Legal Questions: I believe the problem is that they need a well, actually

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Blue Footed Booby: Oct 4, 2006; got those happy feet

HookShot posted:

Wouldn't it still be U-turner because he shouldn't be doing a U turn into the far lane?

if it's a one lane street it'd be right on red guy because if the guy doing the U turn is doing it legally then the lane isn't clear so it's not legal for the dude to turn right on the red.

On roads without really wide dividers it's frequently physically impossible to U turn into the near lane.

# ? Sep 19, 2014 15:00

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# ? Jun 5, 2024 08:22

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Brennanite posted:

Here's a hypothetical scenario that I'm wondering about (because I see it almost every day): Car #1 is making a right on red, into the farthest right lane. Car #2 is making a U-turn at the intersection. They have a green light. Were they to collide, who would be legally at fault?

Assuming U-Turns are permitted, generally, the car turning right on red would probably be "at fault." The real answer, though is A) Who did the Cop cite? or B) Who's insurance caved first?

All car wrecks are civil suits that insurance companies "settle" before going to Court. They assess whether their insured would "win" in Court, and pay or demand payment accordingly.

The concept you're referring to is what Texas calls "negligence per se." This is basically, "when you break a law or regulation thats designed to protect people, and you hurt someone in the process of breaking it, your liability is assumed in civil Court. Run a red light, and t-bone someone? Don't have to prove you were negligent, only what the damages were. In the above hypothetical, the question is whether Right-on-Red and U-Turn-on-Green have the same yield priority(?) or if the U-turn is first. The thing is, the Officer who takes the crash report will exercise his judgment at the scene regarding who was at fault - there isn't a Dungeons and Dragons handbook for assigning fault in every conceivable rube-goldberg of car accidents.

If the Cop assigns fault, case-closed. Insurance companies won't mess with it, and will settle. If the Cop doesn't, then the Insurance adjusters check their handbooks for how the situation plays out in Court, and what it will cost to get the thing over with, and decide whether to pay or get paid from there.

TL/DR: It Depends.

# ? Sep 19, 2014 15:32

euphronius: Feb 18, 2009

I was going to say fault is not binary and does not always depend on traffic laws.

# ? Sep 19, 2014 15:35

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

euphronius posted:

I was going to say fault is not binary and does not always depend on traffic laws.

Brevity is the soul of wit.

# ? Sep 19, 2014 15:35

Bellagio Sampler: Jul 2, 2007; Bitches don't know bout my additional pylons

I think right of way rules play into this. Right turners usually have right of way over left turners and u-turners, but not those going straight. I have no idea how/if this applies to the law, but I bet it's how a cop assigns fault.

# ? Sep 19, 2014 16:21

euphronius: Feb 18, 2009

blarzgh posted:

Brevity is the soul of wit.

negligence != 1,0; statutes

# ? Sep 19, 2014 16:23

the milk machine: Jul 23, 2002; lick my keys

In a lot of jurisdictions the cops won't write a report or issue a ticket unless it happened in front of them or someone is injured, so realistically you can count on both parties getting screwed by the insurance companies.

# ? Sep 19, 2014 16:42

Alterian: Jan 28, 2003

Where I live at left turn arrow signals there are signs posted "U turn must yield to rught turn." So I guess the U turn would be at fault in that case. Nobody ever listens to those drat signs.

# ? Sep 19, 2014 16:52

Brennanite: Feb 14, 2009

Practically, I always assumed the cops would just cite both because they would have no interest in sorting out fault in that case, which seems to be the likely case. From a strictly legal case, it sounds like maybe the car making the U-turn is at fault, depending on the exact wording of the local statutes.

# ? Sep 19, 2014 17:34

Aafter: Apr 14, 2009; A is for After.

Could use some advice here for a friend.

He's being accused of stealing from his old roommate's business. Knowing him, he didn't do it. He's spent the last couple months getting his poo poo together, he wouldn't risk the progress he's made for a couple laptops. My friend, also, has warrants for his arrest not relating to this crime or anything violent.

The only person harassing him is the old roommate who's threatening to tell the police of his warrants and location if he doesn't hand over The Stuff.

So what can my friend do about this? Will anything happen if the old roommate tells the police of his warrants? Is there any way to stop the harassment?

# ? Sep 19, 2014 21:33

BonerGhost: Mar 9, 2007

Aafter posted:

Could use some advice here for a friend.

He's being accused of stealing from his old roommate's business. Knowing him, he didn't do it. He's spent the last couple months getting his poo poo together, he wouldn't risk the progress he's made for a couple laptops. My friend, also, has warrants for his arrest not relating to this crime or anything violent.

The only person harassing him is the old roommate who's threatening to tell the police of his warrants and location if he doesn't hand over The Stuff.

So what can my friend do about this? Will anything happen if the old roommate tells the police of his warrants? Is there any way to stop the harassment?

Being reported to the police if he has outstanding warrants for his arrest is not harassment, even if the only reason the person is reporting him is to screw with him. "Your friend" needs to see a lawyer to fix the warrant situation. "Your friend" should also consult with a lawyer about the accused theft; there is not a damned thing anyone can do until the theft is reported to police and at that time you'll certainly want to be represented.

