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39

Arthur has no contractual relationship with OU, and therefore no right to be in any dorm, or anywhere w.r.t. the university. The university has no duty to Arthur. Alice has some relationship to the university, but that doesn't matter here. This is similar to the situation where you drive to a store to get a chunk of cheese (assume that the store has a ...


25

Perjury is more than a lie It is a knowing deceit undertaken with the express purpose of misleading the court on a material issue. It isn’t misremembering, or contradicting oneself (or others), or stating falsehoods believing they are truths, or lying about things that don’t matter. The fact that one party’s recollection of events are different from another’...


21

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 ...


11

Aside from all else, this will fail for lack of provable damages. It's not even like Arthur had to rent a hotel room in lieu of expecting to sleep the night in the dorm room. That is not allowed, after all. By the rules Arthur and Alice were aware of, Arthur already had to make alternate arrangements for where to stay after midnight. And Arthur did have ...


5

A class action lawsuit has been filed against the City of Seattle, surrounding the de-policing of the infamous occupied zone. This overlaps Castle Rock v. Gonzales in part, and can be distinguished because a person has an uncontroversial property right to their property under the US and Washington Constitutions. This is different from Castle Rock, where ...


4

Perjury is a crime In general, Perjury is defined as knowingly telling a lie (not necessarily just falsehood) to the court. The intention behind it is usually to prevent justice to get a correct verdict on correct facts. For example, to shield someone from or to blame someone for a crime. Such behavior is a problem for the courts, so there are usually laws ...


3

If you are directly suing two people regarding a shared set of circumstances (e.g. two co-signers on a promissory note to plaintiff, or two people who both contributed to causing an accident burting the plaintiff), the caption and name of the lawsuit is: PERSON v. DEFENDANT1 and DEFENDANT2. The entire complaint together with a summons directed at DEFENDANT1 ...


3

If police violate some law other than one requiring them to do their job and also don't do their job, you can sue them for violating that other law. For example, accepting a bribe is probably actionable under § 1983 if the acceptance of the bribe causes you harm. But law enforcement officers have no legally enforceable duty to members of the public to do ...


3

The simplest solution is to hire an attorney to do this for you. If you want to do it the hard way, you need to try to figure out why your motions were denied. For example, did you file proper motions, or did you just write on a piece of paper "I need all of Walmart's records"? Why do you think that a court will / should supply you with an Open Record (of ...


3

The university is renting space to Alice, which makes it a residential lease. In most US states there are specific provisions which are required by law, or treated as present, in any residential lease, and one of these is that a tenant shall have "quiet enjoyment" of the premises, without undue interference from the landlord. "Quiet enjoyment" is usually ...


2

That depends on what the officer wants to do. If the officer is under cover, s/he may choose not to identify as a police officer. If the desire is to search the house, or to arrest someone, the officer(s) do need to identify themselves. If the desire is just to talk to/question a possible witness, officers normally do identify themselves, but I am not sure ...


2

This is a matter of contract law, so that's the kind of lawyer you want, but since universities operate under federal charter (except for University Nuhelotʼįne Thaiyotsʼį Nistameyimâkanak) this intersects with federal law. You would be arguing that you have done what you are supposed to do under the terms of that contract, but the university has failed to ...


2

There are several reasons to verify a complaint (i.e. to swear that its factual allegation are true). 1. This is required for certain kinds of claims in certain jurisdictions as a matter of statute or court rule, which vary widely. For example, in Colorado, a "replevin claim" (i.e. a claim for expedited recovery of possession of specific tangible personal ...


2

Follow the rules Every court has their rules of civil procedure- if you don’t follow them you don’t get what you want. In addition, rules of evidence specify what is and is not admissible (and therefore subject to subpoena). The biggest one is relevance; you can only ask for information that is relevant to your case and you must identify what you want with ...


