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That's not really a legal question - Your landlord is batshit insane. Move move move move move move. Otherwise, contact your local renter's right association, and the housing department of your state, whatever it's called. But no matter what happens on the legal side, your landlord will still be poo poo crazy (And it's only gonna get worst) sooooooo... MOVE.
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Apr 3, 2011 01:22
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Dolphin posted:My girlfriend has been the victim of sexual harassment on a daily basis. This includes: As a law student with practice experience in employment and labor law as a summer associate in Michigan, I can tell you two things: 1.) From now on, everything must be documented. Any emails with derogatory comments in them must be saved. Any time the boss does something discriminatory she should write down what happened and on what day. 2.) You absolutely must contact a lawyer because of the difficulty of sexual harassment cases and, perhaps more importantly, because of the potential "employer" issue stemming from the temp agency relationship. Employees should not have to tolerate this sort of behavior. Please contact someone soon.
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Apr 3, 2011 01:24
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BigHead posted:Ask your attorney. Thanks he's going to help me write a letter asking to somebody to contact me reguarding my responsibilities and i'll save a copy and send one certified mail to the office
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Apr 3, 2011 02:00
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TL,DNR: Never got a bill of sale when I sold my car 2 years ago. Last week the car shows up in Hartford Connecticut (where I sold the car) police custody with all kinds of fees attached to it and I am liable for them, being the last registered owner. I can't prove I sold the car. I want to scrap it with a duplicate title I just got for it, but I'm afraid that the other guy will show up with his title after I do that- or worse, that I might end up implicated in any criminal charges associated with the car. What can I do? LONG VERSION: Two years ago, I bought a new car at a dealership. I was haggling with them over the amount that I would get for my old car as a trade in- it was basically worthless, but I wanted something and the dealership wouldn't budge. My salesman finally said, "Here, let's take a look at it. Come with me." We drove it to the parking lot next door, where there was someone waiting for us. "This is my brother. He'll buy the car for $200." I accepted the offer, took the $200 in cash, signed the title over to him, and he took the car. I didn't get a bill of sale. I transfered my plates to my new car, registered it, and went about my business. Last week, I got a letter from the Hartford Connecticut police department telling me that "my" old car was in police custody. It had been towed to a local auto body shop where it was being stored. I was responsible for any charges incurred- towing, ongoing storage, abandoned car penalty. The person I'd sold it to hadn't registered or insured the car. I called my salesman at the dealership twice. The first time, he said he would try to get in touch with his brother. I recieved a call not long after from some OTHER guy, apparently a friend of the guy I sold the car to. HE told me he would also try to get in touch with the guy I sold the car to. Neither of them could give me the contact info of the guy- they claimed they didn't have it. According to the police station, the auto body shop, and the DMV, I am indeed responsible for the fees attached to the car- it's legally still my car. There's apparently no way that I can prove otherwise. Everything was under the table at the dealership, there was no bill of sale, and I was the last registered owner. The next day, I called my salesman again. This time he denied any responsibility and hung up on me. Having no doubt now that I'm dealing with scumbags, I visted the police station again and informed them of the situation. They were generally unhelpful and told me it was something I had to straighten out myself, but I did obtain the police report from the towing. The guy driving the car wasn't the guy I'd sold the car to. It said that he was pulled over because the car was unregistered. He didn't have a license and there were false plates on the car. He was arrested and had already had a court hearing. I visisted the auto body shop. At this point I'd love to just pay the fees and scrap this car- but they of course need the title in order to do anything with it. I don't have it- the other guy does. The police report gave me his phone number and address. I called his phone multiple times. No answer. He finally texted "Who is this?" I explained that it was the previous owner of the car, and that all I wanted to know was what he wanted to do with it. If he wanted it, he could have it- just pay the fees. If he didn't want it, I would scrap it, and we'd get on with our lives. However unlikely, I didn't want him to show up with his title afterwords and be angry because I scrapped his car. He texted back denying being the person in question, saying he'd never heard of that person. I said alright and never texted again. Still having every legal right to the car, I ordered a duplicate title from the DMV. It came in the mail today. There is a note on this title saying "This is a duplicate certificate and may be subject to the rights of a person under the original certificate." That worries me a bit. Here's my plan- check with the police and the DMV before going to the auto body shop with this duplicate title and scrapping this car. I want to make sure I have every legal right to scrap this car, and that I'm not going to end up in court because this guy is pissed that I scrapped his car. The much, much likelier case is that this guy wants only to disappear and leave the car and the fees and this whole mess to me. This is also worrying, because if there are any other crimes associated with this car, I may be liable. This car could have been used to transport drugs or do drivebys for all I know. If any of that were to be the case, I would probably be implicated, being the legal owner of the vehicle. As it stands, I've spoken at length to the Hartford PD, the DMV, and the auto body shop storing the car. I've made every attempt to get into contact with the person who was driving the car to try and sort it out- I even knocked on his door (against my better judgement). I've taken notes of who I've talked to and when, and what they've told me. My plan at this point is, like I said, to check with the police and the DMV again and inform them of my intentions to scrap the car, and then go to the auto body shop and scrap the car. I plan to get all KINDS of written proof of everything at the auto body shop when I pay the fees and arrange for them to scrap the car. Then I intend to inform the DMV and the police that I scrapped it. Then I intend to get on with my life. Lesson learned the hard way- always always get a bill of sale, and send it to the DMV the next day. This was my first time selling a car, and I wasn't aware of this process or its importance. Is there anything else I'm overlooking? What can I do to as much as possible absolve myself of anything to do with this car and this situation?
