Timothy V. Kassouni
The Experience to Deliver Results
Directory Practice Areas
- Appeals & Appellate
- Business Law
- Construction Law
- Intellectual Property
- Real Estate Law
Additional Practice Areas
- Constitutional Law
- Credit Cards Accepted
Jurisdictions Admitted to Practice
|Federal District Court, Central District of California|
|Federal District Court, Eastern District of California|
|Federal District Court, Northern District of California|
|Federal District Court, Southern District of California|
|Ninth Circuit Court of Appeals|
|U.S. Supreme Court|
|United States Court of Claims|
|Loyola Law School, Los Angeles, CA||J.D.|
|University of California - Berkeley||B.A.|
|Member, Sacramento County Bar Association|
|Activities: Environmental Section, Real Estate Section|
|Member, California State Bar|
|President of Loyola Law School Federalist Society, Federalist Society|
- Overall: 194th
- Overall: 17 Answers
- This Year: 3 Answers
Q. How does the U.S. Constitution or a state constitution differ from other sources of law?
A: I assume what you are asking is what is the difference between a constitution and statutory law. If so, the answer is rather straightforward. A constitution is a grant of authority from the people to its government. A constitution lays out the structure, powers, and limits on government. For example, the US Constitution creates three branches of government --Congress, the President and the Courts. Article 1 section 8 of the Constitution says what Congress can write laws about, and the Bill of Rights places explicit limits on government action. By contrast, statutes are rules or regulations passed pursuant to constitutional authority. For example, the US Constitution gives Congress authority to create a post office. Congress may thus pass a statute that creates a post office in Chicago and a law that determines how much will be spent on the post office etc. If a statute is contrary to the Constitution it is void. You might also be interested in the following article which outlines the differences between the California Constitution and The United States Constituion http://www.kassounilaw.com/constitutional-law/constitutional-law-governm...
Q. Is it legal to with hold an american from flying the American flag?
A: The answer will depend entirely on the terms of your lease. The First Amendment prevents the government from restricting your expression, but it does not prevent private individuals from doing so. If you are leasing your property, the land lord/ property owner has the right to put certain aesthetic restrictions in the lease. In other words, the property owner has the right to determine to some degree what you do to the appearance of his property. For example, the lease may require that you not paint the house certain colors or plant certain trees. The lease may also forbid the flying of flags. It may seem silly or unpatriotic, but one of the great things about America is the freedom to decide what goes on one's property. For more about Constitutional property rights visit www.kassounilaw.com
Q. Is religious preaching on a community college campus legal
A: As a general matter, the First Amendment Protects the right to proselytize in public places (i.e. public parks, sidewalks etc.). However, courts have upheld "reasonable time place and manner" restrictions on the right to speak, so long as the restriction is not based on the content of the speech. For example, the government can prohibit random individuals from walking into a court-house and disrupting the trials there by yelling about unrelated matters. However, the government could not pass a law which only prohibited yelling in courthouses about something specific (e.g. taxes, wal-mart, or Jesus.). In other words, a blanket ban on yelling in courthouses is ok, a ban only on yelling about Jesus in courthouses is not. Likewise, a community college may prohibit non-students from using its facilities for any purpose (including preaching) and that prohibition will not violate the First Amendment. It could not, however, allow non-students on campus to discuss politics or morality, but prohibit non-students on campus from discussing religion. Accordingly, whether or not the community college can prevent you from preaching on campus will depend largely on what the school's policy toward non-students on campus is generally. This information provided by Sacramento Land Use Lawyers is for general guidance on matters of interest only. As such, it should not be used as a substitute for consultation with professional Sacramento Lawyers.
Q. My shared block wall s leaning onto my property. What rights do I have to rebuild. This is a safety hazard.
A: I would contact your neighbor and request that each of you pay half the cost of repair or replacement. If a neighbor refuses and it is a health and safety risk, you should have the fence replaced at your own cost and then seek contribution from your neighbor in court.
Q. Does the lemon law include houses?
A: If you are having problems with the quality of construction of your home, you can seek remedies against the developer. You will need to consult with a construction-defect attorney. Additionally, I would add that you should take action as soon as possible as there are statutes of limitations that limit the amount of time you can bring action against the developer. There is nothing comparable to lemon laws in the state of California which typically apply to the purchase of new vehicles. For more information on construction defect law and examples of such, consider reading my webpage on construction defect law. http://www.kassounilaw.com/construction-law/
Q. What can we do when the neighbor intends to create property encroachment ?
A: I would suggest seeking a temporary restraining order if there is a threat of immediate harm. However, it would be a good idea to first contact the neighbor to try the resolve the matter without court proceedings. Consider consulting with a local land use attorney to review your options. http://www.kassounilaw.com/land-use-law/development-law/
Q. Does the 8th Amendment apply to the appeals process?
A: If you are asking if the appeals process is cruel and unusual punishment, the answere is it can often be a prolonged arduous process. However, if you are the appellee and receive a monetary judgement, remember that interest will continue to accrue on that award during the appeal process. If you wish, check out my webpage outlining the stages of the appeal process. http://www.kassounilaw.com/appeals/stages-of-an-appeal/
Q. What does vacated and remanded mean
A: It means a reviewing court, usually a court of appeal, has determined that a trial court judgement should be vacated, or in other words, eliminated. Remand means the case will now go back to the trial court for further proceedings consistant with the reviewing court decision. For more on the appeals process, see http://www.kassounilaw.com/appeals/stages-of-an-appeal/
Q. I was convicted back in 97 and i am trying to finds copies of my appeal where would i go??
A: Your appeal attorney may still have your file at his/her office. Consider contacting the attorney for it. Depending on the nature of the case, they may still have it. If not, contact the court where your appeal was heard.
Articles & Publications
The Unrepentant Sins of the California Coastal Commission - Timothy Kassouni & Ronald Zumbrun
The Daily Recorder
The Cost of Wetlands in Half Moon Bay - Timothy Kassouni & Ronald Zumbrun
The Daily Recorder
Protecting Private Property - Timothy Kassouni & Ronald Zumbrun
San Francisco Daily Journal
Combating Takings - Timothy Kassouni & Ronald Zumbrun
San Francisco Daily Journal
Conservation Easements - Timothy Kassouni & Ronald Zumbrun
The San Francisco Daily Journal
"The Ripeness Doctrine and the Judicial Relegation of Constitutionally Protected Property Rights" - Timothy V. Kassouni
California Western Law Review - Vol. 29 No. 1
WEBSITES & BLOGS
Blog: Appeal Lawyer & Land Use Lawyer Legal News
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