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      All articles — page 5

      The full library in alphabetical order, across every area of law.

      Immigration Filings

      Keeping a Complete Copy of Everything You Send

      A retained file should reproduce the filing page for page, together with the delivery record, the payment evidence and every notice received. The administrative record held by the agency is the basis for decisions and can be inspected, but obtaining a copy takes time that a response window rarely allows. Later motions, appeals, corrections and repeat filings are all built from the retained copy, and a filer without one is arguing from memory.

      6 min readFederal law

      Prices & Gift Cards

      Layaway Deposits and an Abandoned Purchase

      Layaway is a sale where the buyer pays in installments and the seller holds the goods until the price is paid. Because no credit is extended and no finance charge is imposed, federal lending disclosure rules generally do not apply. Several states regulate layaway directly, requiring a written agreement covering the deposit, payment schedule, cancellation terms, storage of the goods and what is refundable. Elsewhere the contract terms govern.

      6 min readFederal and state

      Immigration Filings

      Letters of Support and What an Officer Does With Them

      A sworn statement is a voluntary declaration by a person with personal knowledge of the events described. Agency guidance treats such statements as tertiary evidence, accepted where neither primary nor secondary evidence exists or can be obtained, and requires two or more in that situation. Going on record without supporting documentary evidence does not meet the burden of proof, so a statement works best alongside documents rather than instead of them.

      6 min readFederal law

      Court Without a Lawyer

      Making a Witness or a Document Appear

      A subpoena is a court order commanding a person to attend and testify, to produce documents, or both. In most courts the clerk issues a blank form that the requesting party fills in, and it must be hand delivered by an adult who is not a party. Federal Rule of Civil Procedure 45 requires attendance and mileage fees to be tendered at the time of service. Failure to obey a properly served subpoena is punishable as contempt.

      6 min readState law

      Salons & Personal Care

      Massage Establishment Permits

      Most states license massage therapists individually and license the premises separately as a massage establishment. The establishment application typically requires background screening of owners and managers, a designated manager who practices at the location, employee and client records, and compliance with premises conditions. States commonly preserve local authority over land use and business permits, so a city permit with its own conditions sits on top of the state license.

      7 min readState law

      Bail & Release

      Modifying a Release Condition After It Is Set

      Conditions of pretrial release are set by a judicial officer and can be amended by one. A motion to modify identifies the condition, explains why it no longer fits, and proposes a specific alternative. Federal law requires conditions to be the least restrictive that will reasonably assure appearance and community safety, and permits a judicial officer to amend conditions at any time. Ignoring a condition rather than applying to change it can lead to revocation and detention.

      6 min readState law

      Child Care & Camps

      Nannies and Care in a Family's Own Home

      Child care given in the child's own home is commonly exempt from state child care licensing, and federal rules recognize the same category. What replaces licensing is employment law. A nanny is a domestic service employee entitled to the federal minimum wage and, unless living in the household, to overtime after forty hours. Casual babysitting is narrowly defined and does not cover someone whose vocation is child care. Household employment tax obligations run alongside.

      6 min readState law

      Court Without a Lawyer

      Objecting to a Subpoena Aimed at You

      A person commanded to produce documents may serve a written objection before the earlier of the compliance date or the period set by rule, which suspends the duty to produce until a court orders otherwise. A motion to quash or modify asks the court to cancel or narrow the subpoena. Federal Rule of Civil Procedure 45 requires a court to quash a subpoena that allows unreasonable time, exceeds geographic limits, demands privileged material, or imposes undue burden.

      6 min readState law

      Movers & Moving

      Packing Done by You Compared With the Mover

      A carrier is liable for loss or damage occurring during transportation of the goods on its bill of lading, but certain shipper actions reduce that liability. Cartons packed by the owner are inventoried as such, and concealed damage inside them is hard to attribute to the carrier without external evidence of mishandling. Dangerous and perishable articles hidden in a shipment fall outside the carrier's liability, and high-value articles must be notified in writing.

      6 min readFederal and state

      Bail & Release

      Paying Cash Compared With Using a Bond Agent

      Cash bail is the full amount paid to the court, refundable when the case concludes and the bond is exonerated, subject to deductions the court may take. A surety bond is bought from a licensed bail agent for a premium that is earned on release and is not returned regardless of outcome, and the agent may also require collateral and a cosigner. Some states offer a deposit option where a percentage is paid to the court instead.

      6 min readState law

      Court Without a Lawyer

      Paying Court Fees by Installments When a Waiver Is Refused

      When a court refuses a fee waiver, the order normally explains why: income above the limit, missing information, or a finding that the applicant can pay something. Most state courts may grant a partial waiver, order the remainder paid in installments, or set a hearing before deciding. A fresh application on corrected figures is generally allowed, and a waiver granted later can be applied to fees not yet incurred rather than refunding what was already paid.

      6 min readState law

      Immigration Filings

      Paying the Right Fee and What a Wrong Payment Does

      A benefit request must be submitted with the correct fee, and an incorrect amount is one of the four grounds for rejection at intake. Fees must be remitted from a bank or other institution located in the United States and paid in U.S. currency, using the method prescribed for that request and filing location. A package containing several forms may require several fees. Where a shortfall is found after acceptance, the request may be rejected or denied and an approval revoked on notice.

      6 min readFederal law