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Apr 3, 2011 05:11
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I have a similar question to The Dentist, except in Florida. I had a motorcycle, that I gave to my roommate. I had bought it from a dealership, finished out all the payments, etc. My roommate never paid me for the bike, which I don't really care because it's a beater. However, when I went to update my drivers license, I noticed that the bike still is listed under my name on the records there. I'm pretty sure he never transferred title or anything like that, but I don't know a drat thing about how any of that works operationally in terms of how you have to do that in Florida -- I don't really buy or sell cars much. My question is, does anyone have an idea what I have to do to get my name delisted from the title? I don't want a situation like The Dentist has. Is there some way I can say "yeah, I abandoned it at my friend's place and I have no idea where it is?"
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Apr 3, 2011 05:37
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SWATJester posted:I don't want a situation like The Dentist has Sleep better than me, knowing that motorcycles are impractical for drug transport and/or drivebys
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Apr 3, 2011 05:58
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SWATJester posted:Is there some way I can say "yeah, I abandoned it at my friend's place and I have no idea where it is?" Did you talk to the DMV? Kentucky actually has a form that says more or less that.
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Apr 3, 2011 06:00
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hobbesmaster posted:Did you talk to the DMV? Kentucky actually has a form that says more or less that. Getting in touch with the DMV in Palm Beach is a nightmare, and since I already have to waste a weekend flying back home to renew my license I'm hoping to get it all set up in advance. I think I need to do a Form HSMV 82050 but I don't know what to do if the sale was over 30 days ago. -e- complicating things is that a) the roommate in question is in Afghanistan, and b) his facebook status indicates he's on leave in Ireland right now, so I'd have no idea how to get in touch with him, since he tends to ignore my facebook messages. Leif. fucked around with this message at 09:34 on Apr 3, 2011 |
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Apr 3, 2011 09:32
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Goddammit nm you're the PD, you should be taking on these marathon posts of idiocy.The Dentist posted:
Listen you goddamn moron: get a lawyer. Do not claim ownership of this car. Do not loving talk to the police, especially if this car has been involved in a drive-by or drug transporting. Kindly refer them to the DMV to find the current owner and don't say a goddamn word otherwise. It's not your car. Ask for the paperwork from the DMV on the car, just to verify your sale/transfer/whatever. If what you alluded to is true - that the car has been involved in serious crimes - then you would be the dumbest person on the planet to claim legal, physical, or any type of ownership over this car. I'm not saying ignore the problem. I'm saying get a lawyer. If there is anything that ties you to a drive-by shooting, then you are in way over your head. You have demonstrated your complete lack of intelligence by suggesting that you should claim legal ownership of this car. Do not do this. Get a lawyer. Edit: Dear SWAT: Take an hour off work and go to the DMV and ask them? Bonus points if you an go to the DMV on your friend's base, or any base, because they will surely be well versed in that type of situation. Don't you work for the federal government? You can take, like, a month off of work without anyone even noticing. BigHead fucked around with this message at 09:53 on Apr 3, 2011 |
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Apr 3, 2011 09:43
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about being a loving idiot.
