Comments for Law Q&A

Comment on No Trespassing Order, Ontario by Kathy

Kathy — Tue, 16 Mar 2010 16:04:30 +0000

Can an employer serve you with a no-trespass order if there is no cause for the order due to not being on the property as the employee is on sick leave.

Comment on landlord and tenants pets by Retail_Security_Answers

Retail_Security_Answers — Tue, 16 Mar 2010 03:37:06 +0000

Yes he can

http://www.alltopicsforums.com/

Comment on No contact order by felicia henry

felicia henry — Mon, 15 Mar 2010 09:46:07 +0000

if you have a no contact order and both parties work at a government agency how is it bo honored

Comment on My soft sculpture was copied in another medium by chreesa38

chreesa38 — Fri, 12 Mar 2010 23:36:54 +0000

To bring a copyright infringement suit, your remedies are generally very limited unless your work is registered with the U.S. Copyright Office. First be sure that your dolls are in fact formally registered.

To prove that someone infringed on your copyright you must show actual copying of protected material that has led to substantial similarity between the infringing work and your copyrighted work. Generally, a new work is substantially similar to yours if the overall look and feel of the new work is the same as your copyrighted work.

However, under the Fair Use defense, sometimes people are permitted to use copyrighted material without the copyright owner’s permission. In determining whether the infringing work is fair use, there are several factors to consider:

* The purpose and character of the work – if the new work transforms the original work into something new, it is more likely to be considered fair use. On the other hand, if the work just copies the original work, it is less likely to be considered fair use.
* The nature of the copyrighted work – if the original work is very creative and original, it may be easier to prove infringement
* The amount and quality of the material used – if a substantial amount of material is taken from the copyrighted work, or if the material taken is very important to the copyrighted work, the fair use might not apply
* The effect on the market for the original work – copying is more likely to be fair use if it does not harm the market for the original work.

The uniqueness of your dolls, the extent of similarity between your dolls and the dolls in question, and the infringer’s admittance to having seen your dolls before, are probably evidence going in your favor. Whether or not crochet dolls are considered a fair transformation of the original sewn dolls is arguable, but your case seems to warrant at least a consultation with a copyright attorney. It is advisable to speak with a lawyer to see what relief you can get from this situation.

Sources:
http://www.legalmatch.com/law-library/article/copyright-infringement-lawyers.html
http://www.legalmatch.com/law-library/article/defenses-to-copyright-infringement.html

Comment on My soft sculpture was copied in another medium by chreesa38

chreesa38 — Fri, 12 Mar 2010 23:21:43 +0000

To prove that someone infringed on your copyright you must show actual copying of protected material that has led to substantial similarity between the infringing work and your copyrighted work.You can prove copying if there is direct or indirect evidence that someone took material from your work.

* Direct evidence is evidence showing that a person copied your work
* Indirect evidence is evidence showing that a person can be assumed to have copied your work because he had access to it and his work is similar enough to suggest copying

Comment on child support, child might not be mine by chreesa38

chreesa38 — Fri, 12 Mar 2010 23:03:10 +0000

If a person is named on the birth certificate as the father of a child, this creates a very strong presumption that he is, in fact, the father. Even if a DNA test shows that a man is not the biological father, he might still be held to be the legal father.

By itself, a voluntary acknowledgment of paternity does not conclusively establish issues like custody, visitation rights, and child support, but the acknowledgment is favorable in court proceedings on those issues. However, family issues like these are often highly contentious, and it would be best to have a lawyer argue on your behalf instead of relying on the paternity presumption alone.

Source:
http://www.legalmatch.com/law-library/article/voluntary-acknowledgement-of-paternity.html

Comment on child support, child might not be mine by Retail_Security_Answers

Retail_Security_Answers — Fri, 12 Mar 2010 21:08:27 +0000

Nothing has changed! Fact you “might” not be father means nothing. You are child’s legal father until court orders otherwise

http://www.alltopicsforums.com/

Comment on Underage Drinking – Ontario, Canada by Anonymous

Anonymous — Fri, 12 Mar 2010 17:22:47 +0000

if someone got a ticket and use your name how do u show it was not you

Comment on immigration issue by TLH

TLH — Thu, 11 Mar 2010 23:35:26 +0000

There are some basic requirements to becoming naturalized in the United States. These requirements include:

An ability to read, write, and speak English
A knowledge and understanding of U.S. history and government
A good moral character
An attachment to the ideals of the U.S. Constitution
A favorable disposition toward the U.S.
A continued residence or physical presence in the U.S. for a specified period.

At issue here may be whether your boyfriend is of good moral character. There is no clear definition of good moral character for the purpose of an immigration proceeding. Some actions that may be considered include:

Refusing to pay court-ordered child support
Failing to file or to pay income taxes
Neglecting to register for Selective Service (if you are required to do so)
Lying to the United States Citizenship and Immigration Services to attain immigration benefits
Driving drunk or habitual drunkenness
Engaging in illegal gambling as a means of earning primary income
Committing adultery

All arrests, convictions, and crimes should be disclosed. Failure to inform an immigration officer of such information could lead to the denial of your application.

