Questions tagged [texas]
Questions concerning the laws, criminal justice system, civil court procedures and related topics specific to the state of Texas.
311
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Extent to which a will is holographic
"Albus" and "Severus" are making a will together. They do not want to bother with an attorney or witnesses, so Severus handwrites it, under the assumption that doing so will make ...
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9
votes
1
answer
902
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Retroactive lack of testamentary capacity
"Juan" makes his will. A year later, he is diagnosed with Alzheimer's disease, and so loses testamentary capacity. Often, the medical diagnosis for Alzheimer's comes well after the victim's ...
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4
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Accidentally killing someone while purposefully beating them up
"Vladimir" decides to beat up "Juan". While it can be proven beyond any reasonable doubt that Vladimir did not intend to kill Juan (merely rough him up a bit), the beating causes ...
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2
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2
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What is the "important thing" that can make a true statement defamatory wrt the X/Media Matters lawsuit?
It is in the news that Elon Musk's social media platform X has sued Media Matters a media watchdog group. Media Matters has published multiple reports about X alleging adverts for major companies have ...
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1
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Mandatory apartment inspection
My apartment in Texas has mandatory unit inspections inside the entire apartment, including water leaks, the smoke detector, the HVAC filter, and electrical outlets, three times a year. Property ...
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2
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0
answers
69
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Can a landlord request reimbursement from a previous tenant on repairs made months after the lease has ended? [closed]
My previous landlord has recently contacted me about reimbursing him for repair fee 4 months after the lease has ended. The repairs involve damage caused by my pets, however we were already deducted ...
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4
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1
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68
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Community property
In a community property state (TX), if a spouse dies, must the community home be sold so that so value can be distributed as stated in a will?
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Is it legal to keep products I never ordered that were delivered to my residence?
If I ordered a box of paper from Amazon but I got 10 iPad Pros from them instead, can I keep it without notifying or returning them? If it wasn't a product delivery but instead a gift or a letter sent ...
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1
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107
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Fraudulent misrepresentation by a third party
Say, for purposes of conjecture, that "Celine" fraudulently tells "Alice" that something will happen. Also assume for the purposes of this question that, in reasonable reliance on ...
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0
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2
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Can I sue my local law enforcement agency for gross negligence in reference to their handling of domestic violence against me?
What rights does someone have against law enforcement when this person has been discriminated against by law enforcement officers' lack of actions and the continued allowance of severe abuse and ...
1
vote
1
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Deducting rent for repairs in Texas for unwholesome pool
My question is whether the following situation would likely meet the criteria to be able to deduct rent for repairs:
The property had weekly pool maintenance for years, until it suddenly stops ...
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0
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1
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102
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Child support question
I have a house that was inherited but I owe child support, but it’s not just inherit to me, it was also inherited to my sister my mom left it to both of her kids which is me and my sister my sister ...
0
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1
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100
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Can you serve a drunk alcohol in Texas?
If a TABC certified bartender believes someone is inebriated, can they serve them alcohol in Texas? To what degree are you criminally and civilly liable for this transaction?
If the patron gets in a ...
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3
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2
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771
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Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division
Is there a case where any court found that a judge's actions amounted to an exception to judicial absolute immunity?
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2
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Imbler v. Pachtman and Texas prosecutor Ken Anderson
In 2013 Texas (Williamson County) District Attorney Ken Anderson served a 10 day jail sentence for prosecutorial misconduct. Quoting https://innocenceproject.org/news/ken-anderson-michael-morton-...
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Is it legal for any business to post a 46.03 sign in Texas?
Texas penal code 46.03 covers places in which it is unlawful to carry a firearm even by concealed carry license holders. This law only covers a small set of specific establishments that meet the ...
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3
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301
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Theoretical vs. Actual Speed Limit
One of the peculiarities of Texas is that it's normal for people to drive 5-10 MPH over the speed limit while on the interstate. Provided they're not doing a speed trap, the police generally don't ...
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Car towed to a Texas storage facility not accessible by foot
This is related to this question about towing a vehicle without a valid parking permit in Texas.
