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Arcturas posted:... the officers reasonably, but mistakenly, believed their conduct was justified, so were entitled to immunity. And negligent behavior isn't enough to cause a deprivation under 1983.
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Sep 23, 2012 15:07
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What do I do about a stolen identity? Someone used my personal information to open a credit card before my 18th birthday with Capital One. This card now shows as closed as of 04/2012. It shows on my credit report as an adverse account. I called Capital One and they have started a dispute with the credit agencies. Is there anything else I can do?
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Sep 23, 2012 15:45
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DuckConference posted:Thanks for the link, it turns out I'm quite wrong. Both in that case and the Karroll v. Silver Star Mountain Resorts Ltd. case the reference, there is some pretty clear (at least in my opinion) negligence on the part of the operator but apparently the waiver still prevents any claims against the operator. Liability waivers have some weight, but they're not bulletproof. A lot of different factors can be considered in determining whether they'll be a defence to a claim. If you're asking because you broke your leg skiing or whatever and are wondering if you can sue, you should talk to a lawyer. If you're asking out of general curiousity, the answer to whether a liability waiver can be a defence to a claim is "maybe".
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Sep 23, 2012 16:01
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Baruch Obamawitz posted:Any recommendations for a Richmond VA area traffic attorney for a reckless driving (over 80) ticket? PM sent 
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Sep 23, 2012 18:07
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Okay, legit question here, may be stupid but asking for a story idea. Can an attorney in one practice be able to do a trial in another practice? Like say a patents attorney doing a criminal court case in an emergency? Yes I watched Harriet's Law. No I had this idea and question before that.
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Sep 24, 2012 19:35
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FinalGamer posted:Okay, legit question here, may be stupid but asking for a story idea. Yes, although if you're not licensed in patent, you can't do patent.
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Sep 24, 2012 19:39
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CaptainScraps posted:Yes, although if you're not licensed in patent, you can't do patent. Only prosecution.
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Sep 24, 2012 19:49
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FinalGamer posted:Okay, legit question here, may be stupid but asking for a story idea. The way it works in the US is that lawyers are admitted to practice before certain courts. For example, as a member of the California Bar, I automatically was admitted to practice before any California state court, from the superior court level all the way up to the state's Supreme Court. But I would have to file additional paperwork to be admitted to practice at one of the federal district courts in my state (separate application for each). I would also need to file for admission separately for a federal Court of Appeals or the US Supreme Court. But for the courts in which I am allowed to appear, I can initiate and pursue any cause of action within that permitted to be filed in that court. So even though my experience has primarily been employment law and family law, I could choose to file an unlawful detainer for a client or represent a DUI defendant if I wanted (though if I knew I were not competent to do so, that's an ethical violation and likely malpractice suit in the making).
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Sep 24, 2012 19:57
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What is the incentive for a defense lawyer to offer his services pro bono? I was reading about Diane Downs, and Martin Belli (I think that's his name) offered to represent her, not pro bono, though he did offer his services to Sirhan Sirhan, according to the book, for no charge. Is it to challenge the court and public at large, is it for publicity, etc?
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Sep 24, 2012 21:53
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Cowslips Warren posted:What is the incentive for a defense lawyer to offer his services pro bono? I was reading about Diane Downs, and Martin Belli (I think that's his name) offered to represent her, not pro bono, though he did offer his services to Sirhan Sirhan, according to the book, for no charge. Is it to challenge the court and public at large, is it for publicity, etc? Publicity, self-aggrandizement (only I, super lawyer that I am, am capable of getting him off), honest outrage, or just plain sympathy.
