FRANK D. TAFF, J.D., Attorney at Law - 3601 SW 29th Street, Topeka, Kansas 66614
My Blog

CAN FACEBOOK BE FORCED TO IDENTIFY ANONYMOUS SPEAKERS?

WHAT IS DOUBLE JEOPARDY AND WHEN DOES IT ATTACH?

ESTEBAN MARTINEZ, PETITIONER v. ILLINOIS
on petition for writ of certiorari to the supreme court of illinois
No. 13–5967. Decided May 27, 2014
 
The trial of Esteban Martinez was set to begin on May 17, 2010.  His counsel was ready; the State was not.  When the court swore in the jury and invited the State to present its first witness, the State declined to present any evidence.  So Martinez moved for a directed not-guilty verdict, and the court granted it.  The State appealed, arguing that the trial court should have granted its motion for a continuance.

COPYRIGHT INFRINGEMENT--HOW TO PROVE IT?

The owner of a copyright has the exclusive right to perform or authorize others to perform the copyrighted work.17 U.S.C. § 106.

In order to establish a copyright infringement, the plaintiff must prove the following five elements:

(1) originality and authorship of the copyrighted works involved;
(2) compliance with the formalities of the Copyright Act;
(3) proprietary rights in the copyrighted works involved;
(4) public performance of the compositions involved; and
(5) lack of authorization for public performance.

Co-signing a loan is a favor you should think twice about

About 90 percent of all private student loans were co-signed in 2011, most often by a parent or grandparent, according to the consumer watchdog agency. That's up from 67 percent in 2008. Students are often required to get a co-signer if they have little or no credit history. Additionally, getting a co-signer can result in a lower interest rate.

But two major things happen when you co-sign. You also become the borrower, and you tie your credit history to the credit record of the person getting the loan.

IS YOUR CELLPHONE FAIR GAME FOR THE POLICE?

Does the Fourth Amendment permit police officers to perform a warrantless search of an individual’s cell phone confiscated at the time of an arrest?

United States Supreme Court oral argument to be held April 29, 2014, in the case of Riley v. California

In August 2009, David Riley was pulled over in San Diego, California for having expired tags on his car and a suspended driver’s license. As per police department policy, the officer impounded Riley’s car and conducted a warrantless search of the car.

WHAT IS A TIME-BARRED DEBT?

State law usually determines when the statute of limitations expires on different types of debt.  It is different for oral obligations and written obligations.  The statute begins to run when the debt has matured and you fail to make a payment on it.  It stops, or is suspended, if you make a payment, or sometimes, make a new promise to repay.  It depends on two things: the type of debt and the law that applies, being either that of the state where you live or the state specified in your credit contract. For example, the statute of limitations for credit card debt in a few states may be as long as 10 years, but most states impose a period of three to six years. To determine the statute of limitations on different kinds of debts under Kansas law, check with us, if you are being threatened with collection on an old debt or bill.

How an Undocumented Alien May Avoid Deportation

The United States Attorney General has discretionary authority to cancel the removal of a nonlawful resident who:  

(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application; (This means no trips home!) 

(B) has been a person of good moral character during such period;  (Attend a respectable church every Sunday!) 

(C) has not been convicted of an offense under section 1182(a)(2), 1227(a)(2), or 1227(a)(3) of this title, subject to paragraph (5); and

FALSE STATEMENTS TO SOCIAL SECURITY LEADS TO CONVICTION

Mr. Mullins was charged in a two-count indictment with making false 
statements on his Social Security forms.  Specifically, Count One charged that on 
July 23, 2007, on a Social Security Form titled “Work Activity Report—Self 
Employed Person,” Mr. Mullins “falsely stated and represented that he had no 
self-employment income and did not work since October 1996 when in truth and fact, 
as defendant well knew, he worked and received income from self-employment.”  

Count Two charged that on the same day, on a Social Security Form 

WHAT IS THE AUTOMATIC STAY?

The Bankruptcy Code automatically stays the commencement or continuation of a judicial proceeding against the debtor that was or could have been initiated before the filing of a bankruptcy petition. 11 U.S.C. § 362(a)(1). 

WHAT IS A COURT DOCKET?

“Since the first years of the Republic, state statutes have mandated that clerks maintain records of judicial proceedings in the form of docket books, which were presumed open either by common law or in accordance with particular legislation.”  Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 94 (2d Cir. 2004).  

The same was true of English common law.  One of the early uses of “docket” or “dogget” noted in the Oxford English Dictionary is an 1809 legal dictionary which explains that judgments are “entered on the docket of that term; so that upon any occasion you may soon find out a judgment, by searching these dockets, if you know the attorney’s name.”  IV Oxford English Dictionary at 912 (quoting Sir Thomas E. Tomlins, The Law Dictionary (2d ed. 1809)).  
RSS

Recent Posts

CAN FACEBOOK BE FORCED TO IDENTIFY ANONYMOUS SPEAKERS?
WHAT IS DOUBLE JEOPARDY AND WHEN DOES IT ATTACH?
COPYRIGHT INFRINGEMENT--HOW TO PROVE IT?
Co-signing a loan is a favor you should think twice about
IS YOUR CELLPHONE FAIR GAME FOR THE POLICE?

Categories

Bankruptcy
Free, Friendly, Legal Advice
Social Security
Workers compensation
powered by

Website Builder provided by  Vistaprint