21
I am not aware of any U.S. state that allows amounts owed for future child support to be paid in a lump sum that cannot be modified in the future if there is a change in circumstances (e.g. increased or deceased incomes of the parties, or changes in parenting time).
There may be an exception for very high income families where the child support guidelines ...
14
Community Service Announcement
A person going missing is serious. Many thousands of people disappear every year. In most cases they return or make contact with friends or family after a short while, however, a significant number are never heard from again.
It is a MYTH that you need to wait 24 hours before telling the police of a missing person. Alert the ...
11
None.
Putting something on a piece of land long term and prohibiting anyone to move it is effectively occupying that piece of land.
You only can occupy land that you either have legal rights to, or that encounters no objection from those who has (adverse possession). In the latter case, it's not that you don't "provide them right to tow", rather ...
10
In lieu of a death certificate, a person can be declared dead by a court with probate jurisdiction under circumstances outlined under state statutes. Usually this is a combination of circumstances that make the likelihood of death nearly certain and/or the passage of a certain period of time (five years in California) without a sign of the person after duly ...
8
There is no requirement that the terms of a contract be even-handed
The common law position is that parties are free to contract on whatever terms they like: if you agree to sell me your late model car for $1 that's a matter between the two of us.
The law allows you to make a bad bargain.
Unconscionability
There is an equitable doctrine that allows the court ...
6
Barela was convicted of robbery affecting interstate commerce and faces a sentence of up to 20 years and $250,000 in fines.
I assume your issue is that you think this is too high (although I don't see what it has to do with the 14th or 6th Amendments). Fortunately, it's also almost completely unrelated to the actual sentence. The number that was quoted is ...
6
Short Answer
Can a woman deny her husband or a stranger paternity test? Can a woman
deny her husband a paternity test if he thinks she cheated on her?
In California, up to the child attaining the age of two, the husband may seek a paternity test and take legal action to disavow paternity of a child of his wife who is not his biological child (although it ...
5
In California, everything that counts as taxable income for federal purposes, and then some. The form is here, the corresponding explanation is here starting p. 18. It includes things that are income but not taxable (see p. 24), such as tax-exempt interest. Potential profit i.e. unrealized capital gains coming from increased value in a home or increased ...
4
You have "standing" to take legal action, given the particularized injury you've suffered. If you're interested in doing so, you would talk to a civil-rights or disability-rights lawyer. There are plenty of lawyers who specialize in this sort of work, so you should make sure you're talking to someone who is well-versed in these laws.
However, I ...
4
england-and-wales
If someone disappears with no report, what happens?
Nothing, as no one knows about it to do anything and the law does not make any provisions for a lack of reporting in these circumstances.
Is a death certificate ever issued?
No, as the authorities are not aware that the person has disappeared / died. Again, the law does not make any ...
3
It depends on what state this is. In Washington state, there is a form that sellers must fill out, and section 3 addresses sewer connections. This matter could have been disclosed – the allowed answers are "yes; no; don't know" (or NA). These are sellers disclosures, and Zillow / Redfin are free to be unreliable (I personally know that they are ...
2
Ideally a contract is an agreement between parties who are both are getting something out of it. Why enter into a contract if i whatever you are getting is not worth whatever you ate giving up? That presumes there is no coercion and the parties are competent to understand what they are agreeing to.
There are situations where the relative power of the ...
2
No, nor do they need to
The Supreme Court in Employment Division v. Smith made clear that "the right of free exercise does not relieve an individual of the obligation to comply with a "valid and neutral law of general applicability on the ground that the law proscribes (or prescribes) conduct that his religion prescribes (or proscribes)." ...
2
In addition to what Dale M outlined generally about Fam. Code §§ 7540 and 7541, there are situations when the “conclusive presumption” can be “rebutted” or challenged, but it is an uphill battle.
One example when this can happen:
“(1) The presumption continues in California today: “Except as provided in Section 7541, the child of a wife cohabiting with her ...
2
The relevant questions would be whether the statement was material; what did he know about the truth of the statement; did he intend that the person would act in a particular way based on the statement; did the person know that the statement was false, did they rightfully rely on the statement being true, and were they harmed by that statement. Without that (...
1
...likely no indication that items were subject to “interstate” commerce.
In addition to cpast's answer I'll just address this bit. The "interstate commerce" is in reference to the Commerce Clause in the US constitution. This has been interpreted very broadly, so pretty much any activity which has an economic effect will be held to have a knock-on ...
1
Let's say Elon Musk knew from reserve estimates, as well as basic
physical reality, there wasn't enough lithium for his plans to work.
This eventually resulted in battery shortages and collapsed the
company.
Is Elon Musk at fault for misleading investors into a business he knew
was physically impossible to work?
So you need a specific claim.
You are right ...
1
In California, like much of the USA, legal fees are rarely recoverable from the other side. The winning side still pays their own fees.
There are exceptions to this- the most common being when it's written into a contract. Obviously I cannot speculate as I don't know your contract. Consult a legal professional.
The defendant may also launch a countersuit, ...
1
People have broad freedom to choose contract terms
One should not enter into a contract unless one thinks that it will be better than making no deal at all, and is the best deal one can obtain.
When one party is in a stronger position, that party can and often does get the better of the deal, and this is perfectly legal. When one party has used very ...
1
In short:
The implied warranty could not have been revoked under, at least, the Song-Beverly Consumer Warranty Act.
Warranting that a consumer goods in written promises and disclaiming that it is merchantable seem, at face value, a contradiction in term.
In detail:
Pursuant to subdivision (c) of Civ. Code § 1791.1:
The duration of the implied warranty of ...
1
Delta (which appears to be Cobb's liability insurance company) has no obligation to pay Bob's claim promptly or to respond to Bob.
Bob's remedy is to sue Cobb for sideswiping his car within the statute of limitations (three years for property damage without personal injuries in an automobile accident in California) for doing so.
Delta's obligation is to Cobb....
1
May a court of the State of California or the U.S. dissolve the
marriage if either one of them files for divorce at?
If either party has resided in California for the requisite period of time under California law, a California court may dissolve the marriage. (Federal courts almost never have jurisdiction over a divorce and child custody case, outside the ...
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