#How to Write a Writ of Prohibition

[whencyclopedia]

In Search of Japan's Hidden Christians: A Story of Suppression, Secrecy and Survival

“In Search of Japan’s Hidden Christians” documents the arrival, flourishing, stifling, and eventual prohibition of the Christian faith in Japan's Edo period. It was survived only through those known as “Kakure Kirishitans” (Hidden Christians), whose secret ceremonies and home-grown rituals persevere even today.

Dougill writes about the history of Christianity in Japan writ large, before focusing more precisely on the history of Hidden Christians and their existence today. There is much for both the casual reader and the academic to enjoy here, as the author interweaves his own perspectives and experiences (particularly those he had while traveling in Japan to research the topic) into the narrative. Dougill leaves little room for interpretation as he explains his thoughts and emotions throughout the book, which may sometimes conflict with the reader’s own. As such, the book reads as more a journey of the author's understanding of the topic, factually and emotionally, rather than the work of an impartial academic who seeks nothing but the cold truth without a hint of bias.

Chapters One and Two chart the arrival of the first Jesuit missionaries, the difficulties they initially faced, and the eventual conversion of some Japanese people. Chapter Three shows the reader that the Christian faith experienced some significant success in its early days, as the missionaries found favour with then Shogun Oda Nobunaga. However, in Chapter Four, we see a shift as the Christian faith that was spreading throughout the nation was seen as a potential threat by the new shogun, Toyotomi Hideyoshi, and expulsion edicts were put in place. Chapters Five and Six are about the intensification of the prohibition of the faith, as well as persecution, including the crucifixion of the 26 Martyrs at Nagasaki.

Then, in Chapters Seven and Eight, the Shimabara Rebellion is explained, as well as some of the circumstances that came about after the incident such as how the Christians would attempt to hide their religious symbols in plain sight. Chapter Nine is dedicated to Endo Shusaku and his widely-known work Silence, which leads into Chapter Ten, where the history of the faith in Japan is harboured and sometimes transformed by Japanese thought in the Goto Islands, off Kyushu. Chapter Eleven explains the Dutch connection in Nagasaki and how some of the first Hidden Christians started to emerge into public view as the country began to open itself up to the world after its period of isolationism. Finally, Chapter Twelve explains the Protestant and Catholic connections to the country a bit more and reveals to the reader that the Hidden Christians of Japan were more akin to a Japanese folk religion rather than the Christianity that first arrived on their shores. Additionally, the book includes a short bibliography, as well as many images of what Dougill writes throughout the book which helps to lend a sense of realism to what can sometimes feel like an otherwordly topic.

While Dougill, who currently teaches British Culture at Ryukoku University in Kyoto, at times shows a limited understanding of Christian doctrine, the discerning reader might be able to find what the author misses through his discourse. Regardless, this book is a fascinating tale of hope amongst harrowing circumstances and the determination of the human spirit, and anyone who seeks to learn more about this little-known part of Japan’s history should see this book as a window into a much larger world.

For those wishing to look further into this topic, Ann M. Harrington's Japan's Hidden Christians (1993) which, written from a Catholic point of view, focuses more on the beliefs of Hidden Christians may be of interest. Some more contemporary analyses are Kirk Sandvig's Hidden Christians in Japan: Breaking the Silence (2019) and Christal Whelan's documentary Otaiya: Japan's Hidden Christians. Finally, The Beginning of Heaven and Earth: The Sacred Book of Japan's Hidden Christians, written by Hidden Christians during their years of persecution and edited and translated by Christal Whelan, would give the reader an insight into the beliefs that these particular Christians held and regale the reader with Bible stories with intrinsically Japanese themes.

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[dankusner]

transcript

22-1145 Hensley v. St. Comm’n on Jud. Conduct From Travis County and the Third Court of Appeals

Petitioner will be represented by Jonathan F. Mitchell (Mitchell Law PLLC), from Austin.

Respondents will be represented by Douglas S. Lang (Thompson Coburn LLP), from Dallas.

The issue is whether Hensley’s suit against the State Commission on Judicial Conduct is a collateral attack on a public warning the Commission issued against her.

••• But Mitchell hardly ever speaks to the media.  He doesn’t appear to have any social media presence.  There are only a handful of photos of him online and he would not consent to a portrait for this story.  Even when Senate Bill 8 was passed into law, he wasn’t at the public signing ceremony. ••• A shift to textualism

When Mitchell threw his support behind Mississippi’s 15-week abortion ban, the case that toppled Roe, he urged the Supreme Court not to be squeamish about other rulings it might knock down.

Interracial marriage is protected under federal civil rights law even though it’s not specifically preserved in the Constitution, Mitchell wrote in an amicus brief coauthored by Chicago Law School chum Adam Mortara. The same could not be said for “the court-invented rights to homosexual behavior and same-sex marriage,” they argued.

Obergefell vs. Hodges and Lawrence vs. Texas, the rulings that declared bans on gay marriage and gay sex as unconstitutional, were “as lawless” as the abortion rulings, they wrote. If Roe were to be overturned, Mitchell and Mortara argued, the court should not hesitate to declare that these other rulings are likewise “hanging by a thread.”

Last month, Clarence Thomas said just that.

In a concurring opinion supporting the decision to overturn Roe, the conservative justice called Lawrence and Obergefell “demonstrably erroneous decisions” with no basis in the Constitution or U.S. history. He urged his fellow justices to “reconsider” them.

The judicial philosophy underlying the decision to overturn Roe is called textualism, a theory of interpretation that emphasizes a plain reading of legal documents based on their text. Mitchell is a strong adherent.

“If a constitutional right is not mentioned in the constitutional text, it doesn’t exist,” Mitchell said in a wide-reaching interview. “I don’t care how desirable it may seem as a matter of policy.”

His core belief in textualism is underscored by a concept Mitchell coined himself called the “writ of erasure fallacy.” Courts, even the highest in the land, can only stop certain laws from being enforced by certain defendants, his concept dictates; they do not have the power to “alter or annul” them.

TRUMP SCOTUS

Civil War provision In the Colorado case, the justices reviewed a decision from Colorado’s top court that relied on a long-dormant post-Civil War provision of the 14th Amendment to declare Trump ineligible to return to the White House. The case thrust the Supreme Court into a pivotal role not seen since 2000, when the high court’s decision in Bush vs. Gore handed the presidency to George W. Bush and bitterly divided the nation. The provision prohibits anyone who previously pledged to support the Constitution as “an officer of the United States” from returning to office if they betrayed their oath by engaging in insurrection. The text of Section 3 does not specify who is supposed to enforce the clause or when it should be invoked. In the court’s opinion Monday, the justices drew a clear distinction between state and national elections. “States may disqualify persons holding or attempting to hold state office. But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” they wrote. But five of the six conservative justices went further, writing that the disqualification clause can only be enforced through federal legislation — not a federal court challenge or non-legislative action by Congress. Legal analysts said that requirement would presumably prevent Congress from trying to enforce the statute by refusing to count Trump electoral votes at the Jan. 6, 2025, joint session to certify the election results. The three liberal justices, in their concurrence, said the majority’s approach “shuts the door on other potential means of federal enforcement. We cannot join an opinion that decides momentous and difficult issues unnecessarily.” By dictating how Section 3 is enforced, the liberals said, the majority “attempts to insulate all alleged insurrectionists from future challenges to their holding office,” wrote Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson. “In a sensitive case crying out for judicial restraint, it abandons that course.” Justice Amy Coney Barrett, a conservative, agreed with the liberals in part, writing separately to say that the lawsuit before the court “did not require us to address the complicated question of whether federal legislation is the exclusive vehicle through which Section 3 can be enforced.” The challenge to Trump’s candidacy was brought by six Colorado voters — four Republicans and two independents. The Colorado Supreme Court found Trump engaged in insurrection when he summoned his supporters to Washington and encouraged an angry crowd to disrupt Congress’ certification of Biden’s victory. Insurrection

[iwhishtomeetinournextlife]

An anonymous lover (part 3)

Summary : Y/N sees Sirius Black running away after a particularly rough letter from his mother. She wants to cheer him up and decide to send him a letter, anymously, she knows how much he hates her house.

Warnings : Slytherin!Reader, female!reader, Sirius and James critisizing Slytherins (and Y/N), not proof read

Word count : 1.9K

Part 1 - Part 2 - You're here - Part 4 - Part 5 - Part 6 - Part 7

English is not my first language, sorry if there is any mistakes

-----------------------------------------------

Y/N had transfiguration class next, it was usually the class were she would sat down next to Lily Evans. The two young women liked each other quite well, they weren’t the closest, each having there own group of friends, but it wasn’t that rare for the two of them to study together, or to talk for hour, saying things they felt they couldn’t tell to the people they were the closest to.

That’s how Y/N found out Lily actually quite liked James Potter, and the rest of the marauders, despite being a bit hard on them. And that’s how Lily found out about some of Y/N’s little secrets, like the chocolate she hides in some classes to snack during lessons or that time she stole back one of her belonging from Finch’s office. Despite being part of his favorite house, the caretaker didn’t liked her much.

When Y/N entered the classroom and greeted her professor, she quickly spoted Lily to sat down with her, her being at their usual stop. But when she was about to put her stuff down, someone else hurried to take the spot. Y/N was about to face the intruder, but her words got stuck in her throat when she saw who it was; Sirius !

“What are doing here, Black ?”, Lily on the other hand, despite being happy to see him again, was not going to let him do what he wants. “What Evans ? Not happy to see me ?”, Sirius did an exagerate pout before throwing an arm around her, “that hurt my feelings, I thought you’d be more caring”

“The sit was already taken !”, Lily tried to push him away, with a hand on his face as he was getting dangerously close. At that, Sirius turned to you, “Oh but you don’t mind, right Y/L/N ?”. Before Y/N was even able to form a thought, McGonagall interrupt them. “If you don’t mind, Miss Y/L/N, I would like to start my class”. She got all red. “Sorry Professor”, she then looked around and sat down at the only seat left, who happen to be right next to James.

Once she was at her seat and Mrs McGonagall started her class, she looked at Sirius and Lily, the black-haired was throwing a big smile at their table, but she was unsure if it was to her as a thank you for the spot –he had stolen-, or to James. Y/N then looked at the boy next to her, a bit confused, shouldn’t it be him trying to sit down next to Lily ? James simply respond with an innocent smile before looking at the whiteboard, to try to pay a bit attention to what the professor was saying.

She looked at Sirius again for a few seconds and smiled to herself, looking at what the professor was writting. She was happy to see Sirius was doing better, was it thanks to her letter ? She blushed at the idea, no, it couldn’t be. Sirius was a strong person, always getting up, he was probably already doing better even before receiving the letter. Maybe he didn’t even got it ! She heard Sirius and Lily talked a bit during class but didn’t think of it to much, he was quite the chatty person, always something to say.

“Shit, can I look at your notes for a sec ? I missed the last bit” James was turned to her, Y/N her eyes widen a little, but then she just chuckled. “Sure” She then turn the paper for him to look; “Th-” but he stop when he looked at it, “wh- How can you read this ?!” he talked a bit too loudly and McGonagall scolded him “Mr Potter quiet !”, “Sorry Professor”.

He turned to her again and talked way more quietly this time, “How can you read this ?”, she smiled and respond with a fake wise man voice “I was there when it was written”, James rolled his eyes and she laught at that, “Here, let me help you”, Y/N told him what was written so he could catch up, he thanked her, the rest of the class went smoothly.

Contrary to what people might think when they found out Y/N loved writing letters, she didn’t actually have much of good handwritting on the daily. When she would send messages, she would take her time, appreciating the moment, but in class ? She had to be quick, write all she could with her own note taking system, if you were able to puzzle out the words it was quite helpful, but only a few people were able to do so.

Even professors had a hard time, it wasn’t as bad as her notes but still could be impossible at moment. Many times have some of them asked her to rewrite the whole essay, one even threaten her to not marked it at all and failed her. After that, she made sure to be just a tad more carring of her homework and tests.

At the end of the period, Y/N calmly put her supplies away, contrary to James who stuffed everything in his bag before joinning Sirius at the door, looking like they were waiting for something. As for Y/N, she went to Lily, they were suppose to study together as class stopped early today –poor Professor Slughorn had a burst of Gargoyle fever-.

“So, do we go to the library ?”, Lily felt a bit embarassed “I’m so sorry Y/N I can’t go today, I have to help Sirius-” she looked over and saw James was there too, she sighed, “-and James with something, is that okay ?”. Y/N’s looked soften, “Of course, there’s no problem ! We could always do that another time”, Lily had a big smile “You’re the best”, Y/N flipped her hair in a faux attempt of looking snob, “I know”, they laughted and then went their separated way after saying goodbye.

-------------------------------------

Lily, Sirius and James all went to the boy’s dorm so she could take a look at the letter, so far, it was Sirius’ best shot to know the identity of his mysterious penpal, he really hoped he will be able to find out who it was.

“Take that smug away Potter, I’m only helping Sirius because he insisted a lot”, James simply put his hand in the air in front of him in a sign of peace, “Of course Evans, don’t you put any worries in that pretty head of yours, I had nothing in mind”.

Before Lily could reply, Sirius put his arm around her shoulders, “You’re a saint Evans ! Thanks you for helping me here, you’re my only chance right now to find the one I’m destined to be with !”, Lily rolled her eyes a bit, “If it’s one of your prank I’m going to hex you so hard your kids will feel it”.

