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Torts

~900 answered questions
Parent Category: Civil Cases
Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.
A tort is a civil wrong for which a remedy may be obtained. Basically, a tort is something someone else did wrong that caused you injury and for which you can sue. In this context, driving negligently, hitting someone and causing injury is a tort, and the injured driver can sue the one who caused th…
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Good question, do you where the car is? If so, you can go get it yourself. Have you contacted the person and told them to bring it back? If you have, they wont, you can report it stolen in most states. If that doesnt apply, email me.
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YES, its called a writ of replevin.
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Lawsuits against Landlords for Mold Absolutely. And more and more renters are doing just that. Mold is a proven health hazard, especially to young children, the elderly and those who have respiratory problems. You must also make sure that you have documentation of everything. Also, any problems …
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Winning a lawsuit will have no impact on your ability to file for Chapter 7 bankruptcy. If you are a judgment creditor, the judgment might become an asset of the bankruptcy estate and the bankruptcy trust might choose to sell the judgment or enforce the judgment for the benefit of your creditors.. …
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Yes, you can sue them.   You can sue. Whether or not you can win is a different question. In any type of professional negligence case, you need to hire another doctor to testify on your behalf that the failure to treat the fibroid fell below the standard of care. You need to consult a medical…
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Yes, someone can be sued or held liable both criminally and civilly, for the death of another. Aside from a murder charge (which is criminal/penal in nature), the surviving relatives of the deceased victim have the right to make what is called a wrongful death claim. In a wrongful death claim, the …
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Answer temporary injunction n. a court order prohibiting an action by a party to a lawsuit until there has been a trial or other court action. A temporary injunction differs from a "temporary restraining order" which is a short-term, stop-gap injunction issued pending a hearing, at which time a t…
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You have to understand what exactly schizophrenia is. Not even experts all agree on the exact causes of the mental illness. It is known to be hereditary (a person with a relative suffering from the disease is ten times more likely to get it than a person with no relatives having schizophrenia). Some…
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No. It days long past, the spurned spouse could sue the paramour for a claim of "alienation of affection" but nearly every state has done away with that cause of action. And there is no law that would allow an employer to be held liable to a spouse for an affair that happened at the office.  D…
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An American Bar Association study over 10 years ago put the number at 20 million.
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Answer Yes, however such allegations are often difficult to substantiate even in a small claims case. Judges are generally reluctant to grant monetary recovery awards unless the plaintiff can prove a financial hardship was created due to the defendant's actions. Sure, you can. The answer above i…
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Answer An answer (defense) would be whatever proof the defendant has that the lawsuit is not valid. The response to the summons is not the venue for explaining the defendant's personal situation, such as job loss, illness and so forth. Unfortunately the law does not consider such circumstances as…
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Before leaping into the litigation arena one should determine if it is legal to participate in online gambling in the state in which one lives. Most states have laws prohibiting said action and the federal government is still carrying on the debate of whether or not the Wire Act is applicable. In a…
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That's the problem with paying people to speak for God. They get to make the rules and do pretty much whatever they want once you give them your money. Next time give the money directly to the charity of your preference. However, remember that many charities and agencies that claim to be collectin…
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You sound like the type of person that disects problems to the inth degree, but, also you are curious enough to get to the bottom of it and hopefully try to help this person.PHYSICAL could mean that this person is either beaten or is sexually abused and may have been since they were a child. Usually…
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No!!!!!! Looks like your trying to pay them off,Its up to the court!!!! You can file a counter claim!!!!
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Answer It depends on the content of the letter, the judge, the OTHER attorney and how fortunate you are on that particular day. Many times the judge wants to give the attorneys to "discover" anything that might have been accidentally left out of the letter. If by "stand up in court" you mean can…
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Answer Workers compensation is supposed to be the sole remedy if you are injured on the job. Answer ...and unless your employer was GROSSLY negligent, you cannot sue.