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BigHead: Florida DMV. I'm TDY in Virginia. An hour won't cut it  . And I just started last week, I have no leave built up yet (still in introductory training).-e- preliminary research looks like that's the form I need; there's an extension card available but it's only for active duty military. I guess my question now is, does it matter which county I renew in? Oh, and I've changed my username in the time since that last post, if it wasn't clear. Leif. fucked around with this message at 10:05 on Apr 3, 2011 |
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Apr 3, 2011 09:59
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BigHead posted:marathon posts of idiocy I'm going to overlook your unpleasantness and remember that some people on the internet are assholes. I'll address what you've said, though. There are indeed two options here- dig in my heels and deny any ownership, or cut my losses and pay for the car. I WISH that I could dig in my heels and deny any ownership. That would be great. The problem is, every person I've spoken with- the DMV, multiple people at the police department, and the autobody shop (who have experienced situations like this before) all tell me that I have no legal grounds in proving that I sold the car. If that's true, and I can't shake the responsibility, then digging in my heels is going to make things worse for me: $25 per day for storage fees, more letters in the mail from collections, a penalty for abandoning the car, and probably a court summons or something like that. That's a lot more of my time and money. Your point is well taken. I DON'T want anything to do with this car if I can help it. My challenge has been determining the extent to which I can deny responsibility for this car, and everyone (except you) has told me that I can't legally do that. If you can convince me that I can, I'm all ears.
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Apr 3, 2011 13:00
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@The Dentist IANAL but in my experience all of these people will tell you that you can't prove otherwise and that you are responsible because: A. They need someone to cover their costs. B. You know little enough about the situation legally to prod into covering those costs through intimidation. The best advice has already been given though - go talk to a lawyer about the situation.
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Apr 3, 2011 13:38
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Edit: FTGE
KidDynamite fucked around with this message at 17:54 on Apr 10, 2011 |
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Apr 3, 2011 14:03
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KidDynamite posted:Can anyone else provide some insight on this? Court is on the 12th of this month giving me 8 days to get lawyered up and I have no idea what to look for. It's extremely intimidating to get a letter and have court basically the next day. As charged, it looks like your sentence range is 5-10 years. It's time to get a lawyer. NJ has a public defender system, call them. Hudson Co. PD's number is (201)795-8922. Somebody should at least be able to explain to you what to expect on the 12th and how to go about asking the court for a PD. (I expect your court date is an arraignment where you can get more time to get an attorney, but I don't practice in NJ, let alone Hudson Co. so this may not be accurate.) If you can't get a PD, ask your richest friend who his or her parent's attorney is. Call that attorney and ask them who they would recommend for criminal work. Call that attorney/ those attorneys. If they're too expensive, ask that attorney for a less expensive recommendation.
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Apr 3, 2011 14:52
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Edit: FTGE
KidDynamite fucked around with this message at 17:55 on Apr 10, 2011 |
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Apr 3, 2011 19:20
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Non-lawyer with a hypothetical question that came out of a discussion over dinner the other day. Imagine that a person is charged with theft, and on the stand, claims that they're totally innocent, and that they didn't steal anything. At the end of the trial, the jury finds him guilty. Could the prosecutor immediately turn around after the trial is over and charge him with perjury? The evidence they'd have would be 1) a transcript of his sworn testimony claiming he didn't commit the crime, and 2) the finding of the jury, which was that he did commit the crime. Since they jury determines the facts of the case, it seems like his lawyer couldn't argue against that fact unless they somehow had the entire case overturned. Why doesn't this happen all the time to prevent defendants from lying on the stand?
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Apr 3, 2011 21:55
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KidDynamite posted:Can anyone else provide some insight on this? Court is on the 12th of this month giving me 8 days to get lawyered up and I have no idea what to look for. It's extremely intimidating to get a letter and have court basically the next day. Agg assault is worth up to 14 years in my neck of the woods. Spend every minute of the next 8 days finding someone competent and reputable to defend you, and pay whatever it costs. That's a serious charge
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Apr 3, 2011 22:11
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KidDynamite posted:Thanks for the info. I spoke with an LEO friend and he's going to get me in contact with "the best attorney in Hudson County". Looking at $5K in his fees according to him. I think that's worth it to protect myself. Maybe for a first appearance. A quality defense through trial will costs tens of thousands of dollars depending on the case. And you need to be willing to pay them otherwise your private defense attorney has no teeth. If you qualify for the PD, you'd do good at least considering them. A government employed PD (as opposed to a contract or appointed) is better than 90% of the private defense bar. BigHead posted:Goddammit nm you're the PD, you should be taking on these marathon posts of idiocy. Unless the question is really amusing.
