A landlord is generally responsible for repairing damage to vital facilities
or structural defects in the rented unit, even those caused by normal wear
and tear.
***
In almost all states, a home improvement contractor has the right to file
a lien against the property to secure payment for work performed.
***
A real estate mortgage is personal property, and where it is owned and
held by a private (non-bank) party, it passes upon death to the beneficiaries
of the will, as would any other debt.
***
Generally, you cannot disinherit a spouse in a will. Most state provide
a spouse with a spousal share, usually a percentage of the estate.
***
The attorney-client privilege will not shield from disclosure statements
made by a client to an attorney in the presence of third parties.
***
LEGATEE is a person named in a will to receive property.
***
Under the Endangered Species Act, the government has between 12 and 18
months to decide whether a species should be listed as threatened or endangered.
***
In order to be charged as a monopoly, a company must both possess monopoly
power in the relevant market and have acted purposefully and deliberately.
***
A contract for the sale of real estate can be canceled when incurable
environmental hazards are discovered.
***
Bankruptcy law cannot be used to protect those who have cheated or defrauded
another person. They are still liable for awards rendered against them,
and cannot seek to have them relieved in bankruptcy.
***
Automobile lemon laws do not always cover leased vehicles, and the Lessee
may not be able to return a leased vehicle to a dealer if it is defective.
***
Biological parents usually have the right to visit a child who has been
placed in foster care, unless an abusive situation caused the separation
of parent and child.
***
Some states allow juvenile records to be erased or destroyed on the successful
completion of probation.
***
The 1993 Federal Motor Voter law requires states to allow people to register
to vote when they obtain a driver's license.
***
While most states require that a landlord give notice and file in court
before evicting a tenant, a few states permit the landlord to enter the
premises and peaceably remove the tenant's possessions.
***
Odometer tampering is illegal under federal and state law and constitutes
general fraud, subjecting a violator to punitive damages and possible attorney's
fees.
***
JUDGEMENT NOTWITHSTANDING THE VERDICT is rendered by a judge in a case
where the facts of the law do not support a decision a jury has made.
***
In a condominium, each unit owner takes title to his individual unit but
has a common interest in common-use areas, such as corridors, stairs or
elevators.
***
Judges are generally allowed to deny bail to a person charged with a violent
crime if they believe there is a serious risk that the person will flee
or be a threat to society.
***
While term limits on federal politicians have not been enacted as yet,
the Supreme Court has not overturned state laws placing term limitations
on their officeholders.
***
An employer is permitted to conduct some reasonable surveillance of employees'
conduct in common work areas or in areas where the employee has been notified
such surveillance would occur.
***
"The real value of freedom is not to the minority that wants to talk, but
to the majority that does not want to listen." --Zecheriah Chafee, Jr.,
American educator, 1956
***
The Federal Equal Pay Act of 1963 entitles women to equal pay for work
performed under the same conditions as a man, and where the job requires
equivalent levels of skill, effort and responsibility.
***
Some states allow employers to deduct from an employee's pay the cost of
tools, equipment, meals, cash shortages (in case of dishonesty) or breakage.
***
A limited-liability corporation permits the pass-through of profits and
losses directly to its owners. They, not the corporate entity, are taxed
on the profits and can deduct the losses.
***
An individual does not have to retain an attorney to challenge an IRS audit,
and may legally represent himself in court.
***
A LIEN is instituted in order to secure payment from a property owner in
the event the property is sold.
***
Handing out leaflets in a public place can be restricted only- where necessary
and if the activity is seriously obtrusive, the courts have ruled.
***
If a renter does not sign a collision damage waiver, a rental car company
may be able to use the deposit to defray the costs of damage to the vehicle.
***
Hospitals have a clear obligation to admit and treat patients with AIDS
or the HIV virus if the facility's staff has the appropriate training and
resources.
***
The owner of a lake or pond will generally not be responsible in case of
drowning, unless there was some unusually attractive feature or condition
drawing users there, or some non-obvious danger existed.
***
LIQUIDATED DAMAGES is the amount of money specified in a contract to be
awarded in the event the agreement is violated.
***
Each state has what is known as an "implied consent" law. This means that
a refusal to submit to a police station alcohol test can subject a driver
to greater fines, jail term or other punishment if he or she is eventually
found guilty of driving under the influence.
***
Someone who refuses to register for military service in a draft could face
federal criminal charges, including imprisonment and fines.
***
In Maine, a disabled girl who was denied accessible facilities in her schools
over a 10year period was awarded $80,000 in damages.
