Arizona Recent Legal Answers from Lawyers

It's hard to answer your question because I don't know what you want the banker to testify about.  He can't testify about what he "knew", only about what occurred, in this case what somebody said to him. Hearsay is an out of court statement offered in evidence for the truth of the matter asserted.  If a statement is not offered for its truth, it is not hearsay.  Thus, if I ask you your age and you say "39", I can't offer that statement in evidence to show your age (unless a hearsay exception applies) but I can offer it to show that you understand English.  Are the statements to which the banker will testify being offered for their truth? Hearsay is considered less reliable than non-hearsay because a jury not only has to determine if the witness is lying (whch they have to do with qny evidence) but also whether the person who made the statement was lying, and they have to do this without being able to hear or observe the person making the statement.  There are many exceptions to the hearsay rule, most based on the inherent reliability of the type of statement.  For example, a statement against interest is an exception to the hearsay rule because people will generally not say something against their interest unless they're telling the truth.  An excited utterance ("Oh my god, Jim just shot Carl!") is an exception to the hearsay rule because people usually do not have the time or presence of mind to formulate a lie while in an excited state.  There is nothing in your question which indicates that the banker's statements fall withing any hearsay exception (of course, I don't know all the facts).  There could be an exception, however, based on who "she" (the person who made the statement) is.  If "she" is the other side to the dispute, the statement would not be hearsay - statements by opposing parties are not hearsay because they can always testify to contradict the statement if they want, and therefore the jury will have a chance to hear and observe the witness. ... Read More

It appears that your brother is not in a condition to appoint anyone his agent under a Medical Power of Attorney and that there is not time to apply to become his guardian.  Contact a local elder law attorney to learn whether Arizona has a statute which would allow next of kin to act in this situation.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

What does your contract say?  On your ticket or somewhere in the paperwork (which could be electronic) the terms under which you are urchasing the ticket will be set forth, probably including something like the venue reserving the right to banish anyone who, in its judgment, is being disruptive without providing any refund, or something of that nature.... Read More

Generally speaking, a person's debt it his own.  If your mother were to inherit the car, she would first have to pay your father's debts.  Contact the lender to determine whether they will accept the car and cancel the debt.  It may depend on whether the resale value equals or exceeds the debt -- and, if not, whether there is enough in his bank accounts to make up the difference.... Read More

You need to deposit the check in his account (if it still exists) and using Letter Testamentary transfer that account to the estate's account.  If his account no longer exists, deposit the check in the estate's account.  As the bank may have told you, you cannot simply cash it: the money belongs to your father and then to his estate, not to you.... Read More

If you infuse someone else's shampoo with CBD and re-brand it with a different name, then you will be sued for the following: 1. Trademark infringement; 2. Patent infringement (assuming the shampoo has a patent); 3. Unfair competition; and 4. Trade secret (if the shampoo formula is a trade secret). Please try to make your own formula and brand it with a unique name without creating a false association.    Disclaimer: The response is general in nature and cannot be construed as legal advice. If you would like to have legal advice, then please consult any competent attorney privately to discuss your case and establish a proper attorney-client relationship. I only work through my website at https://affordabletrademarkattorney.com/... Read More

It is difficult to say or to guess how you -- or a court -- would calculate your damages or if you can physiically and financially manage to get the sheriff to enforce a court order to collect those damages.  The most important thing may be to stop the abuse.  Report it to Adult Protective Services.... Read More

When an estate is presented for probate, with or without a Will, it becomes a public record.  Contact the probate court clerk in the county where you father died to see whether he left you anything in his Will or, if he did not have a Will, what proportion of the estate you are entitled to -- after all debts are paid.  There is generally much less than people expect.... Read More

You've heard the adage "ignorance of the law is no excuse?"  It's true.  The fact that you didn't know what the law was is not a legal defense to your ticket, so I don't think you will win your appeal.  If you refuse to pay the fine, I assume that the Court will eventuallly order you jailed for contempt of court, where you probably will stay until you pay the fine, with interest.  Even after you get out, your incarceration may have to be explained to prospective employers, loan officers, etc.  It's not going to help your prospects.  Seems kind of silly to me, but it's your life.... Read More

Check with DMV.  In most states, a document which names a beneficiary passes title to the beneficiary outside the Will.  If that is the case in Arizona, the park model trailer is yours and you owe rent.   The executor of the estate must gather the assets, including the contents, but can do so without locking you out of your own property.  Send a notice, certified mail return receipt requested, stating that if the contents are not removed from your property within 30 days they will be considered abandonned and disposed of.  They can be moved to a storage facility:  they do not need to be in your trailer (assuming the DMV says that it is yours). ... Read More