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Competency for Power of Attorney
What is the level of competency required for a person to execute a power of attorney? Would an 80-something year old three weeks after a stroke be considered competent enough to execute a PoA? How do attorneys-at-law determine if a person is compete


Re: Dog bite help needed
lions8491@yahoo.com (GC) wrote in message news:<2qrll097s0dult2kmjbnic3ah4jdcst9f9@4ax.com>... > ... Now for my questions (if you're still with > me). Uh... well I can't find the part where you say the neighbor sued you. You say she had no inten


Should I contest ticket?
An intersection near a local elementary school has a sign that prohibits left turns up to 3pm. After making purchases at a Walmart (recipt timed at 2:42), I then drove @ 1/2 mile to the local police station to turn in a citizens crime report. I was s


Re: Defense calling a plaintiff's witness?
Jay Levitt wrote: > I was reading a book on fighting speeding tickets, and one chapter > recommended a strategy that, to me, sounds a little odd. When the > plaintiff (in my case, the Commonwealth of Massachusetts) calls the > officer as a witness


Late payment fees legal in all states?
Can anyone tell me if there are states that do not allow these so-called $25 late payment fees many companies are charging the consumer these days? Thanks for the replies. George


meaning of "generally", in a contract?
My Dell Laptop services contract makes the claim that repairs are "generally" made within 1 day. What legal implication does "generally" have? E.g. if only 10% of repairs are made in 1 day based on past history and there are no internal plans to impr


Re: what happens to a warrant when extradition is declined?
>There was an old arrest warrant from California for a friend of >a friend who lives in Massachusetts. A few years ago he was >picked up by local police on the warrant and released when > California declined to extradite. This year the same thing >h


Small Claims/Harassment
I posted earlier concerning damage to a rental house. I got several very helpful replies, which all suggested small claims court. I filed earlier this week. In the lower-level court, which caps the award at $1500, because 1) The filing fee was cheaper


Re: Origin of "totality of the circumstances" is...?
In article <tqrll054df50tua4tur84amo85kev9s92q@4ax.com>, Christopher Green <cj.green@worldnet.att.net> wrote: >When there are specific requirements as to what one may or must or >must not do, "totality of the circumstances" arguments don't obtain. >


Re: Forged check - False Claim
In article <qrrll057scsp6g8edlh7g3o28sbecboeo2@4ax.com>, Michael Jacobs <mjacobslaw@comcast.net> wrote: >Another minor quibble: I'm not a banking law expert, but even my >layman's understanding before I became a lawyer was that a post-dated >check i


Re: Offer to buy a house - equally binding to both parties?
In article <6qrll0d7nr99j65bues8nlibotd34kujd5@4ax.com>, Tracy <tlbwriter@gmail.com> wrote: >A friend made an offer to buy a house under construction, contingent >upon selling his own home. The offer was accepted by the builder. You don't give the


Re: why retail prices are usually shown without tax?
In article <p4vlk09pul2qu3a28d9v88soua9nn7nblc@4ax.com>, Robert Bonomi <bonomi@host122.r-bonomi.com> wrote: >Most states require that the merchant surrender to the state, >on a *PER*TRANSACTION* basis, the larger of: > 1) any amount that is charged


Re: Police picked my car locks....legitimate entry?
In article <c7agl05m0em5p61lhj455vkrap7iufblo9@4ax.com>, Stan Brown <the_stan_brown@fastmail.fm> wrote: >"Seth Breidbart" <sethb@panix.com> wrote in misc.legal.moderated: >>Michael Jacobs <mjacobslaw@comcast.net> wrote: >>>My guess is that in OP's ca


Sellers Obligation for Home Repairs California
I am in the process of selling my home in Sacramento Ca. The buyer asked for a 2 year roof certification and I agreed knowing my roof was fine. When the inspector came out he said the shingles were defective and the whole roof needed replaced. Now the


driver lying about accident...what can I do?
I was rear ended by a woman 2 weeks ago. She apparently claims that I was backing up and ran into her. In reality I was waiting to paralell park, not moving at all, waiting until she and others went around me. But she never went around. Her SUV slammed