Driving without a license and no insurance might not be grounds to deny citizenship, but it may be best to speak with an immigration attorney regarding the matter.

source:
http://www.legalmatch.com/law-library/article/naturalization-lawyers.html
http://www.legalmatch.com/law-library/article/good-moral-character.html

Comment on employment disclosure by Retail_Security_Answers

Retail_Security_Answers — Thu, 11 Mar 2010 17:58:26 +0000

A past employer may say anything truthful or he believes to be truthful. Thsi forum linked here has a labor law section you can get a better explanation at

http://www.alltopicsforums.com/

Comment on I co signed a year lease by Retail_Security_Answers

Retail_Security_Answers — Wed, 10 Mar 2010 17:17:17 +0000

Nothing really. Start looking for a replacment roomate. Keep in mind the new roomate must meet rental criteria and roomate approval. without it you ron the hook for rent for duration of lease. You can also try here as they have a rental law section

http://www.alltopicsforums.com/

Comment on Statutory Rape? Minnesota by Retail_Security_Answers

Retail_Security_Answers — Wed, 10 Mar 2010 17:15:13 +0000

Have you read your states laws on this subject? What is age of consent in your state? These are important issues. If age of consent is below 18 then yes there is a case, if not then it sunlikely there is one. This site has dealt with questions like your before try here as well

http://www.alltopicsforums.com/

Comment on Emergency meeting, Georgia HOA by Brian

Brian — Tue, 09 Mar 2010 15:01:38 +0000

You should check your bylaws. The procedural requirements for calling special meetings should be spelled out in that document. Many bylaws will even allow something like this to be done outside of a meeting, provided certain requirements are met, e.g. that it be in writing, signed by a majority of the directors, and be read into the minutes at the next regular meeting. It may seem like an emergency, but it’s usually a very simple matter to elect a new officer to fill a vacancy.

Comment on Defamation of Character, In a recent family abduction in Florida of a disabled adult .. by Wendy hull

Wendy hull — Mon, 08 Mar 2010 20:58:18 +0000

Please contact me this is not going through without comment.

Comment on Defamation of Character, In a recent family abduction in Florida of a disabled adult .. by Wendy hull

Wendy hull — Mon, 08 Mar 2010 20:54:46 +0000

My family has been fired by a clinic and myself including my family has been in severe crisis unable to receive proper treatment including my son being admitted to hospital. I had quotes such as “Wendy has “unfounded fears of tickborne illnesses and bordering on munchauesens”. They took a test and indeed my son did have lyme disease along with heart irregularities. They refused to treat him during our 30 day grace period. I have been refused treatment by numerous doctors, I has chest pain and ended with a lung collapse. I went to a hospital for seizure monitoring for 6 days was initially told not to drive and dismissed with no restrictions. I have had 3 abnormal EEG’s which have also been dismissed with left temperal lobe deficeits. My son turned to drugs and has had numerous phychiatric treatment, my second son is now going to be a father for the second time (he’s 18) with the county involved with abusive behavior of my first grandchild. The psychiatric testing was confirmed as organic cognitive disorder and then changed. My family physicians have not contacted the doctors though they did send letters stating “Wendys physical condition is contributing to her mental anxiety and stress.” Also they confirmed no malingering nor factious disorder. It has been since My lung surgery since my pneumothorax, June of 07, and a chest tube placed since I have been physically and now mentally unable to work. My husband has left, my care has lead us to go out of network, and at one point in 1 year had 40,000 dollars claimed in medical expenses. I have kept all records, including records of discharge by atleast 4 doctors. I have confirmation of all abnormalities with no follow-up and witnesses to being escorted out of a hospital while having spinal meningitis. We lost our home we buildt, our very functional family for 15 years of my marriage and I have nurses, friends, and family letters to confirm my critical health status at this point which if not treated, I hope that a wrongful death suite be filed. I have written a power of attorney form, which my psychologist recommended so that I could get a diagnosis from a medical college. I have not gotten this legalized by an attorney. My body upon my death is going to Boston. My phychologist also confirmed and said to me “Wendy you are unable to receive proper treatment in the state of Wi. Needing medical attorney to pursue a defamation of character law suite also damaging my family marriage, finaces and mostly health. Many HIPPA laws broken, I have record of this and many nursing and medical staff witnesses. Please respond if you can help with this unjust medical trauma to my life and family disruption. Sincerely Wendy Hull

Comment on Libel, court file by violet petran

violet petran — Mon, 08 Mar 2010 20:38:53 +0000

Because this case did not go forward I dont feel like this should be a problem with you and it will be shown that the case was settled (rather than you lost which I am assuming is your concern). Perhaps, you can convince him to drop the case as well, in which case there will not be a paper trail of the accusations.

Comment on Is this considered adultery? by violet petran

violet petran — Mon, 08 Mar 2010 20:36:24 +0000

Although that sounds like a form of “emotional adultery” those states that prosecute adultery or use it in a “fault divorce” (which I am not sure if that is what your husband wants) define adultery as sexual intercourse by a married person with another person other than his/her spouse. Some states require that in addition to having sexual relations, the two must also be living together to be guilty of adultery.

http://www.legalmatch.com/law-library/article/adultery-lawyers.html

Comment on Law, Illinois by Anonymous

Anonymous — Mon, 08 Mar 2010 20:01:52 +0000

Where is the answer located to my question that was asked on 3-5-10?

Comment on Pregnant and losing job!! :( by Retail_Security_Answers

Retail_Security_Answers — Mon, 08 Mar 2010 14:41:55 +0000

Based on your post no. However your post is rather vague in some areas. Here is a forum with a labor law section try there as well

http://www.alltopicsforums.com/

Comment on Is this considered adultery? by Retail_Security_Answers

Retail_Security_Answers — Sun, 07 Mar 2010 20:09:30 +0000

Not sure if it really matters as many states are no fault divorce states now. If there are adultry laws they would be state specfic

http://www.alltopicsforums.com/