82 votes

Landlord penalty for law enforcement calls

This law sounds likely to be unconstitutional and/or invalid because it is pre-empted by state or federal laws. Among other things it probably violates the First Amendment right to petition the ...
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  • 140k
26 votes
Accepted

Could New Jersey Really Ban Pennsylvania Drivers?

Constitution of the USA, Article IV, Section 1: Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by ...
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  • 4,615
25 votes

If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?

massachusetts This is a matter of state law, so let's look at a particular state: Massachusetts. My answer below is largely based on the Massachusetts model jury instructions for self-defense cases. ...
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17 votes

Landlord penalty for law enforcement calls

This problem seems not to be unique, see this article. Ohio is reported to have about 50 of them. Here is a legal paper on crime-free housing ordinances, and this includes nuisance ordinances which ...
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  • 165k
16 votes

Landlord penalty for law enforcement calls

Those who attended reported learning that there are some new laws regarding rental properties [...] they make it easier for us to evict problem tenants whose visitors damage our property These "...
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16 votes

Am I eligible for unemployment benefits while waiting for a final job offer?

Yes As far as unemployment is concerned, your "offer" is only a potential job, as it is not yet binding, and in any case for their purposes it does not count until you actually start paid ...
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  • 98.1k
15 votes

If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?

england-and-wales In English law, you would have an absolute right to defend your partner (or in fact any innocent bystander) using what is referred to as 'reasonable force'. In this instance, you ...
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  • 2,665
15 votes
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Does the death of a party involved in the execution of a will mean that they do not inherit?

The common law rule was that to inherit you have to outlive the decedent from whom you are inheriting, and that the inheritance would pass to your estate if you died before distribution was made. ...
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  • 140k
13 votes
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Can an estate be a beneficiary?

No Pennsylvania law § 2104 requires: (10) Requirement that heir survive decedent for five days.--Any person who fails to survive the decedent by five days shall be deemed to have predeceased the ...
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  • 158k
12 votes
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Is it legal for a landlord to refuse a lease because an Occupant on the application is an undocumented immigrant?

The default rule is that a landlord can refuse to rent to anyone for any reason, in which case the landlord can refuse to rent in this case. There are civil rights laws that limit this discretion in ...
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  • 140k
11 votes

If a person punches my wife and I am right there, do I have a right to punch that person, or use a singular subduing technique in response?

There are two options in Washington state for using force against the assailant. The first is in defense of a family member, see RCW 9A.16.110(1): No person in the state shall be placed in legal ...
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  • 165k
10 votes

Am I eligible for unemployment benefits while waiting for a final job offer?

You are not currently employed You have been laid off. Your new job will start in about 6 months if you complete that check. That is not unique but comparable to someone needing to undergo mandatory ...
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  • 16.2k
9 votes

Is fraudulent activity related to renting a residence - Theft by Deception?

As you note, it does appear that this tenant has committed one or more crimes. In Pennsylvania crimes are prosecuted by the state, and you can begin the process by filing a private criminal complaint ...
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  • 20k
9 votes

Quiet Title Action. Is this normal?

It is unusual, but not unheard of, to do a quiet title action in connection with an arms length, non-related party sale of real estate. The far more customary practice is for the seller to do the ...
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  • 140k
9 votes

Could New Jersey Really Ban Pennsylvania Drivers?

There is a law that addresses this question: §1502 of chapter 15 exempts from the requirement to obtain a licenses (in PA) in the case of (3) Any nonresident who is at least 16 years of age and who ...
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  • 165k
8 votes

Does flashing high beams give police probable cause to stop a vehicle?

Generally yes, but it depends on both context and jurisdiction. For example, if you arrived from a different street segment at 4-way stop at the same time as another car, and give a flash to ...
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  • 656
8 votes
Accepted

Is it legal to *prohibit* recording a conversation in Pennsylvania?

You have misread the DMLP page. In Pennsylvania, it is illegal to record a conversation if you are a party and if the other party does not consent. The fact that federal law doesn't ban something ...
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  • 20.9k
8 votes
Accepted

Can the mother of a child keep the father's name off of the child's birth certificate?

Under 28 Pa. Code 1.6, The child of an unmarried woman may be registered with any surname requested by the mother. If no other surname is so requested, the child shall be registered with the ...
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  • 165k
8 votes

Can an estate be a beneficiary?

The default provision is that the uncle has to survive the grandfather for his estate to inherit. A will or trust can have contrary language (sometimes requiring survival by 120 hours to 6 months) but ...
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  • 140k
7 votes

Can an estate be a beneficiary?

Possibly, but probably not in this case It is possible to make an estate the beneficiary of a life insurance policy or an annuity. For example, it is common to have the decadent's own estate to be a ...
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  • 98.1k
7 votes

Could New Jersey Really Ban Pennsylvania Drivers?

Probably not OK See the Wikipedia article "Freedom of movement under United States law where it is mentioned that freedom to move from one state to another is a right protected under the ...
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  • 98.1k
6 votes

Is it legal to own lockpicks in Pennsylvania?

There is a relevant law, Title 18 section 907 which states that "A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally". So ...
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  • 165k
6 votes
Accepted

In Pennsylvania is there more legal protection in forming a LLC as opposed to operating as sole proprietor?

An LLC is a legally distinct entity from your person. Basically, if your LLC is sued, and you lose, you can lose only what you put into your LLC. Your personal assets are untouched. A very ...
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  • 6,140
6 votes
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Does an executor who is a child of the deceased have a legal right to begin processing of a property before the will is probated?

The personal representative is empowered by law (esp. §3311) to undertake actions on behalf of the deceased, and enjoys certain legal immunities against personal liability for their actions. The ...
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  • 165k
5 votes

Can a jury change a price?

You're missing some pretty important details in describing the facts of this case. The most important of which is: What were the agreed terms upon which Alice obtained possession of the car prior to ...
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5 votes
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Tow truck company claim they towed my tractor trailer but I have a video of them getting into truck and driving it, what are my options?

From a comment on the question: They did damage the trailer door and headlight is smashed This seems like the best thing to focus on, especially if you can show that it was not damaged before they ...
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  • 166
5 votes
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Is Barb entitled to the full calendar month of her rental apartment despite an out-of-sync 60 day notice?

Presumably the lease contains an automatic renewal provision that says unless you give notice 60 days in advance, you commit to another month (otherwise, you can just leave at the end of the month). ...
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  • 165k
5 votes

Can a company I've never been a customer of send me to collections?

Possibly In most contracts, the parties sign in their capacity as people (or agents for other people). However, some contracts are signed in the capacity as the owner of a piece of land and the ...
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  • 158k
5 votes

Does the death of a party involved in the execution of a will mean that they do not inherit?

No, at least not in the jurisdictions I know. If she dies now, it's the same as if she had died before the parents: Her share will be distributed as if she had lived, which means it will primarily go ...
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  • 1,218
4 votes
Accepted

Could an employee be fired as they are about to quit in order to pay them severance?

In the U.S. severance payments are not provided for statutorily, and are rarely made when an employee quits or is fired for cause. However, even when not provided for within contracts it is common to ...
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