When a law states that no legal action can be “had” or “maintained,” it signifies that the action cannot be initiated or prolonged. For instance, if an individual intends to seize your house due to unpaid mortgage, the bank is prohibited from commencing the procedure until they provide you with a 30-day notice. This is because no legal action can be undertaken until that specified period has elapsed.
Definition:
The terms “commenced” or “begun” are used in a statute to indicate that no legal proceeding can take place (often followed by the words “or maintained”). For instance, in the context of foreclosure, no action can be initiated or continued until the debtor has received a minimum of 30 days’ notice. This implies that proper notice must be given to the debtor before any legal proceedings can be initiated or continued, as illustrated in the given example of foreclosure.
Yes, you can be arrested for DUI even if you had only one drink. The legal blood alcohol concentration (BAC) limit varies by jurisdiction, but generally, any amount of alcohol that impairs your ability to drive can lead to a DUI charge.
Verbal agreements can be legally binding, but they can be difficult to enforce. It is always recommended to have written contracts to clearly outline the terms and conditions of an agreement to avoid any potential disputes.
In general, you are not personally responsible for your deceased spouse’s debts unless you co-signed or guaranteed the debt. However, the deceased person’s estate may be responsible for paying off any outstanding debts.
Yes, if you were injured or suffered property damage due to the other driver’s negligence, you can file a lawsuit to seek compensation for your damages. Consult with a personal injury attorney to understand your legal options.
No, it is illegal for an employer to terminate an employee solely based on a medical condition. However, if the medical condition prevents you from performing your job duties even with reasonable accommodations, your employer may have grounds for termination.
Yes, you can still apply for a job even if you have a criminal record. However, employers may consider your criminal history during the hiring process, and certain convictions may disqualify you from certain positions.
Yes, if you slipped and fell due to the store’s negligence, such as a wet floor without proper warning signs, you may be able to file a personal injury lawsuit to seek compensation for your injuries and related expenses.
A landlord cannot legally evict a tenant solely based on a dispute. However, if the dispute leads to a violation of the lease agreement or other valid reasons for eviction, the landlord may have grounds to proceed with the eviction process.
No, if you hold a valid copyright on your work, others cannot use it without your permission. Copyright laws protect original works of authorship, and unauthorized use can result in legal consequences.
As a property owner, you may be held liable for injuries that occur on your property if it can be proven that you were negligent in maintaining a safe environment. However, liability can vary depending on the circumstances, so it is advisable to consult with a personal injury attorney for specific guidance.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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