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  • Get Free Legal Advice from Actual Lawyers at LegalAdvice.com. No, Really.

    In Help, Lawyers, Legal Advice, Law, Legal, Lawsuits, Attorneys, / 23 March 2012 / 0 comments

    Get Free Legal Advice from Actual Lawyers at LegalAdvice.com. No, Really.Lawyers often get a bad rap, but if you're ever in a legal jam, there's no question a good lawyer is the most useful person to have around. LegalAdvice.com provides free answers to your vexing legal questions.

    Post a question to one of LegalAdvice's registered lawyers using the online form, such as this one:

    I have a copyright for my website and have found that an LLC used my information directly from my website and posted it as their own. They even copied my name in one place where it should have been edited as their own name. Can I sue them for infringement?

    And you'll get replies posted such as this:

    Yes. Good evidence of infringement.

    and:

    Certain materials are copyrightable while other materials are not. An idea is not copyrightable but the expression of an idea is. In order to answer your question one would need more specifics as to the nature of the infringement. The fact that they apparently have incorporated your name into the work product is definitely good evidence that you have a claim. I would advise either more facts here or that you obtain an attorney.

    Hey, it's free legal advice. Other kinds of questions and answers deal with DWIs, shoplifting, child support, and so on.

    You can search past questions and answers and locate a lawyer near you if you need more assistance.

    LegalAdvice differs from other free legal Q&A forums because the profiles of the lawyers answering are much more upfront (with email addresses, pictures, and phone numbers), so there's more incentive for the lawyers to give more thorough answers.

    LegalAdvice.com | via Red Ferret

  • Always Know How to Deal with the Gift Card Problems by Keeping These Cards in Your Wallet

    In Know Your Rights, Gift Cards, Saving Money, Gifts, Know Your Rights Cards, Downloads, Legal, Law, Lawyers, / 03 January 2012 / 0 comments

    Always Know How to Deal with the Gift Card Problems by Keeping These Cards in Your WalletYou probably have a slew of gift cards from the holidays, but chances are many will go unredeemed, lost, or somehow unused. To make sure you know your rights in the event of a problem, just print out this foldable card and keep it in your wallet, too.

    You can download a printable PDF card here and cut out the card for your wallet, but read on for the tips you'll find on the cards. We were able to create this card thanks to the help of Joshua H. Camson, Esq., who graciously provided the information.

    Before we get started, know that these rules only apply to retail and merchant cards. Retail gift cards are the ones you buy at a specific store or restaurant and can only be used at that one location (or locations, in the event of a chain store/restaurant or mall gift card). Merchant cards are branded, prepaid debit cards that can be used anywhere that type of card (e.g. Visa, Mastercard, American Express) is accepted. Now that you know, here are your rights:

    • Cards cannot have expiration dates of less than five years from The date the card was initially issued or the date on which funds were last loaded on a reloadable card (whichever date is later). If a card does expire in less than five years, the remaining value can be transferred to a new card at no cost or fee.
    • No dormancy, inactivity, or service fees can be charged unless there has been one year of inactivity on the gift card; and the consumer is given clear and conspicuous disclosure about the fees. No more than one fee is charged per month
    • The card must have a clear and conspicuous notice of either a website or telephone number to obtain a replacement for an expired, lost, or stolen card.
    • A fee cannot be charged to replace an expired gift card, but a merchant can charge a fee to replace a lost or stolen card

    These rules do not apply to:

    • Reloadable prepaid cards that are not marketed or labeled as a gift card or gift certificate.
    • Prepaid cards received through a loyalty, award, or promotional program.
    • Any gift certificate or card issued in paper form only.
    • Cards or certificates useable solely for telephone services.
    • Any card redeemable solely for admission to events or venues or for goods/services in conjunction with admission to an event or venue (e.g., present this certificate for a free hot dog at the next Steelers game at Heinz Field).

    Those are your rights. Just download and print the card to have them in your pocket whenever you need them!

    Know Your Rights Printable Card: Gift Cards (PDF)

  • How to Perform a Citizen’s Arrest and Be a Real Life Superhero

    In Law, Lawyers, Attorneys, Lawsuits, Social, Legal, Legal, Law, Lawyers, / 09 December 2011 / 0 comments

    How to Perform a Citizen's Arrest and Be a Real Life SuperheroPicture this: You're minding your own business when suddenly, out of the corner of your eye, you see someone snatch a purse and start running. Do you chase them down? Maybe you should, maybe you shouldn't. Legally, however, you can, and if you do, you can make a citizen's arrest—but it's good to know your rights first.

