49

It seems like the officer should have to present at least some kind of evidence that the alleged crime occurred. Testimony is evidence. Officers can and do abuse this, but courts tend to give them the benefit of the doubt, so they typically attribute greater weight and credibility to a police officer's testimony than to that of a defendant.


17

European viewpoint: "Innocent until proven guilty" relates only to the criminal process. There is also an "administrative process" where the traffic control pretty much belongs, as well as other matters where the government exerts control, e.g. food quality. In the administrative process, the inspector's findings are considered true ...


14

There is no misrepresentation by the bank as you describe it, there is negligence by the account holder to comply with the terms of the account. The bank made no representation at all regarding a balance due. If you want the bank to be at fault, they the customer would have to demand a declaration as to the existence of a balance due (choose your words ...


12

However, if it's his word against mine ... I don't know the US point of view, but I have read that in Germany the courts evaluate the "evidence" (which includes statements of witnesses) by importance. If your word is against the word of the police officer, the court will judge the two statements the following way: The police officer is trained to ...


7

There are exceptions to the Title VII prohibition, which "does not apply to discrimination by a religious organization on the basis of religion in hiring and discharge. The exemption applies to an organization whose 'purpose and character are primarily religious.'" In all other respects, a religious organization is bound by the law that everyone else must ...


5

That will depend on state law, and possibly county or municipal law. Some states or localities can and do require a "certificate of occupancy" or some similar document certifying that a structure passes standards for human occupancy, and can and do prohibit living in a structure that does not pass. Others do not require a document but can condemn ...


5

It is not presently illegal for a private property owner in North Carolina to impose such a requirement on restroom users.


5

In Does v Enfield, the ACLU, the ACLU of Connecticut and Americans United for Separation of Church and State sued the Enfield, Connecticut Board of Education. In that case, the school district agreed to stop holding the ceremonies in church. The lawsuit was brought based on the fact that the church had significant Christian iconography and banners reading "...


5

The health insurance contract should set forth what is and is not covered in detail (in addition, there would be a short summary version). They probably don't have to provide procedure codes that are covered or not covered because no such one to one correspondence exists because the language of the insurance contract is controlling and does not exactly ...


5

The most likely reason the other driver doesn't want to go through insurance is to avoid a raise in his premiums. However, there could be more serious consequences, up to and including having his insurance cancelled, for example, if the son was not supposed to be driving the car, or based on the criminal nature of the offense. However, there can be serious ...


5

health care checks. Hotel check in. Employment? maybe. Background Checks? doesn't matter. It actually does matter, because there is sometimes a law governing the documents that may be shown for a given purpose. For example, the I-9 form, for verifying someone's eligibility to accept employment in the US, has a well defined lists of documents that an ...


5

You are not presumed guilty. You are accused by an eyewitness (the police officer). In my experience, if the eyewitness does not appear, the case is dismissed. Even then, his word is not beyond doubt, if you can show evidence, you can sometimes win the case. (in my case I was new to the area and a construction sign partially obscured the speed limit sign - I ...


5

It could be a breach of contract if the contract requires the bank to report the account balance to the consumer. It could be a violation of banking laws of they require such a statement of the balance. It could be both. Did the consumer ask what the balance was? How was the monthly balance statement communicated to the consumer during the life of the ...


4

No. Causing someone "pain and suffering" is not against the law; it is merely one kind of damages that can be awarded when someone has done something that is against the law. You may, for instance, endure pain and suffering from a car accident or shooting, in which case you could collect damages for your pain and suffering after proving that the other party ...


4

This is a question with a subjective answer, not a legal one. "Should I have to turn in my gun" legally, nobody is forced to turn in their guns because of mental illness. There are fourteen states in the United State that have laws to be able to seize weapons from mentally unstable individuals under what is known as "extreme risk protection orders(ERPOs)...


