Private Case

Question: a court case supporting private business' right to censorship? im doing a paper about walmart's right to censor the music they sell and i need a court case that backs up my argument. i dont know if i am just searching the wrong terms or what but i cant find many court cases in general. there has to be something out there that supports a private business' right to censor what the sell or even their employees. that would even be enough for me to argue with. any help would be greatly appreciated.

Answer: First, you have two issues here. Say Walmart buys an album. They can't alter it and sell it due to copyright laws, not censorship laws. They can only refuse to sell it or demand the artist change it. Freedom of speech only deals with the government. Read the constitution. It says the government shall make no laws etc. Therefore, private persons and businesses can restrict speech as long as it doesn't violate other rights. As an example the courts say you can't demand workers speak only English as that discriminates against other nationalities which is a protected constitutional right. Another example, professional teams fine players for complaining about the referees. It's a private voluntary association so it's legal.

Question: How to find a Private Investigator for a criminal case? My friend was a victim of a random, senseless crime. He was attacked with a bat multiples to the head. He has life-threatening mass head injuries. The cops/detectives are too swamped to put any effort in to this case, as they have no leads or witnesses. My friend’s family and loved ones want to hire their own private investigator to help them put the pieces together and find who did this. How can you find a Private Investigator and ensure that they are qualified to work on a criminal case (attempted murder)?

Answer: Most states have a private investigators association, whose members should be highly qualified. They will have a website. Check also with the state agency that regulates security and private investigators. For example in Texas, the Department of Public Safety regulates private investigators. Be sure that any investigator you plan to hire is licensed in that state and they should provide you a license number which most states require them to make available to prospective clients. Ask that investigator for business references. Check with criminal law attorneys and ask them to suggest an investigator that works on criminal cases. Talk to several investigators before choosing. Look at the National Council of Investigations and Security Services (www.nciss.org) website. The key is to do a lot of research to make sure you're getting the best help possible.

Question: What is the procedure for share application and allottment in case of private limited companies in India? I am in the process of setting up a private limited company. I wish to know the procedure to be followed by private limited company for accepting application money from prospective shareholders and then alloting shares to them. Thanks

Answer: there is no PUBLIC system for this for private companies. private companies will follow ther memorendum of association. please get proper guidance from your CA and not from common public if u want correct information

Question: Do i have a case if its a private club? I currently work at a private golf course. The required uniform s a pair of beige knickers (which are hideous) and a white polo. Females are required to wear them, but males are allowed to wear black dress pants. I feel this is sexist. Would i have a case considering its a private golf course?

Answer: ABSOLUTELY NOT! If you don't like it...work somewhere else.

Question: Can you explain "delegation of authority to a private entity" from this Court Case? From the court case District of Minnesota, United States District Court ESA, et al., v. Hatch, et al. (2006) one of the judge stated that attempting to pass a government legislation that utilized the regulating system from a "private entity" (in this case it was the ESRB's video game rating system) would be a violation of the First Amendmant. My question is how would that be a violation and the phrase in quotations in the question, are there examples of this happening outside this case?

Answer: The state statute that was at issue in ESA v. Hatch would make it illegal for any person under 17 years of age to rent or purchase a video game rated either A or MO by the ESRB. The ESRB is a private (non-governmental) entitly that rates video games based on their content. Thus, the statute was a content-based restriction on video games. Content based restrictions on speech are normally subject to strict scrutiny under the First Amendment. That said, there are certain, very narrow catagories of speech that are not protected by the First Amendment. One example is "obscenity." However, in order for a law that is designed to suppress unprotected speech to survive a challenge under the First Amendment, the law must suppress ONLY unprotected speech. Even a law that is DESIGNED to suppress only unprotected speech will be struck down if it HAS THE EFFECT -- even inadvertenly -- of suppressing protected speech. One of the problems with this statute was that the ESRB is a private entity rather than an arm of the state. That means that the state has no control over the ESRB, and therefore no way to make sure that the ESRB does not give A or MO ratings to games that contain no unprotected speech. The ESRB is not accountable to the public (i.e. not elected nor appointed), and a consumer has no appeal from an ESRB rating. Even if the State had the power to censor video games to suppress unprotected speech, it cannot delegate that function to a private entity where there is no way of making sure that private entity will not suppress protected speech. That said, it would probably be better to read the ruling yourself rather than relying exclusively on my interpretation of it. The link is below.

