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52

Short Answer SIMPLIFIED AND UPDATED BASED ON ADDITIONAL INFORMATION IN THE QUESTION: The marriage is valid, but their marriage will not allow the girlfriend to refuse to testify as a witness in the case. She can be compelled to testify against him under oath, but does not have to testify about the confidential communications that they have with each ...


46

There are two reasons why this will probably not work. First, the law is likely to be considered unconstitutional. Forcing a private entity to host views that they do not want to violates their first amendment rights. If Facebook or Twitter are fined, they can ignore it, have it taken to the supreme court, and win. Second, Florida cannot prevent Facebook ...


33

Yes, it is possible. The requirements are (1) you are a citizen (the burden is on the prospective juror to pay attention to that requirement) and (2) the court knows that you exist and calls you up for jury duty. Apart from voter registrations, drivers license data is also used (and can be dangerous, because non-citizens can have licenses and may not know ...


30

Trump is not a candidate The law regulates certain activities by large social media platforms (defined) and declares certain activities to be an "unfair or deceptive act or practice", which is already illegal Fla. Stat. 501.204 and analogous laws exist throughout the US. The key provisions of this law are that standards for censorship (defined), ...


19

tl;dr Spouse before adult child. Patient’s designated surrogate, and court appointed guardian, before both. Assuming your mom does not have an advanced directive or has not designated a proxy, then her husband would come before you. He can ask whoever he wants and in fact he should get the information he can to determine what she would want. The standard is ...


17

Sources Florida Power of Attorney from the Florida Bar Association is a consumer pamphlet summarizing the laws in regard to a power of attorney. The actual laws are in the Florida Code sections 709.2100 thru 709.2402 Health Care Advance Directives from the Florida Health Care Administration is a consumer guide to Living wills, surrogate designations, and ...


12

We are talking about larceny and larceny & destruction of property in the two cases. So at the minimum, there are more laws that apply. But what are the laws? Florida names its Larceny statute... Theft: 812.014 Theft.— (1) A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent ...


11

No The bill does not apply to Donald Trump. Trump is neither a "journalistic enterprise," nor a political candidate: A social media platform may not willfully deplatform a candidate for office who is known by the social media platform to be a candidate, beginning on the date of qualification and ending on the date of the election or the date the ...


10

According to https://www.baezlawfirm.com/can-your-spouse-be-forced-to-testify-against-you/ Section 90.504 of Florida’s Evidence Code includes the privilege to exclude "marital communications" from the testimony of a spouse, but does not include the "testimonial privilege" which Federal common law and the laws of many US states do include, that permits one ...


9

According to Florida law 454.23: Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or ...


8

Two people can have an equal interest in real property without being married, and being incarcerated doesn't affect a person's property rights. What matters is that now your ex-wife has a legal interest in the property. As a separate issue, she presumably also has a legal obligation w.r.t. the mortgage (otherwise the quitclaim deed makes no sense). The ...


8

Following you around with the intent of harassing you is stalking. I don't know whether there's going to be a law actually requiring social distancing in Florida. In other states, I've seen laws set up to make it a crime to violate an order of the Director of Public Health or something like that. I don't know whether Florida actually has an order requiring ...


7

It is legal for a property owner to have a vehicle towed off of their property, if the vehicle is there without permission. If you have a vehicle with expired tags, your permission to park there may have been rescinded as of that notice. It is possible that a parking spot is part of the lease, in which case it would be a breach of contract for them to have ...


7

Gated communities are generally part of homeowner's associations that have covenants, rules and regulations regarding how you can use your property. In all likelihood, blocking sidewalk, and perhaps even parking in your driveway, is prohibited by these HOA limitations. HOA's have the right to ticket and fine you for violating its rules. The fines, if not ...


7

The relevant law is not so specific. It prohibits child abuse and child neglect which are defined only as general standards and not as specific rules. This doesn't appear to be child neglect, indeed, the opposite to the extent that there is such a thing. So, would it be child abuse? This would be up to the finder of fact to determine, and might depend upon ...


6

Here is an excellent (and extensive) explanation of jurisprudence regarding the "good faith exception" to the admissibility of evidence found due to an error. In short: Yes, the contraband found in Unit B would be evidence admissible in court. (Of course, evidence found in Unit B would only support charges against whomever had a nexus to that property. If ...


6

All your work is yours. They've made it very clear it wasn't a work for hire, so it's yours. They can't copyright any of their ideas. You can't copyright an idea. Only specific creative elements authored by them and present in your work could be covered by copyright. You didn't use their block diagrams. I don't see how references to other sites to look at ...


6

I happen to have a recent American major rental brand folio with terms and conditions on the floor next to me. The key sentences for this brand are You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority ...


6

Vaccination status does not currently define a protected class under Florida or Federal law. Being or not being vaccinated is not legally recognized as a condition that "substantially limits a major life activity", hence is not an example of disability-related discrimination. The opposite scenario, where an employer refuses to hire an un-vaccinated ...


5

The Florida Fish and Wildlife Conservation Commission has a page which explains who needs a license. Generally, a license is required for all saltwater and freshwater fishing, but there are various exemptions described on that page. There is no specific exemption for homelessness or low income per se, but it is possible that one of the other exemptions ...


5

A plaintiff wins a civil claim by proving their case on the balance of probabilities - that is, is their case more likely than the defence case. The court will decide if it is more likely that the employee was terminated for attempting to make a workers compensation claim or if it is more likely they were fired for the reason the company gives. When I’m ...


5

According to Blackmail Overview :: Justia (emphasis mine): A blackmailer typically has information that is damaging to the victim, and uses threats to reveal that information in order to coerce the victim. Blackmail is considered a crime regardless of whether the information is true or false. The central element of the crime is the blackmailer’s ...


5

It wouldn’t Motor vehicle designs and modifications have to meet certain safety standards - so called “street legal”. These don’t. Play with them all you like on a private track but they won’t get on the road


5

With competent legal advice you might get them to sign a waiver that they relinquish any claim to your work. There may be an argument that you had a verbal/email contract that your relied on (magic words). The list of names might be the only thing that is theirs. On the other hand, I learned many years ago that there is no contract wording between you and ...


5

It depends in the state. In Florida, the law says: All electors must personally mark or designate their choices on the vote-by-mail ballot, except: (1) Electors who require assistance to vote because of blindness, disability, or inability to read or write, who may have some person of the elector’s choice, other than the elector’s employer, an agent of the ...


5

What do you mean “slip in”? Are you saying that the term wasn’t there when you signed the contract and the added it later? If so, no they can’t. However, what I think you’re saying is that it was there all along, you didn’t read it, but you signed it anyway? If so, yes they can. You were told this was a term of the contract (not reading it is on you, not ...


5

No. The bill would not apply yet to Trump, and it likely violates the First Amendment. SB 7072's deplatforming provisions would not apply to Trump yet. SB 7072 prohibits social media platforms from deplatforming most candidates for public office during the period between their qualification as a candidate and the date the candidacy ends. "Deplatforming&...


4

I'm not sure what jurisdiction you're referring to, but here are the state involuntary manslaughter laws. Broad brush, the elements tend to be: Someone was killed as a result of act by the defendant. The act either was inherently dangerous to others or done with reckless disregard for human life. The defendant knew or should have known his or her conduct ...


4

Every State in the union has some form of involuntary mental health hold. Regardless of whether or not the patient claims it was an accident, it is incumbent upon the hospital or facility where the individual is held (which is typically at least 72 hours) to do an in-depth analysis of whether the person is a danger to themselves or others. While in this ...


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