Basic legal things everyone should know

[Phresh]

[ QUOTE ]
cop: you can put your hands down

you: thanks, my dad/brother/uncle/LT/sargeant that I know told me to do this whenever I get pulled over so you guys dont have to worry about approaching, you guys have it tough enough as it is...yada..yada

[/ QUOTE ]

I've done this twice now and never received a ticket (although the charges were probably far too minor to gauge it's effectiveness). However, I brought it up in a seperate conversation with a police officer and he said it'd "probably make me think you just robbed a bank."

[Riverman]

[ QUOTE ]
How do you enforce a verbal contract? I have two such verbal contracts right now that the parties are violating but I have no idea how to go about enforcing them.

[/ QUOTE ]

You don't have to do anything so long as they meet certain criteria (offer, acceptance, consideration), but it will be much better for you to get it in writing if a conflict ever arises.

Also, depending on what the agreements pertain to the contracts may be barred by the Statute of Frauds.

[RustedCorpse]

Some questions (Drew appreciate anything you can add to this):

1) If you sign a lease, and the apartment suddenly becomes almost unlivible, what actions should you take? Particularly if a lawyer would be a huge and near impossible investment? At the moment I am logging all contact dates/times/names, and sending written correspondence but will this help me?

2) Secondly, while signing a lease there was a box that said no pets, after being specifically told before signing that I could have a pet. I brought this up, I verbally assured that "a dog is fine if it doesn't cause a disturbance" I did NOT initial the paragraph, but did sign the lease. Trouble?

3) When I'm pulled over I always leave my windows mostly up. It was recommended to me by an officer, I hand out my id and such through the top of the window. Can he demand that the window be rolled down? At the point I'm asked to step out of the car does he have to give me a reason? Can I refuse?

4) If I'm in the middle of nowhere and a police officer hits his lights on me. Can I go to a populated area first? Do I just hit flashers? What's the line here? I ask because there was someone killing people in a police vehicle or with lights on the colonial pkwy a few years back.


Lastly, and I feel the need to add this because there are a million "cops are jerks... the system is screwed" stories. But the system protects a lot more than people admit. I've broken a police officers arm during an assault and the judge basically told the cop he was wrong, threw out the case, and suggested that I take legal action. So remember, people really only complain about the system when it DOESN'T work.

[jaydub]

[ QUOTE ]

Secondly, while signing a lease there was a box that said no pets, after being specifically told before signing that I could have a pet. I brought this up, I verbally assured that "a dog is fine if it doesn't cause a disturbance" I did NOT initial the paragraph, but did sign the lease. Trouble?


[/ QUOTE ]

Yes. In that situation I realize that I'm getting hosed and do the standard walk away or my favorite; simply strike out the paragraph. You are signing a contract and if it does not reflect your view of the arrangement, change it. If the other party is not willing to put in writing what is guaranteed verbally, you are certainly about to get [censored].

J

[ghostbeef]

If your employer gives medical coverage through a third party insurance company and automatically deducts money from your paycheque for that coverage, can you refuse to participate in it? I thought it would be a simple yes but I asked our HR department and they say no, everyone in the company must participate.

This is in Canada and I didn't sign any contract regarding the medical / life insurance coverage. It aggravates me that I pay into an insurance pool full of unhealthy people, when I could be covering myself privately.

[DrewDevil]

[ QUOTE ]
Some questions (Drew appreciate anything you can add to this):

1) If you sign a lease, and the apartment suddenly becomes almost unlivible, what actions should you take? Particularly if a lawyer would be a huge and near impossible investment? At the moment I am logging all contact dates/times/names, and sending written correspondence but will this help me?

[/ QUOTE ]

It depends on what you mean by "unlivable." Many states have statutes that impose an "implied warranty of habitability" on residential tenancies.

If there are thousands of cockroaches in your apartment or you have raw sewage seeping out of your bathroom, then obviously that's pretty much unlivable. But not having electricity for a few days doesn't count.

If you really can't afford to talk to a lawyer, read your lease and look for any warranties that might be in there. Then, google your state's property code and read the section on landlord/tenant law. Most states have LL/T provisions that trump whatever the lease says. Look for "implied warranty of habitability" or "constructive eviction."

