legal Free Legal Advice

[jake_roxas]

thanks for your very usefull info.

 

i hope you don't mind if ask some more additional info. namely, does the fact that the rider does not have any license and that his motorcycle isn't registered hold any weight in court? secondly, does the release they signed become invalid since i wasn't able to process the insurance claim when they decided to file a case against me instead?

 

i really wanted to settle and i offered a very decent amount. but they refuse to accept and demanded an amount i really couldn't afford. the case is now with the quezon city fiscal and we'l have our first hearing on tuesday.

 

maraming salamat po.

 

1. may we know the exact wordings of the release? thanks.

2. does the fact that the rider does not have any license and that his motorcycle isn't registered hold any weight in court? - it has been held that the violation of a statute or regulation which imposes a specific requirement to omit or to do an definite act is NEGLIGENCE per se.

[jake_roxas]

Thanks for that bit of clarification fauxhead. Too bad jake couldnt make it himself

 

Dont worry gents, this intellectual (I hope) skirmish between jake and I wont go overboard. Im just honestly and genuinely wondering if he is a law student or a practitioner and Im waiting for his response. :hypocritesmiley:

 

For whatever it is worth, the Revised Penal Code provides:

 

"Article 3. Definition. — Acts and omissions punishable by law are felonies (delitos).

Felonies are committed not only by means of deceit (dolo) but also by means of fault (culpa).

There is deceit when the act is performed with deliberate intent; and there is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill."

 

Going by the definition, it appears that felonies may also be committed by means of fault (wrongful act results from imprudence, negligence, lack of foresight, or lack of skill) as in the case of culpable felonies.

[jake_roxas]

now next question please...

[Sweetie_Mar]

I visited this room five times already and I found this thread very informative. Nice thread

I have a very limited knowledge about law and I want to gain more information from you guys.

I just had a bad impression on our justice system here in our country but still believing there still a true justice and a legal system.

[Sweetie_Mar]

I visited this room five times already and I found this thread very informative. Nice thread

I have a very limited knowledge about law and I want to gain more information from you guys.

I just had a bad impression on our justice system here in our country but still believing there still a true justice and a legal system.

[Roubaix]

To Jack and Jake,

 

Mga Pare, tama na. You are creating friction where there should be none. Let us show MTC that lawyers not just avoid tussles but also don't create them. Someone asked for help because he hit a motorcycle and it went up to the definition of tort, quasi-delict, criminal negligence. Most readers won't understand what the heck you guys are arguing about. So, if there is a disagreement, just use the PM and waste internet time there.

 

Whether you are practioner or a law student, what people need here is the proper legal advice on what to do next in a practical sense. It should not be about how the caption does not fit the allegations in the complaint or information.

 

So, let there be peace on MTC and let it begin with you guys.

 

:cool:

[jake_roxas]

is it now prohibited to discuss legal concepts in relation to real life legal problems?

[agentjackbauer]

I hear you panero Roubaix. As for law student Jake, be patient my dear lad. I've been wanting to respond to your very revealing (and erroneous) statements (ex. there is such a thing as a civil case for murder) but work prevents me. Although everyone is free to give legal advice to people here in MTC, yours must be taken with caution because it is not derived from the actual application of the law. Kumbaga, libro libro ka lang, mali pa. I will show you why in my next post. As for now, magbasa ka na in advance ng mga isasagot mo ha, hane.

 

Peace Paneros!

[jake_roxas]

thanks jack, i will be waiting though looking forward to reading your posts. i always learn a lot from practitioners like you and the rest of the practitioners here in the legal thread. the legal thread has been intellectually stimulating thanks to guys like you. this thread will never be the same without practitioners like you.

 

meantime, good luck in your work. and i hope you can take a short break from the pressures of law firm life to devote at least some attention in instructing the lovers of the law.

[jake_roxas]

I visited this room five times already and I found this thread very informative. Nice thread

I have a very limited knowledge about law and I want to gain more information from you guys.

I just had a bad impression on our justice system here in our country but still believing there still a true justice and a legal system.

 

thanks to jack, otherwise, this thread would have never been as most informative as it is today.

[deejay4]

mga bro... i need your help badlyyyy....

 

meron akong frend from US... gamit nya DELL laptop...

