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Groundskeeper Silly posted:Thanks lawyers (and non-lawyer dumbasses!) for all the time you put into this thread. Michigan lawyer here. We do have felonies at the state court level. If you want a list of felonies recognized, defined, and prosecuted under state law: http://courts.mi.gov/education/mji/Publications/Documents/alpha-crime-list.pdf Please note a few of my favorites: Adultery (MCL 750.30) Cohabitation of divorced parties (MCL 750.32) (more severe than "lewd and lascivious cohabitation" which is a misdemeanor per MCL 750.335) Seduction (of an unmarried woman) (MCL 750.532)
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Apr 7, 2013 05:26
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Reposting, since I think it got missed in the unemployment, adoption, and FAQ discussion. Can anyone help me out?lotor9530 posted:Apartment lease question in Texas. If two people hold the lease jointly (both named as leaseholders, signed when the lease started), can one of them add an approved occupant to the lease without the signature/permission of the other? If not, and it was done anyway, what would the potential remedies be?
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Apr 7, 2013 12:45
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Thanks for the replies. And the list of MI felonies. Good to know that sodomy is apparently a felony here.
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Apr 7, 2013 20:32
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Alaemon posted:Michigan lawyer here. Huh. quote:750.335 Lewd and lascivious cohabitation and gross lewdness. Out of curiosity, could laws like this be used to gently caress with people? Like, are they still in effect even in theory, do they no longer apply due to that SCOTUS case that struck down anti sodomy laws, or what? Edit: Groundskeeper Silly posted:Thanks for the replies. And the list of MI felonies. Good to know that sodomy is apparently a felony here. Lawrence v Texas struck down anti sodomy laws nationwide. As far as I know some states just didn't both removing the laws from the books.
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Apr 7, 2013 21:19
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So if my commonlaw husband is assaulted and has his jaw broken, I can't also sue for loss of consortium? Wtf Michigan
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Apr 7, 2013 21:20
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My girlfriend has been getting anonymous emails falsely accusing me of cheating on her, among other things. They're from Gmail accounts, and generally a different one each time. If they aren't severe enough to get the police involved, is there anything I can do? I'm probably talking out of my rear end here, but would it be possible to file a civil suit for defamation against John Doe and then subpoena Google to get the real name/IP address? I'm in NY, if that affects things.
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Apr 7, 2013 21:22
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Non Sequitur posted:My girlfriend has been getting anonymous emails falsely accusing me of cheating on her, among other things. They're from Gmail accounts, and generally a different one each time. If they aren't severe enough to get the police involved, is there anything I can do? I'm probably talking out of my rear end here, but would it be possible to file a civil suit for defamation against John Doe and then subpoena Google to get the real name/IP address? I'm in NY, if that affects things. Do you have enough money to buy me a platinum account without any further questions? This is the gateway question to your answer.
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Apr 7, 2013 21:25
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Alchenar posted:Do you have enough money to buy me a platinum account without any further questions? Ha. No. If I'm willing to drop a thousand or two in filing fees, read up on the law and act pro se (a good LSAT score is basically a law degree, right? *cough*), do I have a prayer of being enough of a gadfly that I could get a name, though?
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Apr 7, 2013 21:50
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Maybe you should stop cheating on your girlfriend.
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Apr 7, 2013 22:00
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Non Sequitur posted:Ha. No. If I'm willing to drop a thousand or two in filing fees, read up on the law and act pro se (a good LSAT score is basically a law degree, right? *cough*), do I have a prayer of being enough of a gadfly that I could get a name, though? No.
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Apr 7, 2013 22:02
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Blue Footed Booby posted:Edit: Thanks, that sounds like a pretty good pick-up line. If seduction wasn't illegal, of course.
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Apr 7, 2013 22:04
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Groundskeeper Silly posted:Thanks lawyers (and non-lawyer dumbasses!) for all the time you put into this thread. Maybe your friend has no idea what "felony murder" is and thought you were talking about "murder, which is a felony" instead?
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Apr 7, 2013 22:18
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Non Sequitur posted:Ha. No. If I'm willing to drop a thousand or two in filing fees, read up on the law and act pro se (a good LSAT score is basically a law degree, right? *cough*), do I have a prayer of being enough of a gadfly that I could get a name, though? Look just find some ex-helldumper/internet detective to do this for you. That is my actual answer and it gives you the highest probability of success.