It turns out that the vehicle was also stored at a storage facility that was not accessible by foot. ...
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2
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0
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How does a clause of reverter or "possibility of reverter" interact with the Rule Against Perpetuities?
This is a follow up to another more broad question. According to Wikipedia on the possibility of reverter,
There is a possibility of reverter when an estate will return to the grantor if a condition ...
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1
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2
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159
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How long do restrictive covenants apply on property willed to the state?
If I devise real property to the state of Texas in my will, and it specifies that the homeless can not be evicted on the property, how long will that restriction apply for? Assume the state accepts ...
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2
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1
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93
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Vehicle owners not required to prove towing company negligence in Texas
Chapter 2308 of Title 14 of the Texas Occupations Code deals with towing and booting by towing companies.
Section 2308.404(a)(2) reads "A towing company, booting company, or parking facility ...
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2
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2
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174
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Could a child on a bike get a speeding ticket?
Can a child who is younger than sixteen, and who is below an age at which they could hold a driver's license, be ticketed for exceeding the posted speed limit on a road on a (non-motorized) bicycle?
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2
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What options are there for executor when no close family member is available?
What alternatives exist for finding and appointing an executor for one's will/estate for a person with no close family or qualified friend? Are there pros and cons?
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3
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What are some potential legal options when noise ordinances are not enforced for a particular local business (in Texas)?
I live in a mixed use zone in the downtown area of a major metropolitan area in Texas.
A recent city ordinance requires bars and restaurants to maintain noise levels below a certain level at different ...
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4
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Does any state force recognition of common law marriage on couples if they do not want it?
I will use Texas as an example, but I'd be interested in any others...
Per this link, a couple is considered married under common law in Texas if they:
1.) Agree to be married, 2.) Live together as a ...
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6
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2
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593
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Who would actually have claim on the buried treasure in the film Holes?
I have two questions, assuming real-life Texas inheritance and property law:
Who is the rightful owner of the chest of treasure?
Regardless of who the ultimate rightful owner is, did Stanley's lawyer ...
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2
votes
1
answer
65
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Is the opportunity and/or potential to get tenure in the Texas State university system contractable?
According to this news item of March 30, 2023 about Texas Senate Bill 18 - Public universities could no longer offer tenure for professors under Texas Senate bill | TPR - public universities in Texas ...
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3
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169
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Can someone summarize the ruling in Texas Mifepristone ruling?
I started reading the ruling in Alliance for Hippocratic Medicine v. FDA, but it's 60 pages long and full of the expected legalese.
Can someone summarize the argument of the plaintiffs and the legal ...
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12
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2
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3k
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Personal Misconduct That May Result in a Lawyer's Censure or Disbarment
Is there some type of Code of (Personal) Conduct that lawyers in the United States must abide by under the penalty of either censure of disbarment? What personal kinds of personal misconduct might ...
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2
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Can multiple separate plaintiffs participate in one small claims case against one defendant?
I'm friends with a small group of people (4 or so) who have been scammed ($500-$3000 each) by a vendor. If they want to try to recover damages in small claims court, would they be able to be ...
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Is a police chief charging me again for same cause of action previously dismissed selective prosecution? [closed]
I live in a smal TX town (<850 people), with one policeman and a chief overseen by mayor and town council, where there is a 250ft rule for no livestock within city limits & an exemption noted ...
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1
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117
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Where is the Houston anti-Food Sharing Ordinance?
Accoring to this article about the anti-Food Sharing Ordinance in Houston,
Mayor Anise Parker and city council passed an anti-food sharing ordinance that bans serving charitable meals on properties, ...
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2
votes
1
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State Prosecutorial Power
According to Article 5 Section 21 of the Texas Constitution & Chapter 20 of the Code of Criminal Procedure says, "a "city attorney" is not a public officer; He is not granted "...
3
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3
answers
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How does the Uniform Plumbing Code apply to me, for the purposes of home renovation?
