EveryBody's Guide to the Law

More documents

Recommendations

Info

grand larceny, 527–528 home buying, see buying and selling a house grandparents’ rights, 22–23 Home Equity Conversion Mortgage (HECM), grant deed, 198 155–158 green card diversity lottery, 490–497 home health care, for the elderly, 163 employment preferences, 491–497 homeowner’s insurance, 199–200 nonpriority workers, 494 homicide, 533 obtaining a labor certification, 491–492 homosexual relationships, and marriage, priority workers, 492–494 230–234 workers changing jobs, 494–497 horses, damage done by, 252–253 Grimshaw, Richard, 301–302 Hospice Association of America, 174 grudging acceptance, of a contract, 385–386 hospice care, for the elderly, 172–174 guarantees, on automobile repairs, 67 hospital insurance, Medicare, 373–374 guardian ad litem, 37, 40 hospital stays, 171–172 guardians, 126–127 hot pursuit, 549 “Guide to Health Insurance for People with hourly rate, of lawyers, 579–580 Medicare,” 372 house, gift of, 133 guilty pleas, 86 house buying, see buying and selling a house Gun Control Act, 461 housing, discrimination in, 236, 337–338 guns, your right to bear arms, 461–462 housing alternatives for the elderly, 160–174 assisted living, 162 H board and care, 162 hackers, 347–348 congregate care, 162 handwritten wills, see holographic wills continuing care retirement communities, hanging, 567 162 harassment, 307–310 home health care, 163 by debt collectors, 411–413 hospice care, 172–174 sexual, 309–310 life insurance policies and viatical what to do if you are a victim of settlements, 174 harassment, 310 long-term-care insurance, 165–168 hardship discharge, 422 Medicaid payment of long-term nursing hate crimes, 562 home care, 169–172 against GLBTs, 244–245 moving the elder into a child’s home, 161 Hate Crimes Sentencing Enhancement Act, nursing homes, 164–165 244–245 skilled nursing facilities, 163 Hawking, Stephen, 323 staying in the elder’s own house, 161 health care providers, 284 subsidized housing, 162 health care proxy, see advance health care Human Leukocyte Antigen (HLA) test, 25 directives Human Rights Campaign, 245 health maintenance organizations (HMOs), hung jury, 559 295–296, 380 husband’s will, 137–138 hearsay, 440 “heat of passion,” 535 I HECM, see home equity conversion mortgage IADLs, see instrumental activities of daily HLA, see Human Leukocyte Antigen test living HMOs identification, means of, 417 Medicare, 375–376 identity theft, 415–418 see also health maintenance organizations Equifax, 416 HO-3, see homeowner’s insurance Esperian, 416 holdover tenants, 211 Trans Union, 416 Holmes, Oliver Wendell, Jr., 590 Identity Theft and Assumption Deterrence holographic wills, 121–122 Act, 417 Index 629
630 Identity Theft Clearinghouse, 416 illegal aliens, hiring, 495 illegal contracts, 397–398 illegal practices, in new car purchases, 50 immigrant visas, 484–485 immigration and naturalization, 481–508 aliens seeking asylum, 497–499 aliens seeking refugee status, 499–500 annual green card diversity lottery, 490–497 getting a “green card,” 240, 485–490 getting your citizenship, 504–508 persons not allowed to immigrate to the United States, 502–503 preferences for immigrant visas, 485–490 same-sex partners and, 240–241 temporary protected status, 500–502 visas, 482–485 Immigration and Naturalization Service (INS), 240, 481 implied consent, 289 implied warranties, 54, 247 inadmissible aliens, 502–503 incapacity, planning for, 107–110 incest, 535–536 incompetent lawyers, 586 indecent material, protecting minors from, 349–353 independent contractors, 312 indictment, 556–557 inflation protection, in LCTI policies, 167 informed consent, 110, 290 informed rejection, 290 infractions, 524 infringement upon your copyright, 474–475 attorney’s fees, 475 “injunctions” issued by a judge, 474 monetary damages, 475 initial consultations, with a lawyer, 578 injunctions issued by a judge, when someone infringes upon your copyright, 474 injuries caused by government employees or public property, 478–479 excluded, 314 liability for, 303–304 to tenants and their guests, 216–217 injuries by or to animals, 249–255 criminal liability for your animal’s behavior, 251 damage done by horses, cattle, and livestock, 252–253 Index damage to another’s property, 251–252 if a dog or cat hurts someone, 249–251 if your pet is injured or killed, 253–254 injuries inflicted by wild animals, 253 leash laws, 251–252 removing a trespassing animal from your yard, 254–255 injuries on your land, 206–207 to firefighters and police officers, 207 to passersby, 206–207 on recreational land, 207 injury awards, increasing amounts of, xiv