The three students entered the dorm and Sirius sat on his bed. “Yeah yeah, of course, it’s not like you had anything better to do anyway”, Lily open her mouth in disbielive “I was suppose to study with Y/N !”, James scoffed, “Yeah, a slytherin, I don’t understand how you can be friend with her !”. Lily rolled her eyes, an habit she did quite a lot around the marauders, “She’s nice, not all slytherin are death eaters”

It was Sirius’ turn to mock her, “ ’might as well be synonym”. Lily hit him with a pillow, “And what would you do if it’s a slytherin your little anonymous lover ? Or Y/N even ?”. James laughed, “With a pig like handwritting like hers, imossible !”, Lily was now red of irritation from the two young men.

“Show me that dang letter so I can be done with you two !”. Sirius growled a bit and gave it to her, while she was reading he thought of the possibility of a slytherin being the one who send the letter and his nose scrunch at the idea. It wasn’t possible, no slytherin would want to cheer someone up, especially not him, or even to say nice things to anyone.

Then he thought of Y/N. Sure, she never did anything wrong to him, she even was nice enough to listen to him rembled with his anecdotes, she even looked like she was actually listening to him, and she was cute, and she smelled like parchment and roses, and her li-... No, that’s not possible. They barely talk together, never would have she known enough of him to write all those nice words, it was purely a polite relationship.

When Lily finished reading she pinched her nose and then sighed, “I’m sorry Sirius, but I don’t know who send you this”

The boy who was previously abstracedly playing with the “kiss”, jumped out of his bed in one motion to her friend. “What do you mean you don’t know ?? You’re their friend !”. Lily put a hand on his shoulder, “Listen, I didn’t recognize the handwriting, I don’t know anyone who can make drawing moves and the things said are not a secret to any of my friends, I’m sorry”.

Sirius let out a loud growl, throwing his head back, James sympathetically tapping his shoulder. He had such a pityful puppy face, Lily felt bad. This letter was full of love, no denying that, and clearly Sirius wanted to find the one who sended it. “Look, I can give you a list of the friends I talked to the most, that might help narrow it down and I would try to get information, alright ?”

Sirius’ face lighted up and he took Lily and James in a big bear hugs, “Thanks Evans, you really are a saint !”, Lily laught a bit “You already said that”. Sirius winked at her, “We should start with those who write with colored ink maybe ? There shoudn’t be that much people”. James shook his head, ”You don’t remember ? It’s actually very popular, so much, Minnie had to precise light colored ink were prohibited to use on tests and homeworks because some idiots started to use yellow ink”. Sirius had a bit grin on his face, “Then I guess we better get started, Prongs”

And that’s how mission “Anonymous lover” started, the marauders would try to gather information on Lily’s friends, on who might have or might have not write the letter, but they quickly found out none of her close friend had anything to do with it.

----------------------------------------------

The rumors of Sirius searching for a mysterious penpal didn’t took long to reached Y/N. She was a bit shocked, why would he wants to meet her ? She didn’t thought he would tried to find her, she didn’t know what to do, she didn’t want him to be desappointed to found out it’s her. She had talked of it to noone, and she hoped that for now, there were no way to find her, she wanted to think about it for a bit on her own.

After debating with herself for a few day, she decided to have a bit of fun with it, watching Sirius looking for her at the complete wrong place was quite entertaining, and she wanted to try to have a chance to have Sirius to get to know her without the prejudice of her house on the way.

That night, she decided to write, and before classes the next day, she gave the letter to an owl, who would send it at lunch with the other owls. She couldn’t wait to see his face.

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taglist : @blackpinkdolan

[merthwyn]

Abusive behaviour by a paranoid professor

On July 2017 I enrolled in a postrgaduate programme related to intercultural education. This was maybe the biggest mistake in my whole life. And here is why:

From the very first courses, many of my colleagues and I realised that the director of the program is a narcissistic, irresponsible egomaniac and an arrogant psycho who projects her insecurities onto others, never accepts responsibility for anything, and always blames others for her mistakes. Moreover, this person refuses to co-operate with anyone, and her relationship with dozens of other professors in almost every single educational institution where she has worked is dreadful. At the same time, she is in cahoots with authorities, she even manipulates the rector of the university where she works, as well as many other professors, while her “spies” are absolutely everywhere.

Long story short, this behaviour caused us dozens of problems during the course. To mention only some of them, she was constantly changing the course’s schedule, we were asked to write essays that were never corrected, she was literally vanishing for months and we were prohibited from contacting her, if anyone complained they would receive tonnes of gaslighting, and -needless to say- even the whole programme was proven to be “false advertising”, since many things that were supposed to be offered therein not only never happened, but -as we were informed- they were even against official regulations from the Ministry of Education!!

Of course, we had to pay for this. And when we realised all that I mentioned above, we were not allowed to quit -let alone to ask for a refund. She also demanded to receive every single penny ASAP. So we just sucked it up. But the whole madness of course didn’t stop there, as the time to write our final dissertation inevitably came.

Before Christmas of 2018, we were asked to choose our supervisor. The subject of our thesis was -of course- chosen by her and she didn’t accept any objections by anyone who was not part of her “groupies” clique. (Btw, this was the last time we spoke to her directly). Anyway, we chose our supervisors. And some weeks later we were informed by email that the supervisor of every single thesis will be -guess who- HER!!! We sucked this up as well, and we started writing our theses, following word for word what she asked us to write.

Time passed, and June 2020 came. I repeat, the last time we directly spoke to her was before Christmas of 2018. In the meantime, she gave no signs of life and never responded to emails. So, a colleague of mine decided to write in the programme’s facebook group, asking if anyone had any news from her. Nothing more, nothing less. Some people commented without being offensive at all. I “liked” the post. What happened next?? She became COMPLETELY TRIGGERED and sent an email full of passive-agressive statements and threats to everyone. Moreover, the post was deleted by one of her spies, she blacklisted everyone who liked or commended in the post (including me), and she sent to the seven of us another email saying that she will no longer supervise our theses but -at the same time- she demanded changes in our theses’ content which were completely different from what we were asked to do in the first place.

Of course, the drama did not end there. I made the changes she asked for, and on September 2020 I re-sent my thesis for correction, only to find out that my new supervisor (who is the one I had chosen in the first place) wanted almost completely different things to be written in many parts of my thesis, things that make ABSOLUTELY NO SENSE. I also learned that this man is one of her “groupies”.

Do you believe that this story is over? Ha!! THERE IS MORE!!!!!! This paranoid woman gave the aforementioned blacklist TO A LAWYER. And not only that but she falsely accuses me of writting offensive comments under that post. And, since this post is now deleted, I have absolutely no proof that she is an ABSOLUTE LIAR.

Oh, and do I have to mention that my family IS TAKING HER SIDE??? Although they know how crazy this woman is, although they admit that her behaviour even in that case makes no sense, they still abuse me emotionally and blame me for this incident. According to them, the fact that I liked a non-offensive post (which btw was made many times in the past but nothing happened) is WORSE than the fact that she and her groupies behave like gangsters.

So, from what you ‘ve read so far, do you really believe that this story will have a good outcome? I DON’T THINK SO.

[rosepetals-flyingbirds]

Only Mine.

Pairing: Hvitserk x Reader.

Warnings: SMUT. (BDSM, name calling, et cetera.)

Word Count: 2K.

Note: Even though I reallyyy love Hvitty you guys have NO IDEA how hard its to write something and hold myself to not turn it to an Ivar’s story, that fucker steal all my attention to him. I hate him -not really.-

Hvitserk wasn’t so innocent as a few people liked to portray him. Ubbe is softer, Ivar is madder but Ivar let everyone know about that. But Hvitserk?

He is as twisted as his younger brother, and you knew it well.

The Ragnarson’s cabin was saved for you two, a special night, the night of your birthday.

The soft fabric around your eyes destroying any chance you had to see your surrounds, a piece of cloth around your wrists knotted in the bed.

Back at your house you didn’t imagine that would be the scene.

Hvitserk -as he likes to call himself- was your boyfriend. You knew he really cared about you when he got extremely protective around his brothers, ’Y/N isn’t to share, she is mine and mine only’ he had said.

Your breath grew thick as you felt him step away from you. You weren’t sure where he was until you heard the oak furniture a few feet away from you creak under his weight. You intuitively turned your body towards him and only too late realized your mistake.

Hvitserk tasked and you could hear a cup of ale reaching his lips. “Have I said you could move? Maybe those knots aren’t firm enough.”

The sex was always amazing, one day you would ride him until the sunlight, others Hvisterk wanted to have full control. And tonight… was one of those.

“They are firm enough. I’m sorry, I just miss you so much. You were so preoccupied with training with your brothers that I felt aside.”

“I didn’t leave you aside doll, if I did I wouldn’t remember that today is your birthday, and I wouldn’t have brought you here to celebrate. You better stop moving.”

The silence was damaging as you remained for his moves. The sound of ale filling the horn cup was making you even more nervous, Hvisterk has never used such… ideas before. And the prohibition of your senses sharpened even more the wetness growing between your thighs.

He might have seen you rubbing your thighs together. “Open your legs for me.” His rough voice ordered, and you were sure if he tried to make you come undone only with his voice… he could.

The lack of movement might have shown him how nervous you were, you were shy to open up to him, of course you have before but you would see the glisten arousal on his green pupils, but with a cloth in your eyes you couldn’t see him. “Will you disobey me?”

“No.” You grunted.

“No what?”

There it was, the petname he loved to receive, the one that he was sure he would receive one day. “No, my king.”

Taking a profound breath you tried to overcome the nervousness. Wrestling every feel of your senses which couldn’t center on anything other than Hvitserk pounding into you. Or maybe his clever lips and tongue working on your skin or in your core.

The footsteps went closer and closer.

You felt like a helpless prey under the sight of the big bad wolf. He paused his steps, close sufficient for you to feel the heath of his skin and his hot pant on your naked body.

The bed dipped under his weight, you could sense he was straddling you, the warmness of his skin surrounding you like a cocoon. “I can smell your arousal doll, so sweet.” His deep voice stated and if you weren’t laid already you would have fallen in the floor, your knees weak under his words.

You jumped when you felt something cold on your abdomen, ale.

He licked it off of your skin and you moaned. His hot breath went near and near until you felt his hand on your cheek and his lips in your neck. Kissing down your neck his strong hands found your waist spinning you around and forcing you down on the furs, the position wasn’t pleasing for your wrists, but with his breath going down on your naked back you didn’t care. His hands roaming your body and you squealed when a slap came to your ass.

Hvitserk kissed the back of your neck surely trying to leave marks for the next day, another slap came and the sting sensation only added to the pool in your cunt. “Fuck Hvitty.”

A hand wrapped your hair in a ponytail and pulled your body up to touch his, how bad you wanted to see him looking at you, you knew that it wasn't the lovely hue of green you loved so much, only blackness desire. “You know the rules doll, here you call me king!”

A gasp left your lips, he will kill you for sure.

His kisses went down and down until he was biting your cheek. Licking, biting while his other hand was cupping the other asscheek. Twisting your body again you got back to your previous position, laying on your back you moved your hands in circular motions thanking the gods for the relief that reached your sore writs.

Kissing your thighs really slowly you wanted to jump in the bed, but Hvitserk was smarter and his hands were already planted on your hips holding you down.

Lips driving near and near your core, your heart pounded faster when you felt his tongue licking the wetness that had collected on your thighs. Each long stripe of his tongue made a low moan leave your lips. Opening your legs rather forcefully he quickly placed one of your legs on his back and held the other against your chest. “Mmm pretty cunt.”

Sticking his long tongue in your entrance Hvisterk didn’t lose time to make a mess out of you.

You wanted to rip the cloth around your wrists, you wanted to hold his hair, wanted to undo his braid and hold into his rich hair. “Hvi- My king! Ah! Please, please.” Chuckling in your entrance the vibrations send another shiver in you, Hvitserk absolutely loved your taste, he always said it was better than anything he had ever tasted.

He was basically lapping in your juices, you could feel the buzzing growing in your lower belly. Dear Odin, how you wanted to hold his hair and hold him right there!  His mouth went missing but quickly replaced with his large hand, circling his hand saving your wetness on his palm. When the movement stopped you felt the buzzing in your labia and clit. His lips trailed all the way up and you felt his hand holding your face, his palm directed to your lips making you taste yourself out of his skin.

Your nipples harder than the bed that supported you two, Hvitserk always got amused at how your nipples could change even without his directed touch.

It got him mesmerized, at how your body answered to his touch, voice or mere presence. When his palm left your face you couldn’t grab oxygen because his lips were fastly on yours, moving in sync and tasting you out of your mouth.

“I could eat you alive.”

“Please my king, is my birthday.” Pulling the knotted cloth Hvitserk smirked, he could always torture you in other opportunities. And after all… it was your birthday, he wasn’t that cruel.

He held your face firmly. "Open." You obeyed him and when you did he spat on your mouth. "Now swallow." You did as ordered and opened your mouth again showing him your empty tongue. "Such an obedient whore."

Licking your tongue, lips, cheek and earlobe he touched the cloth in your eyes ripping it apart, opening your eyes it quickly adjusted to his gorgeous face.

“Fuck.” The curse left your lips even unconsciously, Ragnar indeed had handsome heirs.

His hands gripped the cloth around the wood leaving you free of the restrains, your hands found his neck and moved up to his hair. Your leg moving to his waist and holding him to you, literally clinging on him. “I love you, my king.”

