100

Most leases have a provision allowing a landlord to make entry without notice in an emergency, but the better course of action, as noted in a comment by @BlueDogRanch, is to call the police and ask them to make a "welfare check." You would ordinarily be permitted to cooperate with police by unlocking doors in furtherance of their welfare check. The ...


77

You are not reading a law book here and you should not interpret a driving test so literally. It's quite clear that the question implies you should follow all of their instructions regarding how to proceed through traffic. Sometimes those instructions do involve "breaking laws" such as driving on the wrong side of the road or proceeding through a traffic ...


76

Through the legal doctrine of "transferred intent", wherein if one intends to murder A, and undertake actions to kill A, but one's actions kill B, one has murdered B. Whatever crimes one would have committed, had one performed them on one's intended target, are considered committed against the individual one actually performed them on. Many crimes ...


69

The recording is not illegal because you've been told it would happen, and by not hanging up, you've agreed to have a conversation that can be recorded. This was determined in Kearney v. Salomon Smith Barney, Inc. applying the exception of Penal Code 632 that communications are not considered confidential if there is a reasonable expectation that the call ...


68

Maybe, Hence the Lawsuits In the absence of clear statute law these all circle around tort law. For the scooter companies, trespass to chattels, and for the affected landowners (who hire the removalists) trespass to land and nuisance seem applicable. In essence, I can’t take your stuff (trespass to chattels) but you can’t leave your stuff on my property (...


61

We could start with what the statutes say (HSC 102425) (a) The certificate of live birth for a live birth occurring on or after January 1, 2016, shall contain those items necessary to establish the fact of the birth and shall contain only the following information; (1) Full name and sex of the child. It says nothing about the form of that name. ...


58

I would just like to clarify, in addition to the other answers and what Dale M alluded to, one important detail: Unless you are carrying out the death penalty, no one under any circumstances is allowed to kill anyone else. What you are sometimes authorized to do, is to use deadly force. There is an important distinction between the two. When using deadly ...


58

Unless you are a salaried worker, all hours worked must be paid, and that could include paying overtime if the actual hours that you work is over 40 hrs. a week. You may file a complaint with the US Dept. of Labor, and the boss may not fire you for complaining. Your state DoL may have even stiffer rules and penalties.


50

Criminal charges are filed and prosecuted by the government, on behalf of the public, and there is no requirement for approval or cooperation by the victim. As a policy matter, a DA may decide to not charge a person in case the victim is unwilling (though less so in cases of domestic violence), perhaps because of the widespread impression that the victim has ...


49

If you are arrested for assault, you have available to you the defense of the right to defend real or personal property: you "may use reasonable force to protect that property from imminent harm. Reasonable force means the amount of force that a reasonable person in the same situation would believe is necessary to protect the property from imminent harm". ...


44

As the answer by Greendrake says, if you have a a legal reason, to enter property, you re not a trespasser. Trespassing is generally defined as entering on property against the expressed will of the owner or lawful occupant, without lawful authority. A firefighter is not trespassing when responding to a fire, even if the owner orders the firefighter to ...


42

There are legitimate apps that let you buy phone numbers. With the right app I can buy let's say a landline number in Kansas. I call you, and you will think it's some guy in Kansas calling you. That's totally legal, it's a genuine phone number, and just like I can buy 10 phones and have ten phone numbers, I can use an app to pretend to have 10 phones. I ...


42

Dale is right; here are the details from CA statutes: Since 1872, CA law has told CA courts to assume the parties to contracts in CA are reasonable, not crazy. If the literal reading of the contract is crazy, the California Civil Code's rules for the Interpretation of Contracts tells its courts: ignore the crazy reading. Here is what the statute says: § ...


40

Yes, in Orange County, CA, in a residential zone or on residentially-developed property, this is a code violation. Specifically you are looking at Title 3, Division 13, Article 1, Sec 3-13-4(11): Sec. 3-13-4. - Prohibited Conduct. Except as provided in section 3-13-6, exemptions, it shall be unlawful for any responsible party having charge or possession ...