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Sep 24, 2012 22:09
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Yeah all that stuff. It all leads to $$$ in the end. I know several capital murder attorneys (through friends, not directly), and they'll jump at the big cases because it means a hundred smaller ones that pay great. A capital murder suspect doesn't have any money anyway, but retainers for rich people that commit vehicle manslaughter or similar felonies can get gigantic. In order to land those cases, they have to get the reputation for handling big cases. For example, the attorney for Lee Boyd Malvo (the kid DC sniper) was pro bono and spent a year on the puppy. He got the kid a life sentence instead of the death penalty (which is a win in Virginia...), and now he can pick and choose his big fish cases that pay out the wazoo. (Actually now I think Cooley was court appointed and compensated by the state by his time but at flat rates. He took a huge loss, but recoups it like crazy now) woozle wuzzle fucked around with this message at 02:29 on Sep 25, 2012 |
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Sep 25, 2012 02:24
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A cover-my-rear end question: Location: Austin, TX I would like to practice shooting a bow in my residential backyard. Checking the Austin City ordinance, discharging a firearm is strictly forbidden, however the definition of firearm (according to the references) seems to exclude bows completely. Austin City Ordinance code 9-6-1 posted:
Given that the discharge ordinance says no discharge of firearms in city limits except for gun ranges etc., but the definition doesn't include bows, does that mean I'm okay? I called the PD non-emergency line, and they referred me to the code. I just want to make sure I'm not breaking any laws. The only time bows are mentioned are in regards to getting a permit for an archery range, there isn't any bow-specific discharge codes.
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Sep 25, 2012 19:53
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I say give it a shot.
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Sep 25, 2012 19:59
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I'd be more worried about what happens when an arrow flies off target for one reason or another, like it coming unstrung midway through the release because you had the string twisted upon releasing it and in your panic as poo poo starts going wrong, the arrow goes way off target and hits little Jimmy in the knee, effectively ending his football career before it even started.
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Sep 25, 2012 20:08
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woozle wuzzle posted:I say give it a shot.  Cool, I'll give it a go. I figure if my neighbors get pissed I can just start going to the range. It's just a lot easier (and cheaper) to shoot in the backyard. Edit: Yeah, that's what I'm worried about too. But thankfully I'll be using a good, wide/tall backstop and shooting down at the target, so hopefully I'll avoid hitting Timmy.
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Sep 25, 2012 20:09
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I can't seem to find a copy of the Travis County Code in full that would have the relevant bits you want, but I don't see any city ordinance or state law against it. If I see arrows flying over my new house, I'll know who to blame 
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Sep 25, 2012 21:06
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areyoucontagious posted:A cover-my-rear end question: Although it would appear your backyard fits in the definition of "Archery Range" it seems the rest of the ordinance is more geared towards some sort of business thereto. However, from a strict reading of the ordinance, I would say your backyard qualifies. ed: Cant seem to link directly, just search 'bow and arrow' code:§ 4-3-41 DEFINITIONS. In this article: (1) ARCHERY CLUB means a non-profit organization, sanctioned by a national or state archery association, composed of archers who meet to engage in the sport of archery. (2) ARCHERY RANGE means a facility where archery is practiced, excluding an archery range limited to the use of toy bows and soft rubber tip arrows. *** § 4-3-43 PERMIT REQUIRED. A person commits an offense if the person conducts or operates, or permits another person to conduct or operate, an archery range or shooting facility on property under the person's ownership or control, without a permit issued under this article. ***
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Sep 25, 2012 21:12
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chemosh6969 posted:I'd be more worried about what happens when an arrow flies off target for one reason or another, like it coming unstrung midway through the release because you had the string twisted upon releasing it and in your panic as poo poo starts going wrong, the arrow goes way off target and hits little Jimmy in the knee, effectively ending his football career before it even started. Is your superhero alter ego "Parade of Horribles Man"? areyoucontagious posted:The only time bows are mentioned are in regards to getting a permit for an archery range, there isn't any bow-specific discharge codes. But "Archery Range" is defined as "a facility where archery is practiced, excluding an archery range limited to the use of toy bows and soft rubber tip arrows" which would not necessarily exclude the facility at your place where you practice archery. The code that has to do with ranges refers you to the City Manager for a permit. Call the city manager's office and ask to talk to the range permitting person. Ask him/her what they mean by facility, and whether it includes your situation. It probably won't, so you would be OK under both code provisions.
