Articles on Procedures
Can You Please Give Me an Explanation of the M’Naghten Rules (Pronounced “McNaughton Rules”)
I had just watched the pbs program on “A Crime of Insanity” which talked about the Ralph Tortorici case. I got on the information section of the page and it mentioned the M’Naghten rules. From the site, the rules include things like Defect of Reason, Disease of the Mind, Delusions etc.. But they all seem very very similar to me, so I’m wondering how you would apply the rules to a case - for example the Tortorici case.
If I have receipts for land that say “paid in full” can court order seller to turn over deeds to buyer? Originally my husband and I entered in to verbal agreement to purchase 10 lots from this individual, we have paid for 5 lots in full and paid last years taxes on all 10 lots have receipt stating so signed by the seller. There is no written contract stating a specific date by which all ten lots had to be paid for. Wouldn’t these events look suspicious enough to any judge and the out come be in my favor if in fact I have to go through legal system to obtain deeds for property I have paid for & be allowed to purchase the remaining lots?
My parent left a house to his 4 children - one wants to buy- can he give us the cash or have to go through the “process of buying a house”? We are in S.C.
In NY, with a NYC child support order, how do I get the child support terminated when my daughter lives with me now, the non-custodial parent?
I need to supoena the video tape from a state trooper’s patrol car during the time I was ticketed. The alleged Infractions were in a construction zone so the patrol car’s lights were constantly on which is the trigger for the video to begin recording. I’m totally lost as to how to get this video.
I just spoken with DCFS Admininistrator Office about my child name keep showing up in the computer as being with an agency. However, my child has never been with an agency. I mention to the Administrator Staff that the case was closed a year ago. My question is? What court forms do I need to present to the Judge to show that DCFS did not close the case as she instructed?
“in october of 07, my husband was sued for rental of farm equipment, that never worked. in nov of 07 we went to the district judge, after all is said and done, we won the judgement against the plaintiff as there was no contract. today, jan of 08, 4 months later, i get a new judgement, from the judges clerk, she made a “mistake”.
The owner was very condescending and argumentative, my son laid out what he knew to be facts. The owner then said “Well I don’t care if you buy a trailer or not.” At that point, my son lost his tempor, stood up and threw the chair he was sitting on down on the ground. Nothing or anyone was hit; it was dramatic though. At that time the owner came around the desk and proceeded to hit my son about the head and face. His co-worker who had also been present and I tried to pull them apart; at this time both the owner and my son were hitting each other. My questions are all related to the levels of crimes involved. One, my son throwing the chair, nothing was broken, no one was anywhere near the direction of the throw, what is this crime called and what would the charge be? Two, the owner attacking my son, he has one 2″ laceration in his scalp and knots around his eyes. Is there a legal defense for the owner’s actions? Three, should we talk to the police? if no charges were pressed?
My son found a summons addressed to me from a law firm suing me for a past due amount on a credit card. The summons was taped to the front outside door of where I live in New York city. It was taped there and any stranger passing by could read it. Is this legal?
Can I drop the charges against my boyfriend for assault and get him out of jail? He lost his job and risks losing his car and everything. He was served a protective order for 72 hours for a “cooling off period” and he violated this by coming back to get clothes. Who can I contact to get him out, so we can seek some professional help, like anger management?
Can I drop my divorce attorney and represent myself? I’m not happy with the service I am receiving from her and I feel that she is charging for extra work that does not have to be done.
What are the legal implications of taking care of a 9 year old girl while her mother battles cancer? I am the girl’s teacher and her mother has written a letter saying she trusts me to watch her daughter until she is well enough to take care of her again. This way her daughter will not miss school and does not have to leave the state to go with her relatives during this time. Should I get the letter notarized?
Is my son, or we his parents, at legal risk for an accusation of sexual molestation which supposedly happened 20 years ago when he was twelve years old?
I have a business where I provide passenger gifts for people who are going on cruise ships. Today one of the cruiselines decided to not allow any of our gift packages on board that contain alcohol. They have accepted our gifts for 17 years & accept a $5 per item receiving fee. At no point prior have they refused any gift & have cashed our checks for the fees. This action will put us out of business, I have already had to refund thousands of dollars to customers & have thousands more that will need to be refunded. Is this legal? Do I have any recourse?
I am getting ready to file a civil lawsuit against another person. I have been trying to find the proper forms- I have tried the court house- legal forms on line etc. Evidently the forms and wording is very important and I want to do everything correctly-any help out there.
I am a psychotherapist with a private practice. I recently started treating a minor who is presently in the custody of the Dept. of Social Services (DSS). The therapy was “court-ordered” and the supervising case worker in charge was given my name by a colleague. DSS hired me to work with the minor. They informed me that I would be paid partly by the biological parents’ insurance and the remainder by the parents. However, DSS did sign a general contract I use in my practice, which does stipulate responsibility of payment. The biological parents’ lawyer advised the parents not to agree to payment, as the therapy was court ordered and DSS was the legal guardian. Two months have passed and DSS is now telling me that they cannot pay me. What are my options and how do you recommend I proceed?
My husband abandoned me in February 2006. He inherited a huge amount of money from his father’s passing in January 2006 of which I know I am not entitled to nor have I ever asked him for any of that money. Is there or do you know of an attorney that does pro bono work? My soon to be ex-husband has financially ruined me while he is living a lavish lifestyle and I need to be legally represented.
An item was stolen out of my vehicle in a parking garage in New York City. I contacted the garage and asked to see their surveillance video, but was denied of this request. Do I have the right to see this video? What are my options in pursuing the matter?
Recently, my home was robbed. The police agree that it was an inside job. However, they are being overly cautious confronting this individual because, they claim, that she has rights, even though she is an illegal. My question is: Do I have the right to report her to the INS and do I have the right to report the agency to the INS so that they will prevent the agency from further hiring illegals?
I recently broke up with my girlfriend, and I have been emailing her a few times over the last week. My question is, if i stop calling her…which i have…but if i send her an email from time to time, which are again friendly and nonthreatening, is this grounds for me to get into trouble? Would I have to be notified if a restraining order was indeed placed against me? Also, could she file a restraining order against me for friendly emails?
I own a retail store and want to start a discount/loyalty program. Can I use a customer’s driver’s license as the discount card that I scan with my cash register each time they purchase?
I live in Ohio and a few years ago I went to court for child support when the child turned nine years old and I asked the judge for paternity test, I was denied because the judge did not want to basturize the child. Is the judge allowed to deny paternity because of basturizing a child?
I’m being told that once I hire an attorney to represent me, I give up my right to access to information regarding my case, unless he disseminates the information to me, or gives his permission for me to have access to the information. Is this true?
I am receiving an Interim Distribution Payment for a lawsuit and the letter talks about the payment being 40% of the total payment. The figures that they have given me are labeled as the Interim payment. Does that mean that I will be receiving 40% of that amount minus lawyer fees or is that the amount that I will be receiving now
About a year and a half ago, my daughter’s ex-in-laws hired a lawyer to pursue gaining custody of their Other Son’s children which were born out of wedlock. This lawyer was a neighbor of this family and attended their church, etc. Now this lawyer is a judge and he was assigned to the custody case of my daughter and her ex- husband (who this now-judge knows the family well, etc.) Without doling out the whole messy story - isn’t there a conflict of interest here regarding this judge? Shouldn’t my daughter have been allowed to have a different judge?
In a civil suite what does it means when the defendent files a motion for leave to exceed the interregatory limit pursuant to civ r. 33a?
My attorney advised me to drop my sexual harrassment case because I had lied about why I did not go to work before I was let go. So I dropped the case, but I think that was wrong. Now I want to re-open the case. Can I re-open it, and will another attorney be willing to take the case?
How does one go about serving a notice of divorce by publication of a newspaper ad? Does one need to do this if the other party has already been served, but the court found errors in the paperwork?
Is it legal for the same judge to sit on two different cases for the same person?
Under the legal concept of “discovery”, once a case is open, investigation can be done.
It’s easy to prepare a home inventory for your will, for peace of mind, or for your insurance company. Not only is it easy to create a home inventory, but it’s a very good idea.
When the statute of limitations has run on collection of child support, there is little that you can do.
Answering machine messages left on an answering machine may be admissible in court; laws vary from state to state.
If you don’t show up for a hearing, the other side may get everything they ask for, the court may order default judgements, and it may be very difficult, if not impossible, to undo.
Most states require that in performing a service of process, the person serving a legal notice be a) over 18, and b) not a party to the action themselves, but most do not require that service of process be performed by an attorney.