“And I love you, dove.” You two made out what seemed the mixture of eternity and a couple of seconds.

Hvitserk stopped to catch his breath and glanced down where you were rubbing your clit on his skin, his trousers wet due your cunt. “You look like a kitten.”

Nodding you didn’t stop your moves, and when his hand found your hip holding you firmly against him you moaned. “Your kitten.”

"And only mine.” You nodded, but it wasn’t enough for him. Grabbing your cheeks forcefully and making you look at him he held the firm grip. “Say it!”

“Only yours, my king, my Hvitserk.” A smile appeared on his lips but it was quick. Your climax was close, you could almost touch it! But of course he held your form making impossible for you to grind on him.

Frustrated you swiftly reached out for him, cupping his throbbing cock through his pants inducing a loud shocked groan from his lips before he forcefully grabbed your wrist removing your hand from him.

Holding on your wrists above your head he locked you. He moved fast and took his cock out of its confinement and didn’t lose time to slide it inside you without further notice.

Gasping at his size your locked hand intertwined with his fingers and you freed the other to hold his muscled back, your nails marking him down.

“You know you can’t tease me!” He hissed into your ear causing your entire body tremble. Smiling you bit your lower lip and chuckled, Hvitserk tried to ignore the amazing feeling if your warmness wetness engulfing him to look at you.

He said you couldn’t tease him, but when you smiled at him while he pounded into your wet cunt drove him straight to the walls of Valhalla.

His little feisty minx.

“If you can’t control yourself my little girl. I will do it for you!” He growled and his hand found your neck and held firmly, not choking, just there.

But your smile didn’t fade, nor your smile nor your gaze at him. Hvisterk swears he could see the fire in your eyes.

Losing all his power he let go of your neck and attacked your lips. It wasn’t a fight for dominance… it was a battle!

Nips, bites, licks all over the place. You sucked his tongue and his eyes rolled back.

His hips so close to yours that you could feel him hitting your cervix as how deep he was, his pelvis grinding on your clit and his balls slapping near your asshole with each thrust. He was close but he needed you to come before him, he pulled your legs near your chest and you cried out.

Tears were starting to fall from your eyes at how much pleasure you were feeling.

Hvitserk let his hand off of yours because he needed to hold you even closer, his hand found your hip and got faster on his movements. “I love you so much.”

Using your free hand to hold his neck you nodded completely out of breath. “I love you too, my king. I love you so much.”

“Such a good whore.” The bad language made you impossible wetter and you looked up into his eyes letting him lick the tears from your cheeks, he loved that you were his and his only.

A whimper left your lips and he knew you were close, not losing time his mouth found your nipple and his hand left your hips to touch your clit.

The addition of it all and how his hips were starting to lose control like a signal that he was close. You shut your eyes and held his hair in your hands.

Everything was too much, you could feel him everywhere. And you loved that with every fiber of your being.

The sounds of flesh hitting flesh mixed with your moans of pleasure, his growls and the wet sound filled the cabin as he let free.

Pounding into you he felt your walls squeezing the nine realms out of him. It was the best feeling in the world.

You lingered completely still feeling the galaxy around you stopping, white stars and hundreds of constellations. The sensitiveness broke your trance, groaning Hvitserk took his cock out of you slowly, you both were spent.

He was on his knees and gazing at your hole but before you could ask you felt the hot liquid leaving you, then he touched his seed and placed it on your lips.

You swallowed it making him smile while he laid near you.

After some time of calming down, he hovered you to kiss your belly, the valley between your breaths, your collarbone, your throat, your chin, each of your eyes and lips. “Happy birthday, sweet Y/N.”

You chuckled and held his body near yours hugging him and enjoying the sensation of intimacy. Nothing was better than that feeling.

                         ...

🦄

[crackinglamb]

7,15, 18, 28, 37 for fic writer questions! Thank you!

@natsora out here makin’ me think this early in the day....

Thank you, though, truly.  I love doing these.  I’m going to put this under a cut, because it came out really long.

7: Share a snippet from one of your favorite pieces of prose you’ve written and explain why you’re proud of it.

From Junkyard Dogs:

“Hancock?” she asked after a while.

“Hmm?”

“How am I going to do this?” He was silent for a moment as he framed his thoughts, enjoying the silk of her hair running through his fingers, clinging to him with static. She was relaxed, almost boneless, as the heat of the water worked a magic on her tense muscles no amount of chems could do.

“You’ll do what you gotta. You and me, we’re like junkyard dogs. We find a scrap of something and call it ours. We defend it, fight off anything that comes our way and take no prisoners. We fight with anything that comes to hand, even our teeth and nails. Everything becomes a tool in our hands. The Institute will be no different.”

Obviously, this is from whence the fic gets its title.  This was my very first published piece of fanfiction.  The lines Hancock says describe the entire tone of the story in just a few words.  Sometimes I surprise myself with that sort of thing.  This is also my most popular and ‘successful’ work, although Flash In the Pan is catching up.  I’m proud of it still, even though I don’t write for the Fallout 4 fandom anymore, simply because it was first, it was proof I could still write (it had been a long time), and that people liked what I created.  Personal and public validation in one.

15: If you could choose one of your fics to be filmed, which would you choose? 

...I have no idea.  I just sat here for a solid five minutes thinking about it and not a one came to mind that couldn’t already be done with the right mods and editing software, since all of my work comes from video games.

Not to mention, considering my penchant for writing explicit content, the rating on that would be...prohibitive.

18: Do you use any tools, like worksheets or outlines? 

Not especially.  I’ll make notes for myself at the end of a document to keep myself on track or jot down ideas to be fleshed out later.  That’s about as far as I go with outlining.

28: Share three of your favorite fic writers and why you like them so much. 

(For all my other lovelies out there, please don’t feel snubbed.  I love you all, but this ask is just for 3 faves, so I will go with the ones that I read over and over.)

words-writ-in-starlight, because OMFG the levels of emotional intensity make me feel incredible, indescribable things.

MizDirected, because the sheer intricacy of the butterfly effect combined with the truly stellar psychological horrors therein is what inspired me to write my very own canon divergent ME fic.  I cannot compare to that, nor do I try to, but I enjoy every moment of reading their epic Future Imperfect.  The volume alone was at first intimidating, but then I literally couldn’t walk away, couldn’t stop, even when my heart was breaking and I was ugly crying at my computer at 3 in the morning.  I have read all 988K words four times.  In a year.

And finally, Azellma.  I will read anything by this author, anything.  I have devoured each and every one of their works, regardless of fandom.  Again, levels of talent and thought that I simply don’t have in me, but that’s okay.  Cuz I can enjoy theirs and get lost in the word sauce happily.  Seeing an update email fills me with squee.

37: Talk about your current wips.

This is a list, you realize.  I have like...five.  No, I don’t have a life, why do you ask?

Racing Down the Barrel: a sequel and part two of my series Soldier, Spectre, Savior.  Mass Effect trilogy retelling with canon divergence, namely that Garrus and Shepard were already a couple before the events of ME1.  Headcannons galore, thought out reasoning behind paragon choices, true love.

Maker Damned Fools - Fluffy Version: my first attempt to write Dragon Age.  Again with some divergence because canon does not spark joy.  Varric/Female Hawke pairing.  I will go down with that ship.  Part of the Fluff-uary 2020 series, a prompt challenge that I am co-creator of with @ir0n-angel.  The basic premise of this will eventually be expanded into a longfic.

Cross-Species Liaisons: the other part of the Fluff-uary 2020 series, this being all Mass Effect.  Shakarian and Shryik.  Post canon ficlets for Jayne and Garrus, interspersed ficlets for Henna and Nihlus, with some Henna and Garrus thrown in soon.

Accidental Synchronicity: the aforementioned headcannons?  Yeah, one of those became this.  Jack/Thane.  Short, not so sweet although it has its moments, almost finished.  One of two works of mine that actually needs the archive warning ‘Major Character Death’, which I usually don’t write and don’t tend to read, honestly.  But you can’t save them all, and it’s already established in my timeline that Thane will remain true to his canon arc.  Uh...spoilers.

Some Kind of Resolution: a Nihlus fix-it.  Turned poly on me, which shouldn’t be a surprise to anyone who knows me.  Don’t make me choose between turians; I have an alternate solution.  It was initially only going to be the first game.  Then of course Garrus popped up his head and said ‘what about me?’  And...yeah... now it will span the entirety of the trilogy.  Gonna be long, this one is, I foresee it being a second fic of mine that breaks 100K words.  Currently on hiatus while I work on Fluff-uary stuff, since it’s the only WIP without a backlog of already completed chapters.

[legalfirmindia]

WRIT OF PROHIBITION

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Writ of Prohibition as…

[whereasthepeople-blog]

Why was Faruqi v Latham heard in the Federal Court?

I, like many legally-minded people in Australia, was last week transfixed by the interlocutory judgment delivered by Wigney J in Faruqi v Latham [2018] FCA 1328 (‘Faruqi’). That judgment is worth reading, in its entirety, even if you have no interest in defamation law or Australian politics. I extract one of my favourite portions below (from [32]-[34]):

Mr Latham’s defence is, on just about any view, an extraordinary document. In order to address Mr Faruqi’s strike out application, it is necessary to attempt to come to grips with it. That is no mean feat.

There are 12 “parts” to the defence. There are also nine schedules.

Part A of the defence purports to deal with the interpretation of the defence. It needs to be read in conjunction with Schedule I, which is said to be a “dictionary” of words and expressions used in the defence. … One example from the dictionary will perhaps suffice to give a general flavour of what is under consideration. The expression “the Bowdlerization” is defined in the dictionary as follows:

the expression, referred to in subparagraph 65(b)(ii) of this pleading:

•    which Latham used in lieu of the word “fucked”;

•    comprising the name of the letter “F” followed by the past participial suffix “-ed”; and

•    sounding roughly like “effed”.

However, this is a constitutional law blog that takes no interest in the law of defamation. And so I came away from this judgment with just one question: ‘why on earth is an action in defamation being heard in the Federal Court?’ Defamation being, as you will all know, probably most fairly characterised as a common law claim with such statutory influence as the particular State (or Territory – this is foreshadowing) has exerted. What business does a Commonwealth court have hearing such a matter?

Well there must be some claim within federal jurisdiction or something…

Alas, no (well sort of) – as far as I can tell from this (interlocutory) judgment, neither party has pleaded anything resembling a claim falling within the traditional ‘heads of federal jurisdiction’ that are statutorily conferred on the Federal Court. The Federal Court’s jurisdiction is effectively whatever is conferred on it by statute (see section 19 of the Federal Court of Australia Act 1976). The Judiciary Act 1903 goes one better and actually specifies some jurisdiction, providing in section 39B(1A):

The original jurisdiction of the Federal Court of Australia also includes jurisdiction in any matter:

                    (a)  in which the Commonwealth is seeking an injunction or a declaration; or

                    (b)  arising under the Constitution, or involving its interpretation; or

                    (c)  arising under any laws made by the Parliament, other than a matter in respect of which a criminal prosecution is instituted or any other criminal matter.

Now the ‘also’ is a reference to the preceding subsection (1) which confers jurisdiction with respect to writs of Mandamus, prohibition or injunctions sought against officers of the Commonwealth (subject to certain exceptions). Now, neither Faruqi or Latham are officers of the Commonwealth so it’s not that one. The Commonwealth is not a party, so paragraph (1A)(a) is out too.

It’s not a matter that arises under a law made by the (Commonwealth) Parliament. Although the headnote at time of writing is incorrect on the Federal Court website and refers to a ‘Defamation Act 2005 (Cth)’, there is of course no such Act. The Act the court deals with is the New South Wales Act.

Now, Latham’s defence did actually plead the constitutional implied freedom of political communication ([75] of the judgment). While pleading a constitutional defence can bring a matter within federal jurisdiction (and Faruqi may have presumed that such a defence would be pleaded, meaning the matter would involve the exercise of federal jurisdiction), there is another all-encompassing answer.

So why is it in the Federal Court then?

Well,  the answer is found in the case of Crosby v Kelly [2012] FCAFC 96 (‘Crosby‘). Crosby concerned a defamation action brought in the Federal Court by Mr Crosby, against Mike Kelly, a Member of the House of Representatives.

Questions about jurisdiction were raised – while it was initially thought that Mr Kelly might rely on the constitutional defence referred to above, or his status as an MP in some fashion, those defences did not materialise in the pleadings (Crosby at [11]-[12]). The jurisdictional question was therefore still a live one. What would be the source of the Federal Court’s jurisdiction to hear and determine the matter?

As it turns out, in the opinion of Robertson J (with whom Perram and Bennett JJ agreed), jurisdiction was conferred by section 9 of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth). Subsection (3) of that section provides:

(3) The Federal Court or the Family Court may:

(a) exercise jurisdiction (whether original or appellate) conferred on that court by a provision of this Act or of a law of the Australian Capital Territory or the Northern Territory relating to cross-vesting of jurisdiction; and

(b) hear and determine a proceeding transferred to that court under such a provision.

As can be seen, it is a section conferring jurisdiction on the Federal Court to exercise jurisdiction conferred by ‘a law of the Australian Capital Territory’.

Section 9(3) is a law of the Commonwealth conferring federal jurisdiction on the Federal Court – the jurisdiction being defined by reference to laws of the Australian Capital Territory. One such law of the ACT is the Jurisdiction of Courts (Cross-vesting) Act 1993 (ACT), which confers jurisdiction on the Federal Court in respect of ‘ACT matters’, which are in turn defined as ‘a matter in which the Supreme Court [of the ACT] has jurisdiction otherwise than by reason of a law of the Commonwealth or a law of another State’.

