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School may be out for the Summer, but consumers Lemon Law rights never go on vacation. Car buyers should always be educated when it comes to their rights regarding the purchase of a vehicle. Many car buyers that encounter problems with their vehicles want to know whether they fall under their State’s Lemon Law. To assist those consumers located in the Northeastern United States, we offer a brief Lemon Law 101 refresher course:

Pennsylvania Lemon Law: The first occurrence of the problem must occur in first 12 months or 12,000 miles, whichever comes first. The problem must occur three or more times while under warranty OR the car is in the shop 30 or more days within the first year, and those days do not have to be consecutive. The car must be purchased (or leased) and registered in PA. Motorcycles are not covered under PA Lemon Law, but they are covered under the Federal Magnuson Moss Warranty Act.

New Jersey Lemon Law: The first occurrence of the problem must occur within 24 months of purchase or 18,000 miles, which ever comes first. The problem must occur three or more times while under warranty OR the car is in the shop for 20 days in the first 24 months/18,000 miles; they do not have to be consecutive. Motorcycles are covered under NJ Lemon Law. Vehicle can be purchased, leased or registered in New Jersey.

Delaware Lemon Law: The first occurrence of the problem must occur within the first year of ownership. The problem must occur four or more times while under warranty OR the car is in the shop for 30 or more BUSINESS days within the first year. The vehicle must have been purchased, leased or registered in Delaware. Motorcycles are not covered under DE Lemon Law, but they are covered under the Federal Magnuson Moss Warranty Act.

Maryland Lemon Law: The first occurrence of the problem must be within the first 15 months or 15,000 miles of ownership. Problem must occur four or more times while under warranty OR the car is in the shop 30 or more days in the first 15 months. The vehicle must be purchased or leased in Maryland. Motorcycles are covered. Commercial trucks under one ton are also covered.

Massachusetts Lemon Law: The first occurrence of the problem must occur within the first year or 15,000 miles whichever comes first. The problem must occur three or more times while under warranty OR the car is in the shop 15 BUSINESS days within the first year. Motorcycles are not covered under MA Lemon Law, but they are covered under the Federal Magnuson Moss Warranty Act.

Ohio Lemon Law: The first occurrence of the problem must occur within the first year or 18,000 miles, whichever comes first. The problem must occur three or more times while under warranty, OR eight problems must occur, OR the vehicle must be in the shop for 30 or more days within the first year. Motorcycles are covered under the OH Lemon Law.

Connecticut Lemon Law: The first occurrence of the problem must occur within the first 24 months or 18,000 miles of ownership, whichever comes first and can continue 4x throughout the original and/or extended manufacturers warranty period. Connecticut’s Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first 18,000 miles or 24 months (whichever comes first); these days must not be consecutive. Motorcycles are covered.

New York Lemon Law: First problem must first occur within the first 24 months or 18,000 miles, whichever comes first and occur 4 times. The New York Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more calendar days during the first year. Motorcycles are covered.

New Hampshire Lemon Law: Vehicles purchased or leased in NH with a gross weight of under 9000 pounds, that suffer a problem that cannot be repaired after three attempts by an authorized manufacturer’s dealership. This nonconformity must occur within the warranty period. The New Hampshire Lemon Law also applies to vehicles that are in the shop for repair thirty (30) or more business days during the express warranty period. Motorcycles are covered.

Under State Lemon Laws, vehicle owners may be entitled to one of the following three possible remedies:

1. A New Vehicle using a MSRP TO MSRP swap. MSRP stands for manufacturers suggested retail price. Vehicle owners receive a credit for the MSRP of the car, which can be applied to the purchase of any new car from the same manufacturer. If the vehicle owner is interested in the same care, there should be little or no additional cost. Essentially, this is a trade without depreciation and the owner is provided a new vehicle with the same amount of equity as your old vehicle.

2. A full refund, including finance charges, taxes, tags, down payment trade in value minus a small mileage offset (When it comes to offsets, each state is different. The car is returned, it is branded a lemon and the owner is absolved of any responsibility. )

3. Compensation for the diminished value of the car. Essentially, the vehicle owner is compensated for breach of warranty, since the issue has not been fixed as required by the warranty. If compensation is provided, the vehicle owner keeps the car, the car is not branded in any way and the warranty remains completely in effect. The vehicle owner is not required to disclose the receipt of this payment at time of sale. Furthermore, even if the car is fixed, the owner may stil be entitled to compensation.

