General Practice Legal Questions

No.  Both sides have a certain number of peremptory challenges, meaning that they have a certain number of times they can remove a juror at their whim, without needing agreement from the other party or parties, or the judge.  Once those challenges are used up, a juror can only be removed for cause, meaning that a party trying to remove a juror would have to convince the Judge that there was cause to remove the juror.  You would never need the other side's agreement, only the judge's.... Read More

I'm not sure why you think you need a lawyer, at least before the person who assaulted you has been located, but if that person is located and you want to sue her, you should contact a personal injury attorney.  Personal injury law is a branch of civil litigation.  There is no reason why you should need a criminal attorney if you were just the victim of a crime and are not being charged with one.... Read More

It is the firm that is representing the client, not any individual attorney, and the firm would continue to represent the client regardless of which associate is primarily responsible for a given matter.  Thus, there is no professional ethics problem in the second attorney handling the new matter for the client.  However, that doesn't mean that the first attorney would like it or the firm would allow it.  The second attorney may be compelled by the rules of the firm, or his own loyalty, to get the firm's and/or the first attorney's permission before handling the matter for the client.... Read More

It sounds like you may have a valid counter-claim against the contractor. You should file the counter-claim and gather all your evidence to present it in court. If it's small claims court, you should be able to do all the paperwork and represent yourself. The court may have a form you can fill out to file your counterclaim. The court may also make you do mediation, and the two of your might agree to a settlement, but make sure you file your counterclaim before mediation or anything else happens in the case.... Read More

The friend has materially breached his contract with your daughter-in-law by failing to pay the remaining $410 he owes.  Your daughter-in-law has the option of rescinding the contract, i.e. taking back the car and refunding the $90 (she would then probably hav e claim against the friend for the rental value of the car for the time he possessed the car) or suing him for damages, i.e. the $410 he owes plus interest from the time it was due.... Read More

It is a complicated question, but based on your statement above, I would say yes, he owns the car, although he may have a very difficult time proving it in court.  You say that he owns the vehicle, but put it in your name because he didn't have a license (I was unaward that you needed a license to own a vehicle).  You don't say that he ever gave you the car, just titled his car in your name.  That could create problems for him with some third party who didn't know the facts (for example, if you sold the car to a person who knew none of this, that person would be a bona fide purchaser for value, and entitled to rely on the title) but. as between you and your ex, it is still his car.  You are in no way obligated to drive him around.... Read More

You are claiming that your relative defrauded you into loaning her money and/or has breached her contract to repay you.  You can sue her for your damages.  Also, I don't understand how the bankruptcy is relevant, since she can only file bankruptcy if she is insolvent.  Thus, if she receives money from lawsuits and can pay her creditors, she is not insolvent and her bankruptcy should be dismissed.  If she files before she receives any money, her claims would become property of the bankruptcy estate, and any proceeds used to pay her creditors.  If she files after she receives money from the lawsuits (assuming that she is still insolvent), any money she receives would be used to pay her creditors.  However, if there is not enough money to pay all creditors in full, you would put yourself in a better position by obtaining a judgment against her (by suing her and winning), rather than simply asserting a claim in the bankruptcy as a general unsecured creditor. ... Read More

You can't require the other car owner to get another estimate or use your husband to do the work because they never agreed to do so.  Nor are you required to pay their estimate if you believe it to be unrasonable.  If you can't work it out, however, and don't pay, they will likely have no other option but to sue you.  It is possible that you will win, and the Court will hold that you only caused $500 worth of damages, but given that you (a) may lose and (b) broke the law by driving without insurance, you may be better off getting the best deal you can and staying out of court.... Read More

Anybody can sue, but from the bare facts that you've recited, it doesn't seem like he has much of a claim.  An adult deciding on his own to take a known risk that went wrong doesn't present much of a claim, but there may be more to it.  If, for example, there was a loose shingle on which he slipped, that could be a valid claim.  If your roof was somehow not up to code and this contributed to his fall, that might be the basis for a good claim.  If you urged him to jump, falsely telling him that many others had done so safely, that could be the basis for a valid claim.  He may come up with some claim like that, but as of now you have no basis to believe that he will.  When and if he does, notify your homeowner's insurer.  Also, you may want to preserve evidence, such as taking photos of the roof to show that it was in good condition, maybe getting sworn statements from witnesses, etc.... Read More

Your ex can ask for anything he wants, but nothing you've written in your question would give him the right to take the phone back, whether he gave it to you as a gift or in settlement for having damaged your old phone.  Of course, he may have his own story.  For example, he may claim that he only gave you the phone to use while the two of you were together, or that you failed to do something that you were supposed to do in return for the phone, for example pay for it in installments.  If he does claim something at odds with what you've written, there is no guarantee that a judge or jury will not believe his story over yours.... Read More