What falls within that gap between Commonwealth laws and State laws? Why, other laws of the Territory of course. Such as the Supreme Court Act 1933 (ACT) which relevantly provides:

20(1) The court has the following jurisdiction:

(a) all original and appellate jurisdiction that is necessary to administer justice in the Territory;

(b) jurisdiction conferred by a Commonwealth Act or a law of the Territory.

The jurisdiction conferred on the Supreme Court of the ACT under that section would naturally extend to hearing and determining a claim under the common law of defamation as supplemented by the Civil Law (Wrongs) Act 2002 (ACT). Tracing it back, the jurisdiction conferred on the Supreme Court of the ACT by a law of the territory is vested as well in the Federal Court, which section 9(3) of the Commonwealth cross-vesting Act picks up as a Commonwealth law and confers the relevant jurisdiction on the Federal Court by force of that law of the Commonwealth (Crosby at [35]).

So, that’s how we get to a defamation claim in the Federal Court. Of course, in the case of Faruqi there is also arguably federal jurisdiction in any constitutional defence that the defendant raises (the previous defence having been struck out).

Now, I have obviously given a fairly abridged account of the decision in Crosby, which while concise is complex and replete with references to High Court authority that I haven’t discussed here. If you’re interested in the details, I’d suggest reviewing the judgment for yourself. If you’re interested in bringing a defamation proceeding (in the Federal Court or otherwise), get some legal advice and good luck to you.

Whereas the People is an Australian constitutional and public law blog.

[class-xyznotes]

Unit 07 The Aged Mother English Notes Class 10

Unit 07 The Aged Mother English Notes Class 10

The Aged Mother

Unit 07 The Aged Mother A. Answer the following questions. What is the theme of “The aged mother”?Ans: The theme of the story “The aged mother” is that the aged people are wiser and more experienced than the young people because they observe life from very near.Why did the farmer decide to take his mother to the summit?The farmer decided to take his mother to the summit to abandon her there for some time. In this way, she will die in isolation.Why did the son hide his mother in the closet?The sun hid his mother in a closet beneath the floor of the kitchen so that she may escape the possible death sentence announced by the governor for the aged people.What does the phrase “with the crown of snow there cometh wisdom” mean?The phrase “with the crown of snow there cometh wisdom” means that wisdom is achieved with the passage of time.What is the climax of the story “The aged mother”?The climax of the story “The aged mother” is that when the farmer discloses the secret of his mother in front of the governor. He listened to him silently and then he ordered to abolish the cruel law of killing all the aged people.Why did the farmer disclose his secret?The farmer disclosed his secret in front of the governor because he thought it a safe way for himself. He wanted to inform the governor that the aged people are very important for the state because they have a lot of experience and wisdom.What are the elements of the story “The aged mother”?The elements of the story “The aged mother” are characters, setting, beginning, middle, end, and moral lessons. Farmer, Mother, and Governor are the main characters of the story. The setting of the story is the town of Shinano. The importance of aged people is the moral lesson of the story.What is the setting of the story?The setting of the story is the town of Shinano, where a small hut was situated at the foot of the mountain. In that hut, the farmer and his mother were living.Why did the leader issue the proclamation?The leader issued the proclamation to put all the aged people to death because he thought that old people were dangerous for his despotic rule and strength.How does the poor youth feel about the proclamation?The poor youth felt sorrow and distress about the proclamation.How did the youth carry out the order?The youth carried out the governor's order with the help of his old mother. He made a rope of ashes because of his old mother's suggestion. B. Choose the correct option. 1.(c) The governor was a cruel man. 2.(c) The mountain was steep & he was to abandon his mother. 3.(d) He was greatly moved by the pains she took to guide him back his home. 4.(b) Wisdom comes with the passage of time. 5.(b) Citizens.

Grammar

Model verbs: A. Choose the correct answer about the function of the model verbs in the following. Model verbs: Model verbs are used before ordinary verbs and express meanings such as permission, possibility, certainty, and necessity. Can, could, may, might, will, would, shall, should, must, and ought are Model verbs. - (c) To make a semi-formal request - (b) For the prohibition - (a) To convey the idea of an obligation - (b) To express willingness - (c) Expressing lack of necessity   - (a) To make a request - (b) To make a prediction         - (d) To show habitual activity - (b) For offering someone helps - (b) Requesting for help B. Choose the most appropriate answer to express the idea specified in parenthesis. - (d) Should - (b) Could you - (a) - (d) Must - (a) Can

Class 10 English Notes The Aged Mother Newly updated 2021

The Aged Mother class 10 english notes for all pakistan education boards. Q.1) Why did the farmer decide to take his mother on the summit? Answer: The farmer decided to take his mother on the summit because it was the order of the emperor to kill all the old citizens. There was a summit named as 'Obatsuyama' meaning the 'mountain of the abandoning of the aged.' Therefore, the farmer took his mother to the summit to leave her there to die as per the order of the despotic leader. Q.2) Why did the son hide his mother in the closet? Answer: The son hid his mother in the closet so the soldiers of the leader would not find her as it was against the orders of the leader to have any aged person at home. Being a sympathetic and loving son, he considered the closet a safe place for his mother. Q.3) What does the phrase "with the crown of snow, there cometh wisdom!" mean? Answer: The phrase "with the crown of snow, there cometh wisdom" means that as the person grows older, he becomes wiser and intelligent. Here 'the crown of snow' stands for white/grey hair. With age, people learn from their personal and professional experiences about how to lead life and deal with situations in a much better, appropriate and effective way. Q.4) What is the theme of "The Aged Mother"? Answer: The theme of The Aged Mother is quite heart-touching. This story reflects the concept that whatever the circumstance will be, the mother always has a desire to help her children in any time of need. It is the unquestionable love of a mother that always resides in her heart for her children even if her children won't pay her back with the same love, generosity, and care. Q.5) What is the climax of the story "The Aged Mother"? Answer: The climax of the story happens when the farmer drops his mother at the summit and is about to leave, his mother tells him to follow the path of twigs that she has placed at intervals so it would be easy for him to go back his home. It is the most touching moment of the story that makes the farmer's heart melt, then and there he decides to take her old mother with him without giving a second thought to the cruel order of the governor. Q.6) Why did the farmer disclose his secret? Answer: The farmer disclosed his secret because he was forced by the leader to tell him the secret of his wisdom that being such a young fellow how he would be able to obey his order of making a rope of ashes. At that time, the farmer disclosed his secret of his alive old mother who gave him the idea that he followed to make a rope of ashes. Q.7) What are the elements of the story "The Aged Mother"? Answer: The five elements of the story 'The Aged Mother' are: Setting: The story takes place in the town of Shinano at different times of the day. Characters: The story revolves around three major characters i.e. farmer, his old widow mother, and the despotic leader. Plot: The events happen in a logical manner throughout the story. Conflict: The conflict arises with the order of the dictator leader to put to death all the aged people of the town. Resolution: The problem is resolved by the farmer by hiding his mother in the closet, safe from the evil eyes of the leader's soldiers. Q.8) What is the setting of the story? Answer: The story takes place in the town of Shinano, a town that is governed by an authoritarian leader. The story does not revolve around any specific time of the day, it varies as the story moves. Q.9) Why did the leader issue the proclamation? Answer: The leader issued the proclamation of taking the lives of all the old citizens of the town because he considered their survival a cause of failing health and strength. That's why the leader issued a cruel and barbarous proclamation for all to obey. Q.10) How does the poor youth feel about the proclamation? Answer: After hearing the proclamation by the leader, the youth feels very sad and gloomy. The order fills the heart of the young farmer with extreme grief and sorrow. Q.11) How did the youth carry out the order? Answer: Though it was difficult for the loving and caring son of the aged mother to carry out the order of the leader but as he had to obey the orders so it was twilight when the farmer took rice and bottle of water with him and carried his mother on his back. He climbed the steep mountain by carrying the burden of his old mother. He had to leave his aged mother at the mount Obatsuyama where she would die alone.

Vocabulary

Q.1) Use dictionary to: 1) Find the meaning of the following words. 2) Identify the part of speech of the word through abbreviation used. 3) Find guide and entry words for the following words. Strength        Reverence                 Comfort                 Frequent Humble          Barbarous                 Hunter                    Twig WordsMeaningsStrengthPowerReverenceAdmiration, AppreciationComfortA state of physical ease and freedom from pain or constraint.FrequentRecurrent, ContinualHumbleRespectfulBarbarousCruel, Extremely brutalHunterHuntsmanTwigSmall branch WordsParts of SpeechStrengthNounReverenceNoun, VerbComfortNoun, VerbFrequentAdjective, VerbHumbleAdjective, VerbBarbarousAdjectiveHunterNounTwigNoun Guide WordsEntry WordsStrawStrengthRetreatReverenceColouredComfortFreeFrequentHumidityHumbleBargainBarbarousHumiliateHunterTutorialTwig

Writting

Q.1) Write a summary of any other story that you have read about mother. Answer: Title: Mother's True Love Summary: Once there lived a couple who had a son. The son grew old so they decided to arrange his wedding. After sometime, the father of the son died so he sent his old mother to old age home. One day when he went there to meet her, he came to know that she had only a few hours left to breathe. He asked her what she wants. She asked him to arrange fans and fridge for the old age home. The son asked her why she want these things when she was about to die? The mother replied that she knew it well that he would not live comfortably here without these things when his children would send him to this old age home. This shows the unconditional love of the mother who did not demand anything and even after bearing her son's cold and rude attitude she thought about the comfort for her son. Q.2) Translate the following passage from English to Urdu. The trembling mother’s voice full of unselfish love delivered her last injunction. “Let not thine eyes be blind, my son.” She said. “The mountain road is full of dangers. Look carefully and follow the path which holds the piles of twigs. They will guide you to the familiar path farther down”.  The son surprised and looked back to the path and then to the hands of the poor old lady. They were shrivelled, scratched and soiled. His heart broke within and bowed to the ground crying aloud: “oh, honourable mother, your kindness breaks my heart! I will not leave you. Together we will follow the path of twigs, and together we will die!”  Answer: Translation: ماں نے کانپتی ہوئ آواز میں آخری حکم امتناع جاری کیا وہ آواز جو بے غرض محبت سے بھری تھی۔ "اپنی آنکھیں اندھی نہ ہونے دینا، میرے بیٹے،" وہ بولی۔ "پہاڑ کا راستہ خطروں سے بھرا ہے۔ دھیان سے دیکھنا اور اس راستے کی پیروی کرنا جہاں شاخوں کے ڈھیر لگے ہو۔ وہ نیچے پہنچنے میں جانے پہچانے راستہ پر تمہاری راہنمائ کریں گے۔" بیٹا حیرت ذدہ ہوا اور اس نے پیچھے راستے پر دیکھا اور پھر بوڑھی خاتون کے ہاتھوں کو۔ وہ جھریاں پڑے، خراش ذدہ اور خراب ہاتھ تھے۔ اس کا دل اس کے اندر ٹوٹا اور زمین پر جھکا اور بلند آواز میں رونے لگا:"اوہ! میری معزز ماں، آپ کی رحمدلی نے میرا دل توڑ دیا! میں آپ کو نہیں چھوڑونگا۔ ہم دونوں مل کر شاخوں کے راستہ کی پیروی کرینگے، اور ایک ساتھ دونوں مریں گے!" Q.3) Analyze the last paragraph in the text to identify the theme/general subject, key idea/central thought (a statement about the general subject), and supporting details. Answer: The last paragraph gives a moral lesson to the readers that we should not forget our elders especially our parents as they are wiser than us, they have gained wisdom through their life experiences. If we ignore them or their advice, then we would be in loss. Therefore, we should give respect and pay heed to whatever our elders/parents say or advise us in any time of need or under any circumstances. Q.4) Discuss respect of elders/parents with reference to today's youth. Write a paragraph of at least 100 words. Answer: Time is never static, it keeps on changing and with it, we can witness the change in ethics, values, norms, and attitudes of the people and societies. Today's youth is showing less respect towards their elders, this is something we are prone to hear from almost everyone. There are various reasons for this. The first and foremost one is the lenient and friendly attitude of the parents. Secondly, parents usually are so busy in their lives and work that they do not have time to spend with their children to tell them the values and moral ethics. It is due to the lenient and casual attitude of the parents that turn the present youth into someone who shows disrespect to their elders/parents. Q.5) Write down the summary of the lesson 'The Aged Mother.' Answer: In this lesson, we have learned about the unconditional love of our mothers. Once there lived a farmer with his old mother in Shinano town that was ruled by a cruel leader. One day, the leader gave orders to clean the town with the presence of old people as he considered them the sign of failing health and strength. Though people were reluctant to carry out his orders but they had to follow. The farmer loved his mother to a great extent but as he had to follow the order so at twilight he carried his old mother on his back and climbed the steep mountain to reach the summit Obatsuyama where old people were sent to die alone. When he was carrying his mother, his kind mother knew that his son had to come back and it might be possible that he would forget the path so she plucked the small twigs of the trees and dropped them in the form of piles at various intervals. When the son was about to leave, the aged mother asked him to follow the path of twigs so he would reach down safely without forgetting the route. This made the son sad and amazed so he decided to take his mother back and then he kept her in the closet so she would remain safe there. He provided her everything over there. Once again, the governor gave the order that he wanted a rope of ashes from the residents of the town. Everyone was perturbed over it. The farmer told it to his old mother. She gave him the advice to make a rope of twisted straw and stretch it over the row of flat stones and then burn it. When he did that in front of the crowd, everyone was astonished to see the rope of ashes. The governor was quite surprised after witnessing it so he asked the farmer from where did he get such an act of wisdom. At that moment, the farmer disclosed the secret of his alive old mother that she had asked him to perform the act like that. It made the governor ashamed of his order and then he said that we have forgotten the famous proverb, "with the crown of snow, there cometh wisdom" and later he lifted his order of taking the lives of the poor aged people. Class 10 English Handwriting Notes Updated 2020  Click here:New Updated Class 10 English NotesRelated Post Class 10 English Notes Related Post: - Unit 1 Simplicity and Humility of Hazrat Muhammad (PBUH) Calss 10 Notes - UNIT 02 THE CHAMPIONS CLASS 10 ENGLISH NOTES - UNIT 03 POEM DREAMS LANGSTON HUGHES - UNIT 04 POPULATION GROWTH AND ITS IMPACT ON ENVIRONMENT” - UNIT 05 “THE GREAT MASJID OF CORDOBA & IQBAL” CLASS 10 NOTES - UNIT 6 IN SPITE OF WAR ANGELA MORGAN ENGLISH NOTESCLASS 10 - UNIT 07 THE AGED MOTHER ENGLISH NOTES CLASS 10 - UNIT 08 WOMEN ROLE IN THE PAKISTAN MOVEMENT - UNIT 09 POEM EQUIPMENT EDGAR GUEST - UNIT 10 WATER SCARCITY IN PAKISTAN - UNIT 11 GENETICALLY MODIFIED ORGANISMS (GMOS) - Read the full article