Re: Question of duress
"chase borden" <chester1851@my-deja.com> wrote in message news:csrll09e1cge1s7esguviq8r0p0k7vfcfd@4ax.com... > Suppose a contract is signed under the following conditions: > > Let's say I am approached by a person with a contract. The person has > a


Evidence - settlement offer question
(I live in Washington State) Can a letter containing a settlement offer be used as evidence?


copyright violation by U.S. company website
I am unsure about how to react to the illegal publication of material by a U.S. company. I am a resident of Germany who is not at all fond of filing a lawsuit in the U.S. because of a little piece of stolen intellectual property. I want to contact the


Is it legal to cash tenant's old check for unpaid rent ?
A tenant is moving out with unpaid rent and cleaning fee with not enough security deposit to cover. He has no plan to pay the outstanding amount he owe. I happened to have one old check from him, he gave me that check and then ask me to take another


Arizona DPS commit murder against 47-year-old man
I wrote the following letter in response to the recent illegal behavior of the Arizona Department of Public Safety (DPS): "Dear Tempe Police: Please investigate the Arizona Department of Public Safety (DPS) on the following criminal matter: The


Re: Question of duress
chase borden wrote: > If I sign the contract, can I get out of it later under the principle > of duress. At least in the movies, signing it "Micky Mouse" (unless your name happens to be "Michael Mouse") seems a fair indication that you did not re


Re: Defense calling a plaintiff's witness?
David S Chesler wrote: > > Jay Levitt <jay+news@jay.fm> wrote in message > news:<l9agl01b9i5a8o8madpvh8ji34iii1o1t0@4ax.com>... > > I was reading a book on fighting speeding tickets, and one chapter > > recommended a strategy that, to me, sounds a l


Re: Origin of "totality of the circumstances" is...?
In article <tqrll054df50tua4tur84amo85kev9s92q@4ax.com>, Christopher Green <cj.green@worldnet.att.net> wrote: > [[.. munch ..]] > >When there are specific requirements as to what one may or must or >must not do, "totality of the circumstances" arg


Re: Double Jeopardy
"Sufaud" wrote: > There is, in the USA, a further problem: "double jeopardy" > ("ne bis in idem") applies only to a single sovereign. > . . . you can be tried for a slightly different crime not > totally dependent upon the same fact


Re: Question of duress
chester1851@my-deja.com (chase borden) wrote in message news:<csrll09e1cge1s7esguviq8r0p0k7vfcfd@4ax.com>... > Suppose a contract is signed under the following conditions: > > Let's say I am approached by a person with a contract. The person has >


Building Permit Issued 'By Mistake"?
I only learned of this yesterday and haven't had chance to check on the facts beyond what I was told third-hand, but it sounds like my new neighbors have a big mess on their hands: I live in a rural unincorporated subdivision of mostly vacation (beac


Re: what happens to a warrant when extradition is declined?
John F. Carr wrote: > There was an old arrest warrant from California for a friend of > a friend who lives in Massachusetts. A few years ago he was > picked up by local police on the warrant and released when > California declined to extradite. T


Re: Inserting New 'Facts' At Summation
"Arthur L. Rubin" <ronnirubin@sprintmail.com> wrote in message news:9srll09d53kp0mmu59eh8tkai9aumk6rrh@4ax.com... > Robert E. Lewis wrote: > > To begin with, I am not a lawyer. > > ... > > > In the final portion of his summation (after the defe


Re: Administrator / Executor of Pennsylvania Will in California
mzz82cp02 wrote: > Thanks for the reply. The Register of Wills in Pennsylvania > told me that I needed to find a California Probate Office > near me and provide the PA office with the address. They > would then send some form -- I believe this


Re: When is trespassing ever not prohibited?
Tracy wrote: > So David, what you're saying is, it's unnecessary to put up a sign > that says "No Trespassing" because trespassing is already forbidden. > It would be like putting up a sign that says "No shoplifting," in that > it doesn't need to be p


Re: Offer to buy a house - equally binding to both parties?
tlbwriter@gmail.com (Tracy) wrote in message news:<6qrll0d7nr99j65bues8nlibotd34kujd5@4ax.com>... [OP's friend struck a (apparently oral) deal to buy a house, contingent on sale of his existing house. Upon meeting to execute the contract, seller ha