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Apr 3, 2011 22:26
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The Dentist posted:Your point is well taken. I DON'T want anything to do with this car if I can help it. My challenge has been determining the extent to which I can deny responsibility for this car, and everyone (except you) has told me that I can't legally do that. If you can convince me that I can, I'm all ears. You're right I was rude. Sorry. I want to reiterate that I have no idea what you did or what your circumstances are and neither I nor anyone else can give you advice on this problem because of the large amount of particular facts we would need to know. But you are in way over your head. This is a problem that a) will not go away if you ignore it, b) will get worse if you speak to the police, and c) will get way worse if you claim legal ownership of this car. You need to borrow a few bucks from your family and bring what paperwork you do have to a lawyer, if for no other reason than to just speak to one for an hour. Right now they are looking for someone to hang this on. You really really do not want to be associated with a car that was involved with a crime. To a lesser extent, you do not want to be associated with a car that has $10,000 worth of fees associated with it. BigHead fucked around with this message at 23:39 on Apr 3, 2011 |
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Apr 3, 2011 23:32
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BigHead posted:You're right I was rude. Sorry. And following up on her point, those facts they would need to know are not the ones you want to be publicly posting on the interwebs.
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Apr 3, 2011 23:35
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Diplomaticus posted:And following up on her point, those facts they would need to know are not the ones you want to be publicly posting on the interwebs. Where on earth did you get the notion I was a she?
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Apr 3, 2011 23:38
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BigHead posted:Where on earth did you get the notion I was a she? Oh wait...I confused you and HooKars.
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Apr 4, 2011 02:52
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Diplomaticus posted:Oh wait...I confused you and HooKars. I don't think HooKars has ever posted in this thread.
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Apr 4, 2011 03:06
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I'm taking the get a lawyer advice seriously. I spoke to a lawyer friend who is going to set me up with a lawyer in that area. I should specify, there is no crime associated with the car that I know of, and the police report indicated only that the car was unregistered, etc. My lawyer friend told me today not to worry too much about that sort of thing- if it came to something like that, I'd have a good case in defending myself, in his estimation. I'm going to speak to the lawyer ASAP and proceed from there. Thanks for the input, i'll follow up with how this plays out.
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Apr 4, 2011 05:32
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Copyright question, not specifically for any country since it's just out of interest. http://torrentfreak.com/saudi-airli...Torrentfreak%29 That's a story of a Saudi airline showing a pirated film onboard. Could they actually be okay in doing so? If they'd sought and paid for permission to show the film, will the source of it matter if it's the same quality as the one they paid for (not HD or whatever)? Or compare buying a Windows license key but using pirated installation media.
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Apr 4, 2011 06:00
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Anjow posted:Copyright question, not specifically for any country since it's just out of interest. Probably wouldn't be OK under the Berne Convention, to which Saudi Arabia is a signatory. They're obligated to provide the same protections to other country's works as they give to their own, so assuming they have basic protections for films, it'd probably be illegal. As to permission, it would largely depend on the wording of the license/agreement. Courts tend to give a lot of leeway to companies negotiating copyright licenses. Without specification on the quality of the film, the airline might be able to get away with showing a crappy pirated copy, though I don't know why they would if they got a legitimate license. If the film quality were too crappy, though, or the film was altered, the licensor may have an action against the airline (see, e.g., Monty Python successfully suing CBS (I think) for the heavily-altered-and-no-longer-funny US versions of their Flying Circuses).
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Apr 4, 2011 07:31
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Abugadu posted:If the film quality were too crappy, though, or the film was altered, the licensor may have an action against the airline (see, e.g., Monty Python successfully suing CBS (I think) for the heavily-altered-and-no-longer-funny US versions of their Flying Circuses). ABC, and that part was decided under trademark, not copyright.
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Apr 4, 2011 15:27
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place fucked around with this message at 05:02 on Feb 10, 2017 |
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Apr 4, 2011 19:44
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wacky posted:I have recently received a new hire contract and I am a bit bothered by the Assignment of Inventions clause. It basically, as far as can tell, gives my employer full rights to anything I create at any time. Can you post the language from the contract so we can see if this it what it actually says?
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Apr 4, 2011 22:18
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place fucked around with this message at 05:02 on Feb 10, 2017 |
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Apr 4, 2011 22:45
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wacky posted:I'm reading it like this: anything you create regardless of relevance to your job, regardless of competitiveness to your job and regardless of employer resources used (or lack thereof) at any time regardless of whether it is personal time is owned by the company should it become profitable. So basically I'm working on websites and stuff for them and if I create a game (which I am working on now) and it becomes popular and I make money, welp sorry its their game now. As far as I can tell this would even work if I was writing music or something even less relevant to my position. Add language excluding your game. These types of employment contracts are generic one-sided boiler plate things that make you sign away everything. It may be intimidating, but you are free to negotiate the terms of any contract under the sun. If they won't budge then you are free to not sign it. Also ask your local court's law librarian about any relevant statutes. Assignment clauses like this one are usually state issues. For instance, in Minnesota, Minn. Stat. 181.78(1) prohibits this sort of assignment if you work on non-work related stuff on your own time with your own equipment. BigHead fucked around with this message at 23:36 on Apr 4, 2011 |
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Apr 4, 2011 23:30
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quote:To the extent the Employee may, by operation of law or otherwise, acquire any right, title or interest in or to any Confidential Information or Invention, the Employee hereby assigns to the Employer all such proprietary rights. That's ridiculous.