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Sep 25, 2012 21:25
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joat mon posted:Is your superhero alter ego "Parade of Horribles Man"? Yeah, I had initially disregarded that code because it seemed to do with businesses. I'll call the permit office and check things out.
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Sep 25, 2012 21:45
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Without looking at any of the relevant statutes, regulations, or bylaws, I'd be extremely surprised if you could shoot bows within the city limits without any kind of permit or restriction
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Sep 25, 2012 22:01
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I'm kind of overwhelmed right now and I know jack poo poo about the law. I'm currently in Boston, MA. We just moved into an apartment on September 1st that we're renting. When we rented it we were told that someone just bought the building. It's an older Victorian brownstone and we like it enough, but we've been having trouble with maintenance already and I guess I'm not sure what the correct steps are. For starters, they didn't give us our mailbox key till after we called maintenance 4 times AND the emergency line - it took a week for us to get it. As of right now our doorbell doesn't work, the heating element in the bedroom is very noisy and doesn't seem to work, there's mildew in the bathroom along with untreated wood, and most notably no smoke detectors or fire extinguishers. We have called maintenance twice to get someone to fix any of those things and they have not called us back so far. In Boston at least if the owner doesn't live in the building, they must have a plaque in place near the mailbox saying the name of the owner, where they're located, and their phone number, which we don't have here. We also are missing screens in one window, which I read on the sanitation code that we're supposed to have screens from April 1st to October 31st. I did note some of these things down on the apartment condition statement and we photographed the bathroom. The reviews for this management company are terrible - people are saying they frequently make threats to their tenants and take weeks to fix things such as broken toilets. I'm actually fairly fearful of dealing with them after reading all of these things. We like our apartment but we just want our stuff fixed. We were told after we moved in that they're trying to sell the building. They were doing walkthroughs for a bit with possible owners and inspectors, so we have apparently had city inspectors come through this place. We've had construction workers in the building, but they're just doing things like sealing the brick walls in the common area or re-doing the front porch. Where I get confused is I'm not entirely sure what I'm supposed to expect while the apartment changes hands. Am I supposed to be informed if we have a new landlord? I checked public records and something called a "Release" was processed on this property in early August. What I think happened was that this apartment along with the two adjacent apartments were bought in late June, then this specific apartment was released to be sold. What does this mean for me? Like, what are my rights as a tenant while a property is changing hands? Additionally, when should I escalate getting these things fixed in the apartment? I don't even know how I should do this. I'm not sure about the proper way to get some of these things fixed or if it's even worth the battle. I feel like I should talk to a lawyer but I honestly don't know where to start. I'm 22 years old and work for chump change right now. I guess I'm confused what my rights are - I've read my tenant rights but it still doesn't make much sense to me. Sorry if this isn't a lawyer question, I just have a lot of trouble understanding what everything means. I know jack poo poo about buying property. I'm honestly hoping someone will buy the property soon and change management companies because I'm honestly spooked about getting harassed by this guy.
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Sep 26, 2012 01:35
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Dogen posted:I can't seem to find a copy of the Travis County Code in full that would have the relevant bits you want, but I don't see any city ordinance or state law against it. I don't practice archery law in Texas and can't give a definitive answer, but I can't imagine it would fit that firearm ordinance. And practically speaking, someone's going to notice you shooting off a gun because guns make noise - a bow and arrow and a straw target won't set off any car alarms. Likewise, your yard's not an archery facility any more than the woods outside my brother's house are an archery facility. It's a yard.
