Does it matter legally whether possession notices, orders, and warrants served by post are sealed in envelopes? Are there legal benefits or detriments in terms of the rules of valid service whether such documents are sealed in an envelope or posted bare as postcards? If it is bare then there's less way to argue it could have gotten mixed up in the rest of the mail that one might or might not bother to open so one could easily imagine service requirements that these be posted unsealed.
england-and-wales northern-ireland General rule It doesn't make any difference. Section 7 of the Interpretation Act 1978 provides: Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. Provided you meet the following elements: Properly addressing Properly pre-paying Properly posting, then you can take advantage of the above deemed delivery rule. It also makes no difference whether or not the recipient &quot;might or might not bother to open&quot; it. What matters is when it was delivered. The rebuttable presumption is that the notice is effective when it would have been &quot;delivered in the ordinary course of post&quot; (e.g. next day for first class, etc.). To rebut that, the burden of proof shifts to the recipient, who must prove (on balance of probabilities in a civil case) that it was delivered late or not at all. In practice that will be extremely difficult in the majority of cases. You might try to make an argument that &quot;letter containing the document&quot; implies an envelope. However, in my view, the ordinary meaning of the word letter means a piece of paper with some written words on it. A letter is still a letter even when it isn't inserted in an envelope. &quot;Contains the document&quot; suggests to me that the document is found within the words written on the piece of paper. Exceptions The phrase &quot;unless the contrary intention appears&quot; means that if a particular Act contains its own rules of service which contradict Section 7, then Section 7 will be overridden.
I haven't used the extension, but here are the concerns I would have: Does RECAP detect and handle documents filed under seal? Under some circumstances, IIRC, Pacer gives certain attorneys access to documents sealed from the general public. If you access these sealed documents through PACER and thereby submit them to the RECAP public repository, you have violated the Court order sealing the documents and might well be found in contempt. It is not unheard of for a Court to order a document replaced by a corrected version; this is most common when a document was inadvertently filed with information not redacted that should have been. As long as nobody but the parties and their lawyers have accessed it, this can prevent that information from being public. If you log on to PACER and see your client's personal information...you can no longer keep it private by asking the Court for that remedy, because you just submitted it to a public repository. Enjoy your malpractice suit. Does the use of RECAP constitute a waiver of work product protection? Under some (admittedly limited) circumstances, your use of PACER might constitute attorney work product, which would ordinarily be protected from disclosure in a manner similar to a privilege. Revealing your research pattern to a third party could waive that protection.
There are three kinds of restraining orders in Minnesota, but what they have in common is that a person petitions the court to order a person to e.g. stop the harassment and have no further contact. This order if granted by the court will be served on the respondent, and all actual restraining orders are valid. A forgery which was not actually ordered by the court is not a restraining order, and of course it is not legally valid. But you don't seem to be claiming that this is a forgery. In principle, a person can obtain a copy of a restraining order under The Minnesota Data Practices Act. However, there are limits on access to certain records. Minnesota Court Rule 4 restricts access to domestic abuse and harassment records, blocking disclosure until the respondent has been served with the order. If someone fails to obtain a record in such a case, it could be because the request was made before the order was served. Even if the request was improperly denied, that does not invalidate the court order. Subsequent comments by OP indicate the possibility that he was not given the restraining order, as required by law, which would substantially impact the validity of the arrest. This handbook from the courts spells out the rules for handling these orders. If it is impossible to personally serve the notice on respondent (he can't be found), then it is possible for the court to order notice by publication, where an item is placed in the newspaper (legal notices, which nobody reads). In other words, you can be &quot;served&quot; in the legal sense, but not know it (however, the police will know it, so if BCA is saying &quot;we can't find any restraining order&quot;, this would be a plainly improper arrest).
Is this legal? Yes Or does it mean that employee will be in breach of his/her contract? Yes You are assuming that if the evidence is allowed to be presented then that automatically means that keeping it for that purpose is not a breach of the contract. This is not necessarily so; it can be both at the same time. That said, it is unlikely that an employer would attempt to sanction an employee for this as the courts would (rightly) see it as an attempt to pervert the course of justice. As in most things in the law it is possible for all parties in a matter to be on the wrong side of it. If you want to come to the tribunal with "clean hands" then the best thing to do is make a record (not a copy) of the relevant documents and return then to the employer. Before going to the tribunal get your solicitor to subpoena the documents that you want - they will have to produce them and you have them without breaking your contract.
No, you would be guilty of perjury. In order to go through the legal formality, you have to obtain a license, Washington example (King County) seen here. You must swear that you are single, divorced, or widowed. If you leave the box unchecked, you won't get a license. If you are married and check any box, you have committed perjury.
Invasion of privacy and false light torts would probably not be applicable here. Very few states have adopted the false light tort because of its conflict with First Amendment principles and there was no agreement or even request to keep the text private. The copyright issue is trickier. First all, the TOS may provide that the copyright belongs to the text service provider or that there is a license. But, even in the absence of an express license, sending someone a message which is equivalent to sending them a letter, probably gives rise to an implied license that the person to whom it is sent can use the message that arises merely from the act of sending it without restriction or qualification. Implied license and fair use also heavily overlap. Publishing the text exactly as it was sent to you protects you from defamation liability because it is true. On the whole it would be extremely unlikely for there to be any legal liability for publishing a text from someone that they sent to you. Of course, one can imagine exceptions. If the person receiving the text was in an attorney-client relationship, or priest-parishioner making confession relationship, or was communicating regarding classified national security matters, or there was a non-disclosure agreement in place, among other possibilities, an evidentiary privilege and duty of confidentiality could apply and disclosing the material without the permission of the privilege holder could breach a duty of confidentiality and give rise to liability. If the picture was a nude picture of a minor, there could be a criminal and/or civil liability issue, and some states have also made posting "revenge porn" a criminal offense and/or a basis for civil liability. If the disclosure was effectively a way to facilitate insider trading that could be a problem. If the contents of the text were accurately transmitted but known to be false and were disseminated without disclosure of its falsity for the purpose of defrauding a third party, that could be a problem. But, no facts that obviously flag any exception are identified in the question. The mere fact that the posting may be embarrassing, or hurt someone's reputation, or was made without someone's express consent, in general, would not be a basis for liability.
You have the right to notify the owner of the car of their vehicular trespass and the consequences of that. You do not have the right to damage the car in giving said notice. You have the right to offer to clean the gum off whatever part of the car you stuck the notice to. If you succeed in cleaning it,the other party will not have a legal cause of action, in all likelihood, since there is no damage (though with a bit of imagination they might come up with some 'missed business opportunity' loss). The court would probably find your choice of sticker to be negligent (put the notice under the wipers? use painter's tape -get some if you don't have any). The rationale 'we had no other choice' holds no water: there are alternatives. 'Criminal Damages' is a concept in UK law, but it relates to willful damage such as vandalism, not accidents. It would be an issue if you had planned to cause damage, but that seems not to be the case here.
I did not write "confidential" on my letter, but I assumed a business proposal is automatically considered as a confidential material. An incorrect assumption unfortunately. Unless you have a confidentiality agreement (NDA) with the first company, they and their agents are not under any legal obligation to keep information you share with them confidential. How is the legal situation here? There is none on your side. You lied about a direct question asked and were caught in the lie. Company A had no obligation to keep what you sent confidential. Even if they did, that may not (depending on how the confidentiality agreement is worded) keep the employee of company A stating that they had received the same proposal. Chalk this one up to a lesson on confidentiality and honesty in business. There are no reasonable assumptions of confidentiality in business unless you specifically state that they are confidential or are provided as part of a confidentiality agreement.