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Answer Probably not, the best you will be able to do is to document / record / video / keep everything the narcissist pulls. True narcissists can usually fool and actually love fooling legal and health care professionals, it gives them a sense of power. Don't kid yourself either. Many health care…
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Civil Suit First Pleading The answer to a civil suit is known as a "first pleading". The defendant answers each charge as a denial or an acceptance. Example: A first defense and the best defense would be that "The plaintiff fails to state a claim against the defendant which could be granted rel…
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Any "motion" is a request to a court to take some action. Motions to compel occur in the "discovery" phase of a civil case when the parties are allowed to learn about each others positions. Discovery, in general, is intended to facilitate a trial on the facts, rather than by ambush.Discovery in a ci…
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It must be a recognized grounds in the state where you file the action.
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Yes.You must show you have suffered damages. The downside is it unlikely a person who commits a criminal act has the financial resources to reimburse the plaintiff/victim.45 US states have laws in place to allow a crime victim to initiate a lawsuit for damages, although the majority of these laws pe…
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Being in the state of inertia for a long period of time========In order to qualify for the label "negligent," there must be activities or actions that are supposed to be enacted. There can be no negligence where there is nothing required; ergo, nothing required, nothing neglected. For example: Ifthe…
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Answer I've been practicing law since 1993 and I cannot imagine any circumstances where you could file a motion to compel against your attorney. If your attorney has failed to act or do something on your case, then it is probably time to get a new a attorney. If your former attorney fails to do s…
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Most Debtors always get notices in the mail 30 to 90 days after filing for Chapter 7 relief concerning property they own. In most cases, they have no idea what it is. Chances are, it's a Motion for Relief of Stay(MFRS). Usually your attorney explained this event and this notice should come as no sur…
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Answer One option is to use the free referral services of the DC bar association or the American Bar Associations.
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Answer I think because in civil trials, unlike criminal, the facts of the case are often not based on physical evidence but rather witness's accounts, beliefs and morals, making it harder to prove guilt in the eyes of a magistrate or jury. In criminal trials they have a higher standard of proof …
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I worked as a Pre-Trial officer for several years. If you fail to comply with any of the terms or conditions of your Pre-Trial agreement, your case officer can send a letter to the court outlining what conditions you violated. A judge will then issue what is called a "Capias Failure to Comply with…
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Tort law encompasses a body of civil wrongs (literally "twisted conduct" from the Latin verb torque's, to twist) for which the law will allow redress in the form of money damages, prohibition of conduct, or less frequently required conduct. Violation of a legal right is a requirement. Some legal ri…
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In Otawa the seat bealt law was establashed on January 1st 1976. Otawa was the firt province to accept that law. 32 Years ago.
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The answer depends upon what you are seeking. The term "relief" could refer to alimony, child support the payment of bills by your spouse--just about anything. A motion is a request to the court to take some type of action.
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Polypropylene is the most common form of synthetic material used. It is used in almost every thing we use. Though previously declared safe, recent searches reveal that polypropylene may release two highly toxic substances, quaternary ammonium biocides and oleamide.
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No, you cannot sue a minor. You can sue the minor's parents though because they can be held responsible for the minor's actions.
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You simply name the corporation as a defendant by using its corporate name and place of business. Sometimes the actual corporate name is unknown because it is being operated under a business name. Most state have a registry of "business names" that match up to the actual corporate name. You should b…
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Answer to Trial Notebook question Open the links below for some decent basic ideas for a Trial Notebook.
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criminal is something you can go to jail for but civil is like you were suing your neighbor its something you cant go to jail for.Additional: ALL attornies, regardless of the area of the they choose to specialize in all graduate from the same law schools. "The law" is such a vast field of practice t…
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I think it depends on what State you live in and if that State is an "at will" employer. You can contact the State Employment Agency, they should know.An employer can rescind an offer at any time for any reason or no reason. If you incurred costs by accepting the offer (like moving or quitting a pre…
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The Bog Turtle is on the PA endangerd list. There is no real number of how many there are because they are such an elusive species.
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Answer Just to reiterate the answer below, no, it is not a violation of the Double Jeopardy clause of the 5th Amendment, and, in fact, it happens all the time. Double Jeopardy only applies to criminal cases being tried by the same sovereign, for the same criminal act. Because civil cases, at…
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Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aqu…
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Personal Injury proceeds are NOT taxable No. Personal injury proceeds are considered compensation of injuries and losses, it is not a "gain" or "windfall" under the tax codes. Actually, whether personal injury damage awards are taxable depends on what the award is for. If it is to compensate for…
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by any reasone you can. you could get expelled anywhere. likely for something way over the school board policy like hitting a teacher or bringing a knife or gun to school. things like that
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Answer See answer to related question, "What is unlawful trespass?"