Question: What Supreme Court case allowed private businesses to discriminate based on race and color?

Answer: The Bill of Rights guarantees that "all men are created equal" so you can't treat people as substandard citizens because of color or anything else. But the Constitution also give individual freedom, so somebody can make the argument - "Well, this is my coffee shop and I don't want to serve Jews or Blacks here" which a lot of people would do if they could, but it's in violation of the Bill of Rights so it's not allowable. But some things like who you rent to become pretty hard to regulate. Black people even who are professionals have a notoriously hard time renting apartments in white neighborhoods - and that sucks doesn't it?

Question: Is it possible to join private concern when we have police case? one of my friend is having police case on him, but truly he is not involved anything, but unfortunately he was suspected by police, So the case still running. Now he is working for a private concern. He is not getting any increment so he wanted switch over, he is having good exposure in his field. Is possible to join any other company or is there any problem? please advice me

Answer: Yes ,inform your employer about case.And be available for any investigation.Admiral V K Singh

Question: What makes a court case appear in private as opposed to a public hearing Just what are a few common reasons. Also this will mean it won't be on any court roll made available to the public? Thanks x ...yes and what does the judge usually make that decision based on? What are the usual reasons for the decision? You can appear in private and then don't appear on court rolls. I'm asking about in the UK.

Answer: In the UK any cases against minors are held in private. If there is a possible breach of National Security e.g. if a company making secret military equipment sues one of its suppliers and the details of the equipment may be revealed - the case would be held in private.

Question: If the case involves private law, which of the following is most likely to be the subject matter of the case? Possible Answers: A. Tort. B. Substantive. C. Criminal procedure. D. Constitutional law.

Answer: A. Tort

Question: how is it to work on a private case? i just got a job as a nursing assistant where i am taking care of one person at their home. I used to work at a nursing home. is it easier or harder becuase u don't have any back up. anyone who does this, how is it working on a private case?

Answer: here - u're very much on your own. like your own boss! when the person is resting, u rest too. u do get busy esp if the patient is suddenly unfit. it has its pros and cons. in homes - its helterskelter. running around non-stop. keeps u on your toes and never dull!

Question: How much does a private investagator cost in a child custody case? I know it varies for each case but I am try to find out if this is something I can afford. I need a investigation to determine if the otherparent is treating the children properly, ensuring their safety and not exposing them to improper environments or situations. I need to obtain evidence of the children's living conditions, treatment, and to identify third party persons who are given access to the children.

Answer: It varies as to their hourly rate and expenses. For example $65.00 per hour, a fuel levy per KM, cost of video tape, Cost of report writing. etc The hourly rates vary a lot so you'll need to ask around.

Question: What could be the worse case scenario buying Private land close to State Land.? I am considering buying a small parcel but the real estate agent mentioned it bordered State land. I asked if there could be restricted access and she said she wasn't sure. Wouldnt an easement clause solve that ? or ? can't seem to find much on the State Land sites about it. The state is Az.

Answer: I am less familiar with Arizona Statute, but If I was considering such a purchase, I would do the following: Ask to see the Title Commitment (you ARE getting title insurance, right?) for the property and look to see what "exceptions" are listed. If there are any easements, convenants, conditions, restrictions or discrepancies, ask about them. Physically inspect the land carefully for any signs of use that you would not want to continue. For example, if there is a pathway of any kind that crosses the property leading to the State land, it may later be ruled an easement or right-of-way. Good luck

Question: Fantasy Basketball: what to do in case of abusive commissisoner in a private league ? I participate in a yahoo fantasy basketball private league. The commissioner went crazy and locked everybody in the league. Now it is impossible to play. What could I do ? Can I ask help from Yahoo or someone ?

