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euphronius posted:It’s not long and drawn out . You can probably get it resolved in a year or two assuming no bankruptcy actions. A year or two for $2000 is long and drawn out. I mean i know it isn’t in the legal sense, but definitely in the lay sense.
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Mar 29, 2018 15:48
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If it’s a home we are talking about a year and $2000 is nominal.
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Mar 29, 2018 15:49
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euphronius posted:It’s not long and drawn out . You can probably get it resolved in a year or two assuming no bankruptcy actions. This is such a hilariously lawyer-ish response. I love it. Ashcans posted:Separately from just suing them, it may also be possible to file a complaint against the person with a licensing board (assuming that there is such a thing where you are and that they were licensed). This has the advantage of attaching directly to the license holder, so they can't simply reform a company to avoid it. However, it also depends heavily on you being able to make your case to the board and them actually giving a poo poo about lovely contractors. I imagine the effectiveness is going to vary a great deal. This varies greatly from state to state. In many states working unlicensed is actually a crime. The problem is it's just going to be a civil fine, so if they're working unlicensed then they just continue to do so and don't pay. null_pointer posted:Fascinating. What I'm getting out of this is that getting a Bad Contractor is truly a nightmare scenario where the best case is both parties walk away, and the worst case is a long, drawn-out legal process Any contract law can turn into a "nightmare scenario" if you sign contracts with shitheads. The pro move is to not deal with dumb or bad or crooked people. null_pointer posted:the contractor putting a lien on the house saying "bitch owes me money" (even when the homeowner doesn't), You don't just get to "put" a mechanic's lien on a property. It's like any civil lawsuit. The contractor has to go to court and present whatever they have (invoices for material purchased, invoices for hours spent at the jobsite, photos of progress, ect.). The homeowner can show up and argue against it (show photos of unfinished work, have it inspected by a better contractor and submit that, ect.). Most mechanic's liens don't arise from the main contractor anyway, they arise from his subs and suppliers who didn't get paid, and those are harder to fight because 99% of the time they totally did the work, you paid the GC, he didn't pay the sub before he skipped town, and now you're on the hook. null_pointer posted:Is there any remedy against D? Lol, this is America. This was (and still is) our President's entire business plan.
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Mar 29, 2018 16:50
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Unload My Head posted:You don't just get to "put" a mechanic's lien on a property. It's like any civil lawsuit. The contractor has to go to court and present whatever they have (invoices for material purchased, invoices for hours spent at the jobsite, photos of progress, ect.). The homeowner can show up and argue against it (show photos of unfinished work, have it inspected by a better contractor and submit that, ect.). Mechanics liens don't work this way. Rather than bore the thread with a CLE article on Mechanic's Liens, here are the basics: The alleged creditor files(records) the lien in the County Deed Records. No legal proceeding required. If the property is sold before the lien is released, money will be held back to pay off the lien before the balance of the purchase money goes to the seller. If the lien was invalid (fraud, inaccurate, improper notice) then the burden is on the property owner to go to Court and sue to have the lien released. If you paid the GC, but the GC didn't pay the sub, then the lien will still be released(ordered by the Court), and the sub will have to turn around and sue the GC for breach of contract. The homeowner is not on the hook for the Sub not getting paid.
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Mar 29, 2018 17:10
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Real advice Call the contractor and say it’s not working out can we figure out a deal to stop work ? Get any deal in writing and if you pay money wrote in the check memo something like “final accord and satisfaction per agreement dated xxxx”
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Mar 29, 2018 17:14
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Dealing with contractors is serious real work and is like .... half .. of all government function .
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Mar 29, 2018 17:14
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euphronius posted:Real advice no. lock them out, steal some equipment to show them who's boss. burn it all down.
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Mar 29, 2018 17:20
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Real legal advice always kills the thread . Rip.
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Mar 29, 2018 21:05
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Yes I like it better when we were attempting to make legal arguments for Sovcit defenses.
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Mar 29, 2018 21:06
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Say I’m on an American boat in US waters and I shoot someone aboard a Liberian flagged vessel that’s in international waters. Which jurisdiction does the crime fall under? Now let’s say the victim was a US citizen, does that change things?
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Mar 29, 2018 21:17
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What color is the fringe on the Liberian flag
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Mar 29, 2018 21:26
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No one does admiralty so I can’t even shitpost it.
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Mar 29, 2018 21:35
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EwokEntourage posted:What color is the fringe on the Liberian flag edit: Here's a thing from when I was on a jury that bothered me and I just kind of assumed was a real thing, and now I'm wondering about it. Exchanges like this happened several times: Prosecutor: What happened on February 12th, 2017? Cop: Uh, I don't remember Prosecutor: If you were to review your notes from that day would that refresh your recollection? Cop: I guess? *is handed notes* Cop: Ah, yeah, my notes say I--- Defense: Objection! Judge *makes frowny face* *notes are taken from cop* Prosecutor: Now that your recollection is refreshed do you remember what happened on February 12th, 2017? Cop: Yes, I witnessed a fight Is that a real thing, and if so why are the cops who are presumably trained to testify in court loving it up and isn't this basically perjury? twodot fucked around with this message at 21:44 on Mar 29, 2018 |
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Mar 29, 2018 21:40
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You’re allowed to review your notes and documents created contemporaneously to refresh your memory of what happened. Basically, if you knew something at some point in time and have subsequently forgotten it, you can be shown something to help you remember what you once knew and that’s fine.
