EDUCATION LAW ADVICE PREVIOUSLY POSTED ON LAWGURU.COM
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FREE LEGAL ADVICE GIVEN IN
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=956042085
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Category:
Consumer Law
Location:
TN
Subject: Is it Fraudulent
Im
in California, I purchased gemstones from Tennessee, on a tv shopping network..They advertised them as
top of the line stones, worth 1299.99, there were two, but when I took them for
appraisal. The gemologist said, they were garbage.The lowest quality, and worth nothing compared to purchase
price. On the tx they showed grade A, but I received grade z. On both. What
should I do??
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=263182608
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Category:
Consumer Law
Location:
TN
Subject: Re: Is it Fraudulent
I
hope you were smart enough to pay for gemstones with a credit card and not with
cash or money order. If you did the
former, then contact your credit card company immediately and contest the
payment. If you did the latter, then
you can file complaints with a dozen different fraud websites on the
Internet. If you want to sue the
company for fraud, you can do that.
However, you would likely have to represent yourself Pro se (without a
lawyer), because the cost of legal fees would outweigh the value of your fraud
losses recovered in the suit. For Pro
se assistance, go to http://michaelguth.com/prose.htm
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=369704305
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Category:
Consumer Law
Location:
TN
Subject: car repairs
I
am serious about taking a shop mechanic to small claims court for not fixing my
vehicle. I paid $795.74 to have what
ever they identified as needing to be fixed.
I picked up my car and discover after about 4 blocks of driving that the
same problems existed. Upon struggling
home with my car, I notifies the car dealer mechanic about my problems. Now they are asking for $161 for original
Honda parts for my Honda Accord LX, 1993 to replace new off brand spark plugs
and wires that were put on my car this past Feb 04. I believed I have a case because my car is still not working due
to their misdiagnosis and now they are still guessing and the only excuse they
are providing me is to replace new sparks plugs and wires for Honda original
parts.
please
advise.
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=960112064
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Category:
Consumer Law
Location:
TN
Subject: Re: car repairs
At
present, it is your word against a mechanic's, and a judge will assume a
mechanic knows more about cars than you do.
Therefore, you need to generate evidence by having the mechanic specify
in writing that he wants to change your spark plugs and wires. Then you will need to have written proof
that you installed new ones in February.
Next, you will have to take the car to another mechanic and have the new
mechanic specify in writing (1) what is wrong with the car, and (2) whether a
reasonable person as a mechanic would have discovered that problem with the
last inspection. Winning a court case
involves which side can put on more persuasive evidence.
Mike
Guth
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Question:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=947929082
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Category:
Computer & Technology Law
Location:
FL
Subject: Illegal us of custom software
6
months ago, a former client of mine requested that I create a custom content
management system for one of his clients. The program was completed in the same
month, less any added revisions that he requested after the project was
completed. The project was put on hold for revisions and some additional ecommerce
setup that needed to be added in due to my client's client disappearing for a
while. 6 months after the fact my former client now refuses to pay for the
services rendered and I was informed he will be using the custom programming I
had done for him anyway even after I requested that he either pay for the
programming that was done or remove the code from his server. He has decided to
do neither. I do have a full copy of the code that was programmed on cd as well
as samples of previous work that can prove that the code was from the same
programmer I use. I also have a statement that proves that i personally paid my
programmer $300 for this code that my client refuses to pay me for. I am told
that my former client's client has recently returned and they will be using our
code on the client's new server. Is there something that can legally be done
about this?
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Reply:
http://www.lawguru.com/cgi/bbs/mesg.cgi?i=482762281
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Category:
Computer & Technology Law
Location:
FL
Subject: Re: Illegal us of custom software
You
don't mention anything about having a written contract for this work. Unfortunately, if you try to sue without a
written contract, the case will likely to deteriorate into a "sworn under
oath" match between the two parties.
If you want to scare your former client, then you can file suit against
him in small claims (General Sessions) court for the county where he is
located. However, the court filing fee
is about $120, so you might be adding to your losses -- including time spent on
the case and waiting to appear in court.
=========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=442388272 =========== Category: Education Law Location: NE Subject: Ordinary Person Test What is the ordinary person test? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=654721685 =========== Category: Education Law Location: NE Subject: Re: Ordinary Person Test You need to provide more context for your question. Tennessee, like most states, uses a "reasonable person test" to determine if dangerous conditions were foreseeable in the torts area. Perhaps if you provide more detail about where you came across the ordinary person test in the context of education law, a Nebraska lawyer will be able to answer your question. =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=12829292 =========== Category: Education Law Location: WV Subject: Refuse to change my son's teacher My son is in the 7th grade and next semester will have this teacher for Art. I have requested him have another teacher but the board tells me that she is the only teacher in that school who qualifies to teach Art. And that it is manditory he have it. I do not want him to have this teacher. She and I have had it out more than once over my daughter. She is one of those verbally abusive teachers who degrades and puts children down. She has hurt my daughter more than once. I don't want her to have the opportunity to hurt my son. As sure as I am sitting here she will try because she knows that is the only way to get to me is through my children and that myself and other parents have been to the board but she is never repremanded. Is there anything I can do? The board knows the things this woman has done but yet they back her. Please, is there anything I can do? How can I protect my son? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=113624076 =========== Category: Education Law Location: WV Subject: Re: Refuse to change my son's teacher I can only comment on federal law. If you are dealing with a public school system, then you have due process rights -- both substantive and procedural -- under the 14th Amendment to the U.S. Constitution. Are you smart enough to learn about the law on your own and file a lawsuit against the school system? At this point, you don't have much to lose from pursuing litigation -- aside from the court costs. The fact that you have a personal grievance does not disqualify the art teacher. You would need documented evidence and students with the tenacity to testify in court as to her abusive and demeaning manner. If you don't have that kind of evidence, then it amounts to a personal grudge against this particular teacher. In that case, I would not recommend filing any suit. You can find out what non-legal administrative remedies you have -- whoever licenses her as a teacher must have a grievance process or your local school superintendent. If you pursue an administrative grievance at the start of the semester, she will probably leave your son alone out of fear that what she says might show up at the grievance hearing. Mike Guth http://michaelguth.com/prose.htm =========== Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=806501816 =========== Category: Credit, Debt and Collections Law Location: TN Subject: student loan I defaulted on a student loan. But UNIPAC sent me a letter stating that my loan was paid in full. I know techinally it is not ethical to dodge a debt, but can I get out of my default status with this? =========== Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=838192598 =========== Category: Credit, Debt and Collections Law Location: TN Subject: Re: student loan UNIPAC sent you a letter saying your loan was paid in full in error. Therefore, it is possible that UNIPAC will send you a subsequent letter saying that they found their error. The letter you are holding provides justification in not making further payments on your student loan until the matter is clarified. However, once corrected or clarified, UNIPAC may try to charge you interest saying that you should have reasonably known you still had a defaulted student loan. An error by the loan administrator will not extinguish your debt obligation; however, it may buy you some time to try to earn enough income to repay the loan. If the loan administrator does not catch the error within six years, then arguably the statute of limitations will run on the breach of contract (failure to repay a loan as per contract) cause of action.