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blarzgh posted:Turns out, Judge Judy and the like are actually binding arbitrations. I had always wondered. Though, I think the winner got paid more than the loser in the OG People's Court.
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Mar 22, 2014 02:15
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Yeah, the fine print in the credits at the end of these shows always mentions that the award is paid for by the show. It has to be a big part of the reason why people with an obviously losing argument who are going to be mocked and yelled at by the judge still agree to show up. (It's a good deal for successful plaintiffs too, of course, since it means someone who's guaranteed to actually have money is on the hook for what they're owed.)Thanatosian posted:This is how court shows have been run since the OG People's Court. You're right; The People's Court specifically mentions that the award comes out of the loser's share of whatever they're getting paid. (I swear I'm not some kind of obsessive fan of courtroom reality TV, I'm just a fast reader.) Thuryl fucked around with this message at 02:20 on Mar 22, 2014 |
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Mar 22, 2014 02:17
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I thought all those shows operated that way, where the award comes out of the loser's check. The best of those shows was Texas Justice, mind you. I wish that was still on.
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Mar 22, 2014 02:34
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Thanks, Andy Dufresne and jassi007. I removed the unprotected accounts and took the other precautions mentioned.
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Mar 22, 2014 09:19
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I may be about to sign an agreement that has the following language "b2n owns or controls the rights necessary to enter into this agreement" "the data are original with b2n and/or legally licensed by b2n" The language makes me nervous because all I have is permission, given by eMail, to use the data (from a third party). Does permission_given_by_eMail really count as "legally licensed"?
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Mar 22, 2014 09:23
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If there's money on the line, hire a lawyer. People here won't be able to give you an answer that you want to rely upon.
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Mar 22, 2014 14:00
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Alaemon posted:Judge Judy drives me crazy by her scattershot application of hearsay, though. She gets super cranky any time she's presented with an out-of-court statement (usually even if it might not be offered for the truth of the matter asserted). If parties even try, she shouts them down on hearsay. Police reports are hearsay but in most states, if they're certified, they're admissible as a hearsay exception.
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Mar 22, 2014 15:54
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Any advice on how to research what criminal law may have been violated by a residential contractor abandoning a project in Rhode Island? My family member consulted a lawyer who suggested that the best way forward is putting any evidence together with any relevant criminal law and presenting that to the police and proceeding on that basis. Unfortunately, my family member is unable to afford a lawyer at this time and we are doing this ourselves. Any advice would be much appreciated! The current strategy involves a pot of coffee and reading a whole lot of state law. Is there a faster way? Like a database of judgements or something somewhere where I can find analogous cases replete with enumeration of violated laws or something? Accretionist fucked around with this message at 21:05 on Mar 22, 2014 |
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Mar 22, 2014 20:59
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Accretionist posted:Any advice on how to research what criminal law may have been violated by a residential contractor abandoning a project in Rhode Island? If all else fails, there is a reality show for you: http://www.catchacontractor.com/CatchAContractor/Apply_Now.html
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Mar 22, 2014 21:18
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Accretionist posted:Any advice on how to research what criminal law may have been violated by a residential contractor abandoning a project in Rhode Island? There is probably a state agency regulating contractors. Speak with that agency about lodging a complaint and finding out what your options are.
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Mar 22, 2014 21:36
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I'm skeptical that a contractor abandoning a project amounts to a crime, though it's possible there could be some minor fines since it's a residence. I doubt the police would be interested in a construction dispute unless there's something more to the story. That would typically be handled with an action for breach of contract, but good luck suing a fly-by-night residential contractor. Small claims court may be an option, but if it's a substantial problem, you should speak with a lawyer. the milk machine fucked around with this message at 00:21 on Mar 23, 2014 |
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Mar 23, 2014 00:18
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I don't want to post too much information, but the job is fully paid up and he has made some amusingly self-incriminating statements (in writing  ) as to why the money can't be refunded.
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Mar 23, 2014 00:42
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the milk machine posted:I'm skeptical that a contractor abandoning a project amounts to a crime, though it's possible there could be some minor fines since it's a residence. I doubt the police would be interested in a construction dispute unless there's something more to the story. My understanding of contractors is that it is a violation of their contract, and they can be taken to court for that. If the contractor belongs to some sort of professional body eg. Master Builders guild or equivalent, it might help to inform them.
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Mar 23, 2014 01:09
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That's true, but that doesn't mean that a crime has been committed. The police won't do anything about a civil dispute.Accretionist posted:I don't want to post too much information, but the job is fully paid up and he has made some amusingly self-incriminating statements (in writing If he's been paid in full and then abandoned the project, you will need a lawyer to have any hope of recovering anything. Depending on your state, small claims court may be an option, but if we're talking about a significant amount of money, you need a lawyer. For future reference, never pay a contractor in full before the job is complete. This is true all the way from residential work to skyscrapers and power plants. the milk machine fucked around with this message at 03:10 on Mar 23, 2014 |
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Mar 23, 2014 03:04
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the milk machine posted:For future reference, never pay a contractor in full before the job is complete. Yeah, I reviewed the contract this morning and the payment schedule was by date rather than anything at all to do with progress. Good lesson right there: Don't do that.