***
Certain types of workers are not considered "employees," and therefore
employers do not have to verify their immigration status. These include
independent contractors and casual hires, such as servants.
***
"Justice is always violent to the par~ offending, for each man is innocent
in his own eyes." --Anonymous
***
The Federal Trade Commission has ruled that car dealers may not obtain
customers' credit reports before they conclude a deal.
***
Current law considers each spouse responsible for all federal taxes due
on a joint return. There are some exceptions for "innocent spouses" in
case of fraud.
***
A power of attorney can be revoked at any time by tearing up the document.
It is advisable to notify any party who may have a copy, and may be relying
on the document, that the agency is no longer in effect.
***
Congress has the power to impeach a federal judge who is deemed to have
acted improperly.
***
"Eternal vigilance is the price of liberty." --Wendell Phillips, American
orator/abolitionist, 1851
***
Conviction for drunk driving carries stiff penalties, including the loss
of the driver's license, a fine and possible jail time.
***
A landlord can usually evict a tenant in a residential lease if the tenant
is running a business out of the leased property.
***
The implied warranty of merchantability guarantees that goods will be reasonably
fit for their ordinary purposes.
***
Several states require dealers to provide warranties on used cars, but
these are usually limited and make exceptions for high mileage and inexpensive
cars.
***
Surrogate parenting is legal in most states. A few, such as New York, Michigan
and Florida, consider paid surrogacy the equivalent of selling babies and
have banned it.
***
Adopting parents may not rescind the adoption if an adopted child is found
to be ill, unless there was fraud or deception by the agency in hiding
the facts.
***
"Punishment brings wisdom; it is the healing art of wickedness." --Plato
***
Joint tenancy will allow property ownership to pass directly without probate
upon the death of one of the owners.
***
Child support will usually be increased when the income or salary of the
paying parent adjusts, either through pay raise or promotion.
***
A credit-rating agency must send out a copy of a credit report within 30
days of its' receipt of a request by the named individual.
***
The appropriation of someone else's likeness or name for purely commercial
purposes may constitute an invasion of privacy.
***
Aliens, regardless of their immigration status, are supposed to pay tax
on any taxable income earned in the U.S.
***
Living wills are recognized in every state, but each state has different
requirements.
***
"Necessity knows no law except to conquer." --Publilius Syrus, Roman writer,
first century B.C.
***
What is malpractice? When a doctor negligently fails to follow accepted
professional standards of care, and that substandard care causes harm to
the patient.
***
In most states today, either a husband or a wife can be required to pay
alimony, depending upon their circumstances. It is no longer just a husband's
legal obligation.
***
Before filing a lawsuit based on harassment at the workplace, a complainant
must pursue a remedy through either the state's antidiscrimination agency
or the Federal Equal Opportunity Employment Commission, which will issue
a "right to sue" letter once it has verified the case.
***
In order to qualify for court-appointed counsel, a defendant must be too
poor to hire his or her own, and the charges must carry a potential jail
term.
***
All states, except Utah, allow pet owners to request that any animals they
turn in to shelters not be sold or used for experimentation.
***
A vested pension is not lost when the employee quits the job, but payment
may be delayed until retirement age.
***
A child who gets legally married before the age of 18 is considered emancipated.
***
PARTITION, a court action to divide property, typically is used when there
is a dispute over joint property.
***
Picketers have the right to assemble in public to communicate their message
without the fear of unwarranted government interference.
***
The bankruptcy laws of many states exempt a personal residence from sale
to pay creditors.
***
When specific property left in a will to someone no longer exists at the
time of death, the beneficiary receives nothing, unless there are unusual
circumstances.
***
In general, grandparents do not have a legal right to visit their grandchildren
after the divorce of their child, the grandchild's parent.
***
"If you have a weak candidate and a weak platform, wrap yourself up in
the American flag and talk about the Constitution." --Matthew Quay, political
boss, 1886
***
In most states, you must be given 7 to 10 days' notice before telephone
or utility service can be turned off for nonpayment.
***
You cannot sue claiming that someone's gossip has damaged you unless such gossip resulted in the loss of a job, the denial of credit or a slanderous implication that you possessed a loathsome disease.
***
Under federal maritime law, it is legal to dock a floating casino at a state port facility. But gambling on the boat must still occur at least three miles from shore.
***
***
Except in the case of an emergency, a doctor must obtain the permission
of the patient before any course of treatment may be given.
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