[essaywriterspro-blog]

Questions on American National Government

Discussion 2) Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating prisoners captured during the conflict. They were sent to a prison inside a U.S. naval base at Guantanamo Bay on land leased from the government of Cuba. Since 2002, over 700 men have been detained at "GITMO." Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer GITMO prisoners to detention facilities in the continental United States, making it virtually impossible to try them in civilian courts. As of April 2012, 169 remained in detention at GITMO (Sutton, 2012). An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as "enemy combatants." A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the Constitution. Article I, Section 9 of the Constitution states, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it." Under this provision, persons detained by the government are entitled to a judicial hearing to determine if there is any legal basis for their detention. Some legal commentators refer to the right of habeas corpus as the "great writ of liberty" because it is a prisoner's ultimate recourse to an impartial judge to review the possibility that he is being held illegally by the executive (e.g., the police or the military). In nations that do not honor habeas corpus, people simply disappear into prisons without ever having their day in court. Several controversial Supreme Court cases have come out of GITMO. One fundamental question that has been debated, but not clearly resolved, is to what extent the war on terror justifies the President's indefinite detention of "enemy combatants" without the possibility of the minimal judicial review protected by habeas corpus? Another issue in the debate is to what extent Congress must clearly authorize the President to conduct extra-judicial detentions in order for them to be legal? In 2008, the Supreme Court’s decision in Boumediene v. Bush offered some answers to these questions. However, the deeply divided 5-4 Court and the likelihood of the protracted nature of the war on terror suggest that debate around these important questions will continue. Before writing your initial post, review the Read the full article

[masterofd1saster]

CJ court watch 14 dec 20

Once more, SCt slapped down the 9th Cir. in Shinn v. Kayer,  592 U. S. ____ (2020) by a 6-3 vote.  

The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) restricts the power of federal courts to grant writs of habeas corpus based on claims that were “adjudicated on the merits” by a state court. 28 U. S. C. §2254(d). When a state court has applied clearly established federal law to reasonably determined facts in the process of adjudicating a claim on the merits, a federal habeas court may not disturb the state court’s decision unless its error lies “beyond any possibility for fairminded disagreement.” Harrington v. Richter, 562 U. S. 86, 103 (2011). In this case, the Court of Appeals erred in ordering issuance of a writ of habeas corpus despite ample room for reasonable disagreement about the prisoner’s ineffective-assistance-of-counsel claim. In so doing, the Court of Appeals clearly violated this Court’s AEDPA jurisprudence. We therefore grant the petition for certiorari and vacate the judgment below.***

Kayer borrowed money from Delbert Haas in 1994. He lost it gambling in Vegas so he repeatedly shot Haas in the head and left his body for the vultures.

After being found guilty, Kayer “made clear his desire to expedite the sentencing process.” Id., at 429, 984 P. 2d, at 37. He refused to fully cooperate with a mitigation specialist. When Kayer’s counsel stated that the specialist needed more time to evaluate Kayer’s case, Kayer refused to agree to a continuance, and the trial court ruled him competent to make that choice. At sentencing, the judge again asked Kayer whether he would like more time for investigation, but Kayer “refused the offer and stated he would not cooperate with [the specialist] no matter how long sentencing was delayed.”***

Kayer argued that he received ineffective assistance of counsel because his attorneys failed to investigate mitigating circumstances at the outset of the criminal proceeding.***

Multiple courts pointed out that Kayer had prohibited investigation of mitigating circumstances.  The 9th Cir. ruled otherwise, and the SCt had to tell them in writing to wise up.  Best slap:

Judge Bea authored a dissent from the denial of en banc review, which was joined by 11 other judges. *** he wrote, the panel majority had applied a “de-novo-masquerading-as-deference approach” that the “Supreme Court has repeatedly condemned.” *** (citing 14 cases since 2002 in which this Court has reversed the Ninth Circuit’s application of AEDPA).

[melissawalker01]

Utah Eviction Process

In Utah, the legal term for an eviction is an ‘unlawful detainer suit.’ Landlords wishing to evict a tenant must go through a formal process and obtain a court order before they can have a tenant evicted. Any attempts to evict a tenant without a court order are illegal. Actions like turning off utilities or changing the locks without a court order are known as “self-help” evictions, and they could result in a lawsuit being successfully filed against you. Generally, the eviction process in Utah takes just a matter of days or weeks from the time the landlord files the lawsuit to the time the tenant is out of the property. 11 to 28 days is common, provided that the process has been followed correctly. If the tenant contests the eviction, it could take longer. Utah is among the more landlord-friendly states. Courts in Utah normally award triple damages (minus attorney’s fees) to landlords in the event of an eviction especially for past-due rent payments. However, it can be very difficult to actually collect on a judgment from an evicted tenant if they have few assets in their name to collect against. Common reasons for evictions in Utah include non-payment of rent and material violation of lease terms. Landlords can also file nuisance evictions due to suspected criminal activity on the premises, loud parties, rowdy behavior, gambling, and the like.

The landlord must sufficiently demonstrate to the courts that the tenant has been causing a nuisance. You cannot evict unless you have a court order authorizing you to take possession of the property. You can’t evict if you are illegally discriminating against a protected class. The federal Fair Housing Act prohibits housing discrimination on the basis of race, religion, sex, national origin, familial status, and pregnancy. In addition, Utah state law prohibits housing discrimination on the basis of color or source of income. Before you can file for an eviction, you must provide a formal written notice to the tenant to pay rent, correct the lease violation, or vacate the premises. If you’re evicting because of a violation of the lease, then you would present the tenant with a 3-Day Notice to Quit or Perform Covenant. Utah law allows you to present this notice in person to the tenant; to mail it to the tenant’s residence via registered or certified mail; or to leave the notice with a person of suitable age and discretion at the residence. If you cannot find anyone suitable at the residence, then you may post the notice in a conspicuous place on the property. Court officials will deliver a summons to the tenant alerting them of the lawsuit, as well as the time and location of the hearing. If the defendant wants to contest the eviction, they can state their case at the hearing.

Utah law allows landlords to recover attorney’s fees if they win the lawsuit, provided that a provision stating such is in the lease signed by the tenant. Once you win your eviction hearing, you can apply for a writ of restitution from the court. The writ of restitution generally directs the tenant to vacate the premises within 3 days (though occasionally the timeline could be shorter—especially where vandalism or property damage is threatened or suspected). You can serve or post this notice on the property, but you must also provide a blank request for a hearing along with the notice to vacate. (You must provide proof of service to the court). If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Utah, the landlord must not proceed with the eviction (Utah Code Ann. § 78B-6-802). If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day notice to remedy. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing. If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defences to the eviction, such as the landlord evicting you based on discrimination.

In Utah, it is illegal for a landlord to discriminate against a tenant based on source of income, race, or religion, among other things. If your landlord is evicting you based on one of these protected classes, then you can use that as a defense against the eviction (see the federal Fair Housing Act and the Utah Fair Housing Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Utah. You should also contact a lawyer to ensure you are using the best defenses available to you. If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

The eviction process begins with serving an eviction notice. Along with the eviction notice, we will personally serve an eviction demand letter letting your tenants know that they must comply with the eviction notices or face an eviction lawsuit. Selecting the correct eviction notice is critical because it forms the foundation of the eviction. If the tenants have caused multiple violations, the landlord should serve multiple notices that apply to the situation. This provides the landlord with a stronger eviction case because it provides multiple grounds for eviction (we don’t have to prove all of the notices, we only have to prove one notice to justify the eviction). Failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction. If the tenant fails to comply with the eviction notices, the landlord must file an eviction lawsuit with the court. Most evictions are filed the same day and completed 2-3 weeks later with the locks being changed. Once the eviction case is filed we work through the case until the sheriff or constable is able to change the locks. Lawsuits can be complex and there are multiple reasons you should hire an attorney.

If not done properly, your case may be delayed or you may have to start the entire process over. Civil lawsuits in Utah’s District Court often take months or years before a judge renders a decision. If forced to wait through the regular timelines, landlords would often face default on their mortgage which may result in foreclosure. In order to avoid this result, and to provide landlords with relief from dead-beat tenants, Utah law provides landlords several significant opportunities to speed up the eviction process and have a judge review the case. If done properly, evictions can typically be resolved within days or weeks as opposed to months or years. Even though you may think that it will be easier to simply evict tenants without going through the necessary steps, it is illegal in all states to do a self-help eviction. You must follow the rules and regulations in your state. If you do have a situation that meets one of those categories and you have proof of it, then you can officially start the eviction process.

To do that, the first thing you will have to do is provide the tenants with a formal eviction notice. In most states, this is the first part of the legal eviction procedure. You will need to look at your local laws to determine how many days’ notice you need to provide to the tenants. This formal eviction notice is usually a document that is fairly simple in nature. It will provide the tenants with an ultimatum that will require them to fix the issue in order to avoid the eviction. For example, if they are behind on rent, the notice would detail that you need to receive the full rental amount in a set amount of days in order to avoid eviction. When you are creating your eviction notice, these are a few things to keep in mind:

• Include a specific date for them to either remedy the situation or vacate the property before you file for an eviction. • Detail how much they owe you (if the issue is failure to pay rent) including any fees. • Make sure you post this notice within the set amount of days to go along with the ultimatum date so you meet your local legal requirements. • Put the notice on their front door. You should also send it to them through certified mail with a return receipt requested through USPS so you can verify that it was received by them. You may even want to check with your state laws to see if a specialized service company is required for this step. If so, you will have to pay them a small fee to deliver the notice. • Consider using an eviction notice document to ensure that you fulfill all of the necessary aspects and can add in components that you require.

Once you have sent the eviction notice, the ball is in their court. In some cases, this may be enough for them to take care of the issue or move out. In fact, there are many evictions that never have to move past this point because they are fixed by the tenant after the notice has been delivered. However, this is not always the case. If nothing has changed since the eviction notice was sent and the deadline provided to the tenants has come and gone, then your next step is to file the eviction with your local courts. If you do have to move forward with the eviction process, you will need to go to your local courthouse to file. Typically, you will have to pay a fee to file the eviction; the amount for the fee will depend on your local courthouse. Once you have filed, the clerk may or may not immediately give you a court date. You may have to wait for the court notice to be mailed to you directly.

The court will also notify the tenant for you in the form of a summons. Evictions can be very stressful for all parties involved. Once you go through it for the first time as a landlord, you will want to take extra steps in order to prevent it from happening again in the future. While there is no way you can completely eliminate the possibility of eviction for one of your tenants, you can greatly reduce the probability of it happening by conducting background checks and credit checks for all applicants and thoroughly checking references. While it may cost you a little bit more in the beginning, it will save you a lot of time and money from pursuing an eviction later. A landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)

State laws set out detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”). An eviction notice is meant to inform tenants that a legal process of eviction is about to begin if the landlord grievance cannot be resolved. If the eviction is not based on a particular grievance, there is generally a much longer deadline to respond – up to 30-60 days (as opposed to 3-5 days for many issue-specific notices in some jurisdictions).

If the issue is confronted and legal requirements are adhered to quickly and competently, a tenant may be able to delay the process for weeks or even months, or even prevent the eviction from happening altogether. In any jurisdiction, an eviction notice must provide all the information a tenant may need to understand the landlord’s reason for eviction, and all the information needed to respond within required time frames, in order to be valid. Legal eviction processes begin only if a tenant doesn’t use that information and respond appropriately before the deadline. Courts determine what kind of information is necessary and how it must be presented. In most states, a landlord can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There may be different time periods if the tenant has lived in the unit for a long time, is a senior citizen or is disabled. The requirements also vary if the tenant is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. Some states or cities require landlords to pay relocation expenses to senior citizens or disabled tenants or for units that are being converted to condos. Despite your best efforts to build a good relationship with your tenant, sometimes the relationship goes sour. Even if you’re a good landlord, you’ll probably have to go through the eviction process at least once in your career. Maybe a tenant didn’t pay the rent, maybe he’s disrupting the other tenants, or maybe she’s damaged your rental property. If you wish to evict a renter before the expiry of the Utah landlord-tenant lease agreement, you must have a cause.