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Apr 7, 2013 22:24
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joat mon posted:Maybe your friend has no idea what "felony murder" is and thought you were talking about "murder, which is a felony" instead? I mean for other people there who had no idea, I even explained what is meant by felony murder (brought up the co-robber who gets killed and robber is charged with felony murder example). He's a smart guy, but he mentioned that his wife took a few crim justice courses, so I think he just misremembered second- or third-hand information he might not have ever understood fully.
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Apr 7, 2013 22:25
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Kalman posted:No. Why? There are four elements of defamation in NY: quote:1) a false statement; 1, 2 and 3 are clear. What is the standard for 4? It's a private matter, of course, but it certainly caused us considerable grief. "Allegations of unchastity" are considered per se defamation, though I don't think that quite applies here. But would I have a case for a smallish monetary claim, based on damage to reputation and emotional damage? I don't seriously expect to collect money; what I'd be happy with is knowing the identity of the person responsible together with some sort of admission of guilt from them.
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Apr 7, 2013 22:36
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Non Sequitur posted:Why? There are four elements of defamation in NY: Ahahahahahaha. Ahahahaha. Aha. Ha Ha. Ha. No.
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Apr 7, 2013 22:37
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joat mon posted:Maybe your friend has no idea what "felony murder" is and thought you were talking about "murder, which is a felony" instead? For what it's worth (and for anyone who doesn't know), Michigan DOESN'T observe the felony murder rule. We abandoned it in... 1990, I think? People v Aaron is the case.
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Apr 7, 2013 22:55
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Alaemon posted:For what it's worth (and for anyone who doesn't know), Michigan DOESN'T observe the felony murder rule. We abandoned it in... 1990, I think? People v Aaron is the case. I think I mentioned that in my post. My friend said it doesn't matter that we don't observe it. e: I see that I said we don't have one, not that we don't observe it
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Apr 7, 2013 23:02
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Non Sequitur posted:Why? There are four elements of defamation in NY: Who, exactly, do you think *knows* the name you're looking for?
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Apr 7, 2013 23:02
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I think the notion is subpoena google for an ip -> subpoena ISP for a name -> proceed with lawsuit. I also think the OP knows it's a lost cause and is just yakking, so the real question is "In a theoretical case where the OP is Bill Gates and has infinite money for lawyers, could they actually push this through and sue the anonymous gmailer?"
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Apr 8, 2013 01:24
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Groundskeeper Silly posted:I think I mentioned that in my post. My friend said it doesn't matter that we don't observe it. I know you mentioned it, I was just agreeing with you in case anyone doubted it. Again, your friend was all kinds of incorrect. Murder is a felony, for one thing.
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Apr 8, 2013 02:40
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Small family law question: Court order says that the ex has supervised visitation only of our 3-year-old son. He has to register with victim's assistance, pay a fee for a background check, etc. etc. etc. It's been a year and he has not complied with the court orders and therefore has not seen his son. The problem? Court order also states that, as joint managing conservator, my ex has the right to attend our son's school functions. It's in the list of his rights as non-custodial parent. So how does that work, practically speaking? He is only allowed access to our son through supervised visitation, but what if he showed up at a preschool Christmas pageant, for example? It seems contradictory. It's not an immediate huge deal, because the ex is out of state, but we're coming up on our child's birthday, and I can't write off the possibility that he'll turn up. The daycare/preschool won't release him to his father, but I don't know what would happen if he showed up for something.
