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1 Answer | Asked in Real Estate Law for Alabama on
Q: WRT Votes from HOA members, is signing a petition considered a vote? The petition is to remove existing board members.

Our HOA documents say the board can be removed with or without cause at any time with a majority vote from association members. There are enough signatures on a petition agreeing that a new board should be put in place and the old board removed to meet the majority. The committee formed to... View More

James L. Arrasmith
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answered on Dec 4, 2023

In the context of an HOA (Homeowners Association), whether signing a petition is considered a formal vote depends on the specific bylaws and governing documents of your HOA. Typically, these documents outline the procedures for voting, including how votes can be cast and what constitutes a valid... View More

1 Answer | Asked in Civil Litigation for Pennsylvania on
Q: Is this cause for a lawsuit?

We parked in a lot for a Steelers football game. It looked legit but the parking lot attendant taking money did not own the lot. We went to get our car and it was towed at our expense. The fraud lot attendant did get arrested and we were told that after their trial we would get refunded the money.... View More

James L. Arrasmith
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answered on Dec 4, 2023

In this situation, considering a lawsuit is understandable given the inconvenience and expense caused by the fraudulent parking lot attendant. The fact that the attendant was arrested and a promise of refund was made indicates acknowledgment of the wrongdoing.

For a lawsuit, you would need...
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1 Answer | Asked in Criminal Law for Georgia on
Q: Can D.A add charges to indictment that I was not arrested for

Was arrested for misdemeanor assault, State added felony false imprisonment to indictment.

No arrest warrant executed by law enforcement for felony, yet only misdemeanor warrant exists. Can Da legally do this

James L. Arrasmith
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answered on Dec 4, 2023

In criminal proceedings, it is possible for a District Attorney (D.A.) to add charges to an indictment that were not part of the initial arrest. This can happen if, during the investigation or preparation for trial, additional evidence comes to light that supports more serious or additional... View More

1 Answer | Asked in Education Law for Michigan on
Q: If a parent request a child be moved to another teachers class and the school refuses, is there anything the parent can?

The teacher has a very odd relationship with my daughter that me and my wife are not ok with and have asked for her to be put in another class. Not only did the principal refuse but so did the superintendent.

James L. Arrasmith
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answered on Dec 4, 2023

In situations where a parent's request to change their child's class is refused by a school, there are still steps that can be taken. First, it's important to document all concerns and the reasons for the request in writing. This creates a formal record of your concerns and the... View More

1 Answer | Asked in Copyright, Trademark and Intellectual Property for California on
Q: Would a book about holistic pet recipes, be an infringement on a trademark of "An holistic approach to pet food; TM"?

Serial Number 77220947, Registration Number 3433513. Artemis pet food co. Inc, Carson, CA.

James L. Arrasmith
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answered on Dec 4, 2023

When evaluating whether a book titled "Holistic Pet Recipes" would infringe on the trademark "An Holistic Approach to Pet Food; TM," several factors must be considered. Trademark infringement generally occurs when a new product or service creates a likelihood of confusion among... View More

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