Re: Pardons by President or Governor
charlesbreitel@yahoo.com (cbreitel) wrote in message news:<ctt6l011rmgr80mqvt2mq3q7gu011d56e4@4ax.com>... > ... > > The President can only pardon those defendants who are being or have > been prosecuted under federal law. Additionally the Presid


Re: Defense calling a plaintiff's witness?
>Jay Levitt <jay+news@jay.fm> wrote: [OP found advice in a book on fighting speeding tickets to NOT cross-examine the officer if some element of the violation was left out.] >> Rather, it >> recommends allowing the plaintiff to rest, the


Re: creative discrimination
>Barry Gold <bgold@nyx.net> wrote: > >>Hmmm. I wonder if I was violating the law back in 1988. >. . . >>But, was I being "unfair" in creating a class, "people who don't know >>how to write a shell script", and discriminating against it, when I >>co


Common disaster death
Consider husband, wife, both of their 2 children, and all 4 of their grandchildren go on a cruise, and the ship sinks. Husband and wife have wills, leaving all to kids, then grandkids. But with all dead, where does the husband and wife's estate go?


Re: Pardons by President or Governor
According to Mark A <nobody@nowhere.com>: > Despite what CBS and other left wing news organizations have implied, George > W Bush had no power to grant clemency from execution for any Texas inmate > when he was governor, unless the Texas Board of Par


Debt collection - where a corporation is a debtor
I know the FDCPA protects consumers from abusive debt collection practices. Is there an equivelent law (Federal and Washington State) that covers collection activities against a business/corporation? Where would one look to find more? TIA


Re: Defense calling a plaintiff's witness?
In article <rqrll0511pud5h3otv1ljsl6vapanh1lvb@4ax.com>, David S Chesler <chesler@post.harvard.edu> wrote: >Jay Levitt <jay+news@jay.fm> wrote in message >news:<l9agl01b9i5a8o8madpvh8ji34iii1o1t0@4ax.com>... >> I was reading a book on fighting speedin


Re: Ignored 'No Soliciting' sign- legal recourse?
In article <u8agl0p0pqlhnseu67kmh1cb95arhst1oe@4ax.com>, JerryMouse <nospam@bisusa.com> wrote: >In sum, if your city has a city ordinance prohibiting missionaries from >knocking on your door, don't count on it. > >On the other hand, you can prohibit


Re: Offer to buy a house - equally binding to both parties?
tlbwriter@gmail.com (Tracy) writes: > else I would have heard an earful). But it made me wonder... how > binding is an offer to buy a house to either party? The seller It entirely depends on the state. For example, a few years ago here in MA, th


Re: Domain Ownership & Usage
"Arthur L. Rubin" <ronnirubin@sprintmail.com> wrote in message news:7srll05hqu4hasnnfg0gncp2rgpifmrlt3@4ax.com... > > The terms of use only allow individuals to register domain names, > > That may be the terms, but there is a web site at www.sophia.


If an employee is fired because a medical condition...
If an employee is fired because a medical condition, is that considered "cause" to be denied unemployment benefits? If you need more details to answer the question... The former employee in question had his gall bladder removed a few years a


Collecting on a Promissory Note
We are holding a promissory note for $85,000 that was lent by us to a business. The note was at 6% interest, and the business has paid the interest each month. However, the total note is past due, and we have requested payment. The business owner ha


Re: Law school for business people?
"Todd" <toddp@pobox.com> wrote in message news:n7agl09rn1tkdkf4j6mvcb6c07vjfp2t4s@4ax.com... >> I've been looking around for a law program that would cater towards > those who don't want to be lawyers, but want a basic legal training as > would be u


Re: church refuses ex-wife access to church out of fear i will come....
<usenet2@babbler.org> wrote in message news:f9agl0dldtom8k3pf6vttni9pfjjbr28jn@4ax.com... > Can i take some sort of action against them? Yes- you can both show up at the door, with the kids, and ask the person who said not to show up what's the pr


MISC.LEGAL.MODERATED POSTING INSTRUCTIONS AND CHARTER
=== [Revised 28 March 2004] MISC.LEGAL.MODERATED POSTING INSTRUCTIONS 1. Posting should be done in the ordinary manner by using news software. DO NOT MAIL POSTINGS TO THE MODERATOR. If you can't post using news softw


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