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Apr 8, 2013 02:42
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On lapsed visitation: that deeply sucks, but typically the court can't force him to exercise his rights. Each state will be like a foreign country in this regard. In general, after a while it's theoretically possible to terminate his parental rights, but practically difficult and not a great idea for various reasons (can cut off child's right to inherit or get SSI from croaked deadbeat, etc). Just let the rights sit lapsed if it's not hurting anything one way or another. On christmas pageant: I think it'd be fine because he's not taking control of the child in that situation. Meaning: if dad turns up at the grocery store or a school play, and the child is under the care of somebody else the whole time and there's little to no interaction, then that's fine. If after the play he took the child aside, or had you and kid in a room alone, he's crossed a line that should result in a 911 call (if bad) or show cause/motion for contempt (if not bad). It's not that he has to stay like 500 feet away from the kid. He just can't have much interaction with the child without jumping through the court ordered hoops. I can empathize with the "what ifs", but he'll also have no idea of the dates and times of any school functions. woozle wuzzle fucked around with this message at 05:22 on Apr 8, 2013 |
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Apr 8, 2013 05:18
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What type of lawyer would be responsible for this particular case? Someone is transiting from France to the UK in order to return to the United States (California). He lost his paper ticket with Virgin Airlines, but goes to Heathrow Airport to get a new ticket from the Virgin booth. When he talks to the UK Border Police, they turn him away and deport him back to France because Virgin does not have his ticket information in their database. As a result, he misses his flight back to the US, and is banned from entering the UK. The US consulate in Marseilles gives him a loan to be able to return to the US - this costs $3000 due to US carrier restrictions. The damages would be the cost of the loan from the US consulate and the cost of the ticket originally purchased from Virgin Airlines to return to the United States.
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Apr 8, 2013 07:26
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Who do you want to recover from? The UK customs? The guy who lost your ticket?
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Apr 8, 2013 13:12
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Fatewarns posted:What type of lawyer would be responsible for this particular case? International law panda to the rescue!
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Apr 8, 2013 13:30
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FrozenVent posted:Who do you want to recover from? The UK customs? The guy who lost your ticket? It happened to my brother. We're thinking of recovering from Virgin Airlines. Although he lost his paper ticket, Virgin should've still had him in their database; he was deported on the basis of not having a ticket.
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Apr 8, 2013 15:03
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Fatewarns posted:What type of lawyer would be responsible for this particular case? This story seems odd--why would they go to the trouble and expense of deporting him back to France, rather than contacting the U.S. embassy in London? This story seems like it's missing something, but I don't know much about international law/practices, really.
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Apr 8, 2013 15:20
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Fatewarns posted:It happened to my brother. We're thinking of recovering from Virgin Airlines. Although he lost his paper ticket, Virgin should've still had him in their database; he was deported on the basis of not having a ticket. Where did your brother get turned back, the land border between France and the UK or Heathrow? Does custom have access to the Virgin database? Generally speaking, when you're dealing with customs (IANAL, but I've dealt with a lot of customs and border patrols over the years) the burden to prove you have whatever you need to enter the country (Passport, visa, exit ticket, whatever) is on you. Customs doesn't have to make the slightest effort to accomodate you in any way, and looking into an airline's ticket database (Which I doubt they have access to) is going above and beyond their duties. Edit: I agree with the above poster that it's weird that they'd deport a US citizen from the UK for not being able to prove he was going to exit the country. That's a really easy requirement to meet, usually - Are you sure there's not more to the story?
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Apr 8, 2013 15:21
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FrozenVent posted:Where did your brother get turned back, the land border between France and the UK or Heathrow? It was at Heathrow airport. quote:Edit: I agree with the above poster that it's weird that they'd deport a US citizen from the UK for not being able to prove he was going to exit the country. That's a really easy requirement to meet, usually - Are you sure there's not more to the story? He lost his paper ticket in Europe, and a Virgin Airlines representative told him he should be able to get the ticket from the Virgin booth at Heathrow. He had to pay an additional fee, which he did not have the money for when he entered the UK, but had money ready at a Western Union for him to pick up. When questioned by Customs, he told them that he currently did not have a ticket and that he would pick up a ticket from Virgin, and also get money for the flight via a Western Union transfer in the UK. They did not believe that this constituted sufficient intention to leave the UK. This information is listed in the UK Border Authority's letter (which he possesses) outlining the reason for deportations.
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Apr 8, 2013 15:39
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Ok, so he flew from France to Heathrow, without a ticket to leave the UK, and got turned back by customs at Heathrow? Your brother done screwed up, trying to get through immigration (He got turned back by immigration. Immigration deports people; customs seizes stuff) without the necessary documents. I'm surprised that results in a general entry ban, and he might want to clear that up with his local UK consulate. I'm not a lawyer, but I really don't see how Virgin can be held liable for that. Your brother lost the ticket, failed to make his flight, that's pretty much all there is to it as far as they are concerned.
