6
An affirmative defense is a way of avoiding conviction by acknowledging you did the act claimed, but that such act was among the exceptions provided by the law which makes such acts otherwise an offence.
That is, you affirm (acknowledge, admit) your action of using the device, but you are claiming that your use of the device (handsfree as a GPS guide) is ...
5
You could first look for a force majeure clause in the lease which says something about natural disasters and the like. If there is a clause which says e.g. "Landlord will not be held responsible for problems arising from ice storms", that doesn't help you, but maybe it specifies e.g. rent reduction of $2/day for lack of electricity. That doesn't mean he can ...
3
Worst case:
18 U.S. Code § 2381 - Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; ...
3
The statute of limitations in Oregon appears to be six years (per the link provided by Nate Eldgredge in the comments). This would be extended if there was a partial payment or written affirmation of the debt by the debtor.
2
There is a 6 year statute of limitations for contract cases, and for non-contract cases involving fraud or deceit, the two year "limitation shall be deemed to commence only from the discovery of the fraud or deceit".
[Addendum]
The seller's disclosure is required by ORS 105.465(2), and described in ORS 105.464. Item G addresses moisture problems. If that ...
2
You shouldn't try to bring suit against the state or DHS.
DHS and the state and any other plausible defendants all have sovereign immunity from all liability for the kinds of conduct that you describe. Their actions were expressly approved by judges which gives them complete immunity from liability. You would not prevail. There is nothing you can do about ...
2
A school official might have the legal right to search you (without a warrant), if, following New Jersey v. T.L.O, they have a reasonable suspicion that the student has done something wrong (not necessarily a crime). However, students do have a reasonable expectation of privacy. The court ruled that schools do not have the same complete right to invade their ...
2
To be very straightforward, yes, a police department would very likely have records of their past interactions with you in the form of police reports. They cannot just throw them away because it's been scrubbed from your public record. They detail the interactions the police officer had with you.
That being said, those records would not show up in a general ...
2
If we went after the city (or state) for something like negligence (or
whatever term fits the broad issues above), is it likely that we can
recover monetary damages (and/or attorney fees) since they seem to
have sided with the officer?
My partner has diagnosed PTSD as a direct result of these ongoings.
This case impacted my partner's ability to ...
1
The fire department is entirely within its rights, which are the same as any other property owner. The fact that property is owned by a governmental body does not mean that members of the public can't be excluded that property.
Some governmental property is public, but lots of it is private, and this would usually include most parts of fire department ...
1
I presume this is a secured network, which is how they require you to agree to the license, but that is an important assumption, so if that's not true, wait a minute.
If the terms that you agreed to state that they will install certain software, they can do that. Consent means consent, i.e. you can freely agree and enjoy certain rights, or refuse and not ...
1
In the Oregon Supreme Court ruling, "a search occurs only if governmental action invades 'a protected privacy interest'". The appeals court ruling was that
Under the prevailing principles of Article I, section 9, of the Oregon
Constitution governing privacy rights with respect to personal
effects, we conclude that the extraction and testing of the dog'...
1
No, it says that the judge can force the dog owner to follow the measures needed to ensure the dog's welfare and that the owner cannot refuse on the basis that his privacy is being violated.
Imagine that you buy a brand new iPhone and immediately after buying it you hammer it1. Even if the judge suspects that you did that, the judge has no power to force ...
1
The relevant law is ORS 113.075. You can contest the content the validity of the will or the probate itself (in Oregon, you do use probate). You have 4 months from "notice", which is either the general public notice in the local paper, or the mailing of the "Information to devisees" described under ORS 113.145. If you are named in the will, the later would ...
1
Direct legal advice is off-topic here (as well as illegal - read the right sidebar), but two things you can do are:
1) Keep looking for an attorney. You need to find one who feels strongly about your case and doesn't have conflicts of interests with the police department or city departments you will be up against. Write up a letter and send it to as many ...
1
According to Oregon law 30.265(6):
Every public body and its officers, employees and agents acting within the scope of their employment or duties... are immune from liability for... Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.
If the state was ...
1
There are two separate questions that you would be interested in. One is whether you understand the terms of the contract: you probably don't, but also, the agent probably doesn't either, and they cannot give you legal advice about what the contract means. So you have to take it or leave it (and typically one takes it).
The other is whether you actually ...
1
It may or may not be illegal, but it also may be damaging to the child, and in that case somebody might be taken to a civil court for well-deserved damages. I'm hoping someone will tell us what crime this would be most likely (I'd say it would be an assault on the child), and then you might convince the police to investigate and collect evidence free of cost ...
1
Sounds like you need replacement documentation (in lieu of a traditional birth certificate), which would be a Consular Report of Birth Abroad (CRBA) for those born outside the US on military bases and other such entities. At travel.state.gov see Replace or Amend a Consular Report of Birth Abroad (CRBA)
If you don't have sufficient forms of ID to apply, at ...
1
I don't find any state law on the topic. There was a federal ban on transplanting such organs but that was changed in 2013 by the HIV Organ Policy Equity Act. It allows HIV-positive donors to donate to HIV-positive recipients, which was banned under the Organ Transplant Amendments Act of 1988.
1
Let's deal with the somewhat misguided notion of "public space": what it means and what it doesn't:
"publicly owned" is not equivalent to "public space" - Camp David is "publicly owned"; it is not "public space".
"privately owned" can be "public space" - the publically accessible parts of shopping malls are privately owned public spaces.
"public space" ...
1
That law specifies 6 exceptions (ORS 109.323-109.329). A stipulated judgment, which is an agreement to settle a case, itself doesn't mean that, but the circumstances of the agreement, could (if it terminates parental rights).
1
You most likely have a cause of action (civil case) for breach of contract and fraud and should consult with an licensed attorney immediately.
Oregon is state that requires sellers to disclose multiple things in a standardized form. Unlike a caveat emptor state, the seller must disclose certain facts based on what they actually know. See O.R.S. § 105.464. ...
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