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  1. Replies

    Perjury: Re: How to Prove a Perjury Charge

    The Supreme Court has laid out the elements for the federal crime of perjury under 18 U.S.C. 1621 as follows:

    The essential elements of the crime of perjury as defined in 18 U.S.C. s 1621, 18...
  2. Pretrial Procedure: Re: New York Criminal Proceedure How Do I Get Discovery: Violation Ticket

    You should see a NY criminal defense attorney to ask about that. NY has significantly revised its discovery rules to be much more favorable to defendants, but those changes do not take effect until...
  3. Legal Malpractice: Re: Co-Op, Capper Volstead Act, and Possible Sec Violations

    That is the same argument. You are arguing that becoming a member of the co-op means that the co-ops lawyer is your lawyer. And that is simply not the case. That argument is no different from arguing...
  4. Legal Malpractice: Re: Co-Op, Capper Volstead Act, and Possible Sec Violations

    No. You are making the argument that because you were investing in the co-op that the attorney for the co-op then becomes your attorney. That's not a good argument. If you buy stock of Google, Apple,...
  5. Compensation and Overtime: Re: Paystubs After Getting Fired and Locked from Company Email

    California Labor Code section 226 requires the employer to provide paystubs to the employee when the pay is made, which the employer apparently did by e-mail. It was up to her to print them, forward...
  6. Replies

    Re: Bartender Liability (Ohio)

    There are other ways to prove it. If the state's agents observed the server continuing to serve alcohol to a patron after the state agent saw the server notice the patron pass off those same drinks...
  7. Replies

    Re: Bartender Liability (Ohio)

    If the state could prove she knew the customer she was serving the drinks was supplying the drinks to underage persons then she could have a problem.
  8. Legal Fees: Re: Negotiating Contingency Fees Without Being a Jerk

    Not exactly. While I don't know the exact statutes under which you would litigate the claims, where a claim for attorney's fees may be made it is YOU that gets to claim the recovery of reasonable...
  9. Re: Facebook Suspension Due to Changing Phone Number

    Clearly in 1964, before the internet, Congress didn't have any reason to consider the virtual world. The ADA was passed in 1990. While the internet existed, it had not yet broken out to be a major...
  10. Re: Facebook Suspension Due to Changing Phone Number

    As a point of clarification, the EEOC has nothing to do with Facebook's relationship with users. The EEOC only enforces the federal laws relating to illegal discrimination against employees by their...
  11. Online Services: Re: Facebook Suspension Due to Changing Phone Number

    FB is a free platform the use of which is governed by the FB terms of service (TOS). I think you'll find when you read the TOS that FB has limited its liability to you for such things and that FB has...
  12. Re: How to Keep Copies of Important Emails

    Lots of ways to do it. Some e-mail programs like the one I use allow you to archive e-mail that you want to keep so it's not in your active in boxes, but still accessible if you need them. In any...
  13. Replies

    Libel: Re: Libel Not Made Public

    That may be true if, as is common, the settlement agreement states that it resolves all disputes that exist between the parties. But don't assume that's the case. You always have to read the...
  14. Replies

    Re: Reasonable Accommodation

    Except that this is, to use the OP's words, a "county entity". That suggests a county government agency, not a private company. In that case the pay is probably determined by set pay grades. So while...
  15. Federal Taxes: Re: How to Claim Roommate Income on Taxes

    At least the last three years. The statute of limitations for the IRS to assess additional tax on your return is generally 3 years from the later of (1) the due date of the return (including any...
  16. Replies

    Re: Reasonable Accommodation

    In what state do you work? That matters because some states have their own laws regarding discrimination against disabled employees.

    Understand that under the Americans with Disabilities Act...
  17. Entry of Judgments: Re: Can Magistrate Judge Decide Grant or Dismiss a Motion

    The answer is yes, unless it is a matter in which the rules would require a hearing. A lot of dispositive recommendations/rulings can be made without the need for a hearing. For example, if the...
  18. Copyright Law: Re: Copyright Live Comment of a Tv Journalist

    Yes, they would. The copyright applies to the recording of the newscast. It doesn't have to be a script that is written down to be protected by copyright. You really need to meet with an intellectual...
  19. Re: Is It Legal for an Employer to Search Your Purse Before Leaving the Workplace

    It would help if you provided information about the employer (is it a private company or government agency), what its policy is, why the company has the policy, and how the company does the searches....
  20. Replies

    Collection Lawsuits: Re: Debt and Liens

    You ought to see a tax professional to ensure that you truly do owe tax for the discharged debt. While discharged debt is taxable income, it may be excluded from income to the extent that you and...
  21. Consumer Law Issues: Re: Consumer Product I Wish to Make with Blue Lotus Petals

    I strongly recommend you consult an attorney in your state on that. The answer is not a simple one since federal, state, and local laws may all regulate what may be included in cigarettes sold in...
  22. Trusts: Re: Moved from Connecticut to New York State

    In general, the answer is yes. But the devil is in the details. Even if valid, there is the possibility that differences in the laws between the two states would mean that it would benefit you to...
  23. Re: Defamation in a Medical Malpractice Claim

    But the child does not have any defamation claim here. It would only be a medical malpractice claim that the child could bring.
  24. Re: Pros and Cons of Selling a House in Probate

    That of course applies to the home whether sold by the estate or sold by the beneficiaries after the home has been distributed them. But as you know, the step up makes the basis in the property equal...
  25. Re: Pros and Cons of Selling a House in Probate

    That's not quite correct. Assuming that the estate sells the house it will report the gain or loss on the estate tax return. But assuming that the estate distributes sufficient income to the...
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