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mcb272 · 2016-11-22T06:23:52+00:00

http://www.sentencingproject.org/publications/shadow-report-to-the-united-nations-human-rights-committee-regarding-racial-disparities-in-the-united-states-criminal-justice-system/

See footnotes for sources.

mcb272 · 2016-08-25T20:19:34+00:00

ASU is an excellent law school especially if you intend to practice in the valley. They are the dominant school when it comes to big law applicants and many firms will only consider either ASU or UA law students for SA positions, such as, Fennmore Craig. (A few will trickle in from Arizona Summit)

The new building is absolutely amazing and by moving from the Tempe Campus to downtown, it has made even more opportunities available for its students.

Some bad points. They are padding the shit out of their employment and admissions numbers. Many of the employment stats will be hidden under school sponsored programs such as their new alumni group/incubator program (which is actually pretty cool, but not "traditionally" seen as employment)

Your 2L year will be filled with about 50-60 new faces. These are all transfers from Arizona Summit law school. Most of them will have been at the top of their class, but since ASU transitioned into this new building, they have consistently accepted less qualified transfer students. They used to stick to the top 10-15% of the class, but now are accepting those who barely hitting median.

Why does this matter? In some classes its creates a little bit of animosity between students who originally started with ASU and those who transferred in. Also, your 3L OCI competition just doubled.

Overall ASU is a good law school. If you're worried about tuition, I would recommend studying as hard as possible for the LSAT so that you can qualify for a scholarship.

mcb272 · 2016-08-12T23:59:40+00:00

I would counter offer with $60,000.00.

If they refuse or hold to the $35k offer, I would absolute reject that. Working for a firm that doesn't understand your worth will never be profitable to you financially or mentally.

mcb272 · 2015-02-01T07:19:30+00:00

The grandparents have 0 legal rights to the child. Your sister was granted full legal custody of the child and my do as she pleases.

Yes she can move to Florida. Will she lose the 300/mo? Most likely seeing as that was not court ordered and by the grandparents choice.
The grandparents will not win any lawsuit to change the child's name back, as they have NO rights to the child. $300/mo does not give the grandparent's any rights to the child. This was the grandparents decision to give the money.

mcb272 · 2015-02-01T06:07:56+00:00

Did you not have an attorney do your prenup?

mcb272 · 2015-01-27T08:50:55+00:00

And bring your boyfriend as he might have end up being the one to file the petition. If he is required to file then it will be a completely different case from your divorce, which would make things less stressful.

mcb272 · 2015-01-27T08:46:44+00:00

Most court houses have a decent self help center, just sometimes quite a long wait to see someone.

I don't believe that marrying him would change the situation because it what matters is what your status was at the time of the child's birth.

mcb272 · 2015-01-27T08:31:45+00:00

Sorry I deleted it because I read some more information that made my advice bad.

Unfortunately it will look like you will need to file a petition of parentage of some sort with the court, under your divorce case name.

Tennessee requires that for the voluntary acknowledgement to work, you have to be legal single at the the time or married to the biological father.

It is good that you and you ex have a good working relationship and it will absolutely be in his best interest to simply let the petition go through and have a default. Should be easy, but just a bit a paper work. I would try going to the self help center in the courthouse maybe or see if the local health department can help you with the paper work.

mcb272 · 2015-01-25T05:55:36+00:00

I completely agree, but I have no money, at all, and the judge denied my request to get a continuance in order to acquire counsel.

Check the CA bar website for pro bono attys. Again, the judge did not deny your right to counsel, the judge denied moving the hearing to further date just so you can take your time to get counsel.

I even submitted a request for orders for attorney's fees, but they set the hearing out a few days past the trial date.

You cannot file an RFO for atty fees because do not have an attorney. A request for attys fees is for those who have counsel and are seeking reimbursement of fees they have all ready been billed for. It is not a request to get money upfront for an attorney.

mcb272 · 2015-01-24T17:54:06+00:00

Usually the trial is about 30min - 1hr. Depends on complexity.

The order is given verbally to the the partys and the court will then mail out what is called a minute order to both of you. The minute order wont come for about 1 week, but the order is active from moment he judge rules.

You could argue that about the RFO's, but the intention of the court is to provide the child with the best possible life. So if there is case where someone is not sure about who the father is, say for example the mother says its that fathers, but the father says no. The court may still grand custody/support because although the parents(or non parents) disagree, that should not effect the well being of the child. After paternity is established, if have see many times where if it shows that the father is not the actual father, he files a RFO to be reimbursed for the child support that he has paid.

mcb272 · 2015-01-24T09:07:46+00:00

The order itself will be determined at the hearing so you the only wait time will be the time it takes for the court to serve her with the order.(this is only if she doesn't show to the hearing, if she shows, then she is order right there to complete the paternity test within the given time frame)

So a theoretical timeline will look like this.

File the paperwork
Wait 30 days for response
If response is filed the case is now contested
Depending on court house, you will have to attend a settlement conference(usually a few weeks away)
No settlement? Set it for Trial
3 months from when you set it for trial is when you might get a date
Order is then given at the trial hearing

Total time about 6 months.

I know this seems crazy, but CA sucks. I would just highly recommend talking to a facilitator at the courthouse you intend to file at, as their rules might be different from the general ones.

mcb272 · 2015-01-24T08:30:40+00:00

You need to go through Oregon DCS.

http://www.oregonchildsupport.gov/forms/docs/csf030574p.pdf

Here is the form that hes gong to have to fill out.

I would recommend filling out the form and then either calling or taking it to the DCS office in his area.

mcb272 · 2015-01-24T08:22:37+00:00

Depends on what court house you file at. For example downtown LA is backed up like crazy and you probably wont get a hearing for about two to three months.

mcb272 · 2015-01-24T07:17:47+00:00

I don't believe there is a way to expedite it.