INS, see Immigration and Naturalization Service insanity as a defense, 540 and marriage, 2 and wills, 123 inspection, house, 185–186 instructions, lack of adequate, 300–301 instrumental activities of daily living (IADLs), 160, 162 insurance filing claims, 74–75 homeowner’s, 199–200 unemployment, 316–317 intellectual property rights, 320 intentional misconduct, of an employer, 314–315 intentional torts, 267–274 assault, 268–269 battery, 269–270, 309, 531 damage to personal property, 271–272 false imprisonment, 270–271 fraud, 274 misuse of the judicial system, 273 theft or destruction of personal property, 272–273 inter vivos trusts, 104–105 Internal Revenue Service (IRS), 496 publications of, 19 Internet, 342–356 domain names, 344–345 Internet Service Providers, 343–345 libel on the Internet, 345–356 ordering on, 398 Internet Fraud Complaint Center, 356 Internet Service Providers (ISPs), 343–345 domain names, 344–345 interspousal tort immunity, 38
Page 3 and 4:
eVeRYBODY’S GuIDe TO THe Fully Up
Page 5 and 6:
Disclaimer Introduction viii In Mem
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
Page 56 and 57:
However, some courts permit the par
Page 58 and 59:
sort is difficult, to say the least
Page 60 and 61:
such as creditors. For example, Mar
Page 62 and 63:
Automobiles TWO nO SINGLE PRODUCT H
Page 64 and 65:
sticker price—the sticker price o
Page 66 and 67:
phone for a certain price to get yo
Page 68 and 69:
to cancel the order and recover any
Page 70 and 71:
important is the federal Magnuson-M
Page 72 and 73:
where they would not qualify to pur
Page 74 and 75:
the dealerships that sell new and
Page 76 and 77:
state that the car has only 50,000
Page 78 and 79:
Paying the Money and Transferring O
Page 80 and 81:
AUTOMOBILE REPAIRS As the owner of
Page 82 and 83:
4. Make sure that the shop is compe
Page 84 and 85:
epair shop tow the car in or reimbu
Page 86 and 87:
will want your insurance policy to
Page 88 and 89:
additional $1,500 worth of damage.
Page 90 and 91:
ger in the other car is seriously i
Page 92 and 93:
ally applied only to injuries resul
Page 94 and 95:
(dry or wet, slick with oil, etc.),
Page 96 and 97:
a motorcyclist who was not wearing
Page 98 and 99:
you weaving from side to side. The
Page 100 and 101:
held liable if an employee gets dru
Page 102 and 103:
other car and any witnesses who saw
Page 104 and 105:
a: That’s possible. q: And it’s
Page 106 and 107:
Estate Planning THREE eSTATE PLANNI
Page 108 and 109:
Separate Property When title to any
Page 110 and 111:
When There Is a Surviving Spouse It
Page 112 and 113:
What Probate Is and How It Works AV
Page 114 and 115:
the size of the estate, the circums
Page 116 and 117:
combined gifts up to $22,000 to as
Page 118 and 119:
so popular? Because they cost so mu
Page 120 and 121:
most part completely private docume
Page 122 and 123:
As has been mentioned, all property
Page 124 and 125:
principal’s death or reasonable g
Page 126 and 127:
Organ and Body Donations All fifty
Page 128 and 129:
The original of my Last Will and Te
Page 130 and 131:
tailored to your particular needs a
Page 132:
in such instances, and that assiste
Page 135 and 136:
chance on what will be done with yo
Page 137 and 138:
accept this as a holographic will,
Page 139 and 140:
and signed is of no consequence. It
Page 141 and 142:
ment that the recipient be a bona f
Page 143 and 144:
nothing bum who squanders all of hi
Page 145 and 146:
lawyer can mean the difference of t
Page 147 and 148:
to dispose of all property, whether
Page 149 and 150:
Remember to talk it over with the p
Page 151 and 152:
us to act as witnesses to it. [He/S
Page 153 and 154:
Executor’s or Executrix’s hands
Page 155 and 156:
ited to, the powers to invest and r
Page 157 and 158:
kind, or entirely in cash. I furthe
Page 159 and 160:
deceased had died without a will. T
Page 161 and 162:
If you want to disinherit the child
Page 163 and 164:
CODICIL I, MARY BAKER, hereby make
Page 165 and 166:
ers. A court will set aside a gift
Page 167 and 168:
Procedure for Contesting a Will It
Page 169 and 170:
of their prescription drugs is not
Page 171 and 172:
credit line? You may be able to get
Page 173 and 174:
What about deducting from your taxe
Page 175 and 176:
worry about, as Sue’s new basis o
Page 177 and 178:
Subsidized Housing For elders who a
Page 179 and 180:
Nursing Homes Nursing homes provide
Page 181 and 182:
from a nonqualified policy. Qualifi
Page 183 and 184:
The Elimination Period LTCI policie
Page 185 and 186:
the maximum amount a single person
Page 187 and 188:
Medicaid pays up to fourteen days t
Page 189 and 190:
telephone: (800) 658-8898 website:
Page 191 and 192:
gist treating an elderly patient wh
Page 193 and 194:
months after buying the house that
Page 195 and 196:
mission even if you sell the house
Page 197 and 198:
ought the buyer to your house, and
Page 199 and 200:
looks the property over and decides
Page 201 and 202:
free from termite infestation, stru
Page 203 and 204:
If the property is being sold by a
Page 205 and 206:
ever, the price of your $225,000 ho
Page 207 and 208:
Selling Your House and the Capital
Page 209 and 210:
A coop is managed by the corporatio
Page 211 and 212:
exclusive profit, you and you alone
Page 213 and 214:
sections. Reading such a legal desc
Page 215 and 216:
ing system. Assume, however, that y
Page 217 and 218:
force” to remove the trespasser.
Page 219 and 220:
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 and 272:
embodied in the Scout oath and law,
Page 273 and 274:
About half the states currently hav
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
Page 323 and 324:
If an HMO doctor wants to send the
Page 325 and 326:
assumed that you had ample opportun
Page 327 and 328:
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
Page 345 and 346:
or no reason at all. Long duration
Page 347 and 348:
WHO OWNS INVENTIONS OR COPYRIGHTS D
Page 349 and 350:
itation. Another important factor:
Page 351 and 352:
THE AMERICANS WITH DISABILITIES ACT
Page 353 and 354:
essential functions of the position
Page 355 and 356:
perform the range of manual tasks a
Page 357 and 358:
merely a pretext for illegal discri
Page 359 and 360:
If one accommodation would be an un
Page 361 and 362:
ination cases, it is not necessary
Page 363 and 364:
Courses and Examinations Title III
Page 365 and 366:
It is unlawful to discriminate in a
Page 368 and 369:
FIFTEEN Computers and the Internet
Page 370 and 371:
The Internet is a decentralized, gl
Page 372 and 373:
2. The domain name holder has no ri
Page 374 and 375:
clogs up your e-mail. Spamming is a
Page 376 and 377:
a company specializing in restoring
Page 378 and 379:
Like the CDA, COPA also provided af
Page 380 and 381:
e strong-armed by the federal or an
Page 382 and 383:
fraudulent seller), you should chec
Page 384 and 385:
SIXTEEN Social Security, Medicare,
Page 386 and 387:
QUALIFYING FOR BENEFITS You are ent
Page 388 and 389:
❉ 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
Page 398 and 399:
you must notify the nearest U.S. em
Page 400 and 401:
Part B is supported in part (one-th
Page 402 and 403:
are automatically enrolled in Part
Page 404 and 405:
people. Temporary residents of a pu
Page 406 and 407:
States also have the option to prov
Page 408 and 409:
Contracts SEVENTEEN mENTION OF THE
Page 410 and 411:
enforced against the minor if he or
Page 412 and 413:
since the full week hasn’t passed
Page 414 and 415:
eration is giving you the sofa. Or
Page 416 and 417:
only interested in protecting its o
Page 418 and 419:
efuses to pay Ace the extra $1,000.
Page 420 and 421:
likely rule that the liquidated dam
Page 422 and 423:
How a Judge Interprets a Contract i
Page 424 and 425:
of three things: (1) enforce the co
Page 426 and 427:
When you cancel an order, the mail-
Page 428 and 429:
EIGHTEEN Consumer Credit, Debt Coll
Page 430 and 431:
You are entitled to have alimony an
Page 432 and 433:
Experian (formerly TRW) National Co
Page 434 and 435:
($500) up front. Your net proceeds
Page 436 and 437:
unless you pay the disputed amount.
Page 438 and 439:
tect you from creditor harassment a
Page 440 and 441:
ars the collection agency from cont
Page 442 and 443:
security for the loan); your busine
Page 444 and 445:
They also can be reached at their w
Page 446 and 447:
cash, such as stocks and bonds? Nex
Page 448 and 449:
up for the discharged debts. This
Page 450 and 451:
Whether you can pay $100 a month (o
Page 452 and 453:
What Happens After You File for Ban
Page 454 and 455:
NINETEEN Suing in Small Claims Cour
Page 456 and 457:
Special rules apply if you are suin
Page 458 and 459:
Louisiana $5,000 Maine $4,500 Maryl
Page 460 and 461:
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
Page 466 and 467:
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
Page 476 and 477:
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
Page 513 and 514:
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
Page 521 and 522:
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
Page 541 and 542:
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: 628 fraud, 50, 274 in contracts, 38
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
show all

EveryBody's Guide to the Law

Create successful ePaper yourself

Delete template?

Save as template?