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Settlements are just now being finalized. To date, GKS has settled around 700 cases, for a TOTAL settlement cost of around $60 million. The average settlement PER CASE is under $100,000. (Source: BusinessWeek May 11, 2010) People, read more than just the headline when citing sources.
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like when two people get a divorce.---------------------------------------------------------------------------ryse----------------Do not break speed limit in driving vehicles.Do not park in double lines.Abortion is not allowed.Do not copyright anything without permission.Do not park in no parking ar…
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Yes, grandparents can sue for wrongful death. They may end up in mediation or settling out of court in this case.
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Fictionalization is a verb. Fictionalization definition is a true story that has change some of the details or by even adding details to it.
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It's where a person has to go to court, by order.Sub poena means 'under penalty'.
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Medical malpractice actions must be commenced within 3 years from the date of the injury, or one year from the date the plaintiff discovers or reasonably should have discovered the injury, whichever occurs first.
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negligence is when someone failed or compromised is duties, and by doing so, the person in question puts another person in harms way. There are types of Negligence:Gross NegligenceComparative NegligenceContributory NegligenceVicarious LiabilityMedical NegligenceClinical Negligence
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Assault, which is quite different from battery is the threatening of a victim, generally verbal. Although assault does not include the actual touching of the victim, the victim believes that he/she is being threatened and in danger of being harmed.Battery, is the actual harming of the individual, ei…
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Tort reform is aimed at civil lawsuits. Of these lawsuits, personal injury and medical malpractice are most affected by tort reform legislation. Issues addressed through tort reform include requiring the loser of a case to pay for the winner's legal fees, keeping supposedly frivolous suits out of co…
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tort is a wrongful act by virtue of which the legal rights of another indivisual is violated
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Another answer could be this one: "By organizational culture rather than the offender or offense which overlaps with organized crime. Appelbaum and Chambliss (1997, 117) offer a twofold definition: Occupational crime which occurs when crimes are committed to promote personal interests, say, by alt…
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Consult with an attorney you may have grounds for a malpractice suit.
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If you are asking if an attorney may legally withdraw from a case, then yes, he or she generally may do so.Whether or not the client can obtain a refund of expenses or has a viable suit for damages depends upon the circumstances of individual cases. Presumably, the attorney would not have accepted t…
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They are considered non-toxic for "normal uses" Sharpie is not meant for skin but is not dangerous.It would take over an ounce (about 29 milliliters) of ink from a Sharpie to cause a reaction, and if a Sharpie is used on the skin it generally won't cause an immediate or obvious health effect. The o…
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Answer The Federal Sentencing Guidelines are rules that set out a uniform sentencing policy for convicted felons in the United States federal courts system. Offenses have base levels; murder for example is 43 but this number can be increased or enhanced depending on the circumstances. Another ex…
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Answers from various contributors: Criminal law refers to those actions that have been declared illegal. They are prosecuted by the state (city, state or country). The defendant is found guilty beyond reasonable doubt or found not guilty. Criminal laws are malum per se, meaning that it is against th…
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At least 33 states have abolished the tort of criminal conversation--29 by statute and 4 by common law. For example, the tort was abolished in Virginia by statute and in Tennessee by common law, but North Carolina still allows it.
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Yes.
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Typically the consequences are monetary damages. However, a judge can also order a party to fulfill the contract.
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in general the protection of citizens and any asset the common denominator in a society believes to need protection, in addition the protection of the state and its outlets and the procedural rules.
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Insecurity, period. AnswerAnger blamed on another person.