4

The answer by @DavidSiegel is a solid one and I won't repeat it. This answer addresses a side point in the original post: I have neighbors who live in similar or worse structures and nothing has been done to them. In general, selective enforcement of laws by governmental entities is allowed, so long as it is not made on the basis of an illegal ...


3

If three people inherited a house in equal shares, then a new deed should have been prepared and filed with the appropriate governmental authority (the county in most US states) before probate is closed. When that is done the authority of the executors over the house as executors has ended. However, if I understand you correctly, the two former executors are ...


3

The appropriate course of action would be to demand an evidentiary hearing, present evidence, and appeal the judge's ruling if it is contrary to the evidence in the record. Abandoning your attorney because the judge is sounding ominous would be foolish indeed. You can't do anything about the judge or about DSS.


3

The North Carolina Department of Justice runs an animal welfare hotline at 1-855-290-6915. The link implies that this is a toll-free number within North Carolina only, so it may not work from where you are. If it doesn't work, the page above also mentions ways to file a complaint online or by mail. They also suggest contacting local animal control ...


3

The police can arrest and charge anyone if they have a reasonable belief that a crime has been committed so: yes. However, if the question is: can they secure a conviction the answer is a resounding no. North Carolina law has three prohibitions on minors and alcohol: supplying to, possession of and buying. Possession is easily dealt with: the minor never ...


3

A new car should be a new car, without any damage. But, if you did sign the contract after you saw the one scratch at night, the dealer may have needed to disclose in writing all of the damage (what you first saw and what you saw the next day) in writing before you signed. From NC Department of Justice - Disclosing New Car Damage • Dealers are required ...


3

Your tax advisor was legally correct, but perhaps not very savvy. Unfortunately, the best way to resolve this sort of situation is to avoid it: You should have insisted your employer stop withholding for PA as soon as you moved out of state. Once someone else has possession of your money the burden is on you to get it back, and the burden can be (...


2

A certificate of service is the evidence that you have served the other party with the court documents - you can't do this before filing the documents with the court so, no, you complete it afterwards.


2

(1) and (3) are very similar in meaning. Usually (1) would be answered quite generally, "moves this Court to change the venue of this proceeding pursuant to Rule 98", while (3) would have an exact word for word statement of what you want an order of the court to say, such as "requests the following relief: (1) that this court immediately transfer venue in ...


2

Maybe The anti-stalking law in North Carolina is § 14-277.3A. Stalking.. The provision making certain conduct illegal is subsection (c) (subsection (a) is a preamble giving reasons for tha law, and (b is a definitions section). Subsection (c) reads: (c) Offense. - A defendant is guilty of stalking if the defendant willfully on more than one occasion ...


2

North Carolina does not regulate ammunition sales, other than teflon-coated bullets. Federal law does however and under 18 USC 922(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person... (4) has been adjudicated as a mental ...


2

It would appear, from the facts as stated in the question, that the tenant here has been deprived of some of the tenant's legal rights. Tenants have a right to notice, to a hearing, to appeal the result of the herring, and to obtain property after an eviction. The federal Protecting Tenants at Foreclosure Act (12 U.S.C. § 5201 *et seq.) gives a tenant a ...


2

It's an infraction, not a crime. This is Civil Court There are two separate court systems: Criminal court, with The State as prosecutor, life and liberty in jeopardy and "proof beyond a reasonable doubt". Civil court, with any private party as plaintiff, no risk to life or liberty, and "more likely than not". (51%) Civil court is for ...


1

The criminal provision pertaining to double voting is GS 163-275(7) says For any person with intent to commit a fraud to register or vote at more than one precinct or more than one time, or to induce another to do so, in the same primary or election, or to vote illegally at any primary or election. So if the person does so with the intent to commit a fraud,...


1

In general, you are not freed of contractual obligations if your circumstances change, whether that is because of economic downturn / unemployment, weather, or disease. If there is a clause in the lease saying "this lease can be voided if tenant {becomes unemployed / contracts a disease....}" then that could cover your circumstances (I would be stunned if ...


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