EveryBody's Guide to the Law

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Disclaimer This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional services. Federal and state laws and regulations are changing constantly, and no single book can address all the legal situations the reader may encounter. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. This product is not a substitute for legal advice.
Disclaimer Introduction viii In Memoriam xii CONTENTS ONE: Marriage, Divorce, and the Family 1 Getting Married ❉ Premarital Agreements ❉ Annulments ❉ Separation ❉ Divorce ❉ Dividing the Property ❉ Alimony ❉ Child Custody, Visitation, and Support ❉ Legitimacy and Paternity ❉ Abortion ❉ Artificial Insemination, Egg Donors, and Surrogate Mothers ❉ Adoptions ❉ Lawsuits Involving Family Members ❉ Living Together ❉ Changing Your Name TWO: Automobiles 47 Buying a New Car ❉ Ordering a New Car ❉ New Car Warranties ❉ If Your Dream Car Turns Out To Be a “Lemon” ❉ Leasing a Vehicle ❉ Buying and Selling Used Cars ❉ Title to the Car ❉ Automobile Repairs ❉ Automobile Insurance ❉ How Your Insurance Rates Are Determined ❉ Automobile Accidents ❉ Driving Under the Influence ❉ Fighting Traffic Tickets ❉ Responsibilities of Pay Parking Lot Operators THREE: Estate Planning 91 Determining the Size of Your Estate ❉ What Happens If You Don’t Plan ❉ Avoiding Probate ❉ Life Insurance ❉ Retirement Plans ❉ Revocable Living Trusts ❉ Death and Taxes ❉ The Unlimited Marital Deduction ❉ Planning for Incapacity ❉ Organ Donations and Funeral Instructions ❉ The Dangers of Do-It-Yourself Estate Planning ❉ Mercy Killings—Euthanasia FOUR: Wills 119 Why You Need a Will ❉ Types of Wills ❉ Nuncupative (Oral) Wills ❉ What You Should Know About Wills ❉ Restrictions on Gifts ❉ Providing for Your Minor Children ❉ Disinheriting Someone ❉ Appointing an Executor or Executrix ❉ How to Write Your Own Will ❉ The Signing and Witnessing of Your Will ❉ Safekeeping, Reviewing, and Changing Your Will ❉ Why and How Wills Are Challenged iii
Page 3: eVeRYBODY’S GuIDe TO THe Fully Up
Page 7 and 8: Laid Off ❉ COBRA Benefits ❉ Who
Page 10 and 11: INTRODUCTION wHEN MELVIN BELLI and
Page 12 and 13: ook in favor of plain English. And
Page 14 and 15: MELVIN BELLI 1907-1996 IN MEMORIAM
Page 16 and 17: ONE Marriage, Divorce, and the Fami
Page 18 and 19: Formal Procedures before Marrying B
Page 20 and 21: PREMARITAL AGREEMENTS A premarital
Page 22 and 23: ing made the same day it handed dow
Page 24 and 25: son deceived or coerced can ask for
Page 26 and 27: on children. Children would, for ex
Page 28 and 29: for support. All of these provision
Page 30 and 31: the best interests of only one part
Page 32 and 33: nothing at all to half of what the
Page 34 and 35: semantics, made necessary by the fa
Page 36 and 37: may award custody to the grandparen
Page 38 and 39: Are grandparents’ rights a thing
Page 40 and 41: engaged in sexual intercourse—eve
Page 42 and 43: In June 2000, the United States Sup
Page 44 and 45: Be aware that there is a greater, m
Page 46 and 47: has no right of custody to the chil
Page 48 and 49: others, the superior or district co
Page 50 and 51: Finding Out the Names of the Biolog
Page 52 and 53: oiling water over the child). Today
Page 54 and 55:
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
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IF SOMEONE IS INJURED ON YOUR LAND
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MECHANIC’S LIENS Suppose you hire
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a prospective tenant. A landlord ca
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garage or outdoor parking space inc
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lease. You are now free of your obl
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Injuries to Tenants and Their Guest
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should notify you at least twenty-f
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Ceilings on rent increases usually
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say, one year—at the end of the y
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joining forces with the other tenan
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lord can also lawfully evict a tena
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For many tenants, good and inexpens
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own bedroom. The district attorney
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tous acts of self-definition.” Th
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county recorder. The statutes did n
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SAME-SEX CIVIL UNIONS IN VERMONT On
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(if the partners meet all the crite
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permit common law marriages to be m
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her “next of kin,” which is det
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the petitions brought. Iowa law has
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of the biological mother was the ch
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simply because of sexual orientatio
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ees or employers, but also denial o
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een discriminated against, as she h
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ANTI-GLBT LEGISLATION In the late 1
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embodied in the Scout oath and law,
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About half the states currently hav
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Now suppose that instead of buying
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demonstrate, many states now have l
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normally isn’t liable. But if the
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case, in addition to the vet’s bi
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CRUELTY TO ANIMALS We usually think
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Civil Wrongs: Torts TEN wHEN YOU AR
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SHOULD YOU SEE A LAWYER? When someo
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and caution that a reasonable perso
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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
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occur, for example, when someone gr
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look out the window and see somebod
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vacy in a public place as you do at
Page 304 and 305:
There are two types of defamation:
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you were in actual physical danger
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tim’s noneconomic loss (pain and
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would employ in the same circumstan
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Diagnosing Your Condition DIAGNOSIS
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Suppose your doctor has been treati
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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
Page 329 and 330:
prompt steps to correct the problem
Page 331 and 332:
with the Acme label (made by Fashio
Page 333 and 334:
