EveryBody's Guide to the Law

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changing your name, 44–46 claim after marriage or divorce, 45 defined, 425 changing the names of children, 46 filing with the government, 479–480 how to change your name, 44–45 “clear and present danger,” speech that changing your will, 147–149 presents, 460 example of a codicil, 148–149 clemency, 571 Chapter 7, straight bankruptcy through, 422 Clinton, William, 233, 239, 242 Chapter 13 repayment plans, 421–422 closed-end leases, 57, 408 charities, gifts to, 125–126 closing, in real estate, 178, 190 Child Online Protection Act (COPA), closing arguments, in trials, 519–520 350–351 clothing, gift of, 133 children clouds (on a title), 197, 199 abuse of, 285 Coalition Against Unsolicited Commercial changing the names of, 46 Email, 347 custody, visitation, and support, 19–23 COBRA benefits, 319 gift of everything to, in equal shares, 132 codicil, 148–149 legitimate and illegitimate, 23–24 coercion, 8, 149, 541 negligence involving, 262 cognitive impairment, 167 Children’s Internet Protection Act (CIPA), collateral, 413–414 352 collision and comprehensive coverage, 72–73 child’s home, moving an elder into, 161 commercial use, appropriation of a name or Christianity, 453 likeness for, 276 Christmas, 453 commissions, negotiating, 181 Ciccarelli, Dino, 267 common, tenants in, 93 CIPA, see Children’s Internet Protection Act common areas, 216 citizenship, 504–508 common law, 590 filing for, 505–506 common law marriages, 3–4 getting sworn in, 508 common property laws, 15–16 the interview, 507–508 communicable diseases, 285 taking trips outside the United States, Communications Decency Act (CDA), 504 349–351 civil courts, 260 community property, 94, 104 civil lawsuits, 509–521 community standards, 459 arbitration as an alternative, 520–521 comparative negligence, 265–266, 306 starting, 510–513 Compassionate Use Act (marijuana use), before the trial, 513–516 530 the trial, 516–520 compelling interest, 454 civil rights, 451–480 competency, 123 to be free from discrimination, 462–465 competing, agreements not to, 322 to bear arms, 461–462 complaints, 435–438, 556 to copyright protection, 469–475 defendant’s response to, 512–513 to freedom of religion, 452–458 defined, 425 to freedom of speech, 458–460 filing, 511–512 to know what the government knows, 477 if you are the defendant, 438 to patent your inventions, 342, 475–477 serving the defendant with, 437 to peaceably assemble, 460–461 where to file, 436–437 to sue the government for personal injuries, whom you should sue, 435–436 478–480 compounding, 526 to travel freely, 465–469 computers and the Internet, 341–356 Civil Rights Act, 237, 308, 463–464 the complexity of computer law, 341–342 civil wrongs, see torts the Internet defined, 342–356 Index 621
6222 condemnation, 205 conditional permanent resident status, termination of, 490 condos, townhomes, and coops (cooperatives), 193–194 Conference of Funeral Service Examining Boards, 113 confidential information, misuse of an auctions, 400 employer’s, 321–322 confidentiality, 321 your right to, 285 congregate care, for the elderly, 162 Congressional Record, 589 consent, 230, 270, 289 to searches without a warrant, 546 validity of, 549 of the victim, 537 conservatorship, 107 consideration, in a contract, 386–387 Consolidated Omnibus Budget Reconciliation Act, see COBRA conspicuous disclaimers, 392 conspiracy, 525 Constitution, United States, 451, 542–543, 565–566, 588–589, 593 amending, 233 due process clause, 22, 116, 230 establishment clause, 452–454 freedom of speech, 274 see also Bill of Rights constructive evictions, 227 consultations, initial, with a lawyer, 578 consumer advocacy, xiv consumer credit and your rights, 402–410 credit repair companies, 409–410 errors on your credit card statement, 408–409 if a lender discriminates against you, 402–403 if you buy defective merchandise with a credit card, 410 the Truth in Leasing Act, 407–408 the Truth in Lending Act, 406–407 your credit history, 403–406 Consumer Credit Protection Act, 406 Consumer Leasing Act, 57 Consumer Product Safety Commission (CPSC), 297 consumer reports, 403 investigative, 406 Consumer Reports, 351 Index contesting a will, procedure for, 152 contingency fees, 579–581 continuing care retirement communities (CCRCs), for the elderly, 162 continuous and peaceable possession, 200 contracts, 381–401 advertisements, 400 changing after it is signed, 188 effect of mistakes on, 396 fraud and misrepresentation, 397 illegal, 397–398 mail-order, 398–399 making, 382–387 modifying, 389–391 in new car purchases, 50–51 option, 183–184 real estate, 184–187 satisfaction guaranteed, 395 signing, 187–188 special types of, 398–400 things that may go wrong, 395–398 three-day right to cancel, 388–389 when a contract must be in writing, 387–388 when a party breaches the contract, 391–395 your rights when a contract is grossly unfair, 396–397 contributory negligence, 265 Controlled Substances Act, 530 conversion, 269, 272 COPA, see Child Online Protection Act Copyright Act, 469 Copyright Office, registering your work with, 470–472 copyright protection, 320, 469–475 “fair use” of a copyrighted work, 473–474 how long a copyright lasts, 472 how to copyright your work, 469–472 registering your work with the Copyright Office, 470–472 transferring your rights, 472 what constitutes copyright infringement, 473 your rights when someone infringes upon your copyright, 474–475 copyrighted music, downloading for free, 353 copyrights developed at work, ownership of, 320
Page 3 and 4:
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
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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
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conduct during the course of a game
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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
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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
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But just as you have the right to e
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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
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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
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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
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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
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Another factor to consider is the t
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cially on how clear the defendant
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you’re not sure which county to s
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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
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the invoice and receipt for the wor
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ut I do have a witness who can supp
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Suppose the defendant refuses your
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YOUR RIGHT TO FREEDOM OF RELIGION T
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Whether public school students can
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voluntary or forced—should be all
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eligious-affiliated colleges and un
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Although the government can prevent
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gun purchasers for criminal and oth
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years, Kaiser’s workforce consist
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Air Travel When you travel by air,
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seats you were promised, although n
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Since March 1, 1989, when the Unite
Page 501 and 502:
Your best copyright protection is t
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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
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3. Bureau of Customs and Border Pro
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the country after your visa expires
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The following is a list of the diff
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details of the marriage and what yo
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Termination of Conditional Permanen
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however, he or she must submit a dr
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corporation or one of its subsidiar
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Going through the labor certificati
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❉ you committed a serious nonpoli
Page 529 and 530:
efugee may file for permanent resid
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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
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
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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: 620 Bowers v. Hardwick, 230 Boy Sco
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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EveryBody's Guide to the Law

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