Inquiring Minds is a new Web feature where 210SA asks the burning questions that everyone wants to know. Check back to 210SA.com each Monday for a new installment. This week, a San Antonio attorney answered  a couple of our questions via e-mail.

NAME: Santos Vargas
JOB: Attorney
AGE: 30
MORE INFO: Web site

1. Is it illegal if I buy the new Ghostland Observatory album and burn a copy for a friend? If so, what could I be charged with?

Given the ease with which current technology allows us to burn CDs, share songs and swap music files, most people would probably think that there isn't anything wrong with it. Why would they make it so easy for us if they didn't want us to do it?

Well, the unfortunate truth is that burning CDs and illegally downloading music can constitute violations of U.S. Copyright Law. That basically means that if you burned a copy of the new Ghostland Observatory album and shared it with your friend, the record label could possibly come after you and sue you for copyright infringement.  Whether that is likely to happen is a complexly different story. But, then again, we've all heard those stories on the news about record labels and other music industry companies suing ordinary people in order to teach everybody else a lesson. Whether you could be charged with a crime probably depends on where you live and whether you are crossing state lines to give your friend the CD.

2. I have some noisy neighbors. They don't necessarily play their music loud, but loud enough for me to hear it in some parts of my apartment. What does the law say about noise regulations?

The first thing you should do is talk to your apartment complex about it. They may be able to solve the problem by simply warning your neighbors to turn down their music.

If you get to your wits end, and they continue to refuse to turn down their music, Chapter 21, Article III, Section 21-52 of the City of San Antonio`s Code of Ordinances says, in part, that playing music in a way where the volume annoys, distresses, or disturbs the quiet and comfort of a person is a “noise nuisance”, and a violation of the City`s Code of Ordinances. You could report your neighbor to the City of San Antonio`s Code Compliance Officer, and request that they issue an order directing your neighbors to turn down their music. If they still refuse to turn down their music, continue to report them to the Code Compliance, and the City of San Antonio could be subject them to various penalties. 

3. If pulled over, should you blow or refuse a breath test? What are the repercussions either way?

The conventional wisdom is to refuse the breath test if you've been drinking at all, even if you don't consider yourself to be “drunk”. Breath test results have proven that they aren't always reliable, and you can bet that prosecutors won't hesitate to use them against you in Court. However, if you refuse the breath test you should probably expect that the officer is going to arrest you. The other downside is that refusal to take the breath test can lead to DPS suspending your license. That being said, if there is any doubt in your mind about how much you've had to drink, don't take the breath test!

4. In San Antonio, is it legal to walk down the street with an open beer?

It is illegal to walk down the street in San Antonio with an open beer. Chapter 4, Article 1, Section 4-4 of the City of San Antonio`s Code of Ordinances makes it illegal to consume alcohol “on or in any public street or public property within twelve (12) feet of any public street in the downtown area.” But that doesn`t mean you can't kick back a beer while taking a stroll down our beautiful River Walk.

5. How much does it cost to file a small-claims lawsuit?

Filing a small claims suit is a great way to try and seek compensation when you feel you've been wronged but there just isn't enough money at stake to hire a lawyer and file in County Court or District Court.

Justice of the Peace Courts in San Antonio take small claims cases. However, to file a small claim, the amount of money at stake must be less than $10,000.00. The great news is that the cost to file a small claims suit in one of San Antonio's Justice of the Peace Courts is only $60.00, and the staff at the Justice of the Peace Courts are typically very helpful in telling you what you need to do to move you case along.

6. How is it that stupid cases get all the way to trial, such as the one about the guy who sued the cleaners for losing his pants?

That's what makes the American Legal System so great. Everybody is entitled to get their day in Court. What you don't often hear about on the news about cases that many people feel are frivolous (like the “dry-cleaners” case), is that the courts often issue judgment on those cases before they ever get to trial.

It's true that people sometimes file “stupid” or “frivolous” lawsuits. But those cases are rare, and are often dismissed, at least in part, fairly early in the game.

7. "Law or Order" or "Boston Legal"?

Definitely “Boston Legal."