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Apr 8, 2013 15:53
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Fatewarns posted:He lost his paper ticket in Europe, and a Virgin Airlines representative told him he should be able to get the ticket from the Virgin booth at Heathrow. He had to pay an additional fee, which he did not have the money for when he entered the UK, but had money ready at a Western Union for him to pick up. When questioned by Customs, he told them that he currently did not have a ticket and that he would pick up a ticket from Virgin, and also get money for the flight via a Western Union transfer in the UK. They did not believe that this constituted sufficient intention to leave the UK. This information is listed in the UK Border Authority's letter (which he possesses) outlining the reason for deportations. Initially you said Virgin did not "have his ticket information in their database," but now it sounds like they did have him in their database, he just needed to "pay an additional fee" for a second paper ticket, which he did not have money for at the time? It still doesn't really explain to me why the UK would go to the trouble of deporting him. The story still doesn't really add up to me.
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Apr 8, 2013 15:58
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Blue Footed Booby posted:Lawrence v Texas struck down anti sodomy laws nationwide. As far as I know some states just didn't both removing the laws from the books. Lawrence struck down laws that affect consensual sodomy. You can still charge and convict someone of sodomy if it wasn't consensual.
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Apr 8, 2013 16:04
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To me, it sounds like he did a poor job explaining the situation to the border agent. They probably asked him if he had a ticket to leave the UK (meaning, had he made arrangements to depart) and he said no (thinking they meant a physical ticket for his flight). Then he said something along the lines of "But its ok, I will be picking up money at this western union to get my ticket from Virgin", which the officer interpreted as meaning 'No man, I don't have any money but I am totally getting some and could buy a ticket with that if I don't decide to overstay and disappear into your country' If he was entering the UK as a transit passenger, that all probably sounded really sketchy and because the situation wasn't clear, he got bounced. Was he changing airports or something in the UK? In many countries you don't even have to go through immigration if you are just transiting, because you just go from gate to gate and never technically enter that country - it's been a while since I flew through the UK though, so I am not sure if they process all transits as entries.
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Apr 8, 2013 16:11
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If you have to change terminals, you may have to go through customs. I don't know how Heathrow is set up, but changing planes at JFK I had to go through US customs on my way from overseas to Canada since the flight to Montreal left from the domestic terminal.
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Apr 8, 2013 16:27
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Sir John Falstaff posted:It still doesn't really explain to me why the UK would go to the trouble of deporting him. What else are you going to do with someone you've refused entry  I watch those (UK) airport shows, it happens all the time.
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Apr 8, 2013 16:46
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Sir John Falstaff posted:Initially you said Virgin did not "have his ticket information in their database," but now it sounds like they did have him in their database, he just needed to "pay an additional fee" for a second paper ticket, which he did not have money for at the time? It still doesn't really explain to me why the UK would go to the trouble of deporting him. The story still doesn't really add up to me. I don't think they deported him, I think they refused him entry. The first is a complicated process, the second is basically the immigration officer saying 'I don't believe you are going to follow the rules of the visa, so I am not letting you come in. Don't let the door hit you on the way out.'
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Apr 8, 2013 17:03
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spog posted:I don't think they deported him, I think they refused him entry. That makes more sense. I'm still not entirely clear on how he wound up back in France, though. Someone would have to pay for the return ticket, I would think. And why wasn't the U.S. embassy in the U.K. contacted, rather than waiting until back in France? (And a very minor point, but Marseille seems like an odd place to go to the consulate, considering it's about as far from the U.K. as any city in France.) Sir John Falstaff fucked around with this message at 17:18 on Apr 8, 2013 |
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Apr 8, 2013 17:08
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Sir John Falstaff posted:That makes more sense. I'm still not entirely clear on how he wound up back in France, though. Someone would have to pay for the return ticket, I would think. And why wasn't the U.S. embassy in the U.K. contacted, rather than waiting until back in France? (And a very minor point, but Marseille seems like an odd place to go to the consulate, considering it's about as far from the U.K. as any city in France.) He probably flew back on the same plane he flew in on, or grabbed the first flight back to France he could get on stand-by. That's a pretty minor detail.
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Apr 8, 2013 17:27
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FrozenVent posted:He probably flew back on the same plane he flew in on, or grabbed the first flight back to France he could get on stand-by. That's a pretty minor detail. Ok, so he has money for a return ticket to France, but must rely on Western Union to pay the fee Virgin demands for a new paper ticket? And why go back to France at all? I suppose it's possible, but the story as a whole still seems like it's missing something.
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Apr 8, 2013 17:45
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