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Alterian posted:Didn't they take attendance in the class when you took the test? That was never a very common thing when I was in college, particularly for large classes.
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May 3, 2012 23:41
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Okay lawyers- What's the proof required to establish an alibi in a capital crime if she was taking the missing test but it got lost by the TA? Lets pick Chicago as the jurisdiction.
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May 3, 2012 23:56
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areyoucontagious posted:While this is a good idea, I can't imagine having a couple friends really swing the situation her way completely. Still a good plan, though, and it certainly can't hurt. Really, she's got 3 options. There's no way in hell she's getting graded for that test. I'd get other people to sign written statements saying I was there in order to get: 1) A retake; 2) The test dropped and my other grades averaged; or 3) An alternate assignment. What I would not do: 1) Get my dad to yell at my professor and then try to sue for a FERPA violation.
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May 4, 2012 03:31
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Thermopyle posted:Yes, I realize that. I meant you should say to them "it's not my problem you can't get a hold of them". It's a valid method if there is no other proof your vehicle was at the accident. It would be the same if you lied and just said you weren't there. If there was a police report from the scene, pictures showing the insured vehicle was at the scene with damage, an independent witness, or really anything that shows that car was there, it would be a different story.
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May 4, 2012 03:37
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TheBigBad posted:Okay lawyers- What's the proof required to establish an alibi in a capital crime if she was taking the missing test but it got lost by the TA? Lets pick Chicago as the jurisdiction. It's only a capital crime if the death penalty is a possible punishment. If Jibbajabberwocky is killing somebody, a test is the least of his/her worries. There is no 'required proof' to establish (win?) an alibi defense. The 'required proof' is whether the jury believes (acquits) you. In a criminal case the question is, given all the evidence, (including alibi, if offered) has the state proved its case beyond a reasonable doubt? What could be helpful 'alibi' stuff for Jibbajabberwocky? Other students who saw him/her taking the test Credit card receipt for coffee/bagel on the way to the test student ID swipe to get in the building tower data for where/when cell phone calls/ texts were sent/received (esp. if phone turned off before test time, turned back on after test time) surveillance video footage leaving apartment/dorm, arriving on campus, going to test site campus cop parking ticket for that day post-test discussion of the test with friends/classmates ability to recall test questions none of these would be necessarily automatic wins, and some would be stronger than others, but every little bit helps. joat mon fucked around with this message at 07:18 on May 4, 2012 |
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May 4, 2012 07:13
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I got arrested and bailed for affray. I have a couple of questions: I feel like I was acting in self defence/the defence of a friend. How can that be affray? No reasonable person in the vicinity would have feared for themselves as it was a localised fight between us 2. Again, how could it be affray? And lastly, with this being my first offence, what is the punishment likely to be/will the CPS even be likely to pursue it? I'm in the UK btw.
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May 4, 2012 17:05
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Steve McScene posted:dumb poo poo that shouldn't be public Talk to a solicitor.
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May 4, 2012 21:40
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Steve McScene posted:Questions about affray. Well, I don't know anything about the UK or its crazy laws, but in my jurisdiction, "affray" is what the police charge you with when they don't know who the aggressor was. So, if you have two people fighting but you don't know if you can make a misdemeanor battery charge stick to either, you charge them both with "affray." I don't know if self-defense or defense of others would be a valid defense to the charge; I think you probably need real legal advice.
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May 4, 2012 22:12
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grnberet2b posted:I've always been under the impression that, once the student turns 18, the student's parents cannot be given any educational records without explicit permission from the student. They don't care where the money for tuition comes from. I can see parents telling the student "let me see your report card or I won't pay your tuition", but that has nothing to do with the school. No, most higher ed administrators now interpret FERPA as allowing them to share information with students' parents if that student is a financial dependent. It's my impression that this interpretation has become more prevalent since the Virginia Tech shootings because "not sharing information with others" was seen as one of the faults of the university. In general, FERPA allows faculty and administrators to share a lot more information than most of them realize. It only covers academic records and there are a lot of things that are never part of a record e.g. observations, opinions, interactions. And FERPA is much more flexible about allowing people to share information than many people know, particularly in the wake of Virginia Tech and other shootings and incidents. But it's much easier for people to overapply the law than to try to understand its nuances and that is probably what we want most non-lawyers to do in most situations anyway. (And, of course, many administrators use FERPA as a way to withhold information - and thus power - whenever possible. I seem to remember at least one successful lawsuit forcing a university to release information it tried to withhold by citing FERPA when it was clear that the information was in no way related to academic records.)
