Register a SA Forums Account here!
JOINING THE SA FORUMS WILL REMOVE THIS BIG AD, THE ANNOYING UNDERLINED ADS, AND STUPID INTERSTITIAL ADS!!!

You can: log in, read the tech support FAQ, or request your lost password. This dumb message (and those ads) will appear on every screen until you register! Get rid of this crap by registering your own SA Forums Account and joining roughly 150,000 Goons, for the one-time price of $9.95! We charge money because it costs us money per month for bills, and since we don't believe in showing ads to our users, we try to make the money back through forum registrations.
 
  • Post
  • Reply
mercenarynuker
Sep 10, 2008

A few years ago I went to a restaurant in Georgia that had super lovely service time. We ordered beer and wine, and at the end of the meal when we looked at our bill, we realized that those weren't on it, we asked, and they just said something to the effect of "oh, it's comped". Cool, we said, service did kind of suck. So we gave it another go later in the week, service was better, but same thing with the booze. Our last night there, we went to a different restaurant and were speaking to one of the staff about our experience. They mentioned that the first restaurant didn't have a booze license yet, which threw the comped drinks into a whole different light. Obviously giving away free booze is loving terrible for business profits, but is it also a license violation of some sort?

Adbot
ADBOT LOVES YOU

Hoshi
Jan 20, 2013

:wrongcity:
Only if someone tattles

owlhawk911
Nov 8, 2019

come chill with me, in byob

i get kinda mad even imagining the trash person who snitches on someone for giving them free booze

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Bodrick posted:

If Rudy Giuliani had believed Maria Bakalova to be 15 (even though she was 24), and still actually had sexual contact with her, would he have committed a crime? It's obviously sleazy AF, and I'm fairly sure it would be statutory rape if the ages were reversed, but it seems like it possibly wouldn't be illegal if they both consented, since they were both legal age (even if he didn't think she was).

Dunno NYS law but most states make this stuff strict liability so "I didn't know she was 15" isn't a defense. Conversely this would likely make "she was 24" an absolute defense.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

nm posted:

Dunno NYS law but most states make this stuff strict liability so "I didn't know she was 15" isn't a defense. Conversely this would likely make "she was 24" an absolute defense.

Yeah, but law school question: is impossibility a defense to the crime of attempt?

Anonymous Zebra
Oct 21, 2005
Blending in like it ain't no thang
I guess I'm also curious if those dudes on To Catch a Predator ever actually get charged or convicted of anything beyond being embarrassed on TV, since those shows use adult women posing as underage victims.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Anonymous Zebra posted:

I guess I'm also curious if those dudes on To Catch a Predator ever actually get charged or convicted of anything beyond being embarrassed on TV, since those shows use adult women posing as underage victims.

Seriously some of the best television ever made!

Alchenar
Apr 9, 2008

blarzgh posted:

Yeah, but law school question: is impossibility a defense to the crime of attempt?

Q: Steve sexually touches the voodoo doll he has made of Shirley, believing her to be 14 when actually

Bad Munki
Nov 4, 2008

We're all mad here.


Alchenar posted:

Q: Steve sexually touches the voodoo doll he has made of Shirley, believing her to be 14 when actually

Well how old is the doll, and did it consent?

Nice piece of fish
Jan 29, 2008

Ultra Carp

blarzgh posted:

Yeah, but law school question: is impossibility a defense to the crime of attempt?

Norway: No.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Alchenar posted:

Q: Steve sexually touches the voodoo doll he has made of Shirley, believing her to be 14 when actually

Not impossible attempt, because it's not attempt.

Devor
Nov 30, 2004
Lurking more.
Is it possible to commit assault with a voodoo doll? Using it for voodoo known to the victim, not a blunt weapon

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:
Getting dangerously close to charging someone with witchcraft here.

Dead Reckoning
Sep 13, 2011

Alchenar posted:

Q: Steve sexually touches the voodoo doll he has made of Shirley, believing her to be 14 when actually
"Following a complete collapse of the distinction between the signified and signifier, which of the following sensory experiences and thought patterns constitute non-consensual contact perpetrated by the person experiencing them?"

Eminent Domain
Sep 23, 2007



Outrail posted:

Getting dangerously close to charging someone with witchcraft here.