    Photo remixed from Alexander Farley.

    In reality, a citizen's arrest isn't as romantic as you probably picture, and it's not without danger, including the potential for physical harm and criminal charges. In fact, our advice would be to avoid making a citizen's arrest in almost all instances. But let's say through some strange twist of fate, you do end up in a situation in which a citizen's arrest is a good idea.

    It's important to know the rules of when and where you can do it, and they vary by country. In the United States, for instance, it's a state statute, so it changes from state to state, with North Carolina being the only state where you cannot make a citizen's arrest. To find out the rules of your state, search the US Government's database of laws for citizen's arrest and the state you're in. We spoke with a law enforcement official to get a better understanding of how a citizen's arrests works. They also add the disclaimer that in most situations it's recommended you do not intervene.

    When You Can Make a Citizen's Arrest

    How to Perform a Citizen's Arrest and Be a Real Life SuperheroThe laws change depending on what state you're in, so it's a good idea to research your state or country's laws before attempting to make one. That said, in almost every state you can make a citizen's arrest when someone commits a felony.

    When someone commits a felony: Generally, it's best to stick with a felony you have witnessed personally, because you can usually only perform a citizen's arrest for a crime you see with your own eyes. Felonies include murder, aggravated assault, rape, vandalism of federal property, and more. In other words, these are situations you need to be very careful in.

    When someone commits a misdemeanor: This is where it gets tricky and where the example of a purse snatcher might get you in trouble. Some states allow citizens to arrest for a misdemeanor. In Colorado, for instance, a private citizen can make an arrest for any crime committed in their presence. However, in Michigan, you can only make an arrest on someone who has committed a felony. If you're not clear on whether a crime is a felony or a misdemeanor, you might want to stick with calling the police and hiding behind a trash can.

    It's not just people grabbing purses, shoplifters, or violent crimes you can make a citizen's arrest for. If your state allows misdemeanor arrests, you have options you might actually run into on a regular day. Some arrests you might not consider initially include:

    • Drunk driving: States differ in their definition of drunk driving, but many only require a driver to be in a car, with the keys in the ignition. If you witness someone clearly intoxicated, this might be one of the safer citizen arrests you can make.
    • Trespassing: If you witness someone breaking into a neighbor's home and can be certain they're not armed, you may be able to help prevent the theft from happening by holding them until the police arrive.
    • Shoplifting: This is going to depend on the type of business, of course, but if you see someone stealing in a store, you can make a citizen's arrest. Just be certain they're stealing before doing it.
    • Photo by Scott LaPierre.

      How to Make a Citizen's Arrest

      If you've come to the conclusion that you can legally make a citizen's arrest, actually making one is not difficult. In fact, all you need to do is proclaim you're doing it, as in, "I'm putting you under citizen's arrest and I have called the police." You should ask yourself some questions first:

      • Am I putting myself in danger?
      • Is it really imperative I act now instead of calling the police and letting them handle it?
      • If I am putting myself in danger, is the payoff to keep other people safe worth it?

      Arresting someone verbally is rarely going to work in the real world. You may need to use force to detain a person. Most states allow you to do so using reasonable force, which means you can tackle someone who is running and then place them in a sleeper hold until the police arrive. Although legal if you witnessed the crime, it is often recommended by police departments that you do not intervene physically. This isn't just to protect you physically, it's because if you attack and detain someone wrongfully, you will be charged for a crime and possibly sued. The trick is to use the least amount of force necessary to catch and detain someone, but make certain you witnessed a crime before doing so.

      That said, if you need to use violence to detain someone, or even deadly force, many states allow it provided it is viewed as reasonable under the circumstances. This is likely not worth your time, but knowing the protection is there might help save you if you get in over your head.

      If You Can Leave It to the Police, You Should

      Most importantly, it's good to remember why citizen's arrests are in the law. The purpose, especially from a district attorney or police officer's point of view, is for citizens to quickly apprehend someone they're seeing commit a crime to avoid that person getting away. If you're witnessing a crime, but calling the police will still catch the perpetrator, you should leave it at that. If, however, they will get away and you feel comfortable intervening, be aware of your local laws before doing so.

      Have you ever performed a citizen's arrest? How was your experience?

  • How Do I Know If I’m Part of a Class Action Lawsuit?