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May 5, 2012 02:43
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Question regarding a business contract I have with a wholesale vendor: For the term, it specifies "The term of this agreement shall be for one year from the date hereof, unless sooner terminated...Unless either party notifies the other within sixty (60) days of termination, the Agreement will be automatically renewed in successive one year terms as set forth herein." Is this the same as saying 60 days advanced notice is required before the yearly renewal date? Or is it sometime in the 60 days before or after that date, if I wish to not extend for another year, I need to notify them?
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May 5, 2012 03:11
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I tried looking up tenant/landlord law stuff, but could not really find anything related to my issues with my landlord. I have a lovely landlord. Being a good tenant I let him know that I was not planning on renewing the lease about 1.5 months before it ended so he would have time to start planning what to do next. Needless to say he put the place up instantly and basically wants us to have an open house any time someone expresses interest in it, even though we still have to live there another 1.5 months. We mentioned that we could do the last two weekends as an open house before we moved out since it makes sense for his to help him a little bit when it comes to finding a replacement for us, but he said that with 24 hours notice we have to do it whenever he wants. So far we have held him off because my fiancee is away on business, but so far the landlord has wanted 4 different people to come in on different days during the single week after we told him we plan on leaving. He mentioned his goal is to have people moving in the day after our lease ends which seems implausable to me, what if something needs to be cleaned/fixed? Here is some more background on why the landlord is lovely: When I moved in he said there was a spa in the complex and a gym (about 3 pieces of broken left over equipment), and there were technically. The spa was broken, but he said it was going to be fixed soon. It turns out the spa was broken for years before we moved in and it is still broken now 2 years later, and a few months after moving in all the gym equipment was thrown away (never being replaced) because it was garbage. He wanted us to allow him to use our place as storage for his leftover stuff, it took about 3 months before he finally came and picked the random stuff left over when we were threatening to just throw everything out. He also did not want to change all of his mailing info, and he just wanted us to sort his mail and mail it to him every week. We said that if he did not change his address info for the post office, we would stop mailing his stuff to him, and that is what got him to change it. Stuff has broken and been fixed with a little bit of foot dragging (dryer 2x, water heater 2x). We had one of those faucets that are near boiling water, and that broke, and he said to just not use it then, he was tired of getting stuff fixed. Also the place was pretty dirty with lots of stains on the carpet that came out fairly easily, so he must not have tried too hard to clean it before we moved in. The new listing the landlord posted still mentions it has a gym and spa, even though there is actually no gym now and the spa still does not work and the landlord probably knows both of these things. It is obvious the landlord is just trying to milk the place for all the money he can, he even increased the price 25% in the new listing which is not inline with similar priced things, as even before the increase it was still a touch overpriced. Is it legal for him to show it off as many times as he wants while we still need to live there? Like I mentioned, I have no problem helping him out and designating two weekends to keep it very clean and have an open house, but I don't want it every other day during the week. Then I am essentially paying rent but not really being able to live there comfortably. Also, is there anything illegal about him lying about the gym and spa, as well as not fixing a broken (although not essential) appliance? Seems like it would be fraud or something. One last thing, I know this landlord will try to do everything possible to keep all of our security deposit, even though it was not pristine when we moved in. For future use what can be done to prevent this. I know we took pictures when we moved in, but I cannot remember what happened to them so I am assuming I will not be able to find them. Any suggestions? This is in California since that probably matters.
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May 5, 2012 05:59
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You are receiving this broadcast as a dream...We are transmitting from the year one nine... nine nine ...You are receiving this broadcast in order t
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Pain of Mind posted:... California has a lot of protections available to renters that most other states don' have, and some cities have even more protections than California in general. I think most cities have tenants associations that can give you advice for free that is tailored to your location, I would check there first. In general, most states allow the lessor to show the property in the last 30 days with 24 hours notice. It may also be in your lease if state law doesn't specifically allow if. Read your lease. If he is being a pain about it, you could always make a point of being there when he shows the place, unless you agreed to vacate for showings in your lease. I know I always wanted to be there just because I never trusted my Landlords enough to let them parade people through and make sure the prospective tenants did not mess with my stuff. But anytime I tour a place, I always like to talk to the existing tenants and neighbors, could be your chance to let them know how things are. You might want to make sure you stick to only verifiable facts or your opinions though, in case the LL is the litigious type. As far as him lying about the place to you and to prospective tenants, I would guess that it is fraud, but the odds of getting him in trouble for it or of you getting money out of him is pretty small. If you've got money to burn you could always talk to a lawyer though. For getting you security deposit back, look back a few pages in this thread, I posted methods I have used in the past to get my deposit back. Not having your pictures from when you moved in and not keeping records of your maintenance requests is going to hurt you though. Remember, though, most places are not allowed to charge you for "reasonable wear and tear" so if your move out pictures show decent conditions, you will probably be ok when you go to court. Usually the only way to avoid going to court with a deposit stealing landlord is if they know you are prepared to fight them - so if they see you doing your video walk through (and you tell them what it is) when they come by to do a final inspection with you, or to receive the keys, they may see that you are not going to make it easy for them and pay up. It doesn't always work though.