In Utah, you may legally evict a renter for any of the following reasons: • Expiration of a lease • Wastage or nuisance • Violations of the lease agreement, and; • Non-payment of rent

Also, you cannot evict if you’re legally discriminating against a protected class. The protected classes are on the basis of pregnancy, familial status, national origin, sex, religion, and race. Again, Utah’s evictions law prohibits housing discrimination on the basis of source of income or color. Remember, the renter will also be given a chance to present their case during the eviction proceedings. As such, if you’re in violation of any of the lease terms, the case could be ruled against you.

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The post Utah Eviction Process first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/utah-eviction-process/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/630049305587220480

[mayarosa47]

Utah Eviction Process

In Utah, the legal term for an eviction is an ‘unlawful detainer suit.’ Landlords wishing to evict a tenant must go through a formal process and obtain a court order before they can have a tenant evicted. Any attempts to evict a tenant without a court order are illegal. Actions like turning off utilities or changing the locks without a court order are known as “self-help” evictions, and they could result in a lawsuit being successfully filed against you. Generally, the eviction process in Utah takes just a matter of days or weeks from the time the landlord files the lawsuit to the time the tenant is out of the property. 11 to 28 days is common, provided that the process has been followed correctly. If the tenant contests the eviction, it could take longer. Utah is among the more landlord-friendly states. Courts in Utah normally award triple damages (minus attorney’s fees) to landlords in the event of an eviction especially for past-due rent payments. However, it can be very difficult to actually collect on a judgment from an evicted tenant if they have few assets in their name to collect against. Common reasons for evictions in Utah include non-payment of rent and material violation of lease terms. Landlords can also file nuisance evictions due to suspected criminal activity on the premises, loud parties, rowdy behavior, gambling, and the like.

The landlord must sufficiently demonstrate to the courts that the tenant has been causing a nuisance. You cannot evict unless you have a court order authorizing you to take possession of the property. You can’t evict if you are illegally discriminating against a protected class. The federal Fair Housing Act prohibits housing discrimination on the basis of race, religion, sex, national origin, familial status, and pregnancy. In addition, Utah state law prohibits housing discrimination on the basis of color or source of income. Before you can file for an eviction, you must provide a formal written notice to the tenant to pay rent, correct the lease violation, or vacate the premises. If you’re evicting because of a violation of the lease, then you would present the tenant with a 3-Day Notice to Quit or Perform Covenant. Utah law allows you to present this notice in person to the tenant; to mail it to the tenant’s residence via registered or certified mail; or to leave the notice with a person of suitable age and discretion at the residence. If you cannot find anyone suitable at the residence, then you may post the notice in a conspicuous place on the property. Court officials will deliver a summons to the tenant alerting them of the lawsuit, as well as the time and location of the hearing. If the defendant wants to contest the eviction, they can state their case at the hearing.

Utah law allows landlords to recover attorney’s fees if they win the lawsuit, provided that a provision stating such is in the lease signed by the tenant. Once you win your eviction hearing, you can apply for a writ of restitution from the court. The writ of restitution generally directs the tenant to vacate the premises within 3 days (though occasionally the timeline could be shorter—especially where vandalism or property damage is threatened or suspected). You can serve or post this notice on the property, but you must also provide a blank request for a hearing along with the notice to vacate. (You must provide proof of service to the court). If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Utah, the landlord must not proceed with the eviction (Utah Code Ann. § 78B-6-802). If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day notice to remedy. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing. If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defences to the eviction, such as the landlord evicting you based on discrimination.

In Utah, it is illegal for a landlord to discriminate against a tenant based on source of income, race, or religion, among other things. If your landlord is evicting you based on one of these protected classes, then you can use that as a defense against the eviction (see the federal Fair Housing Act and the Utah Fair Housing Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Utah. You should also contact a lawyer to ensure you are using the best defenses available to you. If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

The eviction process begins with serving an eviction notice. Along with the eviction notice, we will personally serve an eviction demand letter letting your tenants know that they must comply with the eviction notices or face an eviction lawsuit. Selecting the correct eviction notice is critical because it forms the foundation of the eviction. If the tenants have caused multiple violations, the landlord should serve multiple notices that apply to the situation. This provides the landlord with a stronger eviction case because it provides multiple grounds for eviction (we don’t have to prove all of the notices, we only have to prove one notice to justify the eviction). Failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction. If the tenant fails to comply with the eviction notices, the landlord must file an eviction lawsuit with the court. Most evictions are filed the same day and completed 2-3 weeks later with the locks being changed. Once the eviction case is filed we work through the case until the sheriff or constable is able to change the locks. Lawsuits can be complex and there are multiple reasons you should hire an attorney.

If not done properly, your case may be delayed or you may have to start the entire process over. Civil lawsuits in Utah’s District Court often take months or years before a judge renders a decision. If forced to wait through the regular timelines, landlords would often face default on their mortgage which may result in foreclosure. In order to avoid this result, and to provide landlords with relief from dead-beat tenants, Utah law provides landlords several significant opportunities to speed up the eviction process and have a judge review the case. If done properly, evictions can typically be resolved within days or weeks as opposed to months or years. Even though you may think that it will be easier to simply evict tenants without going through the necessary steps, it is illegal in all states to do a self-help eviction. You must follow the rules and regulations in your state. If you do have a situation that meets one of those categories and you have proof of it, then you can officially start the eviction process.

To do that, the first thing you will have to do is provide the tenants with a formal eviction notice. In most states, this is the first part of the legal eviction procedure. You will need to look at your local laws to determine how many days’ notice you need to provide to the tenants. This formal eviction notice is usually a document that is fairly simple in nature. It will provide the tenants with an ultimatum that will require them to fix the issue in order to avoid the eviction. For example, if they are behind on rent, the notice would detail that you need to receive the full rental amount in a set amount of days in order to avoid eviction. When you are creating your eviction notice, these are a few things to keep in mind:

• Include a specific date for them to either remedy the situation or vacate the property before you file for an eviction. • Detail how much they owe you (if the issue is failure to pay rent) including any fees. • Make sure you post this notice within the set amount of days to go along with the ultimatum date so you meet your local legal requirements. • Put the notice on their front door. You should also send it to them through certified mail with a return receipt requested through USPS so you can verify that it was received by them. You may even want to check with your state laws to see if a specialized service company is required for this step. If so, you will have to pay them a small fee to deliver the notice. • Consider using an eviction notice document to ensure that you fulfill all of the necessary aspects and can add in components that you require.

Once you have sent the eviction notice, the ball is in their court. In some cases, this may be enough for them to take care of the issue or move out. In fact, there are many evictions that never have to move past this point because they are fixed by the tenant after the notice has been delivered. However, this is not always the case. If nothing has changed since the eviction notice was sent and the deadline provided to the tenants has come and gone, then your next step is to file the eviction with your local courts. If you do have to move forward with the eviction process, you will need to go to your local courthouse to file. Typically, you will have to pay a fee to file the eviction; the amount for the fee will depend on your local courthouse. Once you have filed, the clerk may or may not immediately give you a court date. You may have to wait for the court notice to be mailed to you directly.

The court will also notify the tenant for you in the form of a summons. Evictions can be very stressful for all parties involved. Once you go through it for the first time as a landlord, you will want to take extra steps in order to prevent it from happening again in the future. While there is no way you can completely eliminate the possibility of eviction for one of your tenants, you can greatly reduce the probability of it happening by conducting background checks and credit checks for all applicants and thoroughly checking references. While it may cost you a little bit more in the beginning, it will save you a lot of time and money from pursuing an eviction later. A landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)

State laws set out detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”). An eviction notice is meant to inform tenants that a legal process of eviction is about to begin if the landlord grievance cannot be resolved. If the eviction is not based on a particular grievance, there is generally a much longer deadline to respond – up to 30-60 days (as opposed to 3-5 days for many issue-specific notices in some jurisdictions).

If the issue is confronted and legal requirements are adhered to quickly and competently, a tenant may be able to delay the process for weeks or even months, or even prevent the eviction from happening altogether. In any jurisdiction, an eviction notice must provide all the information a tenant may need to understand the landlord’s reason for eviction, and all the information needed to respond within required time frames, in order to be valid. Legal eviction processes begin only if a tenant doesn’t use that information and respond appropriately before the deadline. Courts determine what kind of information is necessary and how it must be presented. In most states, a landlord can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There may be different time periods if the tenant has lived in the unit for a long time, is a senior citizen or is disabled. The requirements also vary if the tenant is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. Some states or cities require landlords to pay relocation expenses to senior citizens or disabled tenants or for units that are being converted to condos. Despite your best efforts to build a good relationship with your tenant, sometimes the relationship goes sour. Even if you’re a good landlord, you’ll probably have to go through the eviction process at least once in your career. Maybe a tenant didn’t pay the rent, maybe he’s disrupting the other tenants, or maybe she’s damaged your rental property. If you wish to evict a renter before the expiry of the Utah landlord-tenant lease agreement, you must have a cause.

In Utah, you may legally evict a renter for any of the following reasons: • Expiration of a lease • Wastage or nuisance • Violations of the lease agreement, and; • Non-payment of rent

Also, you cannot evict if you’re legally discriminating against a protected class. The protected classes are on the basis of pregnancy, familial status, national origin, sex, religion, and race. Again, Utah’s evictions law prohibits housing discrimination on the basis of source of income or color. Remember, the renter will also be given a chance to present their case during the eviction proceedings. As such, if you’re in violation of any of the lease terms, the case could be ruled against you.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Utah Eviction Process

In Utah, the legal term for an eviction is an ‘unlawful detainer suit.’ Landlords wishing to evict a tenant must go through a formal process and obtain a court order before they can have a tenant evicted. Any attempts to evict a tenant without a court order are illegal. Actions like turning off utilities or changing the locks without a court order are known as “self-help” evictions, and they could result in a lawsuit being successfully filed against you. Generally, the eviction process in Utah takes just a matter of days or weeks from the time the landlord files the lawsuit to the time the tenant is out of the property. 11 to 28 days is common, provided that the process has been followed correctly. If the tenant contests the eviction, it could take longer. Utah is among the more landlord-friendly states. Courts in Utah normally award triple damages (minus attorney’s fees) to landlords in the event of an eviction especially for past-due rent payments. However, it can be very difficult to actually collect on a judgment from an evicted tenant if they have few assets in their name to collect against. Common reasons for evictions in Utah include non-payment of rent and material violation of lease terms. Landlords can also file nuisance evictions due to suspected criminal activity on the premises, loud parties, rowdy behavior, gambling, and the like.

The landlord must sufficiently demonstrate to the courts that the tenant has been causing a nuisance. You cannot evict unless you have a court order authorizing you to take possession of the property. You can’t evict if you are illegally discriminating against a protected class. The federal Fair Housing Act prohibits housing discrimination on the basis of race, religion, sex, national origin, familial status, and pregnancy. In addition, Utah state law prohibits housing discrimination on the basis of color or source of income. Before you can file for an eviction, you must provide a formal written notice to the tenant to pay rent, correct the lease violation, or vacate the premises. If you’re evicting because of a violation of the lease, then you would present the tenant with a 3-Day Notice to Quit or Perform Covenant. Utah law allows you to present this notice in person to the tenant; to mail it to the tenant’s residence via registered or certified mail; or to leave the notice with a person of suitable age and discretion at the residence. If you cannot find anyone suitable at the residence, then you may post the notice in a conspicuous place on the property. Court officials will deliver a summons to the tenant alerting them of the lawsuit, as well as the time and location of the hearing. If the defendant wants to contest the eviction, they can state their case at the hearing.

Utah law allows landlords to recover attorney’s fees if they win the lawsuit, provided that a provision stating such is in the lease signed by the tenant. Once you win your eviction hearing, you can apply for a writ of restitution from the court. The writ of restitution generally directs the tenant to vacate the premises within 3 days (though occasionally the timeline could be shorter—especially where vandalism or property damage is threatened or suspected). You can serve or post this notice on the property, but you must also provide a blank request for a hearing along with the notice to vacate. (You must provide proof of service to the court). If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Utah, the landlord must not proceed with the eviction (Utah Code Ann. § 78B-6-802). If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day notice to remedy. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing. If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defences to the eviction, such as the landlord evicting you based on discrimination.

In Utah, it is illegal for a landlord to discriminate against a tenant based on source of income, race, or religion, among other things. If your landlord is evicting you based on one of these protected classes, then you can use that as a defense against the eviction (see the federal Fair Housing Act and the Utah Fair Housing Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Utah. You should also contact a lawyer to ensure you are using the best defenses available to you. If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

The eviction process begins with serving an eviction notice. Along with the eviction notice, we will personally serve an eviction demand letter letting your tenants know that they must comply with the eviction notices or face an eviction lawsuit. Selecting the correct eviction notice is critical because it forms the foundation of the eviction. If the tenants have caused multiple violations, the landlord should serve multiple notices that apply to the situation. This provides the landlord with a stronger eviction case because it provides multiple grounds for eviction (we don’t have to prove all of the notices, we only have to prove one notice to justify the eviction). Failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction. If the tenant fails to comply with the eviction notices, the landlord must file an eviction lawsuit with the court. Most evictions are filed the same day and completed 2-3 weeks later with the locks being changed. Once the eviction case is filed we work through the case until the sheriff or constable is able to change the locks. Lawsuits can be complex and there are multiple reasons you should hire an attorney.

