At a high level I would like another party to stop doing what it's doing. I had a free consultation with a firm where I gave them the details of the scenario and what I would like to happen. The... |
How does one budget when deciding to commence legal action? |
A couple of years ago, I opened an account with a serious and professional crypto exchange.
In the last year I haven't carried out any operations, a few days ago I decided to go back to do some trading.
I had to supplement my account with new personal info, selfies and photos of my passport.
All approved, so... |
How to defend yourself if your Crypto Exchange, for no reason, disables your account? |
Names are fictional in this example.
I have an fruit store called "aple" (with one p, therefor commonly misspelled and also no dictionary word). My real domain is "aple.store". 'aple' is not trademarked for selling fruits.
Would it be legal to register "apple.store" or "apple-store.com" for typosquatting even i... |
I was looking into the **criminal law** application of the **Computer Fraud and Abuse Act** in the United States of America.
Since, to the best of my knowledge, it is a Federal crime the statute of limitations is usually five years, however I know individual Acts can set their own time-bars.
Could somebody confir... |
I am a researcher working at a public research institute. A research group from another country has published an algorithm in a peer-reviewed journal and provided a server implementation of it on their website (no public code). I have implemented the recipe of this algorithm as an open-source software tool, and I plan ... |
I am a researcher working at a public research institute. A research group from another country has published an algorithm in a peer-reviewed journal and provided a server implementation of it on their website (no public code). I have implemented the recipe of this algorithm as an open-source software tool, and I plan ... |
A couple of years ago, I opened an account in **Bitpanda**, deeming it a serious and professional crypto exchange.
In the last year I haven't carried out any operations, a few days ago I decided to go back to do some trading.
I had to supplement my account with new personal info, selfies and photos of my passpo... |
My crypto exchange closed my account for no reason, how can I defend myself against it? |
In this example, the names are fictional.
I have a fruit store called "aple" (with one p, which is commonly misspelled and is not a dictionary word). My real domain is "aple.store". "aple" is not trademarked for selling fruits.
Is it legal to register "apple.store" or "apple-store.com" for typosquatting even if... |
If a patent is granted the patent owners have the right to use the courts to try to stop anyone in the country where it issued from making, selling, offering for sale,importing or using the patented device.
In the case of a patent with claims to a process, the *using* would be they trigger. That is executing the pr... |
Apparently there are various bases for establishing landlord harassment. Section 28’s method in the housing act 1988 applies where it has caused the occupier to give up occupation. But what if it hasn’t successfully caused the occupier to give up occupation, but only disturbed their peace and comfort therein?
Are te... |
How are damages for landlord harassment calculated? |
Is there a discipline teaching how to design either a contract, in terms of logic and real-life feasibility, not just law.
A contract designed by lawyers is expected to be efficient if the parties involved have a conflict and their conflict reaches court. But what about contracts which are designed to prevent such ... |
What discipline is the closest one to applied contract theory? |
Legislation.gov.Uk had up to date copies of many laws as they are most recently amended, but not of the housing act 2004. Where can an up to date version of this law be found online or in person? |
Where can One find an up to date copy of sections 212-215 of the housing act 2004? |
I attempted to search the [1981 decree][1] regulating immigration matters to Belgium to find the legal consequences of a fraudulent visa application, but I was not successful.
What are the legal penalties for committing consular fraud, such as false testimony, false documentation, false passport, etc., whether it i... |
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via **1**) federal question jurisdiction or **2**) diversity jurisdiction.
Federal question jurisdiction arises from 28 USC 1331 which provides that federal... |
What is "look through" analysis? |
**Edit:**
Lol , looks like it's hitting right at the spot for the racist. Look at the down votes and comments. Go ahead , be the idiots you are.
Can I sue Domino's if the manager was being rude and also I feel he was doing that because he was racist?
When I called Domino's for an order that was delayed by 20 min... |
For a federal court to hear a case it must have both subject matter jurisdiction and personal jurisdiction.
Federal court retains subject matter jurisdiction via **1**) federal question jurisdiction or **2**) diversity jurisdiction.
Federal question jurisdiction arises from 28 USC 1331 which provides that federal... |
Assume that the complainant has sufficient proof of racial discrimination in their workplace, and wishes to have it investigated.
What is the regular course of action in such case in the United States?
From reading the [Civil Rights Act of 1964](http://www.nolo.com/legal-encyclopedia/content/civil-rights-act.html... |
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