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Answer - 5 States Only five (4) states and the District of Columbia still recognize the pure contributory negligence rule, which says that a damaged party cannot recover any damages if he is even one (1) percent at fault. They are: AlabamaAlabama Power Co. v. Schotz, 215 So.2d 447 (Ala. 1968). Dist…
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List of Intentional Torts1. Assault2. Battery3. Conversion4. Trespass to Land/Chattel5. False Imprisonment 6. Intentional Infliction of Emotional Distress (Outrage)
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Answer I wouldn't think so. How could you send a person to trial or jail if they successful. Answer "Attempted suicide" or "assisting suicide" are probably the more practical charges to consider. There was once a concern that persons who stood to gain as beneficiaries from an individual`s wil…
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deciet is when you sneak something
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Hiyer a Lawyer and speak with the Head of the District
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In Common Law, judges are required to comply with precedents - rulings from previous cases - as well as with statutes (law that was made by the government). This means that some "laws" are created by judges, and these "fill in the gaps" of statute law. In Civil Law, judges interpret statutes and pre…
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It is a volleyball offense in which there are 2 setters and every player on the court lines us as a hitter at one point or another. The setter always comes from the back row to set, leaving the three players on the front row to hit. As the players rotate, every player sets up as a hitter on the fron…
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Answer You are going to need concrete proof and you can file a lawsuit. The law is called alienation of affection. It is very hard and very expensive to fight.
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Answer 1: If you can prove to a jury that your neighbor has caused mental, physical or emotional harm to you or your property I would think you have a good shot at it. If talking to your neighbor does not solve the problem, I would ask the local police to get involved before you think of sueing. Ans…
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A type of insurance coverage that provides remedies for persons sued for damages when they injure or kill someone else through their own negligence.
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Strict liability makes a person responsible for the damage and loss caused by his/her acts and omissions regardless of culpability (or fault in criminal law terms, which would normally be expressed through a mens rea requirement; see Strict liability (criminal)). Strict liability is important in tor…
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Civil Rights granted by the Constitution of the Country.Added: ..... or for compensation for damages sought for any violation of the civil law statutes of the the state or nation.
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You can file a lawsuit against an online gambling site. But before filing a case please check out their terms and conditions properly.
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NO! a lawsuit is a filing in court and employers are STRICTLY forbidden from discussing an ongoing court action; furthermore the ONLY information a former employer may release to a prospective future employer is simply the dates you were employed with them, and whether or not you are eligible for re…
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Even though a counterclaim comes by way of an answer, you should consider like a complaint. You have 20 days to answer a counterclaim.
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Very much like a court hearing, except there is no judge present. If you are being deposed by the opposing attorney in your case, you have the right to have your own legal counsel present. You are placed under oath and asked questions by both the opposing attorney and your attorney. These questions …
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Comparative negligence is found in about 35 of the 50 states including Ohio. New Jersey and California are also comparative negligence states.
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Probably not. Moving someone else's property without their consent is a civil matter, and the estranged spouse would have to prove you did it intentionally. You could say you "didn't know" whose stuff it was and that you had no reason to know she hadn't consented. The goods were not "stolen" as …
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A witness signiture can be signed by anyone who saw you sign the papers
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Yes, a manager can sue a union for defamation. They will more than likely need to get an employment or union attorney to help them in the case.
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Technically, the jury renders the verdict in a jury trial, then the judge signs the written judgment based on the verdict. If the case is tried without a jury (a bench trial) the judge as the finder of fact renders the verdict and signs the appropriate written judgment. Additional: If the questioner…
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Criminal law reflects power relations in the society. It is structured to reflect the preferences of those who hold high status in the society.
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It's a different word for poisonous. Toxic materials are substances containing poisionus material ecspesially when causing death or serious illness. It should be noted that Auroleus Phillipus Theostratus Bombastus von Hohenheim (born in 1493), often referred to simply as " Paracelsus," quite correct…
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St. Therese of Lisieux was declared the 33rd doctor of the Church by John Paul II on October 19, 1997 in his apostolic letter Divini Amoris Scientia, thus making her the most recent person to be recognized as such.
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Civil law involves a private lawsuit between two or more parties. Criminal matters involve a matter between the state or federal government and a citizen or corporation who has been accused of committing an act that has been classified as a crime by statute.
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Leave them there. At least no-one will steal the lead off the church roof! Or if that's not possible, invite them to stay at your house.
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No No No No. What kind of question is that! Of course you cant. You have to wait until he his out of office but you can file impeachment files. Now no more stupid questions please.
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It is not trespassing you can definitely onramp hitchhike. Although watch out, hitchhiking always involves a risk of getting harassed whether your doing something wrong or not.
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en.wikipedia.org/wiki/Violence_in_sports
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your mom haha pienus
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A legal petition is similar to a complaint. You answer every charge with a denial or admit it and a reason why.
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