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Mar 23, 2014 03:21
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CaptainScraps posted:Police reports are hearsay but in most states, if they're certified, they're admissible as a hearsay exception. I know, but she doesn't say it so I KNOW that it's certified and qualifies as an exception. It's like she doesn't even care about building a record!
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Mar 23, 2014 03:31
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I've got a question about harassment and restraining orders in NY. I'll try to keep it as brief and E/N free as possible. I have a family member who's been estranged from the rest of my family for the last decade or so. A couple of months back they resurfaced, and they've been sending me tons of emails trying to get me to reconcile with them. They aren't threatening, just very passive aggressive -- there are family court records involving me and this person, though. What are my options for getting them to go away and leave me alone?
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Mar 23, 2014 03:40
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Funambulist posted:What are my options for getting them to go away and leave me alone? I'm not a lawyer though, just an IT guy.
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Mar 23, 2014 03:57
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Yeah, I set up a gmail filter to catch anything from their email address. It only archives their email in a special folder, because they've got a history of making false accusations on people to harass them. So I want a paper trail. Lately, though, the emails have been getting a lot more frequent, and honestly a little creepy. "I'm praying you'll come to your senses and realize I've only ever wanted the best for you", "I love you so much, I have always loved you, let's take a vacation to Italy" type of stuff that makes me feel really uncomfortable. I'm thinking I should Funambulist fucked around with this message at 04:26 on Mar 23, 2014 |
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Mar 23, 2014 04:19
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Starpluck fucked around with this message at 08:37 on Apr 22, 2014 |
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Mar 23, 2014 04:49
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Depends on what you think the outcome in US v Auernheimer ought to be - after all, he just guessed a passcode too. Seriously, this is sort of an open question in case law right now, so it's not a simple answer, and since it pertains to you personally, you need to get a lawyer who is your lawyer.
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Mar 23, 2014 04:54
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Did your phone have gold fringes?
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Mar 23, 2014 04:58
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DEA posted:Question in California. poo poo that happens in Ontario, Canada, has very little bearing on the California, United States, legal system. Just saying.
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Mar 23, 2014 05:22
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Funambulist posted:Yeah, I set up a gmail filter to catch anything from their email address. It only archives their email in a special folder, because they've got a history of making false accusations on people to harass them. So I want a paper trail. family law is only one of my office areas, and not a large one, but i can't see you getting a restraining order or anything based off those comments. She'd need to be violating a prior "no contact, ever" order in my opinion. Contacting a lawyer is a good idea, just be careful before you spend thousands on a lawyer on this.
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Mar 23, 2014 14:09
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A landlord enters a tenant's apartment and finds what he believes to be illegal drugs. If the landlord contacts the police, can he give them permission to search the apartment if the tenant isn't notified or denies permission? Does the landlord's word constitute probable cause, allowing the police to search without permission or a warrant? Does it matter if the landlord's initial entry into the apartment violated landlord-tenant law? State is KS if it matters.
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Mar 23, 2014 15:30
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Hot Dog Day #91 posted:family law is only one of my office areas, and not a large one, but i can't see you getting a restraining order or anything based off those comments. She'd need to be violating a prior "no contact, ever" order in my opinion. Alright, is it at all possible to get one of those? For more info, this is a parent who lost custody of me for violent and erratic behavior, plus lying to authorities. I have to imagine that would be taken into consideration.
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Mar 23, 2014 16:16
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Funambulist posted:Alright, is it at all possible to get one of those? For more info, this is a parent who lost custody of me for violent and erratic behavior, plus lying to authorities. I have to imagine that would be taken into consideration. In my opinion and in my jurisdiction, no. It's annoying, and I'm sure it's upsetting, but if you're over 18, it's probably not bad enough to get a court order. If you came into my office, I'd sympathize but I wouldn't take your money. Find a lawyer who gives a free or cheap consultation in your area. Good luck, for real.
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Mar 23, 2014 16:44
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Hot Dog Day #91 posted:In my opinion and in my jurisdiction, no. It's annoying, and I'm sure it's upsetting, but if you're over 18, it's probably not bad enough to get a court order. If you came into my office, I'd sympathize but I wouldn't take your money. Find a lawyer who gives a free or cheap consultation in your area. Good luck, for real. Yeah, my gut feeling's been that that is what I needed to do all along. I'd like some sort of big official leave-me-the-hell-alone notice, but if I can't get that, I'll live. It's annoying and makes me kinda uncomfortable, but she can't really do anything to me. Thanks! 
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Mar 23, 2014 16:46
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You can probably find a suitably scary but legally weightless "leave me the gently caress alone"/C&D form letter somewhere.