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Sep 26, 2012 01:51
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I'll be surprised if terrorist ambulance is wrong; but on the flip side, I'd also be very, very surprised if anything serious came of you doing it anyway (at worst I imagine the cops coming by and telling you to stop / take down your target if a neighbor complains) but IANAL. That is of course assuming you don't hit Timmy.areyoucontagious posted:Yeah, that's what I'm worried about too. But thankfully I'll be using a good, wide/tall backstop and shooting down at the target, so hopefully I'll avoid hitting Timmy. I've set up a range at my friend's house (fwiw, my city ordinances are also ambiguous about this), which fortunately runs along a dry riverbed. YOU WILL MISS THE BACKSTOP occasionally, no matter how big it is. What is behind the backstop? The neighbor's yard/house? Don't do it. The street? Don't do it. Empty field/forest/river? Take your chances. Another acre of your own property? Go for it. Cheap backstop tip: a sturdy rectangular frame of 2x6's and 2x4's with four layers of carpet hanging down from it works great. Most carpet/flooring stores will have plenty of scrap carpet they'll give you for free.
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Sep 26, 2012 01:59
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so can I make bulletproof body armor out of 2x4s and carpet?
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Sep 26, 2012 02:12
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El_Elegante posted:so can I make bulletproof body armor out of 2x4s and carpet? Depends on the bullets. Arrows, sure. .50 BMG? It's iffy. Basically the set up would be a target, and then a sheet or two of plywood, and then my 7-ft fence behind that, and then my front yard, and then my street. Enough? I'm not sure. It's more of a play-it-by-ear sort of thing, and if it seems dangerous/not enough I'll shoot at the range.
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Sep 26, 2012 02:42
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areyoucontagious posted:Depends on the bullets. Arrows, sure. .50 BMG? It's iffy. I am neither a Texas lawyer nor Hawkeye, but this seems like a really bad idea. Accidents will happen. A few questions to determine just how bad an idea: How long is your front yard? Can an arrow that shoots over your fence hit the street? What is the absolute worst case injury caused by an arrow striking a victim on the other side of the fence? What kind and how much liability insurance do you carry,and will it cover this?
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Sep 26, 2012 03:14
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areyoucontagious posted:Depends on the bullets. Arrows, sure. .50 BMG? It's iffy. Nope. Don't do it. For one thing, if you send an arrow into the street, you are almost certainly risking both civil and criminal liability. For another, every time you go out to shoot, your enjoyment is going to be tempered by the worry that should be in the back of your head. Do you have no other angle that you can use? Can you stand on a back porch and fire down at an angle, so that the ground is your backstop?
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Sep 26, 2012 03:22
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El_Elegante posted:so can I make bulletproof body armor out of 2x4s and carpet? Apply carpet to the skin liberally. Once enough carpet has been applied, user will asphyxiate. Construct box from 2x4's, insert user, and encase box beneath 6 feet of dirt. User will rest easily knowing bullets are no longer a problem. areyoucontagious posted:Basically the set up would be a target, and then a sheet or two of plywood, and then my 7-ft fence behind that, and then my front yard, and then my street. Enough? I'm not sure. It's more of a play-it-by-ear sort of thing, and if it seems dangerous/not enough I'll shoot at the range. Plywood isn't a great backstop since it has potential to gently caress up your arrows (due to the hard impact and tips getting stuck). Take the frame you were going to screw the plywood to and hang scrap carpet from it instead. Scrap carpet is free, so why not? Arrows will go a great distance. My friend's kid's arrows go over 50 yards (maybe close to 75) when he misses the backstop, and he's using a lovely 15-20lb kiddy bow. Even at that distance they're going fast enough to embed themselves in trees occasionally. You will be raining death down onto your street unless your front yard is massive.
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Sep 26, 2012 03:37
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Has anyone ever tried to sue document review companies, or been successful at it? They're freaking brutal in regards to promises (i.e. lying about it and reneging on them) to any lawyer desperate enough for a job.