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May 5, 2012 08:31
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colt45andashove posted:Question regarding a business contract I have with a wholesale vendor: It's badly worded, but pretty confident that the intention was that you need to give notice of termination before 60 days are left in the contract, otherwise it's going to renew automatically.
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May 5, 2012 08:47
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Steve McScene posted:I got arrested and bailed for affray. I have a couple of questions: I'm a UK based barrister so I might be able to give you some general advice. http://www.legislation.gov.uk/ukpga/1986/64 That's the Public Order Act 1986 - s3 sets out the test for affray - s3(1) says where a person uses unlawful violence, so if you were acting in defence of yourself or another that would mean any violence was lawful. Then you've got the question of whether the conduct would have caused a person of reasonable firmness to fear for his safety. From what you've said it doesn't sound like that would be the case but without knowing all the facts it's hard to say. That's the test that the court would apply though. In regard to whether the CPS would prosecute, read section 4 of this: http://www.cps.gov.uk/publications/docs/code2010english.pdf It goes on a bit but it sets out all the factors they will look at. I guess the main thing for you sounds like whether they would feel it's in the public interest to prosecute. From what you've said possibly not but you might just have to wait to find out I'm afraid. Edit: Oh and in terms of likely punishment if they did prosecute and you were found guilty, it would probably be community service. If you look at s3(7) of the act it talks about maximum sentences - don't let that scare you because for a first offender of what sounds like a relatively benign offence (even if found guilty) it wouldn't be that high. You'd be tried summarily (i.e. before the magistrates) so the 6 months is the absolute max but as I say that's not a likely possibility here. You might even get a fine instead but I'd say about 75% likely you'd get community service. dos4gw fucked around with this message at 10:46 on May 5, 2012 |
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May 5, 2012 10:42
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dos4gw posted:I'm a UK based barrister so I might be able to give you some general advice. Thanks for this man!
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May 5, 2012 14:27
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bigpolar posted:Your brother should be able to tell you if you have a case, and if so, against who. Please drop back in and let us know what he says, unless he forbids any internet mention of it. I'm curious to see if my hunch was correct. My fiancee's neighbor with Cystic Fibrosis agreed to allow the fumigation in early June and the buyer is sticking around for now. However, she wants some structural integrity checks done. That's understandable, I guess. We'll see how much she tries to low-ball us once that's done. For now, things have worked out well. As far as what could have happened in terms of potential litigation, I don't think it ever would have come to that. According to my fiancee's HOA contract, her neighbor would have been required to allow the work to move forward if the majority of the homeowners had signed off on it and it was ultimately necessary to protect the building. So, everybody's happy at the moment.
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May 5, 2012 21:58
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Josh Lyman posted:Thanks everyone for your words. They make me feel more at ease about my situation (unfortunate as it may be). What about the actual process? Does the judge call up my case, then I put in a plea? Do I get a chance to discuss with a public defender? When would I get a chance to explain my version of the events and hopefully reduce the number of points on my license? Though the accident happened in Atlanta, I have an Ohio license, my understanding is that points be assigned in accordance with Ohio statutes. It's 2 points for a typical moving violation and I can have 6 points over 2 years without any trouble. Sorry for all the noob questions. 
Josh Lyman fucked around with this message at 00:41 on May 7, 2012 |
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May 6, 2012 23:58
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Hi, I am looking for information on rest periods in California. My fiancee's work has recently stopped giving paid rest breaks to employees (who all work minimum shifts of 4 hours.) they say that a recent law was passed that makes them not have to give breaks. Is this true? Or should she get together a class action lawsuit?
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May 7, 2012 00:05
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50 pounds of bread posted:Hi, I am looking for information on rest periods in California. Her employer is full of poo poo. The recent decision only said that employers are not responsible for making sure that employees actually take their legally mandated (unpaid) half hour lunch break. They still have to provide the break, they just aren't liable if the employee decides not to take it on his or her own initiative. But that has nothing to do with the mandatory ten minute rest break for every four hour work period, which has to be provided and which must be paid. She can file with the Labor Commissioner, by the way, if she doesn't want to go through a lawyer or has trouble finding one taking the case.