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Mar 29, 2018 21:44
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Pennsylvania’s rules Rule 612. Writing or Other Item Used to Refresh a Witness’s Memory. (a) Right to Refresh Memory. A witness may use a writing or other item to refresh memory for the purpose of testifying while testifying, or before testifying. (b) Rights of Adverse Party. (1) If a witness uses a writing or other item to refresh memory while testifying, an adverse party is entitled to have it produced at the hearing, trial or deposition, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony. (2) If a witness uses a writing or other item to refresh memory before testifying, and the court in its discretion determines it is necessary in the interests of justice, an adverse party is entitled to have it produced at the hearing, trial or deposition, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony. (c) Rights of Producing Party. If the producing party claims that the writing or other item includes unrelated matter, the court must examine it in camera, delete any unrelated portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record. (d) Failure to Produce or Deliver. If the writing or other item is not produced or is not delivered as ordered, the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness’s testimony or—if justice so requires—declare a mistrial, or the court may use contempt procedures. Comment Pa.R.E. 612 differs from F.R.E. in several ways: Pa.R.E. 612 applies to writings and other items. This would include such things as photographs, videos, and recordings. F.R.E 612 applies only to writings. The Pennsylvania rule is consistent with prior law. See Commonwealth v. Proctor, 253 Pa. Super. 369, 385 A.2d 383 (1978). Pa.R.E. 612(a) states that a witness or a party has a right to refresh recollection. This is not expressly provided by F.R.E. 612. Pa.R.E. 612(b) reorganizes the material that appears in F.R.E. 612(a) and the first sentence of F.R.E. 612(b) for clarity, includes the word ‘‘deposition’’ to clarify that the rule is applicable both at hearings and depositions, and deletes reference to 18 U.S.C. § 3500. Paragraph (c) differs from the second sentence of F.R.E. 612(b) in that it refers to other items as well as writings. Paragraph (d) differs from F.R.E. 612(c) in that it adds the phrase ‘‘or the court may use contempt procedures’’.
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Mar 29, 2018 21:50
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euphronius posted:No one does admiralty so I can’t even shitpost it. 
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Mar 29, 2018 22:37
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Way to create joinder, dumbass
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Mar 30, 2018 01:36
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Bad Munki posted:Based on the OP being referred to, it's more than just a small-job contractor, it's an entire house build. So with that in mind: this situation is surely occurring at several houses at once, contractor's LLC will fold and declare bankruptcy, and six ding ding ding pay the man. This is why you always, always take the time to identify a reputable contractor and pay what it takes (yes I know it's a lot, just loving pay it) to hire them.
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Mar 30, 2018 02:08
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Has anyone heard of this? https://premonition.ai/ It seems shady as gently caress and is basically a direct competitor in the civil field to what I'd like to do for criminal, but a lot of it doesn't pass the smell test. Despite supposedly raising $5M in funding in 2015...none of the employees on LinkedIn have that company as their only job. Wondering if I'm just being optimistic and actually maybe I should work with them to query their data for the criminal side. Anyone heard of them being used or work for someone that uses their system?
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Apr 1, 2018 05:20
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CarForumPoster posted:Has anyone heard of this? https://premonition.ai/ "Win rate" is a useless loving metric. If I do an overcharged attempt murder, and get an misdo assault, do I get a win or loss? It also doesn't account for the difficulty of cases you actually take to trial. Like the US attorney has a 90+% win rate or something, but that's because they plea anything out that sucks. See the bundys' for what happens when they don't.
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Apr 1, 2018 06:06
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nm posted:"Win rate" is a useless loving metric. If I do an overcharged attempt murder, and get an misdo assault, do I get a win or loss? It also doesn't account for the difficulty of cases you actually take to trial. Like the US attorney has a 90+% win rate or something, but that's because they plea anything out that sucks. See the bundys' for what happens when they don't. Agree, and I think their business overlooks a HUGE set of predictions you can make given a dataset that large which is another thing I find fishy. Though to your point, in the criminal world, for states that have a felony points system, couldn't you rank attorneys by number of points they beat the original and modified charges by, on average? Giving big points to a dismissal of course. Might be some other lessor factors too. Length of time out on bond, for example. CarForumPoster fucked around with this message at 15:17 on Apr 1, 2018 |
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Apr 1, 2018 15:10
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Algorithms applied to humanities. How could this possibly go wrong?
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Apr 1, 2018 15:13
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FrozenVent posted:Algorithms applied to humanities. Not a sociology fan, I take it?