Worry less about trying to use the law to make someone quit loving with you and more about meeting your court dates, Jesus Christ.

# ? Sep 19, 2014 21:55

Aafter: Apr 14, 2009; A is for After.

Legitimately for a friend. But hey, thanks for the vote of confidence.

# ? Sep 19, 2014 22:34

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Aafter posted:

- The police already know about his warrants.

- It depends a bit on where you live (size of the town, attitude of police) as to whether calling the cops and telling them where "your friend" is will get them to go down there and look for your friend.

- "Harassment" of the kind you're referring to as defined by the law, generally means, "sending repeated communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another." There are also numerous other forms of harassment, and each state has a different definition. Threatening to file false criminal charges may fall under the definition of harassment in your state.

- What you're describing likely doesn't constitute "harassment" unless the calls are repeated, or there is some element to the calls that kicks the conduct up a notch.

- You can't stop your old roommate from filing a police report. If the accusations are bogus, you have to hope the cops don't believe him, or don't feel they have enough evidence to investigate. If he is willing to swear under oath that you took them, they probably will investigate.

- Take care of your warrants. They are public record, and will haunt you until you sort them out. Assuming they're FTAs, consider sitting them out, if you have 30-90 days to spare. Talk to a local criminal attorney. Your initial consultation should be free.

# ? Sep 19, 2014 23:03

arnbiguous: Feb 2, 2014; Gary’s Answer

I love the way that post slowly switches from Your Friend to You

# ? Sep 19, 2014 23:46

Aafter: Apr 14, 2009; A is for After.

Luckily for my friend, they found the guy. And now he's not worried about his warrants at all, despite my "Hey, idiot. Get it fixed." comments.

I need new friends.

# ? Sep 20, 2014 05:14

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

tehloki posted:

I love the way that post slowly switches from Your Friend to You

I didn't even notice. Apparently I tired of the formality.

# ? Sep 20, 2014 05:41

FrozenVent: May 1, 2009; The Boeing 737-200QC is the undisputed workhorse of the skies.

Brennanite posted:

Practically, I always assumed the cops would just cite both because they would have no interest in sorting out fault in that case, which seems to be the likely case. From a strictly legal case, it sounds like maybe the car making the U-turn is at fault, depending on the exact wording of the local statutes.

Fix it like they would in admiralty court: collisions are both parties' fault, it's just a question of approportionating the blame.

# ? Sep 21, 2014 23:37

Skunkduster: Jul 15, 2005

I got a notice of public hearing today because somebody wants to convert a house in my neighborhood to a duplex. Is this some strange legalese, or is the grammar of this sentence all hosed up?

"A conditional use request to change the permitted use of a single-family dwelling to a two-family dwelling/units (duplex) than allowed in an R-1 district."

# ? Sep 22, 2014 01:08

euphronius: Feb 18, 2009

It's just a variance request

# ? Sep 22, 2014 02:00

Skunkduster: Jul 15, 2005

I understand what it is. I'm just thrown off by the use of the word "than" in that sentence.

# ? Sep 22, 2014 02:15

Queen Elizatits: May 3, 2005; Haven't you heard?
MARATHONS ARE HARD

Please settle an argument friends. Is there a law that controls how much percentage a Realtor makes of a sale? For the purposes of this argument it is San Antonio Texas but if anyone has heard of a similar law anywhere I would love to know about it. I know 6% is the usual amount but is it an actual law?

# ? Sep 22, 2014 04:32

Sefer: Sep 2, 2006; Not supposed to be here today

Queen Elizatits posted:

Please settle an argument friends. Is there a law that controls how much percentage a Realtor makes of a sale? For the purposes of this argument it is San Antonio Texas but if anyone has heard of a similar law anywhere I would love to know about it. I know 6% is the usual amount but is it an actual law?

I bought a house in California a few years ago, and it was by contract; the seller determined what percentage would go to each realtor involved. The seller's realtor, as far as I know, negotiates with the seller for their percentage, while the amount going to the buyer's realtor is part of the listing, discouraging the buyer's realtor from showing the buyer homes that they wouldn't get much from. My realtor explained the latter part, and phrased it as "can we stick to looking at houses that let me get paid for the services I'm providing you?" and we did.

It's been a few years so I could be getting part of that wrong, but I'm fairly confident that this state, at least, doesn't require a particular percentage go to and realtors involved.

# ? Sep 22, 2014 05:34

MJP: Jun 17, 2007; Are you looking at me Senpai?; Grimey Drawer

A guy in California agreed to build and paint a model kit that I sent him. I am in NJ. He posted some progress, stopped posting progress, and apologized profusely when I asked for an update. This continued again for a couple of months.

I want him to send it back to me or pay me the cost of what I paid, and be done with it.

I have his mailing address.

1) Is any attempt for me to seek relief on this governed under NJ, CA, or federal law?