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May 7, 2012 01:57
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What would you suggest she do?
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May 7, 2012 03:00
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Josh Lyman posted:which, conveniently, is also the truth. What about the actual process? Does the judge call up my case, then I put in a plea? Do I get a chance to discuss with a public defender? When would I get a chance to explain my version of the events and hopefully reduce the number of points on my license? Though the accident happened in Atlanta, I have an Ohio license, my understanding is that points be assigned in accordance with Ohio statutes. It's 2 points for a typical moving violation and I can have 6 points over 2 years without any trouble. Sorry for all the noob questions. [/quote] If you have one, wear a full suit. Whatever you do bring, be sure to have serveral copies. Be sure to come to court early, just to avoid unforseen delays on your journey. Talk clearly and conciesly to the judge when asked+. That's all I can give you from my experience at traffic court, but if you do that you are the 1% in terms of what the court sees on a daily basis from what I have seen.
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May 7, 2012 03:42
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Josh Lyman posted:My court date is tomorrow morning. Aside from bringing my traffic citation and a checkbook to pay any fines, is there anything else I should bring? Would a shirt and tie be appropriate to wear should I go for the full suit? If you have one, wear a full suit. Whatever you do bring, be sure to have serveral copies. Be sure to come to court early, just to avoid unforseen delays on your journey. Talk clearly and conciesly to the judge when asked+. That's all I can give you from my experience at traffic court, but if you do that you are the 1% in terms of what the court sees on a daily basis from what I have seen.
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May 7, 2012 03:43
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dvgrhl posted:If you have one, wear a full suit. Whatever you do bring, be sure to have serveral copies. Be sure to come to court early, just to avoid unforseen delays on your journey. Talk clearly and conciesly to the judge when asked+. Seriously this. I had a date I had to be at for a case, staying about 3 miles (10 minutes) away, leaving over an hour before my time, and I had to run to make it. Traffic, several trains, and then going to the wrong court house (the new one built behind it and named "Justice Center" or something like that was misleading) one block over made me glad I decided to leave so early. On top of that, there was a line about a block long outside that added to the delay.
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May 7, 2012 06:51
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I'm in Texas and have a question about housing: can a 1/1 duplex unit (not an efficiency, an actual 1/1) be limited to 1 occupant? The landlord doesn't want to rent it to 2 people because of "noise issues," whatever that may mean. I've done a bit of searching and everything I've found talks about 2 people per bedroom being the accepted standard and that anything above 3 people in a bedroom is illegal, but nothing about a minimum number of occupants that must be allowed. Is there such a thing?
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May 7, 2012 17:16
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muscat_gummy posted:I'm in Texas and have a question about housing: can a 1/1 duplex unit (not an efficiency, an actual 1/1) be limited to 1 occupant? The landlord doesn't want to rent it to 2 people because of "noise issues," whatever that may mean. They don't have to rent it to you if they don't want to.
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May 7, 2012 19:29
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Captain Kevbo posted:No, most higher ed administrators now interpret FERPA as allowing them to share information with students' parents if that student is a financial dependent. I work in financial aid and I'm going to have to disagree. It doesn't matter if the student is a financial dependent. If there's no FERPA, we can't go into any specifics. Can it cause problems between a parent and student? Sure but there's no law stopping a parent from helping out financially if the student doesn't want to fill out a FERPA form for their parents, or anyone else. JibbaJabberwocky does have a FERPA violation and the professor/school could get in trouble for what they said. entris posted:So basically, you can spend your time filing a complaint if you want, just for the purpose of creating a headache for your school and the professor, but it's probably just going to antagonize the school, department, and professor against you. We don't look at it like that. We look at is as the professor needs to additional training, and probably other professors as well, on FERPA. Even if you complain within the school and not with the DoE, the university should be looking into the issue as training being required. They aren't going to think you're a FERPA troublemaker. We have it for a reason and it wasn't right for that to happen and shouldn't happen again in the future. chemosh6969 fucked around with this message at 20:18 on May 7, 2012 |
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May 7, 2012 20:10
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muscat_gummy posted:I'm in Texas and have a question about housing: can a 1/1 duplex unit (not an efficiency, an actual 1/1) be limited to 1 occupant? The landlord doesn't want to rent it to 2 people because of "noise issues," whatever that may mean. A roomie, probably not.
