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55 votes
Accepted

Firearm provision in lease agreement

Clauses (a) and (c) are potentially relevant. You have to look in the Rules & Regulations to see what exceptions are permitted. Although firearms and especially shotgun shells are of a "dangerous, ...
user6726's user avatar
  • 215k
14 votes
Accepted

What is Reckless disregard for the Truth?

The fuller statement is reckless disregard for the truth or falsity of the statement. The reckless disregard for truth element in defamation claims requires a plaintiff to show that the defendant had ...
ohwilleke's user avatar
  • 218k
10 votes

Does a voluntary release form with two signers which uses the wording of I instead of we release one if they do not sign?

There is no significance to using the words "I" or "we", nor does it matter that you didn't sign the surrender paper (after al, you did not have possession of the vehicle and it is ...
user6726's user avatar
  • 215k
7 votes
Accepted

Do you have to evict someone who was staying with you without contract or lease, but left without warning?

Your question seems to be about abandoned property and whether Missouri’s statute on disposing of property after a tenant abandons his/her property applies. See Mo. Rev. State. Ann. § 441.065 (“...
Mr_V's user avatar
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7 votes

Why did the neighbors, rather than the beneficiaries, object to the property destruction in Eyerman v. Mercantile Trust Co.?

Why did the neighbors rather than the beneficiaries object to the property destruction in Eyerman v. Mercantile Trust Co.? Short Answer The neighbors were allowed to sue because they benefitted from ...
ohwilleke's user avatar
  • 218k
6 votes

Firearm provision in lease agreement

I do not see how you can violate this section without threatening someone. (C) has, I count 6 components. Pay close attention to how they interact. engage in acts of violence or threats of ...
Harper - Reinstate Monica's user avatar
6 votes
Accepted

What restrictions is a teacher under when they suspect a student of having ADHD?

There is no specific statute in Missouri that prohibits a teacher from saying "ADHD". There is a specific federal statute that obligates the school district to make accommodations if a ...
user6726's user avatar
  • 215k
6 votes

Filing status for two families at one address

You have two married couples, each of whom have dependents. More than one family can live at the same address for tax purposes. The analysis would probably be different for census purposes, which ...
ohwilleke's user avatar
  • 218k
5 votes

Trying to get my money back from an attorney

It isn't 100% clear from the question if a case has been filed in court, or someone was just planning on filing a lawsuit, which is an important fact. It seems like the ex filed a court case and you ...
ohwilleke's user avatar
  • 218k
5 votes

Dealing with drunken guy harassing us over anti-vaxxer and conspiracy theories, and cops won't do a thing?

The Missouri trespass law is here. The police will not detain a person for expressing himself, even repeatedly, though a court order to stay away would change things. The law says A person does not ...
user6726's user avatar
  • 215k
4 votes
Accepted

Refusing to pay part of a installment plan

Most Likely Yes to both. It really depends on the nature of your agreement, oral agreements are as legally binding as written ones, but as a matter of evidence in court written contracts are of ...
Shazamo Morebucks's user avatar
4 votes
Accepted

Would it be illegal to have a fake gun turret robot on my front porch?

I'd take the city council's advice and realize that you could be charged with a crime. Their job is to know the local laws and put them into place, as well as know how those laws relate to state law. ...
BlueDogRanch's user avatar
  • 18.8k
4 votes

Does a voluntary release form with two signers which uses the wording of I instead of we release one if they do not sign?

You are in default on the loan, so you owe the money When you co-signed the loan, you already agreed to be responsible for paying that. The agreement on the surrender notice to pay the remaining ...
Ryan M's user avatar
  • 10.3k
3 votes

Does settlement of an HOA liens wipe the slate clean?

A lien is used to prevent sale of a property until a debt is paid. This has nothing to do with priority over a mortgage. The HOA agreed to release the lien for some payment. The negotiation of that ...
Tiger Guy's user avatar
  • 7,100
3 votes
Accepted

Does an omission of car model in a traffic ticket constitute grounds for dismissal?

You will still have to pay A ticket can be ammended if the state so chooses (they can look up what color and model your car is). The car is probably on video. The officer can testify if they wrote ...
Tiger Guy's user avatar
  • 7,100
3 votes
Accepted

being forced to use Express Scripts (mail order delivery) on perscriptions

It is legal and quite common. Your choice as consumer is at the point of selecting insurance company. If you dislike ES enough, that would be a reason to select a different insurance company. It would ...
user6726's user avatar
  • 215k
3 votes
Accepted

Do I still have full custody of my child?

You will have to litigate this issue anew in the divorce. When there has been a major change in circumstances, issues related to custody can be relitigated, even if there isn't a remarriage. In ...
ohwilleke's user avatar
  • 218k
3 votes

Does Missouri Revised Statute 578.018 imply that a law enforcement officer must get a warrant to enter private property to check on an animal?

The general rule is that a warrant is required to enter private property (absent constitutional case law exceptions to the warrant requirement such as exigent circumstances and consent), and that a ...
ohwilleke's user avatar
  • 218k
2 votes

Can a friend testifying in my defense on a marijuana possession charge also be charged?

Missouri law criminalizes knowing possession: 579.015(1) A person commits the offense of possession of a controlled substance if he or she knowingly possesses a controlled substance... 579.074(1)...
user6726's user avatar
  • 215k
2 votes

Can a friend testifying in my defense on a marijuana possession charge also be charged?

I'd recommend first that you tell the court or whoever needs to know that the items were not yours, but that they were left there by your friend without your knowledge. Your friend can refuse to ...
gnasher729's user avatar
  • 34.2k
2 votes
Accepted

McDaniel Millitia Act

Laws requiring residents or citizens to own weapons for militia service were common in colonial times, and I believe in early post-colonial times, under the Constitution. Such laws had been in effect ...
David Siegel's user avatar
2 votes

Does the state have the legal right to limit city legislation?

Generally speaking, state law and state constitutions govern the allocation of authority between local government and state government. The primary exception to this general rule was set forth in ...
ohwilleke's user avatar
  • 218k
2 votes
Accepted

What constitutes elder abuse in the state of Missouri?

According to the Missouri DHSS Elder Abuse may include: Abuse – the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or ...
David Siegel's user avatar
2 votes

Can you "make" an insurer fix a total loss vehicle?

If you take away insurance, the basic legal rule is that if one person wrongfully causes damage to another, the wrong-doer can be compelled to make the other part "whole", that is, undo the damage ...
user6726's user avatar
  • 215k
2 votes
Accepted

Is a Director of an organization entitled to information on the D&O insurance?

Employees must follow the lawful and reasonable directions of their employer The CEO is an employee. Their employer is the school which, I assume, is some sort of body corporate since it has directors....
Dale M's user avatar
  • 211k
1 vote
Accepted

At-fault accident in someone else's car, but car was not damaged

Car insurance usually follows the car. Therefore if the involved car was used with permission, that policy would cover liability (up to the limits, then the driver's insurance would cover remaining ...
user6726's user avatar
  • 215k
1 vote
Accepted

How does a subdivision covenant work if no successors are recorded?

Can covenants be sort of "forgotten about" and have no enforceability? Can I just do the exterior work I want to and not worry about "someone" coming after me for doing so? This ...
ohwilleke's user avatar
  • 218k
1 vote

How does a subdivision covenant work if no successors are recorded?

australia If you can’t get permission, you don’t have permission The covenant benefits the land, not any particular owner or any other interested party (in general, they can, of course, be worded the ...
Dale M's user avatar
  • 211k

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