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Apr 4, 2011 23:35
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That strikes me as the same kind of "would never hold up in court" as a lot of non-compete agreements.
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Apr 4, 2011 23:42
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place fucked around with this message at 05:01 on Feb 10, 2017 |
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Apr 4, 2011 23:54
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place fucked around with this message at 05:01 on Feb 10, 2017 |
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Apr 5, 2011 00:11
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Baruch Obamawitz posted:ABC, and that part was decided under trademark, not copyright. quote:We therefore conclude that there is a substantial likelihood that, after a full trial, appellants will succeed in proving infringement of their copyright by ABC's broadcast of edited versions of Monty Python programs. In reaching this conclusion, however, we need not accept appellants' assertion that any editing whatsoever would constitute infringement. Courts have recognized that licensees are entitled to some small degree of latitude in arranging the licensed work for presentation to the public in a manner consistent with the licensee's style or standards. Concurrence posted:In the present case, we are holding that the deletion of portions of the recorded tape constitutes a breach of contract, as well as an infringement of a common-law copyright of the original work. The Lanham Act/moral rights stuff at the end was not the holding of the case, even though it was what made the case famous.
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Apr 5, 2011 01:01
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Abugadu posted:The Lanham Act/moral rights stuff at the end was not the holding of the case, even though it was what made the case famous. I don't think "lovely rip" constitutes editing per Gilliam.
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Apr 5, 2011 01:09
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Baruch Obamawitz posted:I don't think "lovely rip" constitutes editing per Gilliam. I would disagree. Any version of the movie "Killers" copied via handicam complete with the silhouettes of the backs of people's heads, people coughing, babies crying, and at least one audience member giving a 'oh no you didnt' would likely improve the movie so substantially that it would be entirely different from the shitshow that is the original movie.
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Apr 5, 2011 01:26
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Another Tenant/Landlord dispute incoming: I am mostly looking for help on finding a good tenant right's association or service for Los Angeles, CA. I have looked online and there are a ton of listings but I am not sure what I should be looking for or what would be the best option in housing disputes such as this. I have lived in an apartment for nearly three and a half years. It was found on Craigslist, and when I moved in, I was not asked to sign a rental agreement but was given a signed receipt from the original person I was taking the room from. There were two other roommates, and two of us would pay the third, who in turn paid the full amount of rent to the apartment manager (mostly acting as a liason). The first sign was not having an agreement signed, of course, but hindsight is 20/20. I have faithfully paid my checks at the first of every month, can bring up past check copies for nearly 3 years written to the liason/roommate, and even still have the original receipt given by the previous tenant. Fast forward to this week. The roommate/liason was offered a new job out of the city and had to move without notice. The apartment "manager" wanted us all out but did not give notice and really had no idea about the tenancy here. After meeting face to face, it turns out that the person the liason was writing checks to was simply some old lady who was renting out an apartment she had previously leased to new people, effectively a sublet. She was not the building owner or manager, and as none of us had ever signed an agreement (including the liason), she was subletting and potentially making money from us, probably in violation of her agreement with the original building owner if her lease is like most others I know of. The original building owners essentially have no idea who their tenants are at this point, and it sounds like she is doing this with several apartments units in the area. From what I have read, it seems as though, since we were paying every month regardless of whose name was on the checks, that we are tenants, not squatters, by definition and she is essentially acting in place of the landlord. This should give us rights as far as eviction notices/procedures go, but the remaining roommie and I feel it necessary to contact some type of help here. We're both looking for new places now, but we want to make sure we are protected in case this old lady with no understanding of California housing law decides to try something stupid. I've already contact the city police (she threatened to first, and I told her to go for it), and they basically affirmed my suspicions that this is a civil case and police will not be able to forcibly evict us if she tries to complain about "people she doesn't know living in her apartment." This whole situation is hosed, but I know goons have had great advice/resources before and any links or ideas you may have would be greatly appreciated. I'm looking for Tenant Right's associations as it is, but again have no idea what to look for, which ones are good, etc.
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Apr 6, 2011 05:51
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wacky posted:Here we go; my version. It may be redundant in like every sentence but better safe than sorry. Let us know how it goes. I'm always curious about contract negotiations with huge corporations who don't give a gently caress about their peons.
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Apr 6, 2011 17:52
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