38

You don’t have to talk to the lawyer However, if you don’t it’s very likely you will be subpoenaed. Then you’ll have to talk to them at a time and place of their choosing rather one that’s mutually agreed.


35

To add a perspective from a different legal system: In Germany, this would fall under the notion of Eventualvorsatz (loosely translated, "recklessness"). Basically, whenever the criminal code requires intent ("Vorsatz" in German), a total lack of consideration for the consequences of an action can be counted as being equivalent to intent. ...


35

What kind of procedures would be necessary to undo the legal death? What happens to his property (note: the reanimated character is a young man with no written will)? If he's a renter, how long will it take for his landlord to push all his stuff out and welcome a new tenant? How much paperwork does he have to fill out? If the person is on the autopsy table, ...


34

A lawsuit would be unsuccessful. Prosecutors have discretion to prioritize whichever offenses they think are most important, and they are generally immune from civil liability. This is a political grievance, and it comes with a political remedy; voters can recall the DA or vote for a new one when his term ends.


31

This is a general common law answer; specifics in California may differ. Yes, they are committing the tort of trespass and you could sue them for whatever damage they did to your property; probably nothing. On the other hand, if you keep the ball, you are committing the tort of detinue (wrongful detention of another person's goods when the owner has ...


30

california You intended to kill them, you killed them, that's murder California Penal Code Section 187(a): Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. California Penal Code Section 188(a)(1): Malice is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. ...


29

No, it’s not illegal You have been informed that the call will be recorded. If you continue with the call having that knowledge you have consented to the recording. If you don’t consent you can hang up. If you need to communicate with them and don’t want to be recorded, do it in writing or in person.


26

A government always has standing to enforce violations of its own laws in its own jurisdiction. The harm to its legally protected interest is its interest in enforcing its own laws. While the forum here is a civil action, the basic concept is the same one that authorizes a government to enforce its own criminal laws. Also, a government agency may seek fines ...


25

As I suspect you knew when you asked, she can't pay you less than the statutory minimum wage. She's also likely to lose on time you spend cleaning up after close. At least in California (you should always mention a jurisdiction), these are work hours. Your state Labor Board, whatever it is called, would be a good first stop.


24

There have been cases where a legally dead person tried to come back from the dead, such as the case of Donald Miller in Hancock County OH, who was declared presumptively dead under ORC 2121.01. According to the news media, his lawsuit to undo the action failed because the law provides no provision for "taking it back", once 3 years have passed ...


23

All laws (federal, state and local) apply to everybody, unless you have diplomatic immunity. That is, unless e.g. the federal government decides as a matter of policy to ignore certain federal laws. California does not have a law generally prohibiting the use of marijuana, though public consumption is illegal, minor consumption is illegal, and possession ...


23

Legally, yes. Under Penal Code 198.5, California follows the Castle doctrine, meaning there is no duty to retreat if a resident confronts an intruder inside the home. Residents are permitted to use force against intruders who break into their homes, or try to force their way in. A legal presumption means the prosecutor in a case must prove that the resident ...


23

No. The police have no affirmative legally enforceable duty in the U.S., to the general public, or any particular person who invokes their assistance, to take action to enforce the law. The leading case on point is Town of Castle Rock v. Gonzales, 545 U.S. 748 (2005) (full text here). In this case, despite the urgent requests of the beneficiary of a Colorado ...


22

Responding to the email may deflect any further action by the defense lawyer - for example if you ignore it they may decide that you are a "hostile witness" and act accordingly. On the other hand, if the alleged crime occurred a long time ago and you made a statement to the police as part of their initial investigation, it would be perfectly ...


21

It wouldn't quite be theft; California theft, like theft in many places following English legal tradition, requires intent to permanently deprive the owner of property. However, it fits section 499b of the Penal Code to a T: 499b. (a) Any person who shall, without the permission of the owner thereof, take any bicycle for the purpose of temporarily ...


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