Search results

I agree, but I also believe the FTC lacks the authority to adopt that rule. If federal law is to ban non compete agreements, it needs to come from Congress. The FTC lacks express consent from Congress for this rule. The states lack the power to do it too, as the Constitution bans states from...

If the bar gives an opinion that the fees were proper, that's not evidence that the attorney can use against you in court. But you'd want to read the decision carefully because if the bar officials are not convinced of your claim that may give you an indication of what the judge might decide in...

The first thing you ought to do is reconsider your view about public defenders. Public are licensed attorneys just like all others — went to an accredited law school, passed the bar, passed the background check, and obtained a license to practice law from the state's highest court. Two of my law...

In California the state bar and state bar association, which are separate organizations in most states, are unified into one organization that is an agency of the state. Fee disputes are the most common complaints clients have, and every state has a process to deal with it, usually starting with...

Jack is wrong on this one. Proper service is required for a court to have personal jurisdiction over the defendant. If you haven't been properly served, the way to deal with that varies by state. In some states if you file any motions or make any appearances in the case you've been deemed to...

The address is the one to which mail should be sent, which might not be where you live. I would just use today's date as today is the date you realized that mail needed to be sent to a different address. Doing that would help support you in the argument that you didn't know the address was wrong...

The crime, as you describe it, is fraud, inducing dad to pay tuition by representing she'll live in the agreed living situation, which she knew at the time she did not intend to do. But that has nothing whatsoever to do with the zoning and use decisions. That's a personal dispute between Dad and...

Here's the problem. The lawyer can't file anything with the court for dismissal or otherwise until you have been formally charged. For most federal crimes you are not formally charged until a grand jury enters an indictment against you. So if the prosecutor is still waiting for the grand jury...

The Supreme Court did not discuss directly the state's ability to bar candidates for Congress under the 14th Amendment's insurrection provision because that was not the situation it before it to decide. Thus, the decision doesn't answer the question of whether states may bar any candidate...

I agree. By way of explanation for the OP, writs of mandamus are granted when the government body involved has a clear duty to act under the law such that the agency has no discretion regarding the matter. Enforcement of the law nearly always involves discretion. The law doesn't require, for...

Well, he may sue the dealership. He's the one who made the deal and it's his money and credit that are affected. As his fiancée you have no legal or financial interest in this (though I understand you feel emotionally invested in it). What the outcome of the case would be is impossible to...

Once you are trustee you'll have to file the trust income tax return (Form 1041) if the trust realizes gross income of $600 or more. So even if the trust did not have any taxable income, the filing of the Form 1041 may still be required. Gross income is a term that is very broad in federal tax...

The city could change the ordinance even after you file a court complaint. Assuming that the change does not violate state law in some manner, it would make your lawsuit moot if the change to the zoning clearly allows for the use that the owner is making of the property.

The roles of the President and that of members of Congress are, of course, very different. The Constitution itself makes that quite clear. Members of Congress are not "officers of the United States". Officers of the United States include members of the executive and judicial branch but not the...

A couple of important things to note. Those liens will follow his assets and if the taxes are not paid by the estate, the beneficiaries will have to pay the taxes to avoid possible seizure by the IRS to collect the tax. The tax liens also have a higher priority than any later secured debt or...

No, I did not read that. But I also did not read the exact details of what the estate actually did because you haven't provided all that, and those details are important. That is why I put the word IF right before what you quoted, and evidently you missed that word...perhaps reading what you...

Very true. But the debtor has to have something worthwhile to offer the credit card company. If the debtor can't afford to pay anything — if all his/her money is needed to buy food and keep a roof over his/her head — there won't be anything to offer to settle. In that regard, the apparent...

I didn't say you didn't see what you saw. I'm saying that your interpretation of how it occurred and who did it might not be right. In other words, your assumptions about what is behind what you saw may be wrong. People make wrong assumptions all the time. Unfortunately, sometimes that leads...

If the federal government gets a wiretap authorization (warrant) for you cell phone to monitor your calls, texts, and e-mails you won't know about it by looking at activity on your phone. The wiretap orders go to your cell phone provider which then is obligated to provide them with the...

If you can't pay the debt then there really isn't any reason to contact the lender's attorney. What the attorney will want to hear is a proposal to pay what the creditor says is owed. If you can't do that, the attorney will just shrug and say "see you in court" or ask you to sign a confession of...