Hot answers tagged

55

As stated, this is not a reasonable restriction and runs afoul of the Fair Housing Act. You cannot discriminate based on family status, with an exemption for "housing for older persons", and the act "does not limit the applicability of reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to ...


36

What happens if we build a house (with plenty of room), move in with our two kids, and then have another baby? You will start getting spurious violations like: Your grass was not cut Tuesday morning between 9am and 10am Your garbage cans need to be hidden from the street Your child hopped too many scotches on the sidewalk during a low-noise ordinance Your ...


30

california You intended to kill them, you killed them, that's murder California Penal Code Section 187(a): Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. California Penal Code Section 188(a)(1): Malice is express when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature. ...


24

NO If there were no extenuating circumstances (or they should not have been looked at as they were not presented), the losing party can petition for reconsideration and appeal the decision as a matter of law. The Judge/court of appeals then reviews the case and decides if the verdict stands. But you can't plead new facts at that stage, so if the losing side'...


16

That’s murder new-south-wales Crimes Act 1900 s18: Murder shall be taken to have been committed where the act of the accused, or thing by him or her omitted to be done, causing the death charged, was done or omitted with reckless indifference to human life, or with intent to kill or inflict grievous bodily harm upon some person, or done in an attempt to ...


16

england You're describing a murder In English Law, the act of running from an attacker would be entirely within the realms of 'causation' (e.g. the attack caused them to escape) and is explicitly called out in case law as one of the things that an attacker would expect their victim to do in self-defence, hence remaining part of the attacker's responsibility. ...


9

YES There is a way to hold a judge accountable for harm caused by a bad decision: vote him out of office. Judges undergo a retention election every 6 years. The Judicial Performance Evaluation Commission also reviews state judges, and you can file comments indicating whatever problem you want to complain about. There is no way to achieve the desired ...


8

The first question would be whether those papers are indeed "legit", and we don't do product reviews. Assuming the company didn't mess up and she was legally served, the next question would be whether she responded (in the legal sense) or not. If she failed to respond at all within 21 days (add 9 days if she is out of state), then your next step would be to ...


8

This will depend upon the legality of your actions so far, and how closely they are related to the death. For instance, if you were chasing that person with the intent to kidnap them, torture and then kill them, it’s going to be murder because you are committing a crime and they die because of that. If instead, you called and invited them to your house with ...


7

NO In most cases there is no tax owed by the beneficiary and it has, in any case, nothing to do with the estate.


6

"Legal requirement" can and in this case simply means "it's what is required in order for us to be reasonably able to offer you this service", noting that it would be unreasonable for such a dangerous business to operate, when one moron slipping and suing them could put them out of business. It's a little surprising that you've never had to sign a waiver ...


5

Lying in itself ("of course you will get a wifi signal here") is not a crime. However, if you have proof that the lies were intended to benefit your landlord at your expense ("You won't sign the lease unless there's wifi? No problem") and that they actually did so ("You've signed the lease, it's too late to back out"), he may be guilty of fraud, which is a ...


5

(For a definitive answer, consult an employment attorney). According to the federal Equal Opportunity Employment Commission, in general, An employee cannot be forced to participate (or not participate) in a religious activity as a condition of employment. This requirement comes from Title VII of the Civil Rights Act of 1964. Answer 14 on this page ...


5

You file another claim. Period. It's not unjust enrichment. You have no duty to fix your car. You are being compensated for the reduced value. Say I hit your door backing into a spot and cause a tiny dent. You get paid x for that dent. Then someone comes and rips the door off. The door needs to be replaced anyway. You are legally allowed to put in a claim ...


5

I wouldn't be surprised to see other states and jurisdictions with similar statutes. Fortunately, in the United States, there is a safe harbor against demands for state income taxes: For every dollar of taxable income, you can only be taxed by one state. (This was affirmed by the Supreme Court in 2015 in Comptroller of the Treasury of Maryland v. Wynne.) ...


