Hot answers tagged

74

You can sue anyone for anything. I will answer these on the assumption that the real question is whether there is a legal basis for such a suit. 1) Could someone open a civil action against the city of Las Vegas for failure to provide security? Or are city/county municipalities immune? And is the state of Nevada immune? This would not prevail. There ...


28

To add to user6726's answer: In general, you can only collect a judgement if there are assets or income available to be collected (i.e., owned by the debtor, and not protected from collection, such as personal items or part of the wages). If you suspect the debtor has assets you do not know about, you can formally ask the debtor to declare their assets. In ...


18

1 is not an option – you can't steal a person's pay, and the police won't help you. You only recourse there is legal wage garnishment, and I will take your word that their (reported) income is low enough that they are garnishment-proof. If you have petitioned for and been granted a writ of execution, the sheriff will have been ordered to collect, shifting ...


9

It is illegal to break into the house even if you don't steal anything. It is illegal to steal the drugs even though the owner of the drugs possessed them unlawfully. So that's at least two crimes. On top of that, the thief will be committing the crime of illegal possession of a controlled substance after the theft.


6

The crime of trespass carries with it the "warning" requirement (alternatively, no warning is needed if you enter "with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act"). There is no expiration for the oral warning, though the warning method only applies to a "guest", defined as "any person entertained or to whom ...


5

Extrajudicial implies there is some weight of law behind the casino behaviors you describe. I don't think there is. For example, refusing to cash out chips could just be a management intimidation tactic to try to coerce the customer into agreeing to be "questioned." Which the customer would be under no legal obligation to do. Card counting can't be proven ...


5

You call their employer and impersonate them The onus is on the employer to keep your personal data secure. If they do not take reasonable steps to verify that the caller is indeed you, they fail that duty and can be held to account. So, not a loophole.


5

You can’t die “during” a sale The formation of a contract is instantaneous, if the buyer dies they have to die before there was a contract in which case the seller keeps the car or after there was one in which case the buyer’s executor and the seller must do everything necessary to complete the sale (or breach the contract and get sued). This has nothing ...


5

Yes Assuming you were assaulted (with or without battery) and you suffered injury (physical or otherwise) during that assault you are entitled to damages. The injury has to flow from the assault but not necessarily from the assaulter. For example, if you fled across the road and were struck by a car you could sue your attacker. Because assault is an ...


4

As you describe it, the survivor knows that the action will result in death, and premeditatedly undertakes the action. So we turn to the murder statute in that (unspecified) jurisdiction, which will be like this: A person is guilty of murder in the first degree when: (a) With a premeditated intent to cause the death of another person, he or she causes ...


4

You are asking a different question The title to the earlier question -- "Do the police have a civil duty to do their job" -- is slightly misleading. The question is not whether the policy have an abstract "civil" duty to enforce the law, but whether they have a specific "constitutional" duty to do so. If they do have such a ...


3

Just to put it more clearly: You probably won't get your money, unless that debtor is really hiding a lot of money in stupid ways and gets caught. There is probably some paperwork you can do now and again to prevent the debt from lapsing. Maybe at some point in the future the person would like to lead a normal, debt-free life again, and then you might get ...


3

There was a recent case reported in the U.K. where someone went to the police and complained a robber had taken his drugs. The robber was arrested. The complainant was arrested as well. One for robbery and possession of drugs, the other just for possession. There will be cases where the police has problems finding evidence because the victim will not want ...


3

Possibly. I wonder if you mean "convicted" rather than "arrested"? There is no way that he will be "arrested" because you don't accompany him ("arrested" is when he taken by the police before a trial). On the other hand, if he plans to call you as a witness for the defence, then your absence may mean he is convicted at his trial when otherwise he would be ...


3

Can HOAs put liens on property? In general, yes. The process depends on the specific covenants, but what would be the point of an HOA that can't compel homeowner action by forcing payment for violations of the covenant? Everyone would stop mowing their lawns and tell the HOA to pound sand. So you're negotiating over the collection fee and possibly some ...


