Below are the 20 most recent journal entries recorded in law_answers' LiveJournal:

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Monday, August 29th, 2005
10:02 am	How do you convey real estate? First off, property contracts usually fall under the Statute of Frauds which requires a writing signed by the seller in order to properly convey title. Second, you need a deed in Washington State. A deed to a deceased person is void; title stays with the seller. Third, there are several requirements to a deed: it must be signed by at least one party to be bound; every deed must be acknowledged before a notary public; the full legal description of the property is required if platted; and if community property than both spouses must sign the deed. This is not, by any means, a full explanation but just a brief introduction. (Comment on this)
Friday, July 8th, 2005
12:07 pm	Suspended License? DOL: A case called City of Redmond v. Moore (2004) held that "the statutes providing for mandatory suspension of driver's licenses without an administrative hearing violated procedural due process". So, if you never got a chance to have a review of your license suspension with the Department of Licensing's hearing officers, you have a good argument against license suspension. This isn't to say that they will necessarily listen, however. Because, as we all know, it's the government. (1 Comment |Comment on this)
Friday, May 27th, 2005
7:29 am	May I see your papers, Fraulein? The Real ID Act became law a little over two weeks ago. This means Washington State driver's licenses (and all other states) will soon have to meet new federal ID standards established by Homeland Security. The Act establishes minimum identification standards for the issuance of a driver's license. Prepare for longer lines at the DMV. As well, section 102 of the Act authorizes the Secretary of Homeland Security to waive any law for the expeditious construction of barriers and roads along the border, and prohibits judicial review of a waiver decision or action, and bars judicially ordered compensation, injunction or any other such remedy for damages alleged to result from the decision or action. Whatcom County is a border county subject to this new federal law. Say good-bye to the Republic. (2 Comments |Comment on this)
Friday, May 20th, 2005
5:04 pm	Display of Police Insignia The City of Seattle has a crime entitled, "Illegal Display of Police Insignia." SMC 12A.60.070 Unlawful use of badge, insignia or uniform. It shall be unlawful for any person to wear, use or have in his possession or under his control any official badge, insignia, button, cap, helmet, or uniform of the Fire Department of the City, or the employees of the Fire Alarm and Police Signal Systems of the City, unless such person is a regular member of the Fire Department or employee of the Fire Alarm and Police Signal Systems, and has direct and specific authority to wear or have in his possession or under his control such official badge, insignia, button, cap, helmet or uniform. (Ord. 66841 Section 7, 1936.) (1 Comment |Comment on this)
Tuesday, May 10th, 2005
1:00 pm	Taking a Shopping Cart Can Be a Misdemeanor We've all seen people wheeling a shopping cart down the street, or seen a shopping cart laying on the side of the road somewhere, yards if not miles from the store it came from. But did you know it's a crime? In Washington State, under RCW 9A.56.270, it is unlawful to remove the shopping cart from the parking lot of a retail establshment with the intent to deprive the owner of the shopping cart the use of the cart- or to be in possession of any shopping cart that has been removed from the parking lot of a retailer (with intent to deprive). It's only illegal, however, if the shopping cart has a permanently affixed sign on it that I.D.'s the owner of the court or the store it came from, notifies the public of the procedure to be followed for authorized removal of the cart from the premises, and notifies the public that the unauthorized removal of the cart from the premises or parking area of the retailer is illegal. And the cart must also list a telephone number or address for returning the cart. Happy shopping! (3 Comments |Comment on this)
Thursday, May 5th, 2005
2:42 pm	Gift Certificates Since last June, 2004, it is unlawful for a person or company to issue or enforce against a bearer, a gift certificate that contains an expiration date, any fee (including a service fee), or a dormancy or inactivity charge. If, after purchase, the remaining balance on the gift certificate is less than five dollars, the gift certificate must be redeemable in cash for its remaining value, if requested. But, the issuer of a gift certificate does not have to replace a lost or stolen gift certificate. (Comment on this)
Monday, March 28th, 2005
3:51 pm	You can copyright perfume Taken from "The Journal of The Section of Litigation" put out by the American Bar Association: "Copyright protection now covers everything from product designs to advertising to website content. Overseas, a Dutch court recently granted copyright protection to a particular scent of Lancome perfume. The court reasoned that the scent was not only measurable by the senses but also concrete and stable enough to be considered an "authored work" tht deserved protection under copyright law against cheap knockoffs." from the article, "This Brand is My Brand: Litigating Product Image" by Natalie J. Spears and S. Roberts Carter III. (Comment on this)
Sunday, March 27th, 2005
1:55 pm	Billing Error on Your Credit Card Statement? Federal law provides a way for consumer to properly notify their credit card company if a serious billing error shows up on their statement. The way to do this can be found at: 15 USC Section 1601 et seq. and in 12 CFR 226.13. These are the pertinent sections of the United States Code (search online), and the Code of Federal Regulations (also online). If you properly notify the company of a billing error, they cannot collect on it until it is properly shown under the law to be correct. (Comment on this)