If not done properly, your case may be delayed or you may have to start the entire process over. Civil lawsuits in Utah’s District Court often take months or years before a judge renders a decision. If forced to wait through the regular timelines, landlords would often face default on their mortgage which may result in foreclosure. In order to avoid this result, and to provide landlords with relief from dead-beat tenants, Utah law provides landlords several significant opportunities to speed up the eviction process and have a judge review the case. If done properly, evictions can typically be resolved within days or weeks as opposed to months or years. Even though you may think that it will be easier to simply evict tenants without going through the necessary steps, it is illegal in all states to do a self-help eviction. You must follow the rules and regulations in your state. If you do have a situation that meets one of those categories and you have proof of it, then you can officially start the eviction process.

To do that, the first thing you will have to do is provide the tenants with a formal eviction notice. In most states, this is the first part of the legal eviction procedure. You will need to look at your local laws to determine how many days’ notice you need to provide to the tenants. This formal eviction notice is usually a document that is fairly simple in nature. It will provide the tenants with an ultimatum that will require them to fix the issue in order to avoid the eviction. For example, if they are behind on rent, the notice would detail that you need to receive the full rental amount in a set amount of days in order to avoid eviction. When you are creating your eviction notice, these are a few things to keep in mind:

• Include a specific date for them to either remedy the situation or vacate the property before you file for an eviction. • Detail how much they owe you (if the issue is failure to pay rent) including any fees. • Make sure you post this notice within the set amount of days to go along with the ultimatum date so you meet your local legal requirements. • Put the notice on their front door. You should also send it to them through certified mail with a return receipt requested through USPS so you can verify that it was received by them. You may even want to check with your state laws to see if a specialized service company is required for this step. If so, you will have to pay them a small fee to deliver the notice. • Consider using an eviction notice document to ensure that you fulfill all of the necessary aspects and can add in components that you require.

Once you have sent the eviction notice, the ball is in their court. In some cases, this may be enough for them to take care of the issue or move out. In fact, there are many evictions that never have to move past this point because they are fixed by the tenant after the notice has been delivered. However, this is not always the case. If nothing has changed since the eviction notice was sent and the deadline provided to the tenants has come and gone, then your next step is to file the eviction with your local courts. If you do have to move forward with the eviction process, you will need to go to your local courthouse to file. Typically, you will have to pay a fee to file the eviction; the amount for the fee will depend on your local courthouse. Once you have filed, the clerk may or may not immediately give you a court date. You may have to wait for the court notice to be mailed to you directly.

The court will also notify the tenant for you in the form of a summons. Evictions can be very stressful for all parties involved. Once you go through it for the first time as a landlord, you will want to take extra steps in order to prevent it from happening again in the future. While there is no way you can completely eliminate the possibility of eviction for one of your tenants, you can greatly reduce the probability of it happening by conducting background checks and credit checks for all applicants and thoroughly checking references. While it may cost you a little bit more in the beginning, it will save you a lot of time and money from pursuing an eviction later. A landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)

State laws set out detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”). An eviction notice is meant to inform tenants that a legal process of eviction is about to begin if the landlord grievance cannot be resolved. If the eviction is not based on a particular grievance, there is generally a much longer deadline to respond – up to 30-60 days (as opposed to 3-5 days for many issue-specific notices in some jurisdictions).

If the issue is confronted and legal requirements are adhered to quickly and competently, a tenant may be able to delay the process for weeks or even months, or even prevent the eviction from happening altogether. In any jurisdiction, an eviction notice must provide all the information a tenant may need to understand the landlord’s reason for eviction, and all the information needed to respond within required time frames, in order to be valid. Legal eviction processes begin only if a tenant doesn’t use that information and respond appropriately before the deadline. Courts determine what kind of information is necessary and how it must be presented. In most states, a landlord can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There may be different time periods if the tenant has lived in the unit for a long time, is a senior citizen or is disabled. The requirements also vary if the tenant is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. Some states or cities require landlords to pay relocation expenses to senior citizens or disabled tenants or for units that are being converted to condos. Despite your best efforts to build a good relationship with your tenant, sometimes the relationship goes sour. Even if you’re a good landlord, you’ll probably have to go through the eviction process at least once in your career. Maybe a tenant didn’t pay the rent, maybe he’s disrupting the other tenants, or maybe she’s damaged your rental property. If you wish to evict a renter before the expiry of the Utah landlord-tenant lease agreement, you must have a cause.

In Utah, you may legally evict a renter for any of the following reasons: • Expiration of a lease • Wastage or nuisance • Violations of the lease agreement, and; • Non-payment of rent

Also, you cannot evict if you’re legally discriminating against a protected class. The protected classes are on the basis of pregnancy, familial status, national origin, sex, religion, and race. Again, Utah’s evictions law prohibits housing discrimination on the basis of source of income or color. Remember, the renter will also be given a chance to present their case during the eviction proceedings. As such, if you’re in violation of any of the lease terms, the case could be ruled against you.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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Best Attorney 84084

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The post Utah Eviction Process first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-eviction-process/

[divorcelawyergunnisonutah]

Utah Eviction Process

In Utah, the legal term for an eviction is an ‘unlawful detainer suit.’ Landlords wishing to evict a tenant must go through a formal process and obtain a court order before they can have a tenant evicted. Any attempts to evict a tenant without a court order are illegal. Actions like turning off utilities or changing the locks without a court order are known as “self-help” evictions, and they could result in a lawsuit being successfully filed against you. Generally, the eviction process in Utah takes just a matter of days or weeks from the time the landlord files the lawsuit to the time the tenant is out of the property. 11 to 28 days is common, provided that the process has been followed correctly. If the tenant contests the eviction, it could take longer. Utah is among the more landlord-friendly states. Courts in Utah normally award triple damages (minus attorney’s fees) to landlords in the event of an eviction especially for past-due rent payments. However, it can be very difficult to actually collect on a judgment from an evicted tenant if they have few assets in their name to collect against. Common reasons for evictions in Utah include non-payment of rent and material violation of lease terms. Landlords can also file nuisance evictions due to suspected criminal activity on the premises, loud parties, rowdy behavior, gambling, and the like.

The landlord must sufficiently demonstrate to the courts that the tenant has been causing a nuisance. You cannot evict unless you have a court order authorizing you to take possession of the property. You can’t evict if you are illegally discriminating against a protected class. The federal Fair Housing Act prohibits housing discrimination on the basis of race, religion, sex, national origin, familial status, and pregnancy. In addition, Utah state law prohibits housing discrimination on the basis of color or source of income. Before you can file for an eviction, you must provide a formal written notice to the tenant to pay rent, correct the lease violation, or vacate the premises. If you’re evicting because of a violation of the lease, then you would present the tenant with a 3-Day Notice to Quit or Perform Covenant. Utah law allows you to present this notice in person to the tenant; to mail it to the tenant’s residence via registered or certified mail; or to leave the notice with a person of suitable age and discretion at the residence. If you cannot find anyone suitable at the residence, then you may post the notice in a conspicuous place on the property. Court officials will deliver a summons to the tenant alerting them of the lawsuit, as well as the time and location of the hearing. If the defendant wants to contest the eviction, they can state their case at the hearing.

Utah law allows landlords to recover attorney’s fees if they win the lawsuit, provided that a provision stating such is in the lease signed by the tenant. Once you win your eviction hearing, you can apply for a writ of restitution from the court. The writ of restitution generally directs the tenant to vacate the premises within 3 days (though occasionally the timeline could be shorter—especially where vandalism or property damage is threatened or suspected). You can serve or post this notice on the property, but you must also provide a blank request for a hearing along with the notice to vacate. (You must provide proof of service to the court). If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Utah, the landlord must not proceed with the eviction (Utah Code Ann. § 78B-6-802). If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a three-day notice to remedy. If you can’t pay the rent in full within three days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing. If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file the eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files, and you will then be required to file an answer in response to your landlord’s complaint. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defences to the eviction, such as the landlord evicting you based on discrimination.

In Utah, it is illegal for a landlord to discriminate against a tenant based on source of income, race, or religion, among other things. If your landlord is evicting you based on one of these protected classes, then you can use that as a defense against the eviction (see the federal Fair Housing Act and the Utah Fair Housing Act). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Utah. You should also contact a lawyer to ensure you are using the best defenses available to you. If you do file an answer, then a hearing will be scheduled. You must attend this hearing. At the hearing, the judge will consider both sides of the argument and make a decision regarding the eviction. Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

The eviction process begins with serving an eviction notice. Along with the eviction notice, we will personally serve an eviction demand letter letting your tenants know that they must comply with the eviction notices or face an eviction lawsuit. Selecting the correct eviction notice is critical because it forms the foundation of the eviction. If the tenants have caused multiple violations, the landlord should serve multiple notices that apply to the situation. This provides the landlord with a stronger eviction case because it provides multiple grounds for eviction (we don’t have to prove all of the notices, we only have to prove one notice to justify the eviction). Failing to provide proper notice to a tenant can easily result in a judge dismissing your entire eviction. If the tenant fails to comply with the eviction notices, the landlord must file an eviction lawsuit with the court. Most evictions are filed the same day and completed 2-3 weeks later with the locks being changed. Once the eviction case is filed we work through the case until the sheriff or constable is able to change the locks. Lawsuits can be complex and there are multiple reasons you should hire an attorney.

If not done properly, your case may be delayed or you may have to start the entire process over. Civil lawsuits in Utah’s District Court often take months or years before a judge renders a decision. If forced to wait through the regular timelines, landlords would often face default on their mortgage which may result in foreclosure. In order to avoid this result, and to provide landlords with relief from dead-beat tenants, Utah law provides landlords several significant opportunities to speed up the eviction process and have a judge review the case. If done properly, evictions can typically be resolved within days or weeks as opposed to months or years. Even though you may think that it will be easier to simply evict tenants without going through the necessary steps, it is illegal in all states to do a self-help eviction. You must follow the rules and regulations in your state. If you do have a situation that meets one of those categories and you have proof of it, then you can officially start the eviction process.

To do that, the first thing you will have to do is provide the tenants with a formal eviction notice. In most states, this is the first part of the legal eviction procedure. You will need to look at your local laws to determine how many days’ notice you need to provide to the tenants. This formal eviction notice is usually a document that is fairly simple in nature. It will provide the tenants with an ultimatum that will require them to fix the issue in order to avoid the eviction. For example, if they are behind on rent, the notice would detail that you need to receive the full rental amount in a set amount of days in order to avoid eviction. When you are creating your eviction notice, these are a few things to keep in mind:

• Include a specific date for them to either remedy the situation or vacate the property before you file for an eviction. • Detail how much they owe you (if the issue is failure to pay rent) including any fees. • Make sure you post this notice within the set amount of days to go along with the ultimatum date so you meet your local legal requirements. • Put the notice on their front door. You should also send it to them through certified mail with a return receipt requested through USPS so you can verify that it was received by them. You may even want to check with your state laws to see if a specialized service company is required for this step. If so, you will have to pay them a small fee to deliver the notice. • Consider using an eviction notice document to ensure that you fulfill all of the necessary aspects and can add in components that you require.

Once you have sent the eviction notice, the ball is in their court. In some cases, this may be enough for them to take care of the issue or move out. In fact, there are many evictions that never have to move past this point because they are fixed by the tenant after the notice has been delivered. However, this is not always the case. If nothing has changed since the eviction notice was sent and the deadline provided to the tenants has come and gone, then your next step is to file the eviction with your local courts. If you do have to move forward with the eviction process, you will need to go to your local courthouse to file. Typically, you will have to pay a fee to file the eviction; the amount for the fee will depend on your local courthouse. Once you have filed, the clerk may or may not immediately give you a court date. You may have to wait for the court notice to be mailed to you directly.

The court will also notify the tenant for you in the form of a summons. Evictions can be very stressful for all parties involved. Once you go through it for the first time as a landlord, you will want to take extra steps in order to prevent it from happening again in the future. While there is no way you can completely eliminate the possibility of eviction for one of your tenants, you can greatly reduce the probability of it happening by conducting background checks and credit checks for all applicants and thoroughly checking references. While it may cost you a little bit more in the beginning, it will save you a lot of time and money from pursuing an eviction later. A landlord can’t begin an eviction lawsuit without first legally terminating the tenancy. This means giving the tenant written notice, as specified in the state’s termination statute. If the tenant doesn’t move (or reform—for example, by paying the rent or finding a new home for the dog), you can then file a lawsuit to evict. (Technically, this is called an unlawful detainer, or UD, lawsuit.)

State laws set out detailed requirements to end a tenancy. Different types of termination notices are required for different types of situations, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”). An eviction notice is meant to inform tenants that a legal process of eviction is about to begin if the landlord grievance cannot be resolved. If the eviction is not based on a particular grievance, there is generally a much longer deadline to respond – up to 30-60 days (as opposed to 3-5 days for many issue-specific notices in some jurisdictions).