2) What kind of category or statute should I read up on in order to find the correct process to make a final good-faith effort via mail? (I had a landlord-tenant dispute within NJ that was basically "send certified letter, wait X weeks, then you can proceed to file against him," not sure if this is the same)

# ? Sep 22, 2014 16:12

in a well actually: Jan 26, 2011; dude, you gotta end it on the rhyme

MJP posted:

A guy in California agreed to build and paint a model kit that I sent him. I am in NJ. He posted some progress, stopped posting progress, and apologized profusely when I asked for an update. This continued again for a couple of months.

I want him to send it back to me or pay me the cost of what I paid, and be done with it.

I have his mailing address.

1) Is any attempt for me to seek relief on this governed under NJ, CA, or federal law?

2) What kind of category or statute should I read up on in order to find the correct process to make a final good-faith effort via mail? (I had a landlord-tenant dispute within NJ that was basically "send certified letter, wait X weeks, then you can proceed to file against him," not sure if this is the same)

How much did the model cost and how much have you paid him?

# ? Sep 22, 2014 16:33

the milk machine: Jul 23, 2002; lick my keys

You need an attorney if you hope to do anything but waste your own time, but unless this model kit is quite expensive, it almost definitely won't be worth the fees. Depending on the circumstances, NJ or CA law could apply. There is almost certainly no statute governing "a final good-faith effort," though you should document everything extensively.

# ? Sep 22, 2014 16:35

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

Queen Elizatits posted:

Please settle an argument friends. Is there a law that controls how much percentage a Realtor makes of a sale? For the purposes of this argument it is San Antonio Texas but if anyone has heard of a similar law anywhere I would love to know about it. I know 6% is the usual amount but is it an actual law?

Nope. Not in Texas.

# ? Sep 22, 2014 16:39

blarzgh: Apr 14, 2009; SNITCHIN' RANDY; Grimey Drawer

MJP posted:

2) What kind of category or statute should I read up on in order to find the correct process to make a final good-faith effort via mail? (I had a landlord-tenant dispute within NJ that was basically "send certified letter, wait X weeks, then you can proceed to file against him," not sure if this is the same)

Its not the same. You and he had a contract. You're contending he has breached that contract by failing to complete the service in a timely manner, or by making it reasonably clear that he does not intend to complete the service, either in a timely manner or at all.

California Law (where the contract is to be performed) is most likely to apply to your situation.

Please tell me the model was built in Louisiana, to complete the trifecta of lovely-state laws.

also,

PCjr sidecar posted:

How much did the model cost and how much have you paid him?

# ? Sep 22, 2014 16:44

MJP: Jun 17, 2007; Are you looking at me Senpai?; Grimey Drawer

blarzgh posted:

Its not the same. You and he had a contract. You're contending he has breached that contract by failing to complete the service in a timely manner, or by making it reasonably clear that he does not intend to complete the service, either in a timely manner or at all.

California Law (where the contract is to be performed) is most likely to apply to your situation.

It's not worth enough for me to hire an attorney.

Guy's a Marine, so if he doesn't respond after %CA process for final good-faith notification here% I'll call his CO and ask him if he could intercede. If the CO can't do it, I'll call Camp Pendleton JAG. If nothing happens then, I'll write it off, but those options are free and thus worth trying.

The model itself cost around $50 for me to buy and ship. For his time and in lieu of the cost of return shipping - I figured it'd be a very large, well padded box - I gave him another model kit that I had started and didn't see myself completing. That one was around $40 for me to buy and ship to him along with the one I already bought.

I'd also agreed to cover the cost of supplies, which I intend to honor for what he's done so far. I just want him to send it back, I don't trust him to commit to anything other than that right now.

Yeah, all I'm really doing is more or less trying to scare him. I just hope that I can get the kit in progress back so someone who's got better skills than me can build/paint what's left.

# ? Sep 22, 2014 16:50

spog: Aug 7, 2004; It's your own bloody fault.

MJP posted:

It's not worth enough for me to hire an attorney.

Guy's a Marine, so if he doesn't respond after %CA process for final good-faith notification here% I'll call his CO and ask him if he could intercede. If the CO can't do it, I'll call Camp Pendleton JAG. If nothing happens then, I'll write it off, but those options are free and thus worth trying.

The model itself cost around $50 for me to buy and ship. For his time and in lieu of the cost of return shipping - I figured it'd be a very large, well padded box - I gave him another model kit that I had started and didn't see myself completing. That one was around $40 for me to buy and ship to him along with the one I already bought.

I'd also agreed to cover the cost of supplies, which I intend to honor for what he's done so far. I just want him to send it back, I don't trust him to commit to anything other than that right now.

Yeah, all I'm really doing is more or less trying to scare him. I just hope that I can get the kit in progress back so someone who's got better skills than me can build/paint what's left.

Is your time really worth $90?

# ? Sep 22, 2014 17:38

MJP: Jun 17, 2007; Are you looking at me Senpai?; Grimey Drawer

spog posted:

Is your time really worth $90?

Let me rephrase that: "If nothing happens then, I'll write it off, but those options are free to try during downtime at work."

If nothing happens, I gotta order another from Japan and then find a more reliable builder/painter, so my costs will stack up a bit. If I get it back, awesome. If not, I can live without this thing, worst-case scenario.

# ? Sep 22, 2014 20:56