If a car buyer finds that they are not covered by their State’s Lemon Law, it does not mean that they are without recourse. If the same problem has occurred three time while under manufacturer’s warranty (four times in Maryland), a claim can still be made under the Magnuson Moss Warranty Act. This applies to cars that were either purchased used, or the first problem fell outside the requirements of the State Lemon Law.

In conclusion, consumers must remain vigilant in order to protect their rights, even in the dog days of summer. Car buyers that encounter repeated problems for the same issue have alternatives to endless repairs, lost productivity and frustration in the form of State Lemon Laws and the Federal Magnuson Moss Warranty Act. Should car buyers find themselves in this unenviable position, the best choice may be to speak with a qualified lemon law attorney to determine how the car buyer can protect their rights.

 

 

William Allan Kritsonis, PhD

Professor

 

PUBLIC SCHOOL LAW

 EDUCATIONAL LAWS & POLICIES

 

PARENT’S RIGHTS

 

 INTRODUCTION

             Parents are an essential partner in the education of their children.  While constitutional law does not necessarily outline parental rights regarding education, Texas statutory law does.  In fact, in 1995 the Texas Legislature amended the Texas Education Code to include parent rights and responsibilities.  According to Chapter 26 of the Texas Education Code §4.001, “Parents will be full partners with educators in the education of their children (Walsh, Kemerer, & Maniotis, 2007).  The state cannot require all students to attend public schools, thus enabling the parents to right to choose where their children will be educated.  Parents may send their children to public, private, or home schools. 

 

            For the purpose of this report, we will present the case that relates to granting parents the right to choose which institution of learning their children will attend.  The findings are intended to be informative and beneficial in understanding the precedent set forth for parent rights and responsibilities regarding the education of their wards.

 

Case One

 

United States Supreme Court

 

PIERCE

 v.

SOCIETY OF SISTERS

268 U.S. 510

 

LITIGANTS

 

Plaintiffs-Appellants: Walter Pierce, Governor of Oregon

                                    Isaac H. Van Winkle, Attorney General of Oregon

 

Defendant-Appellee: Society of Sisters of the Holy Names of Jesus and Mary

                                    Hill Military Academy

 

BACKGROUND

 

            On November 7, 1922, the voters in Oregon passed an initiative to amend the Compulsory Education Act.  The amendment was aimed at creating a common American culture by eliminating any dogmas that may negatively influence the established norms of American society.  All children between the ages of eight and sixteen were required to attend public school.  Children who were mentally disabled, lived three miles from the nearest road and had already completed the eighth grade were excluded from attending school.  To enforce the law parents who did not send their children to public school were fined and faced 30 days in jail.   The initiative also targeted parochial schools, specifically Catholic schools, because the thought was that such parochial schools hindered assimilation.  Since the Society of Sisters worked with mainly orphaned and disadvantaged children they challenged the fairness of the Act.

 

FACTS

 

            The Society of Sisters was an Oregon corporation, organized in 1880, with power to care for orphans, educate and instruct the youth, establish and maintain academies or schools, and acquire necessary real and personal property. The Society’s bill alleges that the enactment conflicts with the right of parents to choose schools where their children will receive appropriate mental and religious training, the right of the child to influence the parents’ choice of a school, the right of schools and teachers therein to engage in a useful business or profession, and is accordingly repugnant to the Constitution and void. And, further, that, unless enforcement of the measure is enjoined the corporation’s business and property will suffer irreparable injury.

DECISION

 JUSTICE McREYNOLDS delivered the opinion of the Court.

The challenged Act, effective September 1, 1926, requires every parent, guardian or other person having control or charge or custody of a child between eight and sixteen years to send him “to a public school for the period of time a public school shall be held during the current year” in the district where the child resides, and failure so to do is declared a misdemeanor. The manifest purpose is to compel general attendance at public schools by normal children, between eight and sixteen, who have not completed the eighth grade. And without doubt enforcement of the statute would seriously impair, perhaps destroy, the profitable features of appellees’ business and greatly diminish the value of their property.