 

nag-system restore kami using the second earliest time na checkpoint...

 

ang naging resulta, black screen na may lumabas na ganito, "error loading operating system"

 

tapos ni-restart... ganun parin...

 

ano kaya reason bakit nagkaganun?

 

ano dapat gawin para makapasok na ulit sya sa OS nya na Windows XP Home Edition?

 

and also... burado na kaya lahat ng files nun?

 

mga bro.. pls help us kung ano dapat gawin... pls...

[bonito99]

To Jack and Jake,

 

Mga Pare, tama na. You are creating friction where there should be none. Let us show MTC that lawyers not just avoid tussles but also don't create them. Someone asked for help because he hit a motorcycle and it went up to the definition of tort, quasi-delict, criminal negligence. Most readers won't understand what the heck you guys are arguing about. So, if there is a disagreement, just use the PM and waste internet time there.

 

Whether you are practioner or a law student, what people need here is the proper legal advice on what to do next in a practical sense. It should not be about how the caption does not fit the allegations in the complaint or information.

 

So, let there be peace on MTC and let it begin with you guys.

 

:cool:

 

Correct!

 

We try to give the best possible advice to people. Not lectures.

 

Moving on.

[Waterbearer]

I got a question..... :boo:

 

My Friend's brother's father is a british born Australian permanent resident with properties in Adelaide. He is the legitimate father of my friends brother as his signature is affixed in the birth certificate. The father has ceased contact with his son. The son is currently 24 years old and he was born in Dec 1982.

 

Does he have a right to claim British citizenship by blood or an Australian citizenship?

 

What steps does he need to accomplish?

Edited September 26, 2006 by Waterbearer

[magnus]

Hi. I hope you could help me.

 

My friend has a lawyer husband who she claims is cheating with his secretary(whats new?). From what I learned, nothing sexual is happening between the lawyer and the mistress (if we can call the other woman that). They do however go out of town together, go to bars and restaurant together and flirt at the office.

 

A confrontation has happened between my friend and the secretary. The secretary still refused to leave her work and the lawyer don't want to fire her claiming the secretary might file a labor issue (yeah right!). The secretay seems to be benefitting financially from the relationship hence she wants to stay in that office.

 

What could my friend do? What leverage could she get? Especially since nothing sexual is happening between the two "lovebirds".

[Waterbearer]

Hi. I hope you could help me.

 

My friend has a lawyer husband who she claims is cheating with his secretary(whats new?). From what I learned, nothing sexual is happening between the lawyer and the mistress (if we can call the other woman that). They do however go out of town together, go to bars and restaurant together and flirt at the office.

 

A confrontation has happened between my friend and the secretary. The secretary still refused to leave her work and the lawyer don't want to fire her claiming the secretary might file a labor issue (yeah right!). The secretay seems to be benefitting financially from the relationship hence she wants to stay in that office.

 

What could my friend do? What leverage could she get? Especially since nothing sexual is happening between the two "lovebirds".

Women have strong intuitions. If she says there's something going....then there must be something going on......Have her hire a private investigator....otherwise i don't think there's much she can do.

Edited September 26, 2006 by Waterbearer

[bonito99]

It's just a marital spat, for now.

[Roubaix]

is it now prohibited to discuss legal concepts in relation to real life legal problems?

 

Where did that question come from? Left field?

 

What is the basis for this question? I never made mention on prohibition of legal advice just on the stupid banter which you want to promote.

 

That question is the basis of why law is studied. Lawyers are made to make the laymen understand the law and RELATE it to the problem/situation at hand.

 

Now, quit it. I already asked for injunction on the fight you have and still you poke at it.

 

Please, tama na. Just give useful advice to people who need it. Now, I just gave you one.

 

Peace Bro.

[magnus]

money that should go caring for my friends special sick child now is limited because it goes to the mistress. and she at the brink of an emotional breakdown.

 

should i just tell her that its just a marital spat?

 

It's just a marital spat, for now.

[bonito99]

money that should go caring for my friends special sick child now is limited because it goes to the mistress. and she at the brink of an emotional breakdown.

 

should i just tell her that its just a marital spat?

 

 

legally, yes.

 

You need to prove each and every claim you have said.

 

Otherwise this is just between the husband and the wife.

