84
votes
Daughter dies at party
We're missing a lot of facts that would help drive the analysis. The first question I'd ask was whether this was part of an actual or attempted sex offense. If that's the case, the suspect could be ...
34
votes
Accepted
Is it legal for a bar bouncer to confiscate a fake ID
There are a couple of indications that a bouncer may not confiscate an ID. This policy document adopting licensing policies to
Require licensees with fake ID violations to temporarily or
...
33
votes
Unscheduled exterminator attempted to enter my unit without notice or invitation
Not even real roaches are an emergency. The event was foreseeable and scheduleable. According to the terms of your lease, you are entitled to a 2 day warning. From your description, the landlord did ...
29
votes
Daughter dies at party
While I believe @bdb484 did an excellent list of potential charges, it should be noted that they will not all be charged depending on the circumstances.
Assuming that the victim unknowingly ingested ...
22
votes
Is it legal for a bar bouncer to confiscate a fake ID
ServSafe actually has a compiled list of documents which identify a lot of information about the various aspects of alcohol sales within each state. I've separated them into three categories based on ...
19
votes
Unscheduled exterminator attempted to enter my unit without notice or invitation
It is at least possible that there are quite real roaches elsewhere in the building, and the landlord was advised to have everywhere sprayed to reduce the chance that unnoticed colonies would lead to ...
19
votes
Can a parent insist that her child (teen) stop assisting police?
E can leave at any time
E is not detained and there is no basis to detain her. As a child, that decision can be made by a parent.
E can be subpoenaed to testify but she does not have to talk to law ...
19
votes
Can an employer waive your right to overtime pay in Illinois as a W2 employee?
Overtime payments are mandated by federal law in the US and cannot be waived
Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees....
14
votes
Can a police officer film me on their personal device in my own home?
The video is a record created and possessed by the government, documenting government activities. It is a government record, and probably a public record under the Illinois Freedom of Information Act.
...
11
votes
Is it legal in Chicago to shoot looters?
Illinois has a "Castle Doctrine" which includes dwellings and other qualified buildings, but not a general "Stand your Ground" doctrine. Normally, to claim self-defense one has to ...
9
votes
Can police tow my car out of my driveway?
Illinois law has provisions for the seizure of "dilapidated" and "inoperable" vehicles if they are "in view of the public" according to 55 ILCS 5/5–12002.1.
In many cases such laws have been found to ...
9
votes
Accepted
Developed initial version of website in belief contract would get signed. They backed out. Is the site mine?
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 ...
8
votes
What legal responsibility does a mother have to the father of her child?
The following answers are based upon general U.S. law, I have not personally confirmed that they apply in Illinois in particular under its adoption law, or each of its welfare benefits programs, or ...
8
votes
Can a trust be changed if it can be proven the terms were setup to continue psychological abuse?
A trust where the trustee controls the flow of money on behalf of the beneficiary is known as a "spendthrift trust" and is quite common form of testamentary trust in the US. Typically, it's ...
7
votes
Accepted
Tenant lost the job because of covid-19 and unable to pay the rent. Now what?
Any eviction order (for non-payment) will not be enforced by the sheriff (as ordered by the court), and that is how evictions would happen. This is also required under the governor's order of March 20....
7
votes
Developed initial version of website in belief contract would get signed. They backed out. Is the site mine?
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 ...
6
votes
Can a renter get a vehicle towed from an apartment parking lot?
You may contact a towing company; they will ask who you are, and will politely inform you that since you aren't the property owner, they aren't authorized to take someone else's car that is ...
6
votes
Accepted
Does the father have the rights to keep the baby that the mother wants adopted?
Overview of Notice Requirements To Fathers Prior To Adoption In Illinois
The father has some rights, but they are very limited in Illinois under the kind of circumstances set forth in the ER dialog.
...
6
votes
Is there a reason not to use liability insurance?
She damaged you - your beef is with her.
If she has insurance, the choice of is she wants to claim or not is up to her. She is not obliged to make a claim and probably not obliged to tell her insurer ...
6
votes
Is it legal for a bar bouncer to confiscate a fake ID
A few complications since this is a passport:
The passport is the property of the issuing sovereign Nation.
Typically the laws of the locality require the non-citizen be in possession of the ...
5
votes
If I have 2 cars is it legal for me to insure each with a different insurance company
Look at companies such as Haggerty that insure only classic and low mileage cars. They have no issue giving full coverage on your classic car while at the same time you keep your daily driver with ...
5
votes
Developed initial version of website in belief contract would get signed. They backed out. Is the site mine?
Experience is cheap at any price
The web site is not theirs but it’s not clearly yours either because of the sketch design by your not client. Take it down from public view, don’t try to sell it and ...
5
votes
Accepted
Can I build on an easement?
If it doesn’t cause substantial interference to the easement rights
You need to look at the specific terms of the easement i.e. what right it gives to your neighbour. If you can build your chicken ...
4
votes
Accepted
Are these HOA rules legal?
Yes, they can.
How would they enforce it? It seems like the HOA would have to be able to request to see the tenant's credit report, background check,
proof of income, and rent checks to make ...
4
votes
Does the father have the rights to keep the baby that the mother wants adopted?
A child can only be adopted if all legal guardians agree to it. In normal circumstances both the mother and the father of the child are it's legal guardians.
The dialog is accurate.
If the father ...
4
votes
Accepted
Can you legally sell parts of a car (engine, etc.) that still has a loan on it from a bank?
No, because you are affecting the car's value by selling its parts. The car is collateral to the loan, so if you don't make the payments, the lender has the right to repossess and resell it to recoup ...
4
votes
Can police tow my car out of my driveway?
In the case you linked to, they stated that, even with the Fourth Amendment, police do have a right to tow cars under the "community caretaker doctrine." They found that because that particular car ...
4
votes
Accepted
R. Kelly and Statute of Limitations
In 2017 Illinois changed its law so that criminal charges for child abuse have no statute of limitations, and can be prosecuted as long as the accused is alive. This applies to all such crimes that ...
4
votes
Accepted
Can a police officer film me on their personal device in my own home?
Very interesting legal question. Had it been in a public place, you both would have had right to film anything you pleased. Different deal in the privacy of your home. There, you have the right to ...
4
votes
Pass red light in another state
Illinois collects the fine; California treats it the same as if you had run a red light in California
Both Illinois and California are parties to the Nonresident Violator Compact and the Driver ...
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