2

Rule 8.4 covers what happens if the defendant fails to file an acknowledgement of service: 8.4 (1) This rule applies where – (a) the defendant has failed to file an acknowledgment of service; and (b) the time period for doing so has expired. (2) The defendant may attend the hearing of the claim but may not take part in the hearing unless the court gives ...


2

Jury trials in common law jurisdictions are simply a fact, and don't need or get justification. Jury trials are ancient. In England the Scandinavians had an assembly, the þing ("thing") for deciding matters, such as guilt. Under Norman rule this became systematized, to the point that the Magna Carta Art. 39 states the law that No free man shall ...


2

If you're talking about a lawyer who "serves" the county as an employee, the answer is no; the Rules of Professional Conduct would bar that representation as a conflict of interest. If you're talking about a lawyer who "serves" the county in the sense that the county is his primary geographic market for clients, there is generally no ...


2

Can my brother in FL give me his POA when I reside in NC, not FL Yes. This is done routinely. In this situation, the POA instrument would usually have an express choice of law clause that states that Florida law applies (but such a clause is not necessary for the POA to be valid and there are few differences in the agency law of powers of attorney between ...


1

To forge title papers, and to sell anything that does not belong to the person selling it are crimes. You can report this to the police. They may or may not act on the matter. To pursue a lawsuit against the people involved may be possible. We cannot give specific advice on how to do that, and the procedure varies from state to state in the US, and from ...


1

The distraction is the idea that a judge acts as a prosecutor, which is a wrong view of the matter. A judge may serve as the determiner of fact and the arbiter of law. A prosecutor does neither: he presents certain evidence that may persuade the fact-determiner of something, and he has a limited opportunity to argue what the evidence shows. In lieu of a ...


1

I was wondering if there is a disposition for small claims court that was settled via arbitration (no appeal is allowed and the decision is final) - then would it be unlawful to pay more than the extra amount? Normally, when a case is resolved via arbitration, the arbitration award is filed with a court together with a motion to "confirm" that ...


1

Money - The Washington Post has a lot more than any writer who wrote the disputed article. The suit is seeking compensation that equates to the price paid by Amazon to aquire the Washington Post ($250 million) which is not something the lone writer of the article could afford. Furthermore, while the writer did write the alleged libelous article, ...


1

is it subject to dismissal as a matter of law after the underlying tort is settled? Yes, it would be dismissed. Beck v. Prupis, 529 U.S. 494(2002) cites various authorities in the sense that [s]ince liability for civil conspiracy depends on performance of some underlying tortious act, the conspiracy is not independently actionable; rather, it is a ...


1

A summons is served on the person. If the person has moved, the server will take it to the new address. Some states allow you to send notice to the person's last known address.


1

Generally, things in a complaint will be questioned or you would not be going to court. There are different circumstances where an affidavit is used so I can't list every instance here, but most of the time when a complaint is filed, at least part of it is not already on the record and would therefore be like testimony being entered, where you are sworn ...


1

A suit is brought against the individual or entity operating the business d/b/a the business name. Hence, "Fred Lee d/b/a Creative Connections Contractors". If the defendant is an entity you could bring a suit such as: "General Motors Corporation, Inc. d/b/a Buick", although it would common practice to omit the d/b/a in the caption when there is a genuine ...


1

Yes I hire an engineer to give advice. The advice is: not what I contracted for - breach of contract negligent - tort of negligent misstatement not given with due skill and care - consumer protection warranty breach defamatory - libel late - breach of contract again disclosed to my competition - breach of confidence The engineer was clearly on a roll.


1

A metropolitan district is a special district governmental entity that is usually formed for the purpose of providing one or more services usually provided by a municipality (e.g. water, sewer, road maintenance and operating a recreation center or library) without having the full legislative authority of a municipality. It usually has taxing power and the ...


1

Insurance fraud But not for the medical part of the form. Almost all procedures in Australia involve some type of insurance (Medicare, private, workers comp. etc.) - the notice is about the part of the form where you are authorizing payment.


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