[jake_roxas]

I got a question..... :boo:

 

My Friend's brother's father is a british born Australian permanent resident with properties in Adelaide. He is the legitimate father of my friends brother as his signature is affixed in the birth certificate. The father has ceased contact with his son. The son is currently 24 years old and he was born in Dec 1982.

 

Does he have a right to claim British citizenship by blood or an Australian citizenship?

 

What steps does he need to accomplish?

 

place of birth of the son?

[jake_roxas]

Hi. I hope you could help me.

 

My friend has a lawyer husband who she claims is cheating with his secretary(whats new?). From what I learned, nothing sexual is happening between the lawyer and the mistress (if we can call the other woman that). They do however go out of town together, go to bars and restaurant together and flirt at the office.

 

A confrontation has happened between my friend and the secretary. The secretary still refused to leave her work and the lawyer don't want to fire her claiming the secretary might file a labor issue (yeah right!). The secretay seems to be benefitting financially from the relationship hence she wants to stay in that office.

 

What could my friend do? What leverage could she get? Especially since nothing sexual is happening between the two "lovebirds".

 

the story sounds familiar.

 

1. if he is an associate, junior or senior, the wife can always talk to the partner in charge for the legal personnel and also the partner in charge for the non-legal personnel.

2. if he is a partner in the firm, then she can talk to the managing partner if not the named partner

 

and request if a movement is possible.

 

in the end, what matters is what the wife ultimately want - fire her or leave him?

 

in any event, they can attend marriage counselling sessions to discuss their issues.

[jake_roxas]

I got a question..... :boo:

 

My Friend's brother's father is a british born Australian permanent resident with properties in Adelaide. He is the legitimate father of my friends brother as his signature is affixed in the birth certificate. The father has ceased contact with his son. The son is currently 24 years old and he was born in Dec 1982.

 

Does he have a right to claim British citizenship by blood or an Australian citizenship?

 

What steps does he need to accomplish?

 

If he was born overseas (outside Australia) to an Australian parent, is he an Australian citizen?

 

He is eligible to apply to become an Australian citizen by descent if he meets the following three requirements:

 

* one of natural parents was an Australian citizen at the time of your birth

* under 25 years of age OR were born between 26 January 1949 and 15 January 1974

* of good character if you are over 18

 

Please note: If parent became an Australian citizen by descent, he or she must have been present in Australia for periods totalling two years at some time in their life for you to apply for Australian citizenship.

 

How to register as an Australian citizen by descent?

 

To apply to be registered as an Australian citizen by descent, complete the five steps:

Step Action

1 Check that you are eligible to apply for Australian citizenship by descent

 

2 Fill in Form 118, Application for a registration of Australian citizenship by descent and send it with the fee and supporting documents to our office.

 

3 Include all supporting documents.

 

4 If you have lived in any country for a total of 1 year or more in the last 10 years (except Australia), you must get a police certificate from the authorities in that country. Police certificates are not required for persons under the age of 16 years. Refer to Form 47P.

Form 47P Character requirements penal clearance certificates (141KB PDF file)

 

5 Check for nearest office for lodgement details.

 

Note: There is a fee of AUD$110 as listed on Form 990i.

Processing generally takes several weeks.

 

What supporting documents are required?

Form 118 outlines the documents required to support your application. These include:

 

* Originals of the full birth certificate of the person to be registered, showing the details of natural parents

* Original evidence that at least one natural parent was an Australian citizen at the time of birth of the person to be registered (full birth certificate or certificate of Australian citizenship)

* For applicants who have a natural parent who acquired Australian citizenship by descent – 2 years legal residence in Australia by a natural parent.

 

You may also need to provide the following documents if applicable: original evidence of change of name, custody order of a court of law or court order of guardianship, death certificates of the Australian citizen natural parent.

 

Documents in languages other than English must also be accompanied by an official English language translation.

In Australia, translations should be conducted by NAATI accredited translators.

[jake_roxas]

for more information, please check: http://www.citizenship.gov.au/

[jake_roxas]

for british citizenship check: http://www.ind.homeoffice.gov.uk/applying/...onality/advice/

[jlucas03]

My friend was employed by a company. she's still under probation status for 6 months. On her 2nd month, the company discontinued her services. 2 months have passed and she hasn't received her last pay. Can she demand for her last pay?