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Sep 26, 2012 03:57
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Shageletic posted:Has anyone ever tried to sue document review companies, or been successful at it? They're freaking brutal in regards to promises (i.e. lying about it and reneging on them) to any lawyer desperate enough for a job. Hahahahahahaha... I feel yer pain man. I feel yer pain. I once worked with a guy whose sister was the doc review recruiter. HIS SISTER. And he still got hosed over.
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Sep 26, 2012 04:00
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Just to calm everyone's fears, I'm going to be taking your advice. I will re-evalulate my yard, but chances are it's a scrapped plan. =/
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Sep 26, 2012 04:05
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woozle wuzzle posted:Hahahahahahaha... I feel yer pain man. I feel yer pain. Yuuuup. Been at it long enough to know the game, but this time I got hosed over to an impressively unprecedented degree. Like, I gotta admire it in a way.
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Sep 26, 2012 04:11
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Shageletic posted:Has anyone ever tried to sue document review companies, or been successful at it? They're freaking brutal in regards to promises (i.e. lying about it and reneging on them) to any lawyer desperate enough for a job. They're just staffing agencies like any other. You can make a claim against them like any other employer. Out of curiosity, though, what particular promises did the agency renege on in your case?
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Sep 26, 2012 07:42
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ibntumart posted:They're just staffing agencies like any other. You can make a claim against them like any other employer. Out of curiosity, though, what particular promises did the agency renege on in your case? It wasn't them per se, or them alone. They promised three months (and suggested it would be longer) for a gig that prevents me from working with a whole host of businesses (practically an industry, and one that doc review jobs mainly deal with). Same with the firm. The job lasted two weeks. So yeah, kinda peeved.
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Sep 26, 2012 08:15
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Shageletic posted:It wasn't them per se, or them alone. They promised three months (and suggested it would be longer) for a gig that prevents me from working with a whole host of businesses (practically an industry, and one that doc review jobs mainly deal with). Same with the firm. That royally sucks. I haven't had a staffing agency ever actually promise a contract length, but some of of them do like to exaggerate likely project lengths. Making you conflict out of basically an entire industry is an extreme level of lovely promises, though. You're not in the SF Bay Area by any chance, are you?
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Sep 26, 2012 08:42
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NYC.
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Sep 26, 2012 12:07
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While frustrating, I don't think there's any legal claim there. You can't prove they knowingly/negligently did it, even if they did. They just say "I dunno, we thought the project would last, client settled or the docs were way shorter than estimated or the client demanded a shorter turnaround  ".Like in theory if you got an inheritance tomorrow and wanted to dump money into the best legal team to sue them, I don't see how you'd win.
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Sep 26, 2012 13:43
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ibntumart posted:The way it works in the US is that lawyers are admitted to practice before certain courts. drat, this is mindblowing, thanks a lot!
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Sep 26, 2012 14:01
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Every attorney is assumed competent to do anything in law. The incompetence part of it comes in when they gently caress up and perform below an objective standard.
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Sep 26, 2012 14:06
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Shnooks posted:I'm currently in Boston, MA. Hi Shnooks, I am not a lawyer but I am in Boston and have had to deal with a number of landlord issues in the past. I think that your best bet is to contact the Massachusetts Bar Association and the Boston Bar Association. You can ask them for a referral for an attorney that specializes in landlord-tenant law. By going through the Bar Associations, you can get a consultation with someone for either free or very cheap (like $25). I think the Mass Bar provides free consults and Boston Bar does $25 ones? I am not positive. Basically this will get you in the door to talk to someone about your issues and what your options are. They should also be able to tell you what impact having the place sold would have (I believe that a lease carries over to the new owner and they would have to honor it or re-negotiate with you, but you want to talk to a lawyer about it for sure). I would not be terribly optimistic because a lot of your issues sound like generic lovely apartment stuff and not serious breaches of habitability or anything. If you are not already doing it, make sure you keep a written record of all your complaints and contacts. If you make a phone call, write down when it was and who you spoke to and what was said. If something is a lingering issue, send them a letter documenting your complaint.
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Sep 26, 2012 14:25
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