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Apr 1, 2018 15:25
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FrozenVent posted:Algorithms applied to humanities. You're right, if there's any system that we should not make any metrics for, do comparisons to or even investigate in a quantitative way, it's the American criminal justice system.
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Apr 1, 2018 15:59
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CarForumPoster posted:You're right, if there's any system that we should not make any metrics for, do comparisons to or even investigate in a quantitative way, it's the American criminal justice system. The problem is that you're trying to quantify the questions of, "are these charges likely to stick" and "did the defendant's attorney provide a standard or greater level of service", both of which are incredibly dependent on the unique set of facts in the case. It's like saying that, statistically speaking, you should always hire a pediatrician instead of an oncologist, because pediatricians' patients have much better outcomes on average.
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Apr 1, 2018 19:07
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It'll be real depressing when the stats show that minorities will always get worse sentences than whites.
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Apr 1, 2018 19:11
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Hot Dog Day #91 posted:It'll be real depressing when the stats show that minorities will always get worse sentences than whites. 1) Have you already spoken to the police without an attorney present? Yes or No 2) Do you belong to an ethnic or religious minority, or would a stranger assume that you do based on your name or appearance? Yes or No"
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Apr 1, 2018 19:52
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Dead Reckoning posted:"Before Lawbot can accurately assess your case, please answer the following questions: poo poo, those are my two first questions to anyone about just about anything.
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Apr 1, 2018 20:23
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Hot Dog Day #91 posted:It'll be real depressing when the stats show that minorities will always get worse sentences than whites. Interestingly I started with a traffic data set in a red county in Florida and this wasn't the case. Black people got tickets in the same proportion as they existed in the county more or less. (~14%) Had roughly the same traffic conviction rates. Also a red car was slightly more likely to get a ticket than its proportion of the automotive market (based on a bankrate.com survey of color distribution) CarForumPoster fucked around with this message at 21:33 on Apr 1, 2018 |
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Apr 1, 2018 21:29
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Ohhh well then racism is empirically false.
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Apr 1, 2018 21:57
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Hot Dog Day #91 posted:Ohhh well then racism is empirically false. Things that were said: not that.
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Apr 1, 2018 22:54
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CarForumPoster posted:Interestingly I started with a traffic data set in a red county in Florida and this wasn't the case. Black people got tickets in the same proportion as they existed in the county more or less. (~14%) Had roughly the same traffic conviction rates. and you assumed % of hours driven was the same as % of population?
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Apr 1, 2018 23:39
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CarForumPoster posted:Interestingly I started with a traffic data set in a red county in Florida and this wasn't the case. Black people got tickets in the same proportion as they existed in the county more or less. (~14%) Had roughly the same traffic conviction rates. And who were given disproportionately more tickets for driving 10+ mph, thus invoking harsher penalties? Spoiler alert: it was the browns and blacks. http://www.miaminewtimes.com/news/florida-speeding-tickets-cost-more-if-youre-black-hispanic-9542615
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Apr 2, 2018 05:09
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dude's just posting about his computer stuff and you guys are so mad about forgetting to retweet last week's protest photos that you start making GBS threads on his shoes?
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Apr 2, 2018 15:03
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I'm so glad that the machine learning stuff I do has nothing to do with human beings. It's incredibly easy to veer off into ethically nightmarish territory right out of the gate, even if you're trying to be good.
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Apr 2, 2018 18:53
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Just how many times/how badly do you have to gently caress up before your driver's licence is just revoked? The drunk who rear-ended me at a red a while back is coming up for his court date, and I noticed this is his 4th+ DUI and 3rd+ time driving on a suspended licence. Not that being banned from driving ever seemed to stop him, but does he have to kill a couple people or what?
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Apr 2, 2018 21:17
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sleepy.eyes posted:Just how many times/how badly do you have to gently caress up before your driver's licence is just revoked? The drunk who rear-ended me at a red a while back is coming up for his court date, and I noticed this is his 4th+ DUI and 3rd+ time driving on a suspended licence. Not that being banned from driving ever seemed to stop him, but does he have to kill a couple people or what? Given that he is on his 3rd driving while suspended, it took no more than 3 duid. Revoked and suspended have basically the same impact.
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Apr 2, 2018 21:22
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At a certain point, they should just be confined for everyone's safety if they don't learn. Gas station near me has a dude who has FIVE DUIs and the state still lets him have a hardship license and a gigantic pickup truck, because riding a bike the mile and a half to work would be just too much. I don't know who the state thinks they're kidding about taking this poo poo seriously.
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Apr 2, 2018 21:40
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I know a guy through work who still had his license after six DUIs. He got his seventh, got sent up for a few years, and after his release still had limited driving privileges (I'm not 100% positive on this, but his job involved a ton of driving). He's currently awaiting sentencing for number eight.
Human Tornada fucked around with this message at 22:17 on Apr 2, 2018 |
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Apr 2, 2018 22:15
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Is there ever a circumstance where it is a good idea to take a polygraph?
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Apr 3, 2018 03:39
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