Then write a certified letter to your LL detailing what's wrong with your place, what sections of the property code you think your LL is violating, and what you want from them.

[ QUOTE ]
2) Secondly, while signing a lease there was a box that said no pets, after being specifically told before signing that I could have a pet. I brought this up, I verbally assured that "a dog is fine if it doesn't cause a disturbance" I did NOT initial the paragraph, but did sign the lease. Trouble?

[/ QUOTE ]

Eh... if your dispute went to court, a lawyer MIGHT be able to contend the verbal assurance became part of the contract, but there are two problems with that: (1) contracts involving interests in real estate have to be in writing, and (2) the common law "parol evidence rule" usually excludes verbal statements that are made as the contract is being signed, especially if your lease contains a "merger" clause that says something like "this is the entire and complete agreement between the parties." Check your lease.

I guess you could argue that because you didn't initial it, you didn't agree to that portion of the contract, but again, the odds are against you.

[ QUOTE ]
3) When I'm pulled over I always leave my windows mostly up. It was recommended to me by an officer, I hand out my id and such through the top of the window. Can he demand that the window be rolled down? At the point I'm asked to step out of the car does he have to give me a reason? Can I refuse?

[/ QUOTE ]

Hmmm... what cops can and can't do is determined by the interpretation of the 4th amendment, which prohibits unreasonable searches and seizures. I am not a constitutional lawyer so I don't know exactly what the boundary is.

I know that cops can detain you upon "reasonable suspicion" but they have to either arrest you or let you go within a certain fairly short amount of time. I know that cops cannot search your trunk/vehicle without permission from you OR "probable cause" that a crime has been committed. In between, I'm not sure... but asking you to roll down your window, or step out of the car, doesn't sound unreasonable to me. And as a practical matter, why piss off a cop who asks you to do something so innocuous?

[ QUOTE ]
4) If I'm in the middle of nowhere and a police officer hits his lights on me. Can I go to a populated area first? Do I just hit flashers? What's the line here? I ask because there was someone killing people in a police vehicle or with lights on the colonial pkwy a few years back.

[/ QUOTE ]

Hmmm... I really have no idea what your legal rights are in this situation. I'm pretty sure you are legally required to stop immediately when directed to do so by a police officer. If you REASONABLY believe you are being pulled over by a serial killer driving a police car, then you may get out of jail. But again, this is a situation where I don't think the risk is high enough to justify the potential problems you might get into if you refuse to pull over right away. A judge might buy your explanation as to why you drove 25 miles before pulling over, but before you get to the judge you might have to deal with a bunch of pissed off cops and possibly a roadblock.

[En Passant]

DrewDevil,

You should do a "ask me" thread. Do you ever take on cases where you have no chance of winning? For example, let's say you take on a person getting sued for $5,000 that should just settle. However, you go through the intial proceedings and bill your client some money, and then tell him best to settle.

How often does this happen?

[XXXNoahXXX]

I haven't read the entire thread, and I'm guessing someone else already has offered up this advice, but:

1. Never come to OOT/EDGD with your legal problems. The only good advice you'll get is when people tell you to go talk to a lawyer. Most small time lawyers will consult with you for free and only charge you if they end up representing you in some way.

2. When buying a house, never agree to use the seller's broker as your buying agent. It makes no sense for a broker to act on behalf of the buyer and the seller, because then she isn't fighting hard for either side.

[fnord_too]

[ QUOTE ]
Some questions (Drew appreciate anything you can add to this):

1) If you sign a lease, and the apartment suddenly becomes almost unlivible, what actions should you take? Particularly if a lawyer would be a huge and near impossible investment? At the moment I am logging all contact dates/times/names, and sending written correspondence but will this help me?



[/ QUOTE ]

I think this is the same most places, but in VA, you can call up a city inspector (or maybe they are state employees) and have the place condemned if it is not up to code. If the property is not brought up to code in 30 days, you can go void the lease (you have to go to court to do this I think, but I don't think it is a big deal). A friend of mine did this when he was in college to break a lease.

If it is unlivable for a different reason, you probably have to go to court. If the reasons are something like you cannot live with your roommate for some reason, I think you are SOL. If it is something like your neighbors are disruptive, I have no idea.