Legal FAQ | Legal Questions | Illinois State Bar Association

Legal FAQs

09.15.2014

Yes. The U.S. Supreme Court recently ruled that police may not search a smartphone or similar device without a warrant from a judge. Many believe the ruling is likely to impact searches of other types of electronic devices including laptops and tablets.

Your Rights
09.12.2014

Indicating the creator’s name without getting their permission does not typically satisfy copyright law’s “fair use” doctrine. Fair use is a limited defense that excuses use of a copyrighted work without the copyright owner’s permission in certain circumstances. These include using the work for the purpose of criticism, comment, reporting, teaching and research. In considering what constitutes “fair use,” the court considers a number of factors, such as the purpose of the use, the nature of the copyrighted work and the portion of the work used.

Your Rights
09.05.2014

Under a new Illinois law, a juvenile’s arrest record is automatically cleared on his or her 18th birthday if the arrest did not result in criminal charges and if there are no other subsequent arrests or juvenile delinquency petitions. The new law eliminates the need to go through the courts to get a juvenile arrest record like this expunged. The law goes into effect on January 1, 2015.

09.02.2014

If a surviving spouse is omitted from the will, he or she may renounce it and claim a portion of the estate by petitioning for renunciation to the probate court in which the will was filed. The surviving spouse typically receives one-third of the estate if there are children or one-half if there are no children.

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