Law Group at eNotes

Under Idaho law, a landlord may not use the security deposit to pay for...

Fri, 5 Sep 2008 05:58:43 PST

Under Idaho law, a landlord may not use the security deposit to pay for ordinary wear and tear resulting from a tenant’s normal living activities. It seems likely that the same standard would be applied in a civil case. The State of Idaho's Landlord and Tenant Guidelines provides examples of ordinary wear and tear versus damage (pp. 14-15):Ordinary wear and tear (landlord’s responsibility): faded carpet, moderate dirt or spotting on...

The two primary legal actions available given the scenario that you...

Fri, 5 Sep 2008 05:13:32 PST

The two primary legal actions available given the scenario that you describe are: filing a criminal complaint alleging theft of your propertyfiling a civil action for the loss of your property (known as conversion in some jurisdictions).There are several key issues implicit in your question: Who owns the incriminating documents, you or the company? The answer may not be obvious. Was the locker on company property? If so, the person who took...

What is the possible legal action to be taken if somebody gets your...

Fri, 5 Sep 2008 01:07:49 PST

the private documents includes evidences against my boss regarding the payroll padding that they have made in our company

In the State of Idaho is it considered wear & tear after 3 yrs or is...

Thu, 4 Sep 2008 18:19:04 PST

My parents rented a house for 4 years, the land lord is suing them for damages to the carpet. In the state of Idaho is it considered wear & tear after 3 years or is tenant reasonable to pay for damages?

A private road can be used by the general public and is open to all who...

Sat, 23 Aug 2008 10:17:32 PST

A private road can be used by the general public and is open to all who wish to use it, but it primarily benefits those at whose request it was established. Unlike highways that are cared for by the public at large, private roads are maintained at the expense of the private individuals who requested the road. (Law Encyclopedia at Answers.com)A private road is a road owned and maintained by a private individual, organization, or company rather...

A key issue is whose name is on the lease. If you and your roommate...

Wed, 13 Aug 2008 17:53:59 PST

A key issue is whose name is on the lease. If you and your roommate both signed the lease, your roommate has the same rights to use and enjoy the apartment as you do. If you alone signed the lease, and your roommate did not, then your roommate is probably on a month to month tenancy, and you could give her a thirty day written notice to move. Then you could locate a new roommate who might be more compatible. The fact that your...

Yes, if a juvenile is being questioned by law enforcement, a parent or...

Wed, 13 Aug 2008 17:36:21 PST

Yes, if a juvenile is being questioned by law enforcement, a parent or guardian would have to provide consent for any interrogation. However, in this case the facts suggest the minor has already entered a plea or had a trial, which could alter the situation. It sounds like the juvenile is being treated as an adult under the law and that means a parent probably does not have to attend. Does the child have an attorney? In that case, the...

Parents (or guardians) are normally responsible for providing the basic...

Wed, 13 Aug 2008 17:18:22 PST

Parents (or guardians) are normally responsible for providing the basic needs for a child until s/he becomes the age of majority. These necessaries include food and shelter, and typically would involve the child’s medical bills. Third, a parent would not be responsible for a child’s necessaries, if the minor was emancipated. In most states this involves the minor going before a judge, and asking that their legal status to be changed to...

Do you have a written lease? If so, is there an explicit clause that...

Mon, 11 Aug 2008 05:46:24 PST

Do you have a written lease? If so, is there an explicit clause that sets rules for guests? Are there any vague clauses that could be interpreted to exclude certain guests at certain times? State and local landlord-tenant laws may also apply to your situation. Where do you live?In some jurisdictions, in the absence of a written lease, tenants have an implied lease, usually a month-to-month arrangement that either party can end with one...

renters rights: visitors in home

Sun, 10 Aug 2008 08:18:13 PST

MY LANDLORD INSISTS THAT SHE HAS EVERY RIGHT LEGALY TO DECIDE WHO, AND WHEN I MAY HAVE VISITORS AT MY RENTED HOME.

According to the Division of Insurance of the Illinois Department of...

Sat, 9 Aug 2008 07:23:30 PST

According to the Division of Insurance of the Illinois Department of Financial and Professional Regulation, a “usual and customary” health care fee (and similar categories of fees, such as "fair and reasonable") is one that is “consistent with the average rate or charge for identical or similar services in a certain geographical area.” See its discussion of the H.I.A.A....

HIAA

Fri, 8 Aug 2008 15:05:51 PST

HIAA- How does HIAA determine "fair and reasonable" or "customary" charges for mental health practitioners?

A Missouri court may grant visitation rights to grandparents in specific...

Wed, 6 Aug 2008 13:54:45 PST

A Missouri court may grant visitation rights to grandparents in specific circumstances, as delineated in Missouri Revised Statutes chapters 452.402 and 452.403. You'll find those statutes in the first two links below. The third link provides the table of contents for all Missouri laws.Disclaimer: This post contains general legal information and should not be construed as legal advice to be applied to any specific factual situation. Each reader...

A witness statement should provide a thorough, accurate account of the...

Tue, 5 Aug 2008 12:06:05 PST

A witness statement should provide a thorough, accurate account of the events that the witness experienced personally, in his or her own words. The witness statement should be in chronological order and cover the five Ws and the one H:When?Who?Where?What?Why?How? Be sure to explain who you are and the precise extent of what you experienced. It’s best to avoid stating feelings, impressions, assumptions, or conclusions. Just stick to...

How would you write a witness statement in a clinical negligence case?

Mon, 4 Aug 2008 08:41:14 PST

Brain damage due to neonatal hypoglycemia and ensuing hypoxia-ischaemia; adverse effects of Labetalol beta blockers.

Is there a grandparents' rights/visitation law in the state of Missouri?

Sat, 2 Aug 2008 13:00:18 PST

If so, where can i get more information on this law? Thank you

My brother is a probation officer so I asked him your question. Here...

Fri, 1 Aug 2008 13:43:05 PST

My brother is a probation officer so I asked him your question. Here is his reply:"Is that a Federal Probation? I know in Texas district and county courts you have 30 days to file an appeal when you accept a probation. I’m not sure about Federal ones though. For a probation violation it’s a little different. You’ve already been on probation for quite some time, have accrued multiple violations or committed a new offense to send it...

Question about Probation Charge

Fri, 1 Aug 2008 05:48:47 PST

Can someone appeal a probation violation charge that was in superior court when judgement took place?

In North Carolina, a simple assault is a Class 2 misdemeanor [NC General...

Wed, 30 Jul 2008 06:01:04 PST

In North Carolina, a simple assault is a Class 2 misdemeanor [NC General Statutes 14.33(c)]. Like most other Class 2 misdemeanors, simple assault has a maximum sentence of 60 days [NCGS 15A-1340.23(c)], depending on the defendant's criminal past:No prior convictions: 1-30 daysOne to four prior convictions: 1-45 daysFive or more prior convictions: 1-60 daysA judge can also impose a maximum fine of $1,000 [NCGS 15A-1340.23(b)].A 2004 study...

In North Carolina, what are the sentencing guidelines for misdemeanor...

Tue, 29 Jul 2008 19:51:01 PST

In North Carolina, what are the sentencing guidelines for misdemeanor simple assault (first offense; mother against 17-year-old daughter)?