The Society’s bill alleges that the enactment conflicts with the right of parents to choose schools where their children will receive appropriate mental and religious training, the right of the child to influence the parents’ choice of a school, the right of schools and teachers therein to engage in a useful business or profession, and is accordingly repugnant to the Constitution and void. And, further, that, unless enforcement of the measure is enjoined the corporation’s business and property will suffer irreparable injury.

No question is raised concerning the power of the State reasonably to regulate all schools, to inspect, supervise and examine them, their teachers and pupils; to require that all children of proper age attend some school, that teachers shall be of good moral character and patriotic disposition, that certain studies plainly essential to good citizenship must be taught, and that nothing be taught which is manifestly inimical to the public welfare.

DICTA

Under the doctrine of Meyer v. Nebraska, 262 U.S. 390, we think it entirely plain that the Act of 1922 unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control: as often heretofore pointed out, rights guaranteed by the Constitution may not be abridged by legislation which has no reasonable relation to some purpose within the competency of the State. The fundamental theory of liberty upon which all governments in this Union repose excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only. The child is not the mere creature of the State; those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.

IMPLICATIONS

            The Society’s suit against Pierce was successful in establishing that the parents and guardians of students had a right to choose their children’s educational setting.  The ruling set the precedent for parents’ right to choose privately run schools and relieved parents from being forced, through penalties, to have their children educated in public schools.

A never married dad wants at least joint custody of 3year old daughter in michigan and can not afford a lawyer

mother is uncooperative and caddy. father makes $30000 per year and can’t afford lawyer, she will not give joint custody willingly, what can father do? Contact a local law school and ask them for the phone number of.

Do female lawyers face discrimination in the workplace/school?

According to the Princeton Review, as well as several other reputable sources, women can be treated poorly by their male classmates in law school. In fact, the PR includes a list of ‘women-friendly’ universities because this sexism is so widespread. Also, I have read that often women often are passed over.

Do judges need to be attorneys?

Do appointed court judges need to be attorneys A college degree and work experience is the minimum requirement to be a judge. Most judges have worked as lawyers. In fact, Federal and State judges usually must have worked as lawyers. That means that they need to go to law school. Law school usually.

Do Law Students help out in court?

and if so, what do they do? There are law school ‘clinical programs’ in which 2d and 3d year students get to represent low-income people in court, under a lawyer’s supervision. There are other programs where the students work as interns in law firms, and get to do some of the research.

What are the education requirements for lawyers?

*sigh* this is for a project im doing generally, 4 years high school 4 years college three years law school pass the bar exam in the state you want to practice in. – 1 – Graduate high school 2 – Graduate college 3 – Graduate law school And, if they want to.

What are the steps to being a Real Estate lawyer or attorney?

It’s not so difficult. First you complete your B.A. or B.S. Then you go to law school. It helps if you take some courses in law school that focus on real estate, for example: Real Estate Transactions, Land Use, Real Estate Litigation. Do your best in.

What do I need to do to be a Pennsylvania lawyer? And how long will it take?

You need to go to college (4to5 years.) You need to go to law school (3 years) You then need to study for and take the Penn Bar Exam. This can take 3 months to forever Shortest amount of time would.

What type of career options are available for lawyers specializing in international law?

Also, what is the average salary. Is it an in demand field? Please include any other information you can give me about this type of law. I am about to attend law school next year. I am thinking about specializing in corporate law or international law..

Whats involved to become a lawyer?

Just wondering about possible future careers and would like to know what you need to do to become a lawyer, how many years at university and what you do when you become one? You must take a first degree, then apply to law school. It doesn’t matter what you major in for your.

What’s the difference between a JD (juris doctor) and an LLM (‘?’)?

Can I take the bar exam with either? Chances for gainful employment better with one or the other? Which is harder to earn? You receive a JD after successfully completing and graduating from an ABA accredited law school. It takes 3 years day or 4 year evening.

Which Law School?