4

If the stranger was aware of the reward offer at the time of the return you have a legally binding contract - you made an offer to the world, money for return of the phone, and they accepted it by returning it. If they were ignorant of your offer and returned the phone then there is no contract and you do not have to pay: albeit at the cost of being a jerk. ...


4

I'm sorry that you've had to go through this. Car accidents are rough business (having been through two, I know how bad they can be!). As others in this thread have pointed out, Utah is a no-fault state. Legislators intended for this to cut down on court costs and unburden the legal system. Drivers just turn to their insurance companies and have their ...


4

"No fault" is a term of art in this case. In a "no fault" insurance regime, such as the one in place in Utah, minor car accidents are covered by the insurance company of the person who suffers the damage, and not by the person who is at fault in the accident. Utah's "No-Fault" Insurance System Utah is a "no-fault" car insurance state. This means that ...


4

For regular firearms you only have to comply with the laws of the state to which you are moving. Since Utah (presently) has no state-specific restrictions on ownership or possession of AR-15 rifles that means in this case, as you say, "no problem." (The only exception would be registered NFA items – e.g., machine-guns, suppressors, SBR, SBS, DD, AOW &...


4

Was the case Sealed? Or is it considered to be Private? Those are two different cases. I was not able to find any laws regarding sealing, or expunging records of Name Changes, but was able to find the Utah Law for Criminal Records. I can only assume they draw from one another. All that being said, assuming your whatever case is sealed, then Some ...


4

He may be entitled to (part) of the deposit or he may owe you more money When you and he agreed you both entered a legally binding contract - you are obliged to sell the vehicle to him, he is obliged to buy the vehicle from you. The deposit is merely the first instalment of the payment for the vehicle with the balance being due on delivery. They are not ...


4

Simply being in the store in these fake nametags and outfits is probably not illegal. At least it does not violate any law that I know of. There might be some specific law in a particular jurisdiction, and the question does not say where this is assumed to occur. If a person actively impersonates a store employee, say by "selling" an item to a ...


4

Up to any time bar in a statute of limitations: yes By using the services, your neighbour incurred the debt. The debt did not become due and payable until the bill was issued. It doesn’t matter when the bill was issued. In most jurisdictions, there is a statute of limitations with a time limit on how long after a debt was accrued it can be pursued. For Utah, ...


4

What you describe could be construed as felony murder in it is a death that happened during the committing of a felony. You were in the process of assaulting the victim and then he slipped and hit his head against a rock and died from that. In some states felony murder carries the death penalty like Nevada for instance. Intentions are pretty clear, you don't ...


4

Also in English Law, the rule is, if you intended serious harm to a person, and a person dies because of it, that's murder. This definition means that: You didnt need to intend their death. Its enough to prove you intended to do them serious harm, and they died as a result of what you did. That's murder. It doesnt have to be the same person. If you ...


4

Suppose such an ad lied about the people not being actors, but everything it said about the product was objectively true. Would this constitute false advertising? No, or at least under Utah law it is not actionable. Garrard v. Gateway Financial Services, Inc., 207 P.3d 1227, 1229 (2009) points out that "[t]he Utah Unfair Practice Act [...] prohibits [.....


3

Utah has a lot of public parks, so to point in the right direction, I will assume that this is a public park in Salt Lake City, it's just a plain old grassy field, and it's not during a special event. A person is suspected of some crime like selling drugs, not arrested, but told by a police officer to go away and never come back. This is way beyond the power ...


3

If you cannot legally purchase a gun in Utah due to any restriction, such as residency, and you engage someone else to knowingly buy or gift you a gun (such as a "straw man" purchase from a dealer or private sale), that is illegal. From the same link you posted (my emphasis): Can I buy a firearm as a gift for someone? Yes, as long as the receiver is ...


3

Your first line of defense against liability arising from the rental insurance is property insurance. Your next is the fact that a suit against arising from ownership can only be brought against the LLC, although this works only if you don't personally participate in the conduct that gives rise to the liability. For example, if the LLC hires a gas line ...


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