The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public, and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person. Because of the legal requirement that the seal be photographically reproducible, the rubber stamp seal is almost universal. However, notaries public may use an embosser seal in addition to the rubber stamp. The legal requirements for a seal are shown below. (Government Code section 8207) The seal must: • Be photographically reproducible when affixed to a document; • Contain the State Seal and the words “Notary Public”; • Contain the name of the notary public as shown on the commission; • Contain the name of the county where the oath of office and notary public bond are on file; • Contain the expiration date of the notary public’s commission; • Contain the sequential identification number (commission number) assigned to the notary public, as well as the identification number assigned to the seal manufacturer or vendor;
The parole evidence rule requires, in the absence of fraud, duress, mutual mistake, or something of the kind the exclusion of all prior or contemporaneous oral or written evidence that would add to or vary the parties’ integrated written contract.”(Mallor, 2013, Pp448-451). Therefore, paying the taxes by the seller would be considered as if it “supplement, change, or contradict the terms of the written contract”. The contract also contained a clause requiring any modifications of the contract to be in writing, and Dyer failed to include the salesperson’s promise in writing. The court ruled the case in favor of Walt Bennett Ford. http://ar.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19820414_0043514.AR.htm/qx Mallor, Barnes, Bowers, & Langvardt (2013).
name of subdivision, road, or intersection) of the location are excluded May release any/all of the information and evidence collected during the investigation Other comments/requests ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Information obtained from interviews may be protected under a separate confidentiality agreement. Portions of information or identities may not be divulged to the property owner/responsible party by the request of an individual or entity interviewed during the course of the investigation. The agreement made herein can only be altered or changed by written agreement between the property
This evidentiary rule protects both attorneys and their clients from being forced to disclose confidential communications between them if the communications are for the purpose of furnishing or obtaining legal advice or assistance. The rule extends to any legal proceeding whether it is civil or criminal in nature and at anytime during the procedures. Although no one specifically asked for my legal opinion or advice, I am attending these confidential meetings in my capacity as ABC’s general counsel. Therefore, the confidential information is protected under the rule of attorney-client
The lien applies to all of the property owned by the PRP and not just the portion of the site affected by the cleanup. However, the lien is subject to the rights of bona fide purchasers and previously perfected interests in the property so it does not act as a “superlien”. The lien becomes effective when EPA incurs response costs or notifies the property owner of its potential liability whichever is later, whichever date is later. Although the lien was enacted as part of the 1986 Superfund Amendments and Reauthorization Act (SARA) to CERCLA, it applies to costs incurred prior to the passage of SARA. The lien continues until the PRP resolves its liability or it becomes unenforceable though operation of the CERCLA statute of
In order to conduct a consent search, the law enforment offical's must have the permission of the person whose property is being searched, by granting consent the defendant waivies his or her Fourth Amendment right to unlawful search and seizure. In other words when the defendant gives his or her permission to the police to enter and search, than no search warrant is required. In most cases, the person may refuse to give consent; however, the law enforcement agent does not have to tell the person that consent is voluntary. Should any of the evidence obtained result in a criminal trial, the prosecution must prove that the consent search was entirely voluntary and the person granting consent was not coerced. In addition, once a consent search has started, the person whose property is being searched may, at any time, revoke his or her consent.
Drug testing innocent welfare recipients violates a person’s rights under the 4th amendment. The 4th amendment states “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” (U.S Congress.) The fact that someone receives benefits from the state in no way, shape, or form is probable cause that they have a drug addiction! Individualized suspicion is necessary to perform a search, and states may and do impose drug testing requirements on individuals who have been identified as substance
This allows the client and the attorney to communicate openly and ensures that confidentiality is preserved (Natoli, 2013-2014). The exceptions provided in Rule 1.6 cover the potential loss of life, property, and reputation but no provision is made to expressly prevent an innocent person being imprisoned. Massachusetts has interpreted the ABA MRPC and made such a provision. The Massachusetts Rules of Professional Conduct Rule 3.07 states, “a lawyer may reveal, and to the extent required by Rule 3.3, Rule 4.1(b), or Rule 8.3 must reveal, such information: (1) to prevent the commission of a criminal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm, or in substantial injury to the financial interests or property of another, or to prevent the wrongful execution or incarceration of
A Child Support Guidelines Worksheet IS NOT being filed in this case. The establishment or modification of child support is not an issue in this case. I certify that a copy of this document was [ √ one only] ( delivered to the person(s) listed below on {date} Other party or his/her attorney: Name: Address: City, State, Zip: Fax Number: I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of
Allowing conflicts of interests to go unresolved when the paralegal is fully aware of its presence is a violation of Section 1.6 of the paralegal code of ethics. There are many methods in which conflict can be avoided between any of the two parties. A couple of these approaches include: effective bookkeeping and never discussing matters from previous assignments or