General Practice Legal Questions

Anybody can sue anyone for anything, so of course your sister can take you to civil court, but that doesn't mean she would win.  If the court believes you that the dog was a gift from her, and does not belong to someone else, you will win.  As far as criminal charges, your sister can complain to the authorities, but it is their decision whether or not to charge you.... Read More

Although it is possible that GA law is different, there would be no legal requirement as to how long you must refrain from selling property after accepting a deposit.  It depends on what the contracting parties agree on.  Did you agree with the owner that he would hold the camper for a specified period of time?  If this term was not discussed, the law will generlaly imply a reasonable amount of time, but "reasonable" depends on the circumstances.... Read More

You can file an action against the trustee or successor trustee who is administering the trust, for an accounting, and he will have to produce all the records that show all the disbursements to each beneficiary and to each creditor or taxing authority if any. You should also read the terms of the trust to determine if he is required by those documents to file an annual or semiannual accounting or other periodic accounting. ... Read More

OK so if two joint tenants Listed as owners on a piece of property cannot agree on whether to sell or not to sell, then the person that wants to sell the property has to file a partition action against the other joint tenant or cotenant and the property will be sold pursuant to court order, and the proceeds will be split evenly after expenses and fees and court costs are paid. So just retain a real estate attorney to initiate a partition action against your boyfriend.  ... Read More

Unlike a criminal prosecution, where an unsuccessful attempt to commit a cirme is a crime and punishable,  there is no civil case where something bad "could have" happened.  If the grill is still assembled incorrectly, you can probably force home depot to assemble it correctly.  It would probably be happy to do so.  If the grill has now been assembled correctly, you have suffered no damages and have no legally cognizable claim.  Home Depot may be willing to give you some sort of small benefit to avoid hard feelings, or a bad review on yelp or other websites, but you have no case that will stand up in court.... Read More

Ok so if he was a process server, who was serving a summons and complaint, then that means the lawsuit has already been filed. So, you can call all the civil courts in your county, including small claims court, and family courts and ask the court clerk to do a name search-for your first and last name in the last 3-4 months to see if anyone filed a claim against you. The other possibility is that this could be a census taker, but those people usually announce themselves if you ask them what they want. Another possibility is that it was just a sales call. ... Read More

OK so anytime a foreign national wants to qualify for a tourist visa, they have to independently establish that they have enough contacts with their home country that would motivate them to return. For example they have a steady job and a steady income, and they have real estate or equity in a home that would motivate them to return after their visit is complete. Generally speaking, when someone applies for a tourist visa, the US host Who they plan to visit, can do very little if nothing to assist that person in qualifying for a tourist visa.       ... Read More

It really depends on the specifics and the type of case.  They generally bring up issues that are relevant to the matter at hand.  So if it's a criminal case or child welfare, maybe they do.  If it's a breach of contract case, probably not.  You can also address these issues in preliminary evidentiary motions if you are concerned.... Read More

Yes, a property manager has a legal duty to evict or not rent to tenants who they know or should know pose a risk of danger to life or safety of other tenants on the property. So if complaints were made by other tenants to the management that this tenant was a bad apple, then they had a legal duty to evict that tenant and as a result of their failure to evict, you suffered forseeable injuries that They should be liable for. Now Florida follows the "impact rule", which means that in order to recover for personal injuries, you have to suffer what's called a physical injury or an impact to your physical body. There are few exceptions to this rule, but that is an issue in your case because you did not specify whether he actually caused an impact to your physical body. You should discuss your case in further detail with counsel here in Florida for possible contingency fee representation, which means you don't pay anything unless you win your case.... Read More

OK so an invitation letter is really not required in order to get a tourist visa at the US consulate in Manila. Your friend would have to independently qualify based on his assets and income and job history in order to get a B2 visitor visa. There is no requirement that you have to pay for any public benefits that he uses, if he qualifies for a visitor visa because you're not sponsoring him. If you were sponsoring him for a green card and he left to go use public benefits and did not repay those benefits then there would be some legal liability on your part but that doesn't Apply to your situation.... Read More