If the issue is confronted and legal requirements are adhered to quickly and competently, a tenant may be able to delay the process for weeks or even months, or even prevent the eviction from happening altogether. In any jurisdiction, an eviction notice must provide all the information a tenant may need to understand the landlord’s reason for eviction, and all the information needed to respond within required time frames, in order to be valid. Legal eviction processes begin only if a tenant doesn’t use that information and respond appropriately before the deadline. Courts determine what kind of information is necessary and how it must be presented. In most states, a landlord can give an eviction notice for a tenant to move without giving any reason. The time allowed under state law for such a notice is usually 30 or 60 days, but it may be as short as 20 days or as long as 90 days. There may be different time periods if the tenant has lived in the unit for a long time, is a senior citizen or is disabled. The requirements also vary if the tenant is receiving federal housing assistance, or if the reason for the eviction is a condo conversion. Some states or cities require landlords to pay relocation expenses to senior citizens or disabled tenants or for units that are being converted to condos. Despite your best efforts to build a good relationship with your tenant, sometimes the relationship goes sour. Even if you’re a good landlord, you’ll probably have to go through the eviction process at least once in your career. Maybe a tenant didn’t pay the rent, maybe he’s disrupting the other tenants, or maybe she’s damaged your rental property. If you wish to evict a renter before the expiry of the Utah landlord-tenant lease agreement, you must have a cause.

In Utah, you may legally evict a renter for any of the following reasons: • Expiration of a lease • Wastage or nuisance • Violations of the lease agreement, and; • Non-payment of rent

Also, you cannot evict if you’re legally discriminating against a protected class. The protected classes are on the basis of pregnancy, familial status, national origin, sex, religion, and race. Again, Utah’s evictions law prohibits housing discrimination on the basis of source of income or color. Remember, the renter will also be given a chance to present their case during the eviction proceedings. As such, if you’re in violation of any of the lease terms, the case could be ruled against you.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

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The post Utah Eviction Process first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/utah-eviction-process/

[squirrelwrangler]

Greensails wip

Today y'all get instead of Silm fic it’s original fiction (sort of, it’s actually a bunch of DC characters in a AU fantasy setting) but I got bored and wanted to write out some of the background characters. that dumb rose story universe, older time period stuff where I detailed more of the setting and played with adapting comic characters and a few plot-lines aka that vague batfam wish-fulfillment plot. This is the Green Lanterns stuff, hidden under a few layers of medieval fantasy, and tying a loose end or two to the first Rohese plot stuff.

…

Rothaide inherited the ownership titles to two of her father’s fastest and most advanced ships, beautiful greensail-rigged river vessels with high-walled clinker-built hulls barely touched by barnacles, a pair of magnificent ships that could ply the harbor and safer of the coastal waters of the Navel of the World. The ships were a most unusual inheritance, and one of questionable legality - her legal right to them questioned only because the situation was unprecedented and the almost brand-new ships so undeniably valuable. Had the will stipulated that the ownership was for Rothaide’s dowry, or had not unequivocally given her authority in matters of captaincy, allocation of crew shares, and the imperial writ to hunt pirates and anyone declared a royal enemy -a lucrative enterprise if greensailed- no questions of the inheritance would have brought before a judge. With no actual legal prohibition and her father’s swishes so plainly written out along with signed witness statements from multiple lawyers, an envoy of the merchants’ guild association, the heads of various craft guilds from the shipyard and ropewalk, and the master of the greensail pilots and marines himself to vouch for her, Rothaide kept her ships.

It was the greensails that caused the greatest concern and their Grandmaster whose opinion tipped the ruling in her favor. Had she needed to, Rothaide would have forgone the greensails and rigged her ships only with ordinary cloth, allowing another vessel to take on the greensails contract and the pilot who used them. But Aubertin vouched for his former employer’s daughter, and thus the wizened old head of the greensail marines, Grandmaster Guarin, defended her inheritance titles in court. It would have been a hassle to work up a new contract with another ship owner in the free cities along the mouth of the Green River and to rig new vessels, if one could hope to find a pair of ships as swift and in excellent condition, to cover the same shipping lanes and territory up and down the coast that Rothaide’s contract provided. Anyways, the pilot assigned to replace Aubertin aboard the senior vessel was something of a childhood friend to Rothaide. As the guildmaster of the shipbuilders remarked in confidentially to Grandmaster Guarin, if everyone had done the sensible thing of betrothing Rothaide to Heral, as the comradery and attraction between the two of them was so readily apparent, then fewer questions would have been raised. A sharp reminder of the unavoidability of controversy and a scathing rebuke from the spokesman of the powerful merchant association silenced that train of suggestion. The greensails and their pilots were to be kept away from outright ownership of private vessels. Aubertin’s motives for inviting his ultimate superior including a fervent prayer that Grandmaster Guarin could impress onto Heral just how ill-advised it would be for him to enter any formal union with with Mistress Rothaide, no matter any current motives. Said conversation had been embarrassing and unfruitful - on Guarin’s end of things. The greensails were items of magic and forest-taint, powerful weapons and thus under the regulation and authority of the imperial bureaucracy- if given some autonomy by avoiding direct military control by having their leader internally elected as Grandmaster from their senior-most members rather than some army general or court favorite. Had Heral been married off to Rothaide, that would bring imperial scrutiny down on the greensails who enjoyed the semi-independence that such benign negligence of oversight had so far granted them. Their usefulness as the main force by which pirates were dealt with along the rivers and coastal waters of the central regions of the empire was a balancing act. As long as they kept the ships of the powerful merchant alliance safe and happy, that guild association lent the greensails protection and political clout, but seen as too closely intertwined and no longer impartial to all members of that guild or in danger of becoming too strong a rival replacement for the old river barons, such power and protection would be ripped from them, leaving the greensail pilots and marines marooned. And with their green-glass lanterns and the greensails woven with magic, the group was the most visible example of people using forest-taint related powers, even if the summoning magic was centered in the weft of their cloth and not visible on their flesh. Public favor towards anyone displaying forest-taint powers was at a low ebb, even in regions without widespread Pure Ones sympathies. On the Green River there were pockets of that heresy and stretches of banks unsafe for greensail marines to disembark. Like the priests, that their powers were both tied to external tools and so evidently beneficial for the safety of the general populace shielded the group from ostracism and persecution, yet if that public goodwill ceased, the greensails would be exterminated hand in hand with the priests, as it was in towns that the Pure Ones controlled. It was for this reason Grandmaster Guarin offered indefinite invitations to the senior clergyman of the port city of {} for weekly evening meals, and there was a longstanding careful threeway courtship dance between the marines, private merchants, and the upper ranks of the priesthood along the river and coast.

The morning after the judge’s verdict on the will was declared, Heral ambled up the docks to Rothaide’s ship with an unlit lantern cradled in one arm, then boarded the Judoc with a cocksure grin and hug his lantern from the ship’s stern. He carefully lit the lantern and closed the door, smiling at the light emitting through the panes of smooth jade green glass. Stamped at the bottom of the lantern brass was his full name, the emblem of the greensail marines, and a string of numbers that designed his personal record in the masterbook. Aubertin, holding his own extinguished lantern and looking forward to a necessary retirement, waved to Heral from the docks. On the Judoc’s sister-ship, Heral’s replacement was hanging his own lantern and lacing a pair of greensleeves over his well-muscled arms.

They came in sets, the sails and the smaller pieces of cloth - capes or detachable sleeves, sometimes a yard of cloth worn as a headscarf or sew into a hood and liripipe. The garments could be used without the greater greensails, but no pilot could control the yards of greencloth in a ship’s sail without first unleashing a smaller item first. The greencloth was worth more than ten times its equivalent in silk or finest velvet, far more precious than cloth-of-gold. Woven on special looms with an undyed thread as naturally green as freshly sprouted grass by individuals protected and hidden, the cloth was magic. When a marine willed so, the fabric unraveled into summoned shapes and forms -usually animals- who propelled or defended the ships and summoners they were attached to. One could not question the terror caused by beholding a man’s cloak unravel into the shape of a charging bull and gore his attackers on cabbage green horns. Pirates learned never to attack a ship flanked by green dolphins.

The creatures summoned by the solemn man that was replacing Heral as chief marine onboard the Sapphire Star were two long-bodied fish with sharp narrow beaks, like a cross between sea serpents and swordfish. When under attack or nearing dangerous shoals that could possible ground the ship, Jan would hold out his arms and evoke the greencloth. Starting from his wrists, the tubes of fabric would dissipate into a thick green mist until only a slim ribbon’s width remained high around his biceps. The smaller triangular sail would also dissolve off the second mast and yard to join the moss-textured cloud. Then the mist would congeal into twin serpentine shapes that undulated through the air, the summoned creatures twining through the riggings and empty crossbeam yard, then dipping into the waves and dancing along this ship’s wake like eldritch dolphins. They could lift the ship over hidden sandbars or smash through attacking vessels, and only fire harmed them. If he eschewed the extra mass of the lateen sail, the creatures were but otter-sized.

Years before boarding the Sapphire Star, Jan led a corp of sappers and fortification engineers for the army, but the veteran had been plucked from his current fortress and fees paid to the knight he technically served once it had been discovered that he could manipulate and summon constructs from the greensails. The council of former pilots and marines that governed the greensails found his military experience invaluable, his lack of naval experience unfortunate. Kenric suggested to Grandmaster Guarin the virtues of Jan’s new posting.

Heral knew he would work aboard a sailing vessel all his life. His father had been a ship’s captain for Rothaide’s father and had drowned when the ship foundered within sight of the harbor. No one had or could have blamed Heral’s father for the loss of crew and cargo, and Heral only gave his anger to chance and a fickle sea he could not hate and forced himself to not fear. He remembered gathering jetsam from the wreck on the beach, knowing without hope that his father’s corpse would not be found among the pieces of driftwood. Rothaide had been there, her skirts and apron pined up to keep out of the waves, her small hands coated with sand as she helped him search. There were pieces of broken planks Heral used as shelving in his personal quarters in the guildhall for the greensail marines, and in Rothaide’s office a bottle of unopened wine across from her window, the cloudy dark brown glass shining like amber when the light hit it. The night before Heral boarded the Judoc as her greensail pilot, he sat with Rothaide in that office and suggested opening that rescued bottle. Rothaide scoffed. “Bring me more decent wine, Harry. That stuff’s vinegar, and we won’t touch it.”

She also warned him not to interfere with the Judoc’s regular pilot, who would steer the ship whenever Heral was not actively using the powers of the greensail. Or to get into any fights with Judoc’s captain. Or deckhands. Or strand her brand-new ship. Rothaide had a list of warnings, which she slowly dictated as she progressed through her drinks.

Well after twilight and halfway through an extravagant consumption of alcohol and expensive candles, Rothaide shifted their conversation to a more sobering topic. “Can anything be done for Aubertin?”

Heral waited before answering. With no interruption to save him, and no inspiration from his silent and empty wine glass, he said, “For what I understand, what little has been said to me and that which I was not intended to hear,” and this admission brought a quick snort from Rothaide, “the malady they cannot treat, even the priests. They thought it best he return to his family, spend his last months with them. The pain no longer troubles him, except in the morning and evenings, but that respite will not last.”

“Months? That is all?” Rothaide leaned towards him, her hand reaching out to clasp his forearm in an intimate gesture. Had anyone walked in on the two of them, especially with a lack of chaperone and the latest of the hour, neither of their reputations would have remained intact.

Heral shrugged. “That is generous. No one admits it, but he may have only weeks. That is the true reason Grandmaster Guarin is here.”

“And here I thought all this fuss was over me,” she teased.

Her attempt to lift the heavy mood worked, for Heral smiled for her. “I know Aubertin only by reputation, and Guarin made it clear no one expects me to be a worthy replacement. He was the best.” Heral’s smile widened into that familiar cocksure grin. “So I’ll prove them wrong.”

Rothaide leaned back. “You are going to kill yourself trying. I’ve known you since you were a boy, Heral, and you have not matured, learned to follow orders, or regained a sense of self-preservation.”

“Whatever the stories you have heard from the marines, they are half lies.”

“Grandmaster Guarin contorts his eyebrows in pain whenever he speaks of you, and from what I understand, he is the only one on your council that somewhat approves of you.”

“The council is a bunch of old assholes.”

“So respectful, Harry. I see why they like Jan more.”

“He’s good. Dour, and no sealegs to speak of. A bit arrogant.”

That nearly tipped Rothaide out of her chair, she was laughing so hard. “Never,” she huffed between laughs, “criticize anyone for arrogance. You have no room to.”

“Of course I do. Expert here,” Heral said, pointing grandiosely to himself.

“You will obey me, Harry, and don’t treat me informally in front of the townspeople or my crews. I cannot hold their respect if they see one of my key employees treating me as if I was his dockside floozy.”

“I’d never!”

Rothaide cut off Heral’s affronted shout. “If we carry on as we did as children, or if we continue to meet unaccompanied like this, everyone will interpret it as the loosest of morals on both ours ends, and my social standings and more importantly my business will be ruined. Glory, Heral, you aren’t that naive. And I know exactly what Grandmaster Guarin pulled you aside to warn against. The merchant guide sneers at me for my age and unmarried status. I won’t allow anyone to give those bastards ammunition to use against me.”

"Want me to go punch them?” Heral grinned eagerly, “Point out the worst snobs; I’ll gladly sock them in the gut for you.”

"What you will do is address me as Mistress Rothaide and treat me exactly if I was some high-strung grey-bearded bourgeois merchant whose expensive property you are the chief convoy guard for. You are my employee, and my greensail.”

Brown eyes serious and warm, Heral asserted, “I am yours.”

Rothaide sighed, unable to reprimand the implied devotion when she could not lie to herself about the reciprocality of the affection.