already disposed of the product or
Page 335 and 336:
If You Are Discriminated Against Be
Page 337 and 338:
with the lewd remarks or conduct, y
Page 339 and 340:
Who Is Entitled to Receive Benefits
Page 341 and 342:
When Even Maximum Benefits Are Too
Page 343 and 344:
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
Page 378 and 379:
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
Page 390 and 391:
your ex-spouse must be eligible to
Page 392 and 393:
is able to get some Medicaid assist
Page 394 and 395:
written notice informing you of whe
Page 396 and 397:
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
Page 406 and 407:
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
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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
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ars the collection agency from cont
Page 442 and 443:
security for the loan); your busine
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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
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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
Page 464 and 465:
cially on how clear the defendant
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you’re not sure which county to s
Page 468 and 469:
original to the judge at trial. Att
Page 470 and 471:
As the plaintiff, you present your
Page 472 and 473:
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
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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
Page 513 and 514:
the country after your visa expires
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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
Page 521 and 522:
however, he or she must submit a dr
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corporation or one of its subsidiar
Page 525 and 526:
Going through the labor certificati
Page 527 and 528:
❉ you committed a serious nonpoli
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efugee may file for permanent resid
Page 531 and 532:
Temporary protected status is withd
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GETTING YOUR CITIZENSHIP: THE HOLY
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Mailing Address: P.O. Box 82521 Lin
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❉ How many times has the Constitu
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small claims court or traffic court
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a lawyer and the lawyer agrees to a
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viewed and accident reports and med
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grant a motion for summary judgment
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statement. Or the defendant’s att
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After the closing arguments, the ju
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TWENTY-THREE Crimes and Criminal Ju
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Solicitation You are guilty of soli
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Larceny CRIMES OF THEFT Larceny (th
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to destroy your reputation sometime
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controlled substance, provides only
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consenting to sexual intercourse be
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charge to the lesser offense of man
Page 566 and 567:
Consent of the Victim Is an act tha
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prevent it. Before using any type o
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You Were Acting Under Threats or Co
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and abusive government intrusion. T
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Supreme Court ruled that if an offi
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the right to go inside your garage
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for speeding, gave him a verbal war
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In fact, unless the police have the
Page 582 and 583:
What are the Miranda rights? In the
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Arraignment At your arraignment, wh
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ment,” or “bill of indictment,
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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
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amendment did not prohibit the deat
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the date the convicted defendant fi
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een split among the courts. The fed
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probation, the judge can terminate
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WHEN DO YOU NEED A LAWYER? Do you n
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instance—you may have to pay as m
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YOUR INITIAL CONSULTATION WITH THE
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deposition expenses, travel expense
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members of the Bar.” But the only
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income to provide you an income, bu
Page 615 and 616:
Contacting the State Bar Associatio
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and the bank is a contract that req
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Common Law The “common law” sys
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death. Things would be much simpler
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Court ordinarily accepts only cases
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WHEN IT’S YOUR TURN TO BE A JUROR
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case, leave, and immediately report
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unfair tactics and force to get sus
Page 631 and 632:
ACKNOWLEDGMENTS I would first and f
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618 alimony, 16-19 A.M. Best Compan
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620 Bowers v. Hardwick, 230 Boy Sco
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6222 condemnation, 205 conditional
Page 639 and 640:
624 D defendant damage, to a house,
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626 elder law, 153-176 elder abuse,
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628 fraud, 50, 274 in contracts, 38
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630 Identity Theft Clearinghouse, 4
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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
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638 price in new car purchases, 48-
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640 reviewing your will, 145-147 bi
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642 suing for injuries (continued)
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644 warnings, lack of adequate, 300
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ABOUT THE AUTHOR ALLEN P. WILKINSON
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Credits Designed by Oksana Kushnir
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About the Publisher Australia Harpe
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