    In Ask Lifehacker, Law, Lawyers, Attorneys, Legal, Help, Lawsuits, Law, Lawyers, / 08 December 2011 / 0 comments

    How Do I Know If I'm Part of a Class Action Lawsuit?Dear Lifehacker,
    I'm hearing about a lot of class action suits lately, and every time I hear about one against a company I've bought stuff from, I wonder if I'm eligible and if taking part in a case is worth my time. How do I find out if I have a product or used a service that qualifies?

    Signed,
    Hoping for Money

    Dear HM,
    It's true, it seems like we hear about new class action suits daily, most recently, Ticketmaster, Carrier IQ, and Hewlett-Packard. A class action lawsuit covers consumer products and services, and acts on the benefit of a class of people or businesses affected. Essentially, they're built so a group of people can work together to sue a company.

    For instance, in the Ticketmaster case above, the ticket seller was accused of inflating ticket processing fees, and in turn, was hit with a class action lawsuit to get the money back to anyone who purchased tickets between October 21, 1999 and October 19, 2011. Figuring out if you qualify is the first step, but we'll walk you through starting your own, the materials you'll need, and making the decision if a class action lawsuit is worth it.

    How to Check if A Class Action Lawsuit Exists and if You Qualify

    How Do I Know If I'm Part of a Class Action Lawsuit?A class action lawsuit goes through several steps before you can participate. Once a trial is approved, a notice period is set, and potential members of the class are notified through a newspaper posting, mail, or email. The notice will tell you how to proceed, but typically, if you receive a notice, you are already part of the case and have to actively opt-out to get out of it.

    You generally have little to lose by being a class member, but if you're not happy with how the case is being handled, you can participate as a named plaintiff with your own lawyer and have a more active role.

    If you don't receive a notice, it does not mean you don't qualify to be a member. If you purchased a products, used a service, or were prescribed prescription drugs that were recalled, you might qualify. If you see a class action lawsuit you feel you were affected by, you need to get in touch with the law office handling the lawsuit to add your name to the class registry. This will ensure you get future updates, including the settlement amount. Generally, attorneys create a landing page for the case where you can find all the information you need.

    If it's a suit involving a product, you may need a receipt to prove ownership, but this varies from case to case depending on the reason for the damages. Often, if a credit card statement explicitly states a purchase (especially in the case of services), the statement qualifies you. You'll find this information in your notice or from the law office.

    Photo by Seattle Municipal Archives.

    How to Start Your Own Class Action Lawsuit

    If you think you have a case and want to be the lead plaintiff for a class action lawsuit, you will need to locate and speak to an attorney. If you need some help finding a reputable lawyer, we've previously covered a few tips. Class action suits require a judge's approval of an attorney before they can move forward, so most law offices specialize (or have a team who does) in class action action lawsuits. Your attorney will verify if you have a case, file the lawsuit, serve the summons, and eventually, if the judge accepts it as a widespread issue, publish the notice to bring in new members.

    Sometimes a class action works in reverse and the law firm will publish an advertisement looking for people affected by an incident or product recall. These are the advertisements you often see on TV asking if you experience negative effects from prescription drugs or treatments. It's a perfectly valid means to bring on new members and if you see one of these you think you qualify for, you should get in touch with the law office right away.

    The Reasons You Might Want to Opt Out of a Class Action Lawsuit

    The main reason to consider opting out of a class action suit is if you want to file a personal claim. Since a class action suit is divided among all participants, you may not receive the compensation you feel you deserve. Alternately, you might find the situation of the class action is changed from your own experience and the class has different interests than you. The notice you receive will describe what you need to do to opt out of the case, which usually requires you to make a phone call or fill out a web form.

    How You'll Receive Payment

    How Do I Know If I'm Part of a Class Action Lawsuit?Different classes produce different results and they vary from case to case. If the case involves defective equipment, you might be entitled to a replacement. In other cases, you get a portion of the settlement in dollars, as it's divided among all members of the suit. In others, like the Ticketmaster case we started with, you'll get a discount on future purchases from the service. You'll be notified of the settlement in the same way as you were the suit. You need to submit a claim form that proves you were affected by the case and you'll receive your compensation.

    While starting your own class action suit can be far more difficult, participating in a preexisting one isn't hard at all, and unless you plan on suing for more damages, requires almost no effort on your part and has few reasons to opt-out. Have you ever participating in a class action lawsuit? What were the results?

    Photo by Dustin Moore.

    Sincerely,
    Lifehacker

 
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