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Mar 23, 2014 20:26
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It might be best not to engage and just ignore them, however. A scary letter won't do anything legally, but it might piss them off and make them feel their obsession towards you is justified, leading them to escalate. I'd set my email rules to delete anything from them and screen my calls, they should leave you alone in six weeks or so.
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Mar 23, 2014 20:30
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Konstantin posted:A landlord enters a tenant's apartment and finds what he believes to be illegal drugs. If the landlord contacts the police, can he give them permission to search the apartment if the tenant isn't notified or denies permission? Does the landlord's word constitute probable cause, allowing the police to search without permission or a warrant? Does it matter if the landlord's initial entry into the apartment violated landlord-tenant law? State is KS if it matters. I don't think so. The Supreme Court ruled in Chapman v. United States that a landlord generally can't give cops permission to search a home. However, the landlord's word probably is good enough for probable cause, and other circumstances might have made the entry legal. For example, if the cops had reason to think the drugs might be moved or destroyed before they could get a warrant. I'm pretty sure it doesn't matter, for probable cause purposes, if an informant obtained his information illegally (unless he was working for or with the cops when he illegally obtained the information, which doesn't seem to be the case here). I'm not licensed in KS and am not a defense attorney, so don't take my word for any of this.
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Mar 23, 2014 20:45
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I'm moving out of my Michigan apartment in May. My lease ends on the 16th. The office wants me to pay for the full month up front, and then they would pay me back once I have moved out, minus the pro-rated rent. I've never had an apartment ask to do this, and it seems fishy. Frankly, I'm worried it'd become a second security deposit that I'd have to fight to get back. Can they legally demand that I overpay my rent?
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Mar 23, 2014 22:01
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Dienes posted:I'm moving out of my Michigan apartment in May. My lease ends on the 16th. The office wants me to pay for the full month up front, and then they would pay me back once I have moved out, minus the pro-rated rent. I've never had an apartment ask to do this, and it seems fishy. Frankly, I'm worried it'd become a second security deposit that I'd have to fight to get back. IANAL but I doubt they can. But, check your tenancy contract and see what it says.
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Mar 23, 2014 22:09
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Soylent Pudding posted:There is probably a state agency regulating contractors. Speak with that agency about lodging a complaint and finding out what your options are. the milk machine posted:I'm skeptical that a contractor abandoning a project amounts to a crime, though it's possible there could be some minor fines since it's a residence. I doubt the police would be interested in a construction dispute unless there's something more to the story.
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Mar 23, 2014 23:39
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Netanyahu fucked around with this message at 06:41 on Aug 1, 2014 |
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Mar 24, 2014 00:36
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Netanyahu posted:I am under 21, got arrested under for DUI and in the process of contacting a lawyer and obtaining a police report etc. I did a breathalyzer and asked for blood test (though I don't know if the latter was mistake.) One question, the officer on scene alleged I blew "twice the legal limit" - I don't know if he means .2 (since I am under 21) or .16. This can vary a lot depending on the particulars, were you driving a boat? edit: to be mildly helpful: quote:The charge of driving under the influence (DUI) is typically composed of two crimes: Vehicle Code § 23152(a) and Vehicle Code § 23152(b).The difference between the two DUI charges is that Vehicle Code § 23152(b) is the "per se" charge, (meaning it is violated if the person is over 0.08% regardless of whether you were impaired or not), and Vehicle Code § 23152(a) can be violated even if you are below the limit established by the "per se" charge, (meaning that you can be charged with the crime of DUI even if you were below 0.08% at the time of driving). you can get A if you're impaired but not over 0.08, and you can get B if you're over 0.08 but not impaired. EAT THE EGGS RICOLA fucked around with this message at 00:54 on Mar 24, 2014 |
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Mar 24, 2014 00:43
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Netanyahu fucked around with this message at 06:41 on Aug 1, 2014 |
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Mar 24, 2014 00:52
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Netanyahu posted:I am not sure I understand, a car. I ask because the same offense with a (b) appended seems to mean a BAC of .08% but (a) is under but I am not entirely sure. (A) is the charge that applies whether your BAC was over the legal limit or not--i.e the police will allege you were impaired regardless of your BAC. They will need to prove you were too impaired to drive and BAC is one piece of evidence. (B) is the charge they can bring regardless of impairment. If you blow over .08, you are in violation of the law regardless of your arguments that you were OK to drive.
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Mar 24, 2014 02:41
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Idle curiosity here. Say someone wrote a check for a certain amount, call it $100, at a point when they had enough money in their account. However, they suck at balancing a checkbook because this isn't the 1950's anymore, and the check overdrafts the account. The person deposits money in the account and makes sure the bill is properly paid as soon as they notice the discrepancy. Has anything other than stupidity on the part of the checkwriter occurred? Assume Massachusetts.
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Mar 24, 2014 03:02
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Duckboat posted:Idle curiosity here. You're hosed
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Mar 24, 2014 03:03
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