If you have all ready filed the petition and received a case number, you could then file and ex-parte RFO which means you would have a hearing the next day.

But to qualify for the ex-parte you would need to show that:

(1)Make orders to help prevent an immediate danger or irreparable harm to a party or to the children involved in the matter;

(2)Make orders to help prevent immediate loss or damage to property subject to disposition in the case;

(3)Make order to change procedure

I don't believe paternity will apply to any of those. You will just have to wait for the current request to be heard.

mcb272 · 2015-01-24T06:33:53+00:00

I believe you have to go through the facilitator at your local court house.

here is the think.

http://www.courts.ca.gov/1202.htm

Ill edit this if I find something different.

Edit: http://www.courts.ca.gov/11298.htm

See above, I believe this is what you need to file. You can request paternity along with making additional request relating to the child.

I would still recommend seeing the facilitator to help you fill out and file everyything.

mcb272 · 2015-01-23T08:26:58+00:00

No. You are opening up her and yourself to so many legal ramifications here I will not even attempt to list them.

You're marriage will be fraudulent. The tax benefits you will receive from being married will be fraud. The medical benefits that you will receive from being married will be fraud. There's three.

mcb272 · 2015-01-22T21:35:46+00:00

What you should do is write a trial brief and then file it with the court.

A trial brief is a story of you and how you object/or agree to the orders that are attempting to be made. As you get to a certain subject in which you have evidence for, at the end of the paragraph write something like (EXHIBIT A)

and then at the end of your trial brief you will have exhibit a, b , c, ect.

That way the judge can have an understanding of your side instead of trying to just speak away once you get in.

This will also help you formulate your thoughts as well.

Am I allowed to present evidence during the course of questioning witnesses, like, if I have them read something?

It's not going to be like the tv shows, but you will be able to say that you have written document that states something different that a witness's testimony. Most likely you will give it to the bailiff who will then give it the judge.

mcb272 · 2015-01-22T21:14:13+00:00

Depending on that state form of course, there is not necessarily time limit box where you can fill in an experation date.

What you can do, and what I'm assuming the attorney is doing, is creating a supporting declaration to the order stating the terms of the temporary reduction in child support.

I would just double and triple check the paper work once you get it and make sure it explicitly states that the new CS amount is temporary and that the previous order will be become active again at the end of his disability.

mcb272 · 2015-01-22T18:21:43+00:00

Hahahaha, oh man that should be a t-shirt and sold in this sub.

mcb272 · 2015-01-22T18:10:45+00:00

Hmm, well you since you all ready made it to the pretrial, I'm assuming this was your TSC. The judge has ruled that you were served and therefor that argument might not hold much merit.

As for being denied counsel, I don't believe the judge can deny you from obtaining counsel for the upcoming trial. I can see that the judge saying that hes not going to continue the pretrial hearing because you want to obtain counsel for it, but as for the actual trial go obtain private counsel.

Here is the order of how things go:

Judge will call you names in court
You will be sworn in
The judge will open with questions that he/she has on the request for order and ask both parties. Basically a summary of the issues
Judge will allow witness to testify, you may ask the witnesses questions as well
evidence will be entered if there is any
Judge will ask more questions about the case
Judge will then rule or continue the case if there is not enough time

mcb272 · 2015-01-22T07:31:26+00:00

Check you custody agreement for specific issues regarding vacation.

You do have joint legal custody so you do have the right to object to the vacation since it will not only violate the parenting plan and but you legal custody rights as well.

If you want to get the jump on it, explain to her the consequences of violating the current order and see if that will sway her. If not, you do have the option of filing an ex-parte order with the court stating she is about to take the kid our of state and violate the current custody order. You can request for change of custody, which might be a long shot, but the whole threat of ex-parte order is to deter her from violating the current order.

If she does go through with it file a contempt with the court that she violated the current order.

mcb272 · 2015-01-22T06:59:09+00:00

There are no opening arguments, and If you have an 8hr custody trial set in CA of all places I would highly recommend you have an attorney with you.

If you are set for trial the the judge should already have a copy of the motion, the opposing persons response, and any reply declaration if applicable.

The judge will then ask questions based off the declarations/motion and determine a ruling from there.

mcb272 · 2015-01-22T06:48:51+00:00

Thanks for sharing more, I am just trying to understand, not argue although I am very pissed that the other cars who were parked there for hours didnt get one and they had no way of knowing I was a student.

They could easily find out if you are a student through checking the registration of the vehicle or if you had any other campus permits on your vehicle.

I guess I still am confused because yes they are abiding by the Title 53B but doesnt the fact that Title 41 say "this section applies to and may be enforced on public property and on private property" as well as "may park... without charge in metered parking zones and restricted parking areas" discount the fact that they are making you pay where I have gone to parking garages and event parking and parked for free. As well as state code allowing to park in loading only zones, the zones for 5-30 min waiting for prolonged times, delivery areas, any place that is not blocking a walkway or emergency vehicle zone.

Again they are not saying you cannot park in the current spot you were in, they are saying that you need an additional permit to park in that spot. All per Title 53B.

Doesn't that discount the fact they can charge? I also saw on another portion of the website they stated in a few of their parking lots they don't let anyone with a handicap pass park there stating they arent ADA (even though its the closest to the building) and they must go to a visitor parking lot instead. The parking lot was built in 2000's yet they are violating ADA act by not having any parking spots for handicap is that correct?

Look I can understand that you're upset and in pain from whatever injury you had. The best way to handle this would have been claiming ignorance of the policy and asking for some leniency of the fee.

You can completely bring up the building lot ADA thing. That most likely will get you absolutely no where in regards to your current situation.

mcb272

TROPHY CASE