Can you enforce a verbal modification or some type of verbal side agreement to a written contract?

Verbal/Written Can you enforce a verbal modification or some type of verbal side agreement to a written contract? Local judge Gerald A. Williams discusses.   Can you enforce a verbal modification or some type of verbal side agreement to a written contract? Probably not. A judge most likely will not even allow you to offer evidence concerning any verbal changes to a written contract. The purpose of havi ...

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Judge Gerald A. Williams on what you need to know about wage garnishments

Garnishments  Judge Gerald A. Williams on what you need to know about wage garnishments. I have yet to meet anyone who was happy that their wages were being garnished. A garnishment is a court order that allows a percentage of your salary to go directly to someone who a court has previously concluded you need to pay. Although some garnishments are for child support, most garnishments are filed to collect on ...

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Judge Gerald A. Williams explains what to do if you’re served with a lawsuit

You’ve Been Served Judge Gerald A. Williams explains what to do if you’re served with a lawsuit.   If you get served with a lawsuit, suppress any initial panic and determine how to respond. Being sued is not a spectator’s sport. You can lose by default if you simply ignore the court documents and hope the case will go away. Civil lawsuits in justice courts, unless they are small claims cases or are evi ...

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Judge Gerald A. Williams offers a behind-the-scenes look at what military lawyers do

Military Justice Judge Gerald A. Williams offers a behind-the-scenes look at what military lawyers do.   Most who know me know that I served in the Judge Advocate General’s Corps, or as a JAG, first on active duty, and then with the Air Force Reserve. However, many people have no idea what military lawyers do. One of the most visible activities of military attorneys concerns the administration of disci ...

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Judge Gerald A. Williams explains what the what Citizens United case means for political advertisements

Case Law  Judge Gerald A. Williams explains what the what Citizens United case means for political advertisements.   Citizens United v. FEC was the most controversial Supreme Court case from the 2009–2010 term and it remains controversial today. President Obama attacked it during a State of the Union address. Hillary Clinton has promised to offer a constitutional amendment to overturn the decision. Don ...

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Judge Gerald A. Williams explains the law surrounding the crime of shoplifting

Shoplifting Judge Gerald A. Williams explains the law surrounding the crime of shoplifting. According to the National Association for Shoplifting Prevention, shoplifting is often not a premeditated crime: 73 percent of adults and 72 percent of juvenile shoplifters did not plan to steal in advance. They simply acted on an impulse. In Arizona, there are five different ways to commit the crime of shoplifting. ...

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Judge Gerald A. Williams on the Second Amendment and Arizona firearm laws

Gun Ownership Judge Gerald A. Williams on the Second Amendment and Arizona firearm laws. The Second Amendment to our U.S. Constitution is a single short sentence: “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.” However, what those words mean remains the topic of heated debates. What is a Militia? A militia, a ...

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Judge Gerald A. Williams talks fireworks and the law

Explosives Judge Gerald A. Williams talks fireworks and the law. Arizona’s fireworks laws begin by announcing that it is illegal to sell, possess, or use fireworks unless there is an exception to that general rule. A.R.S. § 36-1602. We have all seen fireworks used and for sale in Arizona, so obviously there are some significant exceptions. One obvious exception involves obtaining a permit for public display ...

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Judge Gerald A. Williams talks holy matrimony

Wedding Season Judge Gerald A. Williams talks holy matrimony. I’ve had the honor of performing hundreds of wedding ceremonies since becoming a justice of the peace. Many people think I do nothing else and seem skeptical when I tell them that I’m a full-time trial court judge that performs weddings only as an additional duty and only then outside of normal court operating hours. So is June really wedding sea ...

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Judge Gerald A. Williams talks baseballs and tort liability

Fly Ball Judge Gerald A. Williams talks baseballs and tort liability. It’s May. School will soon be out for summer, spring training seems like a distant memory, and our Arizona Diamondbacks will play 28 games (just in May). So what happens if you go to a baseball game and get hit by a baseball? Can you sue? Probably not successfully. The legal concept involved is called assumption of risk. Like many of our ...

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