Answer: i'm somewhat sadden on your commissioner's childish action to your league. he held your fellow league members into hostage knowing that he cant beat you fair and square. you can report his action by clicking "contact customer care" button that can be found under help section which can be found above "launch stattrackers" of your home league. just hope that yahoo can accomodate your complaint. good luck.

Question: How much would a private investigator be for a divorce case where the man is cheating on the woman. ? The case is in Pennsylvania, I told my friend I would try to see a round about figure. Thank you.

Answer: It's all in what you want to know. I charge different rates for the service I render. It can cost any where from 2 to 5 thousand for a good investigation. It's also good to find a investigator that has access to N.C.I.C. Tell your friend Good Luck

Question: Difference between criminal law case and private law case?

Answer: Criminal cases are ones where a person/persons are charged on the federal level (DUI, Larceny etc), whereas private cases aren't (a neighbor suing for damages to property or parents fighting for child custody).

Question: can a private citizen have a case against the police in a traffic accident? is the police officer's word the final word in what happened in a traffic accident? if the officer was responding to a call w/o using the siren or lights and the citizen had the green light? this incident happened two years ago.

Answer: First, you should not have waited two years. If it's just now going to court, ask the court to let the officer show the tape. If he was running an emergency call, his on-board camera, if equipped with one, should have caught everything on film. If the police car was responding to a call and did not have the emergency equipment activated, then that car is treated the same as any other motorist who violated the law by running the red light. Even if the lights and siren were on, he/she is supposed to yield and wait for all traffic to come to a halt before proceeding.

Question: how do i change my brief case from private to public so i can download my files? trying to download my files from my yahoo briefcase, to my desk top, but i wold like to chang it from private to public, so i can download it to my desktop

Answer: Click on "edit" next to the folder or album name (on the front page of your briefcase) and follow the prompts. http://help.yahoo.com/l/us/yahoo/briefca…

Question: Has a private citizen won a civil rights case? Recently I was asked if a private individual, private citizen, ever won a civil rights case. My guess, based on the time and money, would be no way. However, I now wonder if some situation occurred where a private citizen by him or herself won a civil rights case. Sounds implausible I would think the person would have to be a lawyer have lots of time and money but who knows? maybe I missed something.

Answer: Yes and no--the ACLU fights on behalf of individual citizens that have the standing to sue. See "Lawrence v. Texas." The ACLU fought on behalf of a man whose neighbors falsely reported a burglary so they'd show up, find him having (technically illegal at the time) sex with his boyfriend. The man was prosecuted for criminal sodomy, which was dropped by the D.A. because they weren't in the business of persecuting gays, but that arrest gave him the standing--the right to argue the issue--that the ACLU needed to fight in court.

Question: When a private detective finds out who is a killer from a murder case what do afterward? I want to know when a private detective finds a killer who was responsible for that person's death who do afterward. This for my novel I'm working on.

Answer: Well in the real world they would contact the police but in a fictional book the detective would have to come up with enough evidence to prove the killer did it to a jury.

Question: Do I have to hire a private investigator? How can you find hidden assets for a court case? Someone owes me a lot of money and I need to prove they have it before moving on with the case. Thanks you.

Answer: Small claims court limit locally is $5000.00, lawyers usually not involved so plaintiff has to do his own digging. Do you know where the guy has the money? In some cases a court order to the state tax dept will get a copy of filed tax returns- look for the interest income and bank code sending 1099, this will get you a 'bank has this much of his money' estimate of asset. County clerk may have a real estate record, DOT will have vehicle records- so house or commercial buildings, vehicle can be assets to be tagged. I filed lien against mobile home a few years ago- was paid 98% of claim couple months back. If the guy owing money is in illegal business then assets will be hidden under relatives names, Ex girlfriends name, occasionally deceased relatives names, business names. Actual cash as in dope dealers will be tucked away in walls, storage lockers, hidden box's in vehicles. .