Eminent Domain posted:

I've definitely had clients be able to get restraining orders on abusers who made threats of putting spells on them and poo poo. It was part of an overall pattern of harassment however.

I think the clincher in that case was the opposing party starting to chant and make hand motions in court, of course.

Haven't had a repeat yet, but I remain hopeful

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:
Show me on the doll where... Ohhhh nice try Esmeralda!

Devor
Nov 30, 2004
Lurking more.
Is a victim's fear of harm in an assault case required to be reasonable?

If the defendant intends to commit an action that would NOT cause a reasonable person to fear that they will suffer physical harm, but the victim DOES apprehend that fear, and the defendant DOES intend to create that fear, is it assault?

Dead Reckoning
Sep 13, 2011

Devor posted:

Is a victim's fear of harm in an assault case required to be reasonable?

If the defendant intends to commit an action that would NOT cause a reasonable person to fear that they will suffer physical harm, but the victim DOES apprehend that fear, and the defendant DOES intend to create that fear, is it assault?
I believe that this post implies the author intends to cause me imminent bodily harm. Take him away, officers.

More seriously, what is your example of an action where a reasonable person doing it would not believe that it would put someone in fear of imminent bodily injury, but a reasonable person having the same action done to/at/near them would believe that they were under imminent threat?

E: Or do you mean something like "Alice knows Bob believes that being within five feet of a willow branch will cause him to instantly die. Does Alice commit assault if she chases Bob with a willow branch?"

Dead Reckoning fucked around with this message at 03:18 on Oct 28, 2020

Devor
Nov 30, 2004
Lurking more.

Dead Reckoning posted:

I believe that this post implies the author intends to cause me imminent bodily harm. Take him away, officers.

More seriously, what is your example of an action where a reasonable person doing it would not believe that it would put someone in fear of imminent bodily injury, but a reasonable person having the same action done to/at/near them would believe that they were under imminent threat?

E: Or do you mean something like "Alice knows Bob believes that being within five feet of a willow branch will cause him to instantly die. Does Alice commit assault if she chases Bob with a willow branch?"

Voodoo, e.g. I am cursing you with a voodoo doll which I say has your hair in it and stabbing it with needles

I believe in Voodoo, and I know that you believe in Voodoo.

Alchenar
Apr 9, 2008

Devor posted:

Voodoo, e.g. I am cursing you with a voodoo doll which I say has your hair in it and stabbing it with needles

I believe in Voodoo, and I know that you believe in Voodoo.

You probably just end up with a charge of criminal harassment because 'a course of conduct intended to disturb, harass etc the victim' is easy to prove there and doesn't require the jury to consider their conception of reality. Voodoo is no different to being threatened with a curse or an exorcism or whatever.

Nice piece of fish
Jan 29, 2008

Ultra Carp
Feel like we've had this conversation about two years and one month ago.

Nice piece of fish
Jan 29, 2008

Ultra Carp

Devor posted:

Voodoo, e.g. I am cursing you with a voodoo doll which I say has your hair in it and stabbing it with needles

I believe in Voodoo, and I know that you believe in Voodoo.

If applicable, possibly impossible attempt, unless a doctrine of absurd threats applies.

Bad Munki
Nov 4, 2008

We're all mad here.


Nice piece of fish posted:

Feel like we've had this conversation about two years and one month ago.

Spoooooooky

They say every year as Halloween approaches, a cursed topic rises from the grave, haunting the legal questions thread once again, creating joinder and commandeering the vessel that is the court

Nice piece of fish
Jan 29, 2008

Ultra Carp

Bad Munki posted:

Spoooooooky

They say every year as Halloween approaches, a cursed topic rises from the grave, haunting the legal questions thread once again, creating joinder and commandeering the vessel that is the court

If the court is a vessel then blarzgh is the cabin boy







E: at best the coxswain

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.
Do I create joinder with the thread by reading it or posting in it?

HisMajestyBOB
Oct 21, 2010


College Slice

pseudanonymous posted:

Do I create joinder with the thread by reading it or posting in it?

Does your monitor have a gold fringe?

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:

Bad Munki posted:

Spoooooooky

They say every year as Halloween approaches, a cursed topic rises from the grave, haunting the legal questions thread once again, creating joinder and commandeering the vessel that is the court

Did we ever get a ruling on pizza's status as an open faced sandwich?

