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29 votes

Emergency Room Obligation

united-states What enforceable obligation does Bob have to pay said bill? At a minimum, the hospital has an unjust enrichment claim against Bob for the fair market value of its services to him, ...
ohwilleke's user avatar
  • 221k
23 votes

Do foreign nationals have the right to a speedy trial?

The right to a speedy trial is secured by the Sixth Amendment to the US Constitution: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial ...
Jen's user avatar
  • 59.5k
19 votes

Do foreign nationals have the right to a speedy trial?

Jen has a solid answer to the first part of the question. I will answer the second part. If yes, at what point in time is the trial late and no longer speedy? The U.S. Constitution does not specify ...
ohwilleke's user avatar
  • 221k
18 votes
Accepted

False information on Florida Criminal History Report, can I sue the state?

You might be able to bring suit to correct an erroneous criminal history report as a claim for declaratory or injunctive relief, something that is not barred by governmental immunity. It is probably, ...
ohwilleke's user avatar
  • 221k
6 votes

US(Florida) - Can I post publicly against the grift from my landlord

If you are in a dispute with another party that you can't resolve amicably through negotiation (i.e. "Mr. Landlord, would you take $100 for the fridge repairs rather than the cost of a whole ...
Justin Cave's user avatar
  • 3,067
6 votes

Are red and blue lights on a bicycle helmet legal in Florida?

316.2397 reads: (1) A person may not drive or move or cause to be moved any vehicle or equipment upon any highway within this state with any lamp or device thereon showing or displaying a red, red ...
Jen's user avatar
  • 59.5k
6 votes

Florida Photography Privacy Law: Company Employee Taking Pictures of Me Without My Consent

Is there any grounds for me to sue the hotel? No. You don't have a right to not have pictures of you without your consent under Florida law or federal law, when someone can view you with their own ...
ohwilleke's user avatar
  • 221k
5 votes

can a parent take away property their child borrowed from me?

Your cousin's mother is entitled to restrict what items her minor child can access (in this case, your phone). So you cannot insist that she return your phone to your cousin but you can insist that ...
Michael's user avatar
  • 2,170
5 votes

If a student takes a confiscated item from teacher, is this considered theft?

It's not theft. Theft requires an intent to permanently deprive the owner of their property (incidentally, the temporary nature of confiscation is the reason why the teacher hasn't committed theft ...
Nuclear Hoagie's user avatar
5 votes

If a Florida Homeowners Association was dissolved in 1997 for not filing Annual Rpt with FL Division of Corporations, can they enforce rules in 2024?

A failure to file annual reports doesn't invalidate the recorded documents for the HOA. So, the legal obligations created by the governing documents of the HOA persist even if there isn't an entity to ...
ohwilleke's user avatar
  • 221k
5 votes

Do self-storage owners have a duty to auction liens?

Yes, "other disposition" would include simply throwing the items away. But that disposal would have to be commercially reasonable. If you opened up a storage locker and saw that someone was ...
Justin Cave's user avatar
  • 3,067
4 votes

Are unreasonable late fees prosecuted as usury?

england-and-wales This is covered by the Tenant Fees Act 2019. This act caps any late fees for a tenancy to 3% above the Bank of England rate.
Comic Sans Seraphim's user avatar
4 votes

Litmus test for justifying deadly force by law enforcement

Does having a pistol in the hand justify the use of deadly force? What is the standard? Use of force by the law enforcement officer in Florida is governed by the following statute (emphasis added): ...
ohwilleke's user avatar
  • 221k
3 votes

Breaking and entering vs trespassing

Florida law makes a number of distinctions the depend upon the nature of the property. I assume a residence, but the question isn't clear what kind of structure is involved. There are half a dozen or ...
ohwilleke's user avatar
  • 221k
3 votes

US(Florida) - Can I post publicly against the grift from my landlord

The first question is, what do you believe is fair charges for your time in this property? Is there a rightful amount that you should be paying for? He presented you with an itemized bill but you ...
Pete B.'s user avatar
  • 736
3 votes

can a parent take away property their child borrowed from me?

As guardians, your cousin's parents may take away property from their child. However, under the terms of the bailment, they must immediately return it to you if they do so.
In Hoc Signo's user avatar
  • 1,335
3 votes

Are unreasonable late fees prosecuted as usury?

Florida law recognizes a concept of "usury" All contracts for the payment of interest upon any loan, advance of money, line of credit, or forbearance to enforce the collection of any debt, ...
user6726's user avatar
  • 215k
3 votes

Terminology similar to "Fruit of the poison Tree"

First, necessity is not a claim, so I am perhaps missing essential context. And if it is a defence, it needs to be a defence to something. In any case, this seems to be an estoppel- or acquiescence-...
Jen's user avatar
  • 59.5k
3 votes

What is the standard for determining addiction?

18 USC 922(d)(3) prohibits transfer to a person if you "know or have reasonable cause to believe" they unlawfully use or are addicted to controlled substances (which does not include alcohol)...
user6726's user avatar
  • 215k
2 votes

Who is the local authority to decide if a candidate eligible to be on a ballot?

In every state, conducting elections is the job of the Secretary of State. There are forms to fill out, fees to pay, and so on. It is possible that in filing the application, a person may reveal their ...
user6726's user avatar
  • 215k
2 votes

Landlord replaced gate system with one which requires an app

This would be illegal in australia s47 of the COMPETITION AND CONSUMER ACT 2010 prohibits Exclusive Dealing without authorization. (6) A corporation also engages in the practice of exclusive dealing ...
Dale M's user avatar
  • 213k
2 votes

Landlord replaced gate system with one which requires an app

Yes, the landlord may change the lock system. There is nothing in the lease that prevents the landlord from maintaining or upgrading the property, and the lease will say nothing about what kind of ...
ohwilleke's user avatar
  • 221k
2 votes

Is Florida’s ban on social media accounts for minor unconstitutional?

Youth Protection would be legal Assuming no other information than the question gives, then the ban would fall under the purview of youth protection. Currently, it is illegal for minors under 12 to ...
Trish's user avatar
  • 40.5k
1 vote
Accepted

Are red and blue lights on a bicycle helmet legal in Florida?

Are red and blue lights on a bicycle helmet legal in Florida? Red ones may be, but blue ones are not. The relevant part of the statute you linked to is in paragraph 2: "It is expressly ...
Michael Hall's user avatar
  • 4,612
1 vote

Litmus test for justifying deadly force by law enforcement

The Florida standard jury instructions for self-defense using deadly force are 3.6(f) (the ones for an officer making an arrest are 3.6(h) but I don't think they apply here because the officer wasn't ...
IllusiveBrian's user avatar
1 vote

Terminology similar to "Fruit of the poison Tree"

Illegality Illegality in English law is a potential ground in English contract law, tort, trusts or UK company law for a court to refuse to enforce an obligation.
Dale M's user avatar
  • 213k
1 vote

Does Florida's owner/builder exemption allow me to build a guest house and a main house on my lot?

How can I find the answer to these two questions? The best bet is to look for a Lawyer specializing in Florida Construction Laws and specify your concerns during a client intake meeting. Even if ...
hszmv's user avatar
  • 23k
1 vote

What are the elements of evidence of willful failure?

Q: What are the elements of evidence required to show "willful failure to comply" with said statute? A: The failure of an association to provide the records within 10 working days after ...
Michael Hall's user avatar
  • 4,612

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