Recent content by jayh991

  1. jayh991

    Interior Design Contract Indemnity Clause

    The clause appears pretty standard. However, there are a few parts that concern me. First, the wording states that you are indemnifying "all claims" which is a bit extreme. I would recommend modifying that to "reasonable claims". This will give you more standing if there is an outrageous...
  2. jayh991

    Shoplifting, Larceny, Robbery, Theft friend caught stealing

    She will likely not be charges. The civil demand letter is the store's way of recovering the cost of loss prevention without going to court. If you pay the amount it will likely be the end of it. Your friend should also expect a letter barring them from the store. You are not required to pay...
  3. jayh991

    Child Abuse, Molestation, Porn Just a question

    The young girl was raped...not statutory rape, but aggravated sexual assault which is the most serious form of rape under NJ statutes. The child was under 13 years old and simply cannot give legal consent (even if she'd wanted to participate). The penalty is 10-20 years in prison.
  4. jayh991

    Driveway easement after long time use

    You need to speak with a local real estate attorney familiar with adverse possession and easements by prescription. An adverse possession claim (if successful) will allow you to gain real title over the 26.4" which you use if it has been done if the possession is actual, continuous, exclusive...
  5. jayh991

    Breach of contract

    It sounds like the dealership may have screwed you over. However, you failed to protect yourself and they are most likely going to get away with it. Dealerships work scams like this with the hope that you fail to ask for any paperwork to substantiate your claims, which is exactly what happened...
  6. jayh991

    Minors rights

    The police can question you without a parent present if you are not in custody. If you are in custody, there is no Constitutional guarantee to have your parents present. The police must advise you of your Miranda rights. The Supreme Court has determined that police must look at the totality...
  7. jayh991

    Questionable Deposit Practices?

    It sounds like the company has not followed NC law for proper security deposit procedures. According to G.S. 42-50 thru 56, the landlord has 30 days to return the deposit or notify the tenant of the delay. If delayed the landlord has no more than 60 days to return the deposit. The deposit...
  8. jayh991

    Shoplifting, Larceny, Robbery, Theft Arrested for Grand Theft

    Generally, materials left on a property after closing revert to the new owner unless there is something specified which details how the material should be handled. Who is the deeded owner to the property? Is there a bill of sale showing you purchased the property?
  9. jayh991

    Roommate Abandonment of Dog and things

    Drop the dog off at the local shelter, it's not your problem. Even though the roommate is not on the lease, you may have created a sub-lease with him by accepting rent money from him. What exactly were the terms you two agreed to?
  10. jayh991

    Wrongfully terminated

    Federal law does not require employers providing meal breaks or rest breaks. Nevada state law requires both. A thirty minute meal break is required if the employee works or is scheduled to work 8 continuous hours. A ten minute break is required for every four hours worked. There is no...
  11. jayh991

    am I in big trouble

    Are you in trouble? Yes. You have a few options here and none of them are great. First, you can sit and hope that the bank doesn't bother with the headache and eats the cost chalking it up to ID theft. Second, you can call the bank back and explain they were proper charges and you didn't...
  12. jayh991

    Roommate problem

    Even if she claims you told her to leave, as long as her rent was paid up through the end of the month then she was under to legal compunction to leave. Telling someone to get out is certainly not going to meet the legal definition of an eviction, nor is it going to appear to a reasonable...
  13. jayh991

    Copyright What type of rights are needed to open a Theme Park based on an Anime series?

    The Japanese are notoriously difficult to work with when discussing copyright and trademark. The Japanese are very protective of their work product and I highly doubt you would receive any permission to use the characters without heavy Japanese partnership. Nintendo was so difficult to deal...
  14. jayh991

    Insurance benefits

    As already mentioned multiple times, it's not illegal nor discrimination in any way. In fact, if you really want to go down that road you should crunch the numbers. You would find out that you are probably the one making more money. With group health insurance plans like most employers use...
  15. jayh991

    Facebook page removed and Likes transferred without consent

    Facebook states that no one can operate a page for a public figure except an authorized rep for that figure. You are allowed to run a fan page supporting the public figure, but Facebook states that it cannot mislead anyone into thinking it is endorsed by, representative of, or otherwise...
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