Tuesday, March 22nd, 2005
2:43 pm	Starting a Business? Operating a Business in Washington State: A Business Resource Guide has a lot of great information in it if you are starting a business, or even just thinking about it. The Guide covers getting started, paying taxes, hiring employees, getting advice, getting financial help, and has a resource directory. To order this publication, contact: Department of Licensing Master License Service PO Box 9034 Olympia, WA 98507-9034 Phone: (360) 664-1400 If you require special accommodation, please call (360) 664-1400 or TDD (360) 664-8885. (Comment on this)
Thursday, March 3rd, 2005
3:18 pm	Legal Letters I'm starting a monthly free legal newsletter and need topics. So, what legal questions do you have? What topics are you interested in? Anything helps, thanks! (3 Comments |Comment on this)
Monday, February 28th, 2005
5:06 pm	Tax Time Tips & Wills That Work Cathy Silva of Virtual CFO Solutions will provide useful tips just in time for the tax season on March 5th, 1-2:30 p.m. at KulshanCLT (www.kclt.org). Deborah Frederick of Frederick Law Firm will instruct on the importance of estate planning. March 9th, 6-8:00 p.m. at KulshanCLT. The community is invited to attend these events for free, but pre-registration is required. For more information or to register please call Mary-Jayne Walker at 671-5600X3. For more information about Kulshan CLT visit www.kclt.org. (Comment on this)
Thursday, February 24th, 2005
2:38 pm	No right to counsel for guilty plea withdrawal New Washington State Supreme Court decision: there is no right to counsel for a guilty plea withdrawal if you cannot afford an attorney. So, you can obtain a lawyer before, during, and on appeal, but the government will not lend you one for the withdrawal of a guilty plea no matter how destitute you are and no matter how much you need one. (Comment on this)
Sunday, February 13th, 2005
2:20 pm	Not just a small fib on the 'ol resume? A recent survey of Human Resources Departments at companies reflected that 80% of them ran background checks on applicants (criminal history, credit history). In Washington State you must give permission for these kinds of checks and if something turns up someone from the company must inform you what it was. (Comment on this)
Saturday, February 12th, 2005
12:15 pm	DUI law ruled unconstitutional in two Washington courts Within the past three days a second court in Washington State has ruled the new DUI law (for anyone arrested after June 10, 2004)unconstitutional due to a separation of powers violation. What does this mean? Approximately three courts have already ruled the new law to be constitutional, so the issue will be heard by the state court of appeals or go directly up to the Supreme Court of Washington for hearing. How long will this take? Months. If you currently have a DUI, do not plead guilty-instead have your matter continued until there is an ultimate decision on the viability of the law. This doesn't mean your lawyer shouldn't work hard to get the DUI dismissed on other grounds, in order to relieve you of the stress in a timely fashion, but it's another issue for consideration. It is FAR harder to withdraw a guilty plea than wait and hope the law is ruled unconstitutional. (Comment on this)
Friday, February 11th, 2005
1:51 pm	Is the language of your Last Will & Testament ambiguous? Make sure your will is very clear. In construing a will, the court must ascertain the testator's intent (testator=you) from the "four corners" of the document; the entire will should be considered, and effect should be given to every part. What if the language is ambiguous? Then, a court may admit extrinsic evidence to explain the language of the will only if it finds the testator's intent was ambiguous. What qualifies as ambiguous? The terms of a will or trust instrument are ambiguous if they are susceptible to more than one meaning. Ambiguity in a will must be one of three types before extrinsic evidence is allowed: (1) latent, i.e., ambiguity not apparent on face of document but apparent when applying will to facts as they exist; (2) patent, i.e., apparent on the face of the will; (3) equivocation, i.e., accurate description that applies equally to two or more people with same name or things of same description. Extrinsic evidence can be affidavits, deposition materials, admissions, business documents, etc. The best thing? Make sure your will is clear about what you want. This is the easiest and best way to protect those you love. You don't want them to end up in court arguing over potential ambiguities. (4 Comments |Comment on this)
Wednesday, January 26th, 2005
10:49 am	New DUI Law: Inaccurate Breath Tests are OK Washington State recently passed a new law, essentially making all breath tests admissible as evidence -- regardless of whether the particular breathalyzer was broken, defective, given incorrectly or otherwise inaccurate. Bear in mind that citizens arrested for DUI are usually charged with two separate criminal offenses: (1) driving under the influence and (2) driving with .08% or greater blood-alcohol concentration. The only evidence of the second charge will be the breath machine. And even in the first charge, the defendant is rebuttably presumed guilty if his or her breath test was .08% or higher. In other words, the entire case pretty much hinges on that machine. Problem: law enforcement agencies in Washington couldn't seem to get their acts together in calibrating, maintaining and properly administering the machines. And the legislature just got sick of seeing the courts toss out cases due to questionable breath tests. So....they simply passed a law saying that a breathalyzer doesn't really have to be accurate: it is automatically admissible as evidence. In fact, it can be demonstrably defective -- even completely disfunctional. It doesn't matter: it's "close enough for government work". Enough to prosecute and convict. When scientific truth clashes with the "war on drunk driving", truth inevitably loses. (For another example of law trumping science, see my earlier post, "Truth, Justice...and DUI Politics".) Calling it “fundamentally unfair to our system of justice”, attorney Linda Callahan is leading a legal challenge to the new law. "I do believe the legislature sees the evils inherent in drunk driving,” Callahan says. “But in their effort to stop drunk driving what they have done is cast the net so wide that it draws in even the innocent." Ends justify the means..... Posted by Los Angeles DUI lawyer Lawrence Taylor on 01/17/2005 Discuss Trackback [2] (Comment on this)