I don't know what you mean about "legal", since you don't allege that your dad has locked you up, held a gun to your head, or done anything other than make his wishes known  Certainly it's not a crime for your father to tell you who to see, but, as an adult, you have no obligation to obey him.  On the other hand, as you are an adult, he has no obligation to allow you to stay in his house (assuming he owns the home; if someone else was a co-owner, like your mother, that co=owner would certainly have something to say about it) or pay for your school, any may opt to do neither if you disobey him.  Legally, this is no different form an employer telling an employee that he/she has to work on Saturday.  The employer can't force the employee to work on Saturday, but the employer can fire the employee who refuses.  One caveat, the law may be different in NC than in the states where I practice, or there may be something unusual about your situation (on parole?  not legally competent for some reason?) which you haveen't mentioned that could make a difference.... Read More

If the case is closed, there is no discovery.  The way to proceed depends on the facts of the case and why it is no longer active.  You may be able to reopen the case or file an appeal under certain circumstances.  Overall, this is going to be too complex to discuss on this forum.  I suggest sitting down with an attorney in your area who practices the type of law that yours entailed.  (e.g. criminal, family law, breach of contract, etc.) Best of luck.... Read More

Generally speaking, there have been courts that have ruled that a failure to disclose that a person died in a house or apartment that was marketed for sale or for rent is required to be disclosed to the prospective buyer or renter. And a failure to disclose that fact will render the contract to rent or To purchase the house or apartment void/voidable at the option of the buyer/renter. However the expense based on your situation of going ahead with court action to get an order voiding the contract so that you can vacate the property would probably be worth more trouble than it's worth. So you should retain counsel to write a demand letter to renegotiate the terms of the contract or to let you out of the contract based on this non-disclosure. And counsel should site relevant caselaw to support his position.   ... Read More

Yes you can.  The first thing I want to say is document the evidence.  Take photos, video, get measurements etc.  Road maintenance is an exception to the sovereign immunity rules here in Ohio.  You still need to prove negligence, but that's true in any injury case.  Get an attorney on your side.  He or she can make sure things are done properly and help you receive the compensation you deserve.... Read More

I'm sorry, no question seems to be asked here.  If you are seeking an attorney the Find a Lawyer tab on this webpage is a good place to start.  Lawyers on this forum cannot respond to a question by saying something like, "Sure I can help call me."  You need to be the one to initiate contact. Best of luck.... Read More

you do  not have to (except in unusual circumstances not present here) return an unconditional  gift.  Once it is given, it is yours.  However, your son may have a different story, for example he may claim that he was only lending it to you to allow you to use it for a while, or that you were supposed to give him somehting in exchange, or some other story, and it is always possible that the judge/jury will believe him.  The fact that he kept title in his name would tend to support such a claim.... Read More

First, when you say legally responsible, eo you mean criminally or civilly?  The standards are different, but really the answer to either is it depends on the circumstances.  Did you fall asleep after the person dove, or did you let the person know two weeks befroe the dive that you would lnot be able to pump oxygen?  Were you unable to pump oxygen because you had a heaert attack, or did you just decide you were mad at the diver?  If you were on the boat and just decided not to pump oxygen, knowing that the diver was relying on you to do so and that he/she would be in danger of drowning if you didn't, or perhaps even intending that he/she drown, you could be liable both criminally and civilly.  If you let the diver know a week in advance, so that he/she could have decided not to dive, you could be liable civilly for breaching your contract, but not criminally (althoug it is not clear what damages you'd be responsible for, perhaps the extra cost of hiring osmeone else to pump the oxygen; under those circumstances it's very unlikely that you'd be liable for wrongful death, although I wouldn't put it past some lawyer to sue you for it).  There are many other possible scenariox with differeing facts which could lead to different results.... Read More

Anybody can sue anybody for anything at anytime, the question is whether she can win, which depends on many more facts than you've stated.  The fact that you've not ultimately benefitted doesn't matter; if I loan you money to pay for lottery tickets, or to buy stock, the fact that the ticket was a loser or that the stock is now worthless does not mean that you don't owe me the money.... Read More