3

According to Nolo, which is usually a good source of legal information, yes, an HOA generally does have the power to place a lien on your property if you do not pay your HOA dues, and to foreclose the lien (force sale) if it is still not paid. They have a specific page for Nevada explaining procedures and restrictions. You'll also have to read your ...


3

You can't. The general rule is that all marital assists are divided in whatever way the court decides. In the absence of a pre-nup, your company (whether existing prior to the marriage or created after) is a marital asset.


3

Let's say you leave fake drugs in someone's yard. Eg, you expect the police to be dumb enough to believe it and arrest the other person Obstructing a public officer, specifically "deliberately hindering a public officer from carrying out official duties". Trespassing.


3

Can a court order reveal an ssn? Yes, although the legitimacy of such order strongly depends on the claims/charges at issue. That being said, the party may (and should) file a motion to have the records sealed, since the public disclosure --insofar as court filings are public records-- of a SSN is extremely unlikely to advance "the interests of justice" in ...


3

Of course it doesn't work. You haven't discovered an end-around to property ownership I gave someone a car and want it back (they refuse) You no longer own this car. It is now titled in their name. Your interest in the car is now exactly zero whether or not they paid for it. I use a shell company to buy my own debt Okay. This has nothing to do ...


3

Murder carries certain penalties, and attempted murder is distinguished from murder only with respect to penalty. Without the circumstances allowing execution, the punishments are life without parole, life with possible parole after 20 years, or a definite term of 50 years with possible parole after 20. There are separate "enhancements" for crimes against ...


3

If I find the car in a public place can I just break into it and drive off? That would not be anywhere near registering the title in your name. Whoever processes title registrations is presumed to conduct all necessary checks to establish that the new owner is legitimate. Unlike driving off someone's car without their authorization, registering a car title ...


3

The police who show up are in violation of the law (NRS 199.260, 199.270), so they do not enjoy the particular powers that police officers generally have. Nevertheless, this does not give you the right to drop bombs for fun. The arresting individual has the right to use reasonable force to effectuate the arrest. Ordinarily, you can't punch a person; but it ...


2

Yes. Most states have a reinstatement period of up to five years during which you can reinstate your corporation by filing the appropriate paperwork and paying the required fees and any penalties (extra fees) due. Check the website of your state's corporation authority for the exact procedure. In Nevada, it looks like the Secretary of State is the right ...


2

If the manager of the shop is an employee of the franchisee, then they would not be likely to be personally liable if the damage occurred in the course of performing their duties, even if it was not related to the specific work being performed on the vehicle. For instance, consider the situation where engine work is requested, but as a result of some ...


2

You need to read the governing documents. Generally, yes, HOAs create these kinds of rights. However they are usually tempered. For example, there is often a requirement of notice and an opportunity to be heard or some such thing.


2

When does he need to be on the lease When he becomes a tenant instead of a guest, always assuming that the landlord is willing to have him as a tenant. When should he start paying rent? Ditto Is there anything I can do to prevent him from living here? Unless the lease or the body corporate places limitations on houseguests, no. Your co-tenant is ...


2

According to this document from The Nevada Judiciary, page 2 states In the case of a fixed-term lease (one with a fixed ending date) that is not being renewed, the landlord must still provide the tenant with the proper notification that the tenancy will not be renewed and is being terminated at the end of the lease term. So you certainly have the ...


2

Theft of mail is a federal felony: Under 18 USC 1708, it is a crime to destroy, steal or even possess mail belonging to another. If you fail to return mail you received in error, you could be charged with the federal felony crime of mail theft. Mail theft can be punished by: Up to 5 years in a federal penitentiary, and/or A fine of up to $250,000. From ...


2

The question would be standing. For you to sue someone, usually you must have been affected by their acts and you do sue them to get compensated/to get something done. So to sue them you should have to argue how their drug usage affected you. A risk that did not materialize is not a damage. Now, you talk about a "legal risk". As a rule of thumb, your legal ...


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