Soylent Pudding
Jun 22, 2007

We've got people!


Outrail posted:

Did we ever get a ruling on pizza's status as an open faced sandwich?

Not a problem if you fold your slice to eat it

pentyne
Nov 7, 2012

Soylent Pudding posted:

Not a problem if you fold your slice to eat it

Doesn't that just make it harder to cut with a knife?

Bad Munki
Nov 4, 2008

We're all mad here.


pentyne posted:

Doesn't that just make it harder to cut with a knife?

Lock this man up

Soricidus
Oct 21, 2010
freedom-hating statist shill
Plus canned pineapple rings don’t fold very well

Bad Munki
Nov 4, 2008

We're all mad here.


e: wrong thread

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Anonymous Zebra posted:

I guess I'm also curious if those dudes on To Catch a Predator ever actually get charged or convicted of anything beyond being embarrassed on TV, since those shows use adult women posing as underage victims.

Yes. I had a former HS friend get caught on this. He's now a successful architect.
I think he got probation, a felony, and a sex registration.
Otoh, those car theft shows have a ton of issues getting convictions.

a mysterious cloak
Apr 5, 2003

Leave me alone, dad, I'm with my friends!


Here's a dumb question: In the US, after I die, is there any way for my family to retain my skull for enshrinement/ossuary use/painting?

Outrail
Jan 4, 2009

www.sapphicrobotica.com
:roboluv: :love: :roboluv:

a mysterious cloak posted:

Here's a dumb question: In the US, after I die, is there any way for my family to retain my skull for enshrinement/ossuary use/painting?

If your family is the sort of family that would do that I doubt they're the sort of family that cares about legalities.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

a mysterious cloak posted:

Here's a dumb question: In the US, after I die, is there any way for my family to retain my skull for enshrinement/ossuary use/painting?

I'm pretty sure, yeah. You could write it in your will, and pre-arrange for such a transaction with the mortuary that you intend to go to, but

1) If your family refuses to partake in this ritual, you cannot legally compel them from beyond the grave.
2) If the mortuary refuses to accept the transaction, there is nothing you can do to legally compel them.

I don't think it would fall under the "mutilation of a corpse" statute (criminal) since that requires a lack of legal authority.

pseudanonymous
Aug 30, 2008

When you make the second entry and the debits and credits balance, and you blow them to hell.

blarzgh posted:

I'm pretty sure, yeah. You could write it in your will, and pre-arrange for such a transaction with the mortuary that you intend to go to, but

1) If your family refuses to partake in this ritual, you cannot legally compel them from beyond the grave.
2) If the mortuary refuses to accept the transaction, there is nothing you can do to legally compel them.

I don't think it would fall under the "mutilation of a corpse" statute (criminal) since that requires a lack of legal authority.

Couldn't you like set aside some money and hire an attorney and try to constantly compel your heirs to take your skull, I mean like literally haunt people.

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

pseudanonymous posted:

Couldn't you like set aside some money and hire an attorney and try to constantly compel your heirs to take your skull, I mean like literally haunt people.

You'd have to pay the lawyer in advance of your death, but sure!

Nonexistence
Jan 6, 2014
You could condition their inheritance on acceptance of the skull, which might be totally unenforceable but it'd take them years of anguish and litigation to fight it so either way you get to poltergeist. Probably news coverage too.

Adbot
ADBOT LOVES YOU

blarzgh
Apr 14, 2009

SNITCHIN' RANDY
Grimey Drawer

Nonexistence posted:

You could condition their inheritance on acceptance of the skull, which might be totally unenforceable but it'd take them years of anguish and litigation to fight it so either way you get to poltergeist. Probably news coverage too.

Conditional bequests are not super-strictly enforced; they can't be illegal, unreasonable, or against public policy.

Additionally, the issue with the bequest in this case is, "My Whole Family has to paint the skull" so if you made your bequest conditional on the skull painting, the whole family could get together and just ignore the will and divvy the poo poo up however they want, or all agree not to enforce that condition.

A will is a document that gives beneficiaries the right to sue to enforce the distribution of assets in a certain way. Families can just Not Probate the Will if they want and agree.

So if you put every potential beneficiary under the will in the same boat, they can all decide to paddle in the same direction: away from Skull Island.

  • 1
  • 2
  • 3
  • 4
  • 5
  • Post
  • Reply