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May 7, 2012 20:22
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nm posted:Might depend on who the second person is, if a wife, child, etc you might have something. Yeah just a boyfriend, so nothing that falls under family discrimination. I have had the experience of places that wouldn't rent to men and women living together, but I guess just this number of occupants thing is different. Just seemed sketchier than more common restrictions like "no pets" but I guess it isn't. Thanks!
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May 7, 2012 20:30
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I asked a question earlier about my friend at work who is getting a divorce and I thank you for the answers. My friend got a lawyer and is surprisingly going ahead with it. Right now, the husband is basically agreeing to everything because he cheated, etc. My friend's lawyer is drafting up all these papers for alimony, signing over the house, etc. and trying to get the husband to sign it all before he even files the divorce papers. My question is: Is all of this legal? I mean, the husband is, for lack of a better word, an uneducated moron. If he signs all of this stuff, and then gets the divorce papers and decides to get his own lawyer, can his lawyer come back and say, "He didn't know what he was signing because he didn't have a lawyer. And also because he's an idiot" or is it his tough luck for signing something even though he didn't understand what it was.
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May 8, 2012 14:02
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peepoogenderparts posted:, can his lawyer come back and say, "He didn't know what he was signing because he didn't have a lawyer. And also because he's an idiot" An extremely hard argument to make that is 100% dependent on the facts and how sympathetic the judge is.
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May 8, 2012 14:38
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Speaking in broad generalities, yes, it's probably legal and above-board. Wife's Lawyer represents Wife. His ethical responsibilities include zealous advocacy for his client. If Husband is proceeding without representation, he does so at his own peril. Same thing with signing documents. You're generally presumed to have read anything you've signed. It is, I suppose, technically possible that something he's signed could be later thrown out, but from a practical standpoint, it's incredibly unlikely to happen.
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May 8, 2012 14:45
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I see. I just worry because she seems to think she's going to hit the jackpot and get alimony until she dies. She's literally banking on getting alimony because she called about refinancing her house and she came up about $4,000 short of being able to refinance it on her own salary, and she said, "Well, I'll be getting alimony" and the bank said, "With alimony you can probably refinance." I said, "Maybe you should see what the judge says about the alimony before you start spending it." - Edited because it made me sound like a douche because I was worried about getting more work dumped on me because she isn't able to function because of personal matters-
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May 8, 2012 14:45
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Even if she's going to ultimately win, she can't count on it until it occurs. A lot could happen between now and when the judge signs the final decree. Even once it's entered, the guy could get hit by a bus and that's the end of that. Or more commonly, he simply loses his job and has no money. He's required to pay the alimony, but that doesn't mean he necessarily will.
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May 8, 2012 16:03
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What state is this in.
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May 8, 2012 16:06
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It's in West Virginia. And that is another thing. I told her to ask her lawyer what happens if he gets another job where he gets paid under the table. He has a long history of taking jobs where he gets paid under the table, and she has his tax records from when they first got married where he had zero income for about three years. I never even thought about the fact that he could just up and die. She could be awarded $10,000 per month, but if he walks out of the courthouse and gets creamed by a bus, he won't be sending her anything. I'll have to put that in her mind, too, because she is just walking around telling people she's going to get alimony, as if it's a guarantee. It's all just one big hillbilly mess.
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May 8, 2012 16:21
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The guy needs a lawyer and the woman should not expect a lifetime of alimony (spousal support).
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May 8, 2012 16:26
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That's what I told her, but right now she only sees money signs through her rage. I think her quote was, "He owes me because he cheated on me." I understand where she's coming from because no one should be cheated on, but she should have left him when he beat her up. Or when she found out he was selling pot to their daughter. Or when she busted him time and again with other women. But she luvs heeyum.  I appreciate everyone's responses.
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May 8, 2012 16:36
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You are also only hearing her side of it only I assume. Tough to judge without knowing what the man thinks. If he did in fact beat her and cheat on her, then that would give her a stronger claim to spousal support.
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May 8, 2012 16:38
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He definitely cheated on her. He admitted to doing it over the phone (which she recorded on the advice of her lawyer) and she has the text messages from him saying that he cheated on her.
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May 8, 2012 17:10
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euphronius posted:If he did in fact beat her and cheat on her, then that would give her a stronger claim to spousal support. I didn't think that spousal support was supposed to be punitive - why would that have any bearing on whether she gets support or how much she gets? Obviously if he is dumb enough to sign anything she gives him, she will be entitled to it, but if they end up in court why would that make a difference?
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May 8, 2012 17:35
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