Wednesday, January 5th, 2005
10:45 am	Tuberculosis, AIDS and Breathalyzers You lose your license for a year if you refuse to blow, but... If you are arrested for drunk driving, you will probably be transported to a police station and taken to a room where there is a breath machine sitting on a table. There may already be another arrestee sitting at the table, blowing into the machine. When he is finished, the officer will (hopefully) replace the mouthpiece on the tube connected to the machine, hand it to you and say "Blow in here, and keep blowing until I tell you to stop, then wait and do it again". Afterwards, you may find yourself thinking, "I wonder how many people have used that machine today?" And the uncomfortable thought may follow, "I wonder if any of them had tuberculosis?...or AIDS?" If you are in a metropolitan area, maybe a dozen or more suspects breathed into that machine before you; in the previous month, hundreds. And none of them were screened for communicable disease. ITEM....From the Minnesota Department of Health's Facts on AIDS: A Law Enforcement Guide: "Use disposable breathalyzer masks on drunk driving suspects (HIV has been found in the saliva of some HIV-infected patients)...These precautions are also intended to reduce one's risk of becoming exposed to other infectious agents including hepatitis." Assuming that the police do replace the mask/mouthpiece before each test, what about the breath tube? The mouthpiece is connected to a heated tube which carries the breath sample from the mouthpiece into the machine's sample chamber. If microbes can reside in a mouthpiece, they can certainly reside in the connecting tube. And the tube cannot be changed. ITEM....From the manufacturer of BreathScan, a portable and disposable breath testing device: "The BreathScan tester can be used once and then disposed of, minimizing contamination associated with repeated use of non-disposable units (no AIDS cross-transmission)...." (emphasis added) Now ask yourself: If arrested, would you blow into the Breathalyzer? p.s. And while you're sitting there at the table, where do you think all of those tuberculosis germs went when the other guy's breath sample was flushed from the breathalyzer out into the room? Posted by Los Angeles DUI lawyer Lawrence Taylor on 1/3/05; 10:05:43 AM Discuss Trackback [0] (Comment on this)
Tuesday, December 28th, 2004
2:38 pm	Trial by Jury "I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its Constitution." -Thomas Jefferson, 1789 (Comment on this)
Monday, December 20th, 2004
4:10 pm	Child Labor Laws Child Labor Inspections in 2003-U.S. States Total inspections for labor law compliance (including child labor) and inspections finding child labor violations: Total Inspections: 38 states report 62,621 (down from 2002 – 33 states conducting 62,755) Total Inspections Finding Child Labor Violations: 36 states report 14,469 (up from 2002 -- 33 states reporting 6,015 Total illegally employed minors found in 30 reporting states: 4,755 (down from 2002 – 22 states reporting 5,437 minors) Only seven states reported conducting inspections targeting child labor compliance in agriculture with four states reporting finding child labor violations. A total of 75 minors were illegally found employed in three states; one state could not provide figures. 98 percent of all inspections in agriculture were in the states of CA (855 inspections) and FL (3,326 inspections). In total, 39 reporting states collected a total of $1,865,249 for child labor violations (2002 – 39 states reported collecting $2,586,724). Twelve states reported either the state does not exercise authority to assess/collect civil money penalties or the state does not have the authority to do so. The top five child labor violations related to minors engaged in prohibited activities involved: motor vehicle operations (including delivery driving, forklifts); construction (including roofing); food preparation (cooking, slicers, bakery machines); power-driven machinery/saws; and manufacturing. Other Data Eight states reported occupational deaths among minors under age 18 with a total of 10 deaths. Eleven states reported changes in their child labor laws/regulations. Courtesy of Child Labor Coalition at www.stopchildlabor.org/ (Comment on this)
Friday, December 17th, 2004
4:45 pm	Is Your Landlord Making You Crazy? If, as a tenant, you have a complaint and you are currrent in rent and utility payments, you must first give the landlord notice of the complaint. The notice has several technical requirements: 1. it must be in writing. 2. It must contain the address or location of the premises. 3. It should contain the name of the owner of the premises, if known. 4. It should list and describe what is required of the landlord. 5. It should be given to the landlord or someone acting for the landlord, such as the person collecting the rent. Follow this closely. Keep a copy of any notice that is sent or received. The landlord must reply. The time in which the landlord must reply varies, but never more than ten days after receiving notice. The landlord is only required to "commence" the required repairs... (Comment on this)