Which Law School? I have the option to attend Albany Law (no scholarship costs $35k a year, but is a Tier 3 law school), Western New England Law (Scholarship money will make my out of pocket cost $15k a year but it is a Tier 4 law school located in Springfield Mass) or New England Law.

do you think my hopes and dreams will come true for me being a layer?

i wanna go to law school when i grow up I always say ‘If you can dream it, you can be it.’ You can be anything that you want to be. With enough hard work and dedication, you can do anything. Keep a positive.

Would law schools be more lenient on GPA if I major in Chemical Engineering and aspire to be a patent lawyer?

I’m a second-year ChemE major student at UC Berkeley. I want to go to law school and practice patent law, but my GPA is a little less than a 3.0. Do I have a chance? I think you.

Any recommendations for a good LSAT book?

I’m planning on taking the LSATs and pursuing law school but there are so many LSAT books out there, I don’t know which one to pick. Any really effective LSAT practice books that you guys recommend? The best study guides I found were the Powerscore Bibles (I took the course as well,.

Become a lawyer?

I’m interested in the law, government and politics. I’m in college studying political science and I do very well and like my major a lot. I also like history. A lot of people tell me I’d make a great lawyer. I have doubts though. How do I decide to go to law school? Do lawyers have.

Does anyone know where i can get money to go to law school?

Typically, there is less federal assistance available for law school. There are very few grants available for the government, because they expect you to be able to make enough money to pay them back later. But you should be able to take out a combination.

Does it make sense to earn a second bachelor’s degree before going to law school?

I went to a small ‘no name’ liberal arts college and earned a BS in Computer Science. I earned a MBA online. I am now a math teacher in an inner city public high school. (The same one I went to) Go figure! I.

How does Skinner v. Oklahoma 1942 been used to expand the protections of the constitution?

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How long do you have to got to school to be a lawyer?

3 years after undergrad if you go full time, 4 if you go part time. – 2 more years after college – Four years of college, two years of law school. – 7 years, but many schools will give life experience credit for a history.

How many credits do you need to be a lawyer.?

I’m not sure what you mean by credits. To be a lawyer, you must have an undergraduate degree and then attend law school. Law school is usually 3 or 4 years (full v. part time). Each school has different required courses and credit requirements. After you graduate law.

How many years do you have to to school to be an Entertainment Lawyer?

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How many years of college does it take to become a lawyer?

About 7 years all together when you figure 4 years of college and then 3 years of law school. You can talk to any attorney or go to the law library or any college and they will tell you everything you have to do to become.

How to be a lawyer in California?.a step by step walkthrough.?

Get good grades in high school and graduate. Take the SAT and get a good score. Go to college, get good grades and earn a BA or BS. Take the LSAT, and score high. Get accepted to a CA accredited law school. Graduate from law school with.

I need some info on common law, how can i get it done?

I would recommend going to a local law library (and local law school will have one) and using some of the treatises on law. Treatises give the generally accepted rules for the various issues in law and the notable exceptions to those rules. Additionally, they.

I want to find a law school in NYC and the price it will cost to go there can anyone help me thank you?

There are numerous law schools in New York City. There’s New York University, Columbia, Fordham Law School, Cardozo Law School (a school in Yeshiva University), and New York Law School (different from NYU). St..

If you want to work in govt. intelligence do you have to go to law school?

No. Usually an analyst has another particular skill such as foreign language experience and a specialty that makes them valuable. For me it was my background in mathematics that attracted their attention. – honestly now.when you think about it what does govt.

Fiance is Army officer, got ed. delay for grad. school. Is he considered ‘in the the Army’ while on delay?

Fiance and I are getting married while he’s on an educational delay for law school. He was a First Lieutenant prior to entering law school, and I’m trying to figure out the proper way to word our wedding invitation..

Has a registered sex offender EVER become successful AFTER.?

Has a registered sex offender ever shook off the chains of the scarlett letter and become a succesful and productive member of society? I am not talking about the ones who fail to register and skate by on anonymity or the people who become advocates. I am in law school.

Obtaining TWO Juris Doctor Degrees?

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The stuff that happens to prosecutors on TV are fake, right?

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I NEED TO KNOW QUIK Duke? UNC?(any campus) NC State? Appalachian State? – s – Duke – Duke – North carolina state ncs sorry this is my partners suggestion – Duke. One of our own presidents received his law degree from.

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