According to my state, Texas, Occupations code, Chapter 1301. PLUMBERS, it says in
SEC. 1301.255. Adoption of Plumbing codes,
Section 1301.255 adopts the Uniform Plumbing Code and the International ...
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249
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Can a company own intellectual property created off the clock?
In an employment agreement, can a company claim intellectual property created off the clock unrelated to your their core business?
Specifically if their core business is in a narrow domain of software,...
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1
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Texas Business to Consumer auto renewal contracts [closed]
I was tricked into signing an auto renewal contract for 2022 baseball select league. I told him I was only paying for the summer and fall season and he directed me to use option 1 as it was cheaper to ...
20
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6
answers
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Can a trans man get an abortion in Texas where a woman can't?
Texas has an anti-abortion law, Health and Safety Code 245 which states:
the act of using or prescribing an instrument, a drug, a medicine, or
any other substance, device, or means with the intent to ...
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12
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2
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2k
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What kind of civil action is created by the Texas Heartbeat Act?
Section 171.208 of the Texas Heartbeat Act of 2021 allows "[a]ny person, other than an officer or employee of a state or local governmental entity in this state" to "bring a civil ...
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1
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How would a qualified immunity defense be defeated in the Cantu San-Antonio shooting? [closed]
Given the video shown in the recent Cantu San-Antonio shooting:
https://www.cnn.com/videos/us/2022/10/08/san-antonio-police-shooting-teen-vpx.cnn
How would the teenager's attorney overcome / nullify a ...
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4
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674
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Karen sues a workshop for damages as she was trespassing and disregarding mandatory safety gear. Does she have a case?
Let's paint the scene: We work in the back of a metalworking workshop in Austin Texas. Huge machines make lots of noise, at times there are steel panels on the floor with access holes to access the ...
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2
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0
answers
196
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Can you inspect your own vehicle in Texas?
In Texas, with the proper licensing and training, is it possible to inspect one's own vehicle?
https://www.dps.texas.gov/section/vehicle-inspection/inspector-qualifications-and-training
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Would it be legal for a bystander to use force to prevent an abortion in Texas?
Would it be legal for a bystander to use deadly force to prevent a doctor from committing an abortion in Texas?
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Are Texas schools required to display posters with an Arabic translation of "In God We Trust"?
There's a story going around the Internet of an activist donating posters to Texas schools with an Arabic translation of "In God We Trust". The claim is that Section 1.004 of the Texas ...
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1
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58
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Unemployment standards
Is it possible to still be able to recieve unemployment due to depression with family matters having agreed with employer and person that resigning due to family matters causing one not being able to ...
1
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1
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68
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Does CA AB-1666 actually have any practical effects?
I'm having a hard time imagining any real scenario where AB-1666 actually accomplishes anything.
Suppose you are a CA resident, and you buy plane tickets for your friend in TX to come to CA and get an ...
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votes
1
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Is it legal to blanket prohibit outside employment?
I live in Texas. Our labor laws are some of the worst. However, even here I think a blanket clause from a startup that prohibits outside employment sounds fishy. Researching this I found the Texas ...
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Divorced mom pays mortgage. She wants to get title in her name
A divorced mom pays the mortgage on and lives in a house, but the house title is in both parents' names. The father is gone. The mom wants to move, but can't sell the house.
How can the mom get the ...
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2
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Would I be liable for damage caused by vehicle failure during a test drive?
I recently purchased a vehicle via an online dealer that offers a 7 day test-drive period.
While on a test drive, I heard a familiar "Knocking" noise coming from the driver's side front ...
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2
votes
1
answer
192
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New manager will not accept renewed lease
Suppose thsat a tenant in Dallas Texas was sent a lease renewal form via email for the tenant's electronic signature on February 28, 2022. Suppose that the form came from the tenant's previous ...
0
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restricted access to navigable waterways in texas
Quoting https://tpwd.texas.gov/publications/nonpwdpubs/water_issues/rivers/navigation/riddell/navigability.phtml (emphasis mine):
In Texas a stream is navigable if it is either “navigable in fact” or ...
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