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I'm going to allow it but I will give it its due weight/consideration.
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Feb 12, 2021 02:54
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Yes, the hypothetical is what the guy earlier in this thread wanted to happen - he isn't there because cross-examining him is pointless, and his statement would just get tendered into evidence without him. I'm interested that you guys consider it hearsay, because I don't think we would over here. I can see how it's analogous though!
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Feb 12, 2021 03:29
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Organza Quiz posted:Yes, the hypothetical is what the guy earlier in this thread wanted to happen - he isn't there because cross-examining him is pointless, and his statement would just get tendered into evidence without him. I'm interested that you guys consider it hearsay, because I don't think we would over here. I can see how it's analogous though! You can waive evidentiary rules by consent so if one side wants to introduce hearsay and the other doesn’t object, then it gets in. And if there was no reason for you to object besides being a dick the judge will be annoyed at you for wasting everyone’s time.
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Feb 12, 2021 03:34
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Captain von Trapp posted:I'm curious about the other silly legal issue: someone tries to murder someone else but the victim survives in a coma. Bad guy is tried for attempted murder and found not guilty. Victim later dies. More evidence arises. Bad guy then prosecuted again for murder. Double jeopardy? Beats me, I'm not actually a lawyer. I heard of something a year or two ago where somebody was charged with murder decades after the incident where it was determined that the victim's death was a result of the actions of the guy being charged. Not sure if it was precluded by an attempted murder trial. Also not a lawyer.
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Feb 12, 2021 04:06
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Captain von Trapp posted:I'm curious about the other silly legal issue: someone tries to murder someone else but the victim survives in a coma. Bad guy is tried for attempted murder and found not guilty. Victim later dies. More evidence arises. Bad guy then prosecuted again for murder. Double jeopardy? Beats me, I'm not actually a lawyer. yeah double jeopardy probably applies, if you've been acquitted of a lesser included offense (attempt murder) you cannot be charged with a greater offense (murder) from the same facts, since it would be allowing the prosecution to take another swing at convicting you of the exact thing you've already been acquitted of. this is blockburger eke out fucked around with this message at 04:29 on Feb 12, 2021 |
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Feb 12, 2021 04:24
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Austen Tassletine posted:I choose to believe that the op is in Disney's army of lawyers and is posting here to get advice for that very situation.
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Feb 12, 2021 06:09
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Foxfire_ posted:Was from the apartment lease stuff and aiming towards whether you could write an apartment lease for joint and severally liable tenants where one tenant could renew over the other's objections and keep the other tenants still liable by framing the renewal as exercising an option in the original contract instead of making a new one (if the local rent law didn't do something to shut that down). To my knowledge any member of a joint residential rental agreement can unilaterally terminate the lease. I think this is hard baked in and the right to do so can't be signed away the same way you can't sign away certain rights as an employee. A law knower might want to refute that though.
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Feb 12, 2021 16:44
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SkunkDuster posted:I heard of something a year or two ago where somebody was charged with murder decades after the incident where it was determined that the victim's death was a result of the actions of the guy being charged. Not sure if it was precluded by an attempted murder trial. Also not a lawyer. Yeah I read about a case where a guy shook a baby but the baby survived with traumatic brain injuries. Then when the kid died from those injuries about five years later they went back and charged him with murder. The main difference is that he was successfully convicted of the first assault, so it was easy to convict him for the murder, also it took place in the UK where they can take as many bites of the apple as they want, because the apples all belong to the king or something.
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Feb 12, 2021 17:28
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Leperflesh posted:I like to think of it as the XZibit Exhibit. or if you listen to xzibit talk about that show what he mostly says is "I didn't say 'put a ugly rear end chandelier in that ride' that was some moron running the show, i just showed up for a day, filmed a bunch of lines, and got paid"
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Feb 12, 2021 17:37
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In my experience, depositions are entered without further testimony pretty regularly so long as both attorneys were present at the deposition and given opportunity to depose. Most of my practice has been in county/circuit courts in rural East Tennessee.
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Feb 12, 2021 17:43
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sullat posted:because the apples all belong to the king or something If we had a british law thread this would be a good title
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Feb 12, 2021 17:55
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Foxfire_ posted:Was from the apartment lease stuff and aiming towards whether you could write an apartment lease for joint and severally liable tenants where one tenant could renew over the other's objections and keep the other tenants still liable by framing the renewal as exercising an option in the original contract instead of making a new one (if the local rent law didn't do something to shut that down). You could write that, you could probably get it enforced if you can show that the other parties to the agreement actually knew what they were doing, there’s was proper bargained for consideration, maybe counsel for all parties involved, etc to avoid a judge going “that contract is stupid and predatory so I’m not going to enforce it” It’d probably be hard in a residential apartment lease where one would assume you are not dealing with the most sophisticated parties All depends on the contract and the facts surrounding it Outrail posted:To my knowledge any member of a joint residential rental agreement can unilaterally terminate the lease. I think this is hard baked in and the right to do so can't be signed away the same way you can't sign away certain rights as an employee. A law knower might want to refute that though. Way too many factors to consider this universal or hard baked or whatever
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Feb 12, 2021 18:21
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Hi posted:Wow thats just insulting Make them cut you a check. A week later, call the firm, saying you lost the check, and ask them to re-issue it and send it via mail. Two weeks after that, call and say you never received the check. Repeat until you feel like you've wasted a reasonable witness fee's worth of their time. Be aware that every time they cancel the check, it's probably going to cost them more than the amount of the check. IANAL.
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Feb 13, 2021 00:50
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Thanatosian posted:Make them cut you a check. A week later, call the firm, saying you lost the check, and ask them to re-issue it and send it via mail. Two weeks after that, call and say you never received the check. Repeat until you feel like you've wasted a reasonable witness fee's worth of their time. Be aware that every time they cancel the check, it's probably going to cost them more than the amount of the check. I'm definitely filing that away for a spiteful day.
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Feb 13, 2021 01:53
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Thanatosian posted:Make them cut you a check. A week later, call the firm, saying you lost the check, and ask them to re-issue it and send it via mail. Two weeks after that, call and say you never received the check. Repeat until you feel like you've wasted a reasonable witness fee's worth of their time. Be aware that every time they cancel the check, it's probably going to cost them more than the amount of the check. The check will be delivered with the subpoena and someone will sign a document under penalty of perjury you got it. Because if you don’t get the check you can just not show, usually.
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Feb 13, 2021 03:36
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BonerGhost posted:I'm definitely filing that away for a spiteful day. They're mostly sent by automated systems, it would probably cost more to not send it out.
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Feb 13, 2021 06:02
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I've seen subpoenas to testify served with cash. thought that was a dumb decision on the part of the party issuing the subpoena
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Feb 16, 2021 16:14
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I rent an apartment and I have had no water since Sunday. It’s now been coming on 3 full days with no water. I would really like to get my rent prorated at least for these days since my house is not currently “habitable”, but my landlord is not hip on the idea and just keeps saying “it is very cold...hopefully it will get warm soon...” I have a good relationship with him and I don’t want to be a dick. Is this a reasonable thing to demand? Do I have legal backing?
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Feb 17, 2021 17:49
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EwokEntourage posted:
Yeah, I meant hard baked into the act in my province. Hard baked is a pretty odd term and googling it just comes up recipes for hard boiled eggs.
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Feb 17, 2021 18:02
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Yorkshire Pudding posted:I rent an apartment and I have had no water since Sunday. It’s now been coming on 3 full days with no water. I would really like to get my rent prorated at least for these days since my house is not currently “habitable”, but my landlord is not hip on the idea and just keeps saying “it is very cold...hopefully it will get warm soon...” If it's specifically due to natural disaster I'm not sure you'll have a lot of luck. Otherwise it's complicated and depends on local law.
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Feb 17, 2021 18:07
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Captain von Trapp posted:If it's specifically due to natural disaster I'm not sure you'll have a lot of luck. Otherwise it's complicated and depends on local law. Is cold weather a natural disaster? I guess you could argue that it has been unusually cold, but there’s no blizzard or anything, just cold for an extended period. Not sure if it matters, but my neighbors (only other tenants in the building) have running water, but I don’t.
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Feb 17, 2021 18:41
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Yorkshire Pudding posted:Is cold weather a natural disaster? That depends on a lot of things. Like if a disaster declaration has been made by your city/county/state. This is contract law, not logic or even feelings of right and wrong. You can very well end up in a situation where you "win" and still lose. Any time you're going after something petty like this in order to be punitive to someone who has more power than you do, especially directly over you and where you live, you will almost certainly lose by winning if you even win. Motronic fucked around with this message at 18:50 on Feb 17, 2021 |
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Feb 17, 2021 18:47
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That aspect of landlord tenant law is probably not contract law but LT law with its ancient covenants and warranties As mentioned it’s probably statutory (using those new things called ordinances) at this point as well euphronius fucked around with this message at 18:54 on Feb 17, 2021 |
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Feb 17, 2021 18:52
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euphronius posted:That aspect of landlord tenant law is probably not contract law but LT law with its ancient covenants and warranties Yeah, you're right of course...wasn't really thinking there. The rest of my post stands in regards to winning/losing.
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Feb 17, 2021 18:56
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It’s probably not worth going to war over, but my landlord just begged me to stay when I was going to move out because I wanted to get a dog and he wouldn’t allow it. Honestly I may just leave anyway, this apartment is pretty lovely and I for the price point I know he doesn’t want to try and find someone else considering I pay rent on time and never cause any problems.
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Feb 17, 2021 18:59
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Hi, thread. A friend of mine has family court stuff going on in the jurisdiction of Kansas. Her lawyer has retired, and attempted to provide her a referral, but none of those lawyers want to take the case because she's low-income and slowly being crushed under this case's legal debt. Kansas Legal Services refused to provide aid because she currently lives in a different state, and the Kansas Bar Association's referral service told her that they wouldn't even contact anyone if she couldn't afford the $1500 up-front retainer, which she can't. What are her other options, if any, for low-income legal representation in the state of Kansas if she is not currently a resident thereof?
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Feb 17, 2021 19:48
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If it’s a divorce should could get emergency support for her legal bills In pa you can at least
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Feb 17, 2021 19:49
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Real talk, my Mom is looking to plan for her end-of-life care and is asking about how to best place her money so it can be used for medical bills, etc. This seems like a cross between financial advice but also legal advice. What sort of law specialty should she be looking for?
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Feb 18, 2021 02:22
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null_pointer posted:Real talk, my Mom is looking to plan for her end-of-life care and is asking about how to best place her money so it can be used for medical bills, etc. This seems like a cross between financial advice but also legal advice. What sort of law specialty should she be looking for? It seems like she should want to put her assets somewhere they cant be used to pay for medical bills, given how completely hosed our system is. If she dies with $1,500,000 in debt or $200,000 in debt or $5,000 it doesn't matter, she doesn't have to pay any of it.
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Feb 18, 2021 04:29
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pseudanonymous posted:It seems like she should want to put her assets somewhere they cant be used to pay for medical bills, given how completely hosed our system is. If she dies with $1,500,000 in debt or $200,000 in debt or $5,000 it doesn't matter, she doesn't have to pay any of it. This is bad financial advice
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Feb 18, 2021 04:38
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This is part of estate planning, ask your local bar referral service for an attorney who does that.
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Feb 18, 2021 05:50
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Volkova III posted:Hi, thread. A friend of mine has family court stuff going on in the jurisdiction of Kansas. Her lawyer has retired, and attempted to provide her a referral, but none of those lawyers want to take the case because she's low-income and slowly being crushed under this case's legal debt. Kansas Legal Services refused to provide aid because she currently lives in a different state, and the Kansas Bar Association's referral service told her that they wouldn't even contact anyone if she couldn't afford the $1500 up-front retainer, which she can't. https://washburnlaw.edu/practicalexperience/familylaw/clinic.html of UK law school but their clinic seemed more limited
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Feb 18, 2021 07:20
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Hello Thread, I've been accused of academic dishonesty. Specifically, a teacher is claiming that someone submitted a copy of a paper I wrote. This is both not true, and impossible. No one had access to the computer the paper was on, and the file has never been accessed by anyone but myself and the teacher. I did not speak about the paper, or discuss it with anyone, or post writing samples online, or anything remotely similar. She says she does not have to identify the other student involved, nor show me the supposedly identical/copied report, nor provide any other information/documentation. I have to go to a hearing on Monday, but I have no idea how to proceed. She hasn't given me any information, only made nebulous accusations, so I have no idea how to defend myself.
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Feb 19, 2021 16:46
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GreenMetalSun posted:Hello Thread, Can you even bring a lawyer? most of the time they dont let you
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Feb 19, 2021 16:51
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euphronius posted:Can you even bring a lawyer? most of the time they dont let you I mean, even if I could, I don't think I can get one by Monday.
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Feb 19, 2021 16:52
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Was the computer a laptop that you can bring with you? Do you have any notes files or other drafting documents you can bring? Or paper notes? