EveryBody's Guide to the Law

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which the promoters were trying to send. The case involved the South Boston Allied War Veterans Council, an unincorporated association of individuals elected from various veterans’ groups. The council was authorized by the city of Boston to hold an annual St. Patrick’s Day- Evacuation Day Parade. The Gay, Lesbian, and Bisexual (GLIB) group was organized solely to march in the parade behind a banner simply stating “Irish American Gay, Lesbian and Bisexual Group of Boston.” The veterans council denied GLIB permission to march in the parade, because it would be conveying a message that the council did not wish to convey. GLIB contended that the ban on their presence in the parade violated, among other things, a state law prohibiting discrimination on the basis of sexual orientation in places of public accommodations. The case made its way to the United States Supreme Court, which ruled that Massachusetts law could not force the veterans council to accept a group to march in the parade, where the group’s message was one that the council did not wish to convey. The Supreme Court observed that GLIB wanted to make its message part of the parade, rather than an independent, separate message. The Supreme Court stated that, as a part of the first amendment right to speech, the speaker has the right to determine what is not said as well as what is said. HATE CRIMES AGAINST GLBTS Although crime in general has decreased in the past few years, hate crimes against gays, lesbians, bisexuals, and transgenders have increased dramatically. According to the FBI report “Crime in the United States in 2002,” crimes committed in 2002 dues to bias against the victim’s perceived sexual orientation represented almost 17 percent of reported hate crime incidents, the highest level in the 12 years since the FBI began collecting data on such reports. This was the third highest category of hate crimes reported to the FBI in 2002, following only hate crimes based on race and religious beliefs. Since the FBI first began gathering statistics on hate crimes based on sexual orientation, the number of such crimes tripled from 1991 to 1999 and continues to rise annually. Hate crimes based on sexual orientation accounted for 13.9 percent of all hate crimes in 2001, and it is believed that such crimes go widely unreported because of stigmatism and possible reprisal. Worth mentioning here is the federal Hate Crimes Sentencing Enhancement Act, which is part of the Violent Crime Control and Law Enforcement Act of 1994, which calls for a longer sentence if it is proved beyond a reasonable doubt that the crime was committed out of hate. On the average, these tougher sentences result in an enhanced sentence of one-third the time actually served. However, the Hate Crimes Sentencing Enhancement Act applies only to crimes committed on federal property. Gays, Lesbians, Bisexuals, and Transgenders 257
About half the states currently have laws making a crime based upon sexual orientation a hate crime, resulting in enhanced punishment of the offender. Most of the remaining states have hate crime laws, but do not explicitly include crimes based on sexual orientation among them. FOR FURTHER INFORMATION If you feel that your civil rights have been violated because you are or gay, lesbian, bisexual, or transgender, or are HIV-positive or have AIDS, you should contact the Lambda Legal Defense and Education Fund. Their national headquarters is at 120 Wall Street, Suite 1500, New York, NY 10005-3904; telephone: (212) 809-8585. They also have branch offices in Los Angeles, Chicago, Atlanta, and Dallas. They maintain an excellent website on the Internet, http://www.lambdalegal.org. They represent or file amicus curiae briefs on behalf of victims of sexual orientation or HIV or AIDS discrimination. Another place to look for further information on gay and lesbian issues is the Human Rights Campaign, which works for equal rights for gay men and lesbians. Their office is at 1640 Rhode Island Avenue NW, Washington, D.C., 20036-3276; telephone: (800) 777-4723. They also maintain an informative website at http://www.hrc.org. 258 Everybody’s Guide to the Law
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eVeRYBODY’S GuIDe TO THe Fully Up
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Disclaimer Introduction viii In Mem
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Laid Off ❉ COBRA Benefits ❉ Who
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INTRODUCTION wHEN MELVIN BELLI and
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ook in favor of plain English. And
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MELVIN BELLI 1907-1996 IN MEMORIAM
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ONE Marriage, Divorce, and the Fami
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Formal Procedures before Marrying B
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PREMARITAL AGREEMENTS A premarital
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ing made the same day it handed dow
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son deceived or coerced can ask for
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on children. Children would, for ex
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for support. All of these provision
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the best interests of only one part
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nothing at all to half of what the
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semantics, made necessary by the fa
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may award custody to the grandparen
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Are grandparents’ rights a thing
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engaged in sexual intercourse—eve
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In June 2000, the United States Sup
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Be aware that there is a greater, m
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has no right of custody to the chil
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others, the superior or district co
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Finding Out the Names of the Biolog
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oiling water over the child). Today
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Only a few states permit a child to
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However, some courts permit the par
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sort is difficult, to say the least
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such as creditors. For example, Mar
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Automobiles TWO nO SINGLE PRODUCT H
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sticker price—the sticker price o
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phone for a certain price to get yo
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to cancel the order and recover any
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important is the federal Magnuson-M
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where they would not qualify to pur
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the dealerships that sell new and
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state that the car has only 50,000
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Paying the Money and Transferring O
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AUTOMOBILE REPAIRS As the owner of
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4. Make sure that the shop is compe
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epair shop tow the car in or reimbu
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will want your insurance policy to
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additional $1,500 worth of damage.
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ger in the other car is seriously i
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ally applied only to injuries resul
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(dry or wet, slick with oil, etc.),
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a motorcyclist who was not wearing
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you weaving from side to side. The
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held liable if an employee gets dru
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other car and any witnesses who saw
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a: That’s possible. q: And it’s
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Estate Planning THREE eSTATE PLANNI
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Separate Property When title to any
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When There Is a Surviving Spouse It
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What Probate Is and How It Works AV
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the size of the estate, the circums
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combined gifts up to $22,000 to as
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so popular? Because they cost so mu
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most part completely private docume
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As has been mentioned, all property
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principal’s death or reasonable g
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Organ and Body Donations All fifty
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The original of my Last Will and Te
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tailored to your particular needs a
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in such instances, and that assiste
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chance on what will be done with yo
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accept this as a holographic will,
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and signed is of no consequence. It
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ment that the recipient be a bona f
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nothing bum who squanders all of hi
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lawyer can mean the difference of t
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to dispose of all property, whether
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Remember to talk it over with the p
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us to act as witnesses to it. [He/S
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Executor’s or Executrix’s hands
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ited to, the powers to invest and r
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kind, or entirely in cash. I furthe
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deceased had died without a will. T
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If you want to disinherit the child
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CODICIL I, MARY BAKER, hereby make
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ers. A court will set aside a gift
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Procedure for Contesting a Will It
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of their prescription drugs is not
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credit line? You may be able to get
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What about deducting from your taxe
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worry about, as Sue’s new basis o
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Subsidized Housing For elders who a
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Nursing Homes Nursing homes provide
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from a nonqualified policy. Qualifi
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The Elimination Period LTCI policie
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the maximum amount a single person
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Medicaid pays up to fourteen days t
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telephone: (800) 658-8898 website:
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gist treating an elderly patient wh
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months after buying the house that
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mission even if you sell the house
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ought the buyer to your house, and
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looks the property over and decides
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free from termite infestation, stru
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If the property is being sold by a
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ever, the price of your $225,000 ho
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Selling Your House and the Capital
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A coop is managed by the corporatio
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exclusive profit, you and you alone
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sections. Reading such a legal desc
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ing system. Assume, however, that y
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force” to remove the trespasser.
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Tom and Pam that they split the cos
Page 221 and 222: IF SOMEONE IS INJURED ON YOUR LAND
Page 223 and 224: MECHANIC’S LIENS Suppose you hire
Page 225 and 226: a prospective tenant. A landlord ca
Page 227 and 228: garage or outdoor parking space inc
Page 229 and 230: lease. You are now free of your obl
Page 231 and 232: Injuries to Tenants and Their Guest
Page 233 and 234: should notify you at least twenty-f
Page 235 and 236: Ceilings on rent increases usually
Page 237 and 238: say, one year—at the end of the y
Page 239 and 240: joining forces with the other tenan
Page 241 and 242: lord can also lawfully evict a tena
Page 243 and 244: For many tenants, good and inexpens
Page 245 and 246: own bedroom. The district attorney
Page 247 and 248: tous acts of self-definition.” Th
Page 249 and 250: county recorder. The statutes did n
Page 251 and 252: SAME-SEX CIVIL UNIONS IN VERMONT On
Page 253 and 254: (if the partners meet all the crite
Page 255 and 256: permit common law marriages to be m
Page 257 and 258: her “next of kin,” which is det
Page 259 and 260: the petitions brought. Iowa law has
Page 261 and 262: of the biological mother was the ch
Page 263 and 264: simply because of sexual orientatio
Page 265 and 266: ees or employers, but also denial o
Page 267 and 268: een discriminated against, as she h
Page 269 and 270: ANTI-GLBT LEGISLATION In the late 1
Page 271: embodied in the Scout oath and law,
Page 275 and 276: Now suppose that instead of buying
Page 277 and 278: demonstrate, many states now have l
Page 279 and 280: normally isn’t liable. But if the
Page 281 and 282: case, in addition to the vet’s bi
Page 283 and 284: CRUELTY TO ANIMALS We usually think
Page 286 and 287: Civil Wrongs: Torts TEN wHEN YOU AR
Page 288 and 289: SHOULD YOU SEE A LAWYER? When someo
Page 290 and 291: and caution that a reasonable perso
Page 292 and 293: correct the dangerous condition, pu
Page 294 and 295: conduct during the course of a game
Page 296 and 297: John must have had the “actual ab
Page 298 and 299: occur, for example, when someone gr
Page 300 and 301: look out the window and see somebod
Page 302 and 303: vacy in a public place as you do at
Page 304 and 305: There are two types of defamation:
Page 306 and 307: you were in actual physical danger
Page 308: tim’s noneconomic loss (pain and
Page 311 and 312: would employ in the same circumstan
Page 313 and 314: Diagnosing Your Condition DIAGNOSIS
Page 315 and 316: Suppose your doctor has been treati
Page 317 and 318: examination. In one case, a woman d
Page 319 and 320: But just as you have the right to e
Page 321 and 322: How the Malpractice “Crisis”Aff
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If an HMO doctor wants to send the
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assumed that you had ample opportun
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stronger metal to be used—one tha
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prompt steps to correct the problem
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with the Acme label (made by Fashio
Page 333 and 334:
already disposed of the product or
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If You Are Discriminated Against Be
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with the lewd remarks or conduct, y
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Who Is Entitled to Receive Benefits
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When Even Maximum Benefits Are Too
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course of his or her job when you w
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or no reason at all. Long duration
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WHO OWNS INVENTIONS OR COPYRIGHTS D
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itation. Another important factor:
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THE AMERICANS WITH DISABILITIES ACT
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essential functions of the position
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perform the range of manual tasks a
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merely a pretext for illegal discri
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If one accommodation would be an un
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ination cases, it is not necessary
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Courses and Examinations Title III
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It is unlawful to discriminate in a
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FIFTEEN Computers and the Internet
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The Internet is a decentralized, gl
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2. The domain name holder has no ri
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clogs up your e-mail. Spamming is a
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a company specializing in restoring
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Like the CDA, COPA also provided af
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e strong-armed by the federal or an
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fraudulent seller), you should chec
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SIXTEEN Social Security, Medicare,
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QUALIFYING FOR BENEFITS You are ent
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❉ military discharge papers if yo
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your ex-spouse must be eligible to
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is able to get some Medicaid assist
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written notice informing you of whe
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dren—under 18 (19 if they are ful
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you must notify the nearest U.S. em
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Part B is supported in part (one-th
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are automatically enrolled in Part
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people. Temporary residents of a pu
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States also have the option to prov
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Contracts SEVENTEEN mENTION OF THE
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enforced against the minor if he or
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since the full week hasn’t passed
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eration is giving you the sofa. Or
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only interested in protecting its o
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efuses to pay Ace the extra $1,000.
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likely rule that the liquidated dam
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How a Judge Interprets a Contract i
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of three things: (1) enforce the co
Page 426 and 427:
When you cancel an order, the mail-
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EIGHTEEN Consumer Credit, Debt Coll
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You are entitled to have alimony an
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Experian (formerly TRW) National Co
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($500) up front. Your net proceeds
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unless you pay the disputed amount.
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tect you from creditor harassment a
Page 440 and 441:
ars the collection agency from cont
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security for the loan); your busine
Page 444 and 445:
They also can be reached at their w
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cash, such as stocks and bonds? Nex
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up for the discharged debts. This
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Whether you can pay $100 a month (o
Page 452 and 453:
What Happens After You File for Ban
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NINETEEN Suing in Small Claims Cour
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Special rules apply if you are suin
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Louisiana $5,000 Maine $4,500 Maryl
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your lost wages for the time you we
Page 462 and 463:
Another factor to consider is the t
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cially on how clear the defendant
Page 466 and 467:
you’re not sure which county to s
Page 468 and 469:
original to the judge at trial. Att
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As the plaintiff, you present your
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or two. This is mainly to prevent a
Page 474 and 475:
the invoice and receipt for the wor
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ut I do have a witness who can supp
Page 478:
Suppose the defendant refuses your
Page 481 and 482:
YOUR RIGHT TO FREEDOM OF RELIGION T
Page 483 and 484:
Whether public school students can
Page 485 and 486:
voluntary or forced—should be all
Page 487 and 488:
eligious-affiliated colleges and un
Page 489 and 490:
Although the government can prevent
Page 491 and 492:
gun purchasers for criminal and oth
Page 493 and 494:
years, Kaiser’s workforce consist
Page 495 and 496:
Air Travel When you travel by air,
Page 497 and 498:
seats you were promised, although n
Page 499 and 500:
Since March 1, 1989, when the Unite
Page 501 and 502:
Your best copyright protection is t
Page 503 and 504:
erally can quote short passages fro
Page 505 and 506:
to name a few. Improvements to exis
Page 507 and 508:
YOUR RIGHT TO SUE THE GOVERNMENT FO
Page 509 and 510:
If you suspect that a government em
Page 511 and 512:
3. Bureau of Customs and Border Pro
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the country after your visa expires
Page 515 and 516:
The following is a list of the diff
Page 517 and 518:
details of the marriage and what yo
Page 519 and 520:
Termination of Conditional Permanen
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however, he or she must submit a dr
Page 523 and 524:
corporation or one of its subsidiar
Page 525 and 526:
Going through the labor certificati
Page 527 and 528:
❉ you committed a serious nonpoli
Page 529 and 530:
efugee may file for permanent resid
Page 531 and 532:
Temporary protected status is withd
Page 533 and 534:
GETTING YOUR CITIZENSHIP: THE HOLY
Page 535 and 536:
Mailing Address: P.O. Box 82521 Lin
Page 537 and 538:
❉ How many times has the Constitu
Page 539 and 540:
small claims court or traffic court
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a lawyer and the lawyer agrees to a
Page 543 and 544:
viewed and accident reports and med
Page 545 and 546:
grant a motion for summary judgment
Page 547 and 548:
statement. Or the defendant’s att
Page 549 and 550:
After the closing arguments, the ju
Page 552 and 553:
TWENTY-THREE Crimes and Criminal Ju
Page 554 and 555:
Solicitation You are guilty of soli
Page 556 and 557:
Larceny CRIMES OF THEFT Larceny (th
Page 558 and 559:
to destroy your reputation sometime
Page 560 and 561:
controlled substance, provides only
Page 562 and 563:
consenting to sexual intercourse be
Page 564 and 565:
charge to the lesser offense of man
Page 566 and 567:
Consent of the Victim Is an act tha
Page 568 and 569:
prevent it. Before using any type o
Page 570 and 571:
You Were Acting Under Threats or Co
Page 572 and 573:
and abusive government intrusion. T
Page 574 and 575:
Supreme Court ruled that if an offi
Page 576 and 577:
the right to go inside your garage
Page 578 and 579:
for speeding, gave him a verbal war
Page 580 and 581:
In fact, unless the police have the
Page 582 and 583:
What are the Miranda rights? In the
Page 584 and 585:
Arraignment At your arraignment, wh
Page 586 and 587:
ment,” or “bill of indictment,
Page 588 and 589:
where the case has not been so wide
Page 590 and 591:
of three previous assaults with a d
Page 592 and 593:
another man was given a similar sen
Page 594 and 595:
amendment did not prohibit the deat
Page 596 and 597:
the date the convicted defendant fi
Page 598 and 599:
een split among the courts. The fed
Page 600:
probation, the judge can terminate
Page 603 and 604:
WHEN DO YOU NEED A LAWYER? Do you n
Page 605 and 606:
instance—you may have to pay as m
Page 607 and 608:
YOUR INITIAL CONSULTATION WITH THE
Page 609 and 610:
deposition expenses, travel expense
Page 611 and 612:
members of the Bar.” But the only
Page 613 and 614:
income to provide you an income, bu
Page 615 and 616:
Contacting the State Bar Associatio
Page 617 and 618:
and the bank is a contract that req
Page 619 and 620:
Common Law The “common law” sys
Page 621 and 622:
death. Things would be much simpler
Page 623 and 624:
Court ordinarily accepts only cases
Page 625 and 626:
WHEN IT’S YOUR TURN TO BE A JUROR
Page 627 and 628:
case, leave, and immediately report
Page 629 and 630:
unfair tactics and force to get sus
Page 631 and 632:
ACKNOWLEDGMENTS I would first and f
Page 633 and 634:
618 alimony, 16-19 A.M. Best Compan
Page 635 and 636:
620 Bowers v. Hardwick, 230 Boy Sco
Page 637 and 638:
6222 condemnation, 205 conditional
Page 639 and 640:
624 D defendant damage, to a house,
Page 641 and 642:
626 elder law, 153-176 elder abuse,
Page 643 and 644:
628 fraud, 50, 274 in contracts, 38
Page 645 and 646:
630 Identity Theft Clearinghouse, 4
Page 647 and 648:
632 laws, xviii, 587-588 affect on
Page 649 and 650:
634 marriage, divorce, and other fa
Page 651 and 652:
636 noneconomic damages, 294 nonfor
Page 653 and 654:
638 price in new car purchases, 48-
Page 655 and 656:
640 reviewing your will, 145-147 bi
Page 657 and 658:
642 suing for injuries (continued)
Page 659 and 660:
644 warnings, lack of adequate, 300
Page 661 and 662:
ABOUT THE AUTHOR ALLEN P. WILKINSON
Page 663 and 664:
Credits Designed by Oksana Kushnir
Page 665:
About the Publisher Australia Harpe
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