Description:
All aspects of law. (Moderated)
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Original Juristiction -- always District court...
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If Uncle Sam takes Joe to court on a civil matter; will that always be federal court, or if small enough damages, could it be state? Specifically, the Park Service holds deed restictions on land adjacent to to NPS land. If the landowner breaks same, there may be a {say} $500 fine. So where does the legal case start?... more »
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Put that bottle in a bag!
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Much less important than the previous question. :) IIRC, drinking liquor outdoors in public, or doing so visibly, was against the law in most jurisdictions, and so people put their half-pint in a brown paper bag so that it wasn't clear what they were drinking, and either they were no longer violating any law, or it was... more »
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Is finding assets a scam?
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My mother died some time ago, and recently someone called me and said he had found an asset in her name. He wanted to know if I knew of assets I hadn't collected yet, and if I told him what they were, he would tell me if the asset he had found was one of them. If it wasn't something I was aware of, he wanted to tell me what it... more »
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When does Calif law req Dr to breach confidentiality?
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When does Calif law require doctors to violate patient-doctor confidentiality? For example, as I recall (correctly?), doctors must report (to the DMV?) instances when a patient has fainted (while operating a motor vehicle?). Even if that's correct, I'm not sure if that applies only to a doctor treating the condition at the time (i.e. at... more »
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Stop Me Before I Legislate Again
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Watching the debate over health care and the partisan posturing and scorched-earth tactics a question occurred to me: Would it be constitutional for the Congress to pass a bill, and the president to sign same, which prevented any future Congress from altering or overturning that law for a set period? Say, the a... more »
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Liability of Insurance company?
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[link] You have to read the blog article and then the complaint. Note: Aflac didn't deny the claim, and there are gaps in the complaint. Considering that within a week of the insurance policy being written... more »
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Question about Probate in Florida
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I recently lost a close relative who was under a guardianship in South Florida. The will was filed, and I am the only heir. The Guardianship told me that I have to "open an estate" so that the assets can be transferred into it from the guardianship. Otherwise the guardianship will continue to charge "their expenses" to it.... more »
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Jurisdiction
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Hypothetical question: An individual has a medical provider bill his health insurance company for a service to another person, but under his name. I assume this is insurance fraud, the question is, if the insurance provider is in another state, where has the fraud occurred, and which state has jurisdiction over the crime?... more »
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Humor: exchanges at trial
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I don't know if they're actually real, but they're certainly funny... [do trial lawyers *really* occasionally do stuff like this?] /b\ These are from a book called Disorder in the American Courts, and are things people actually said in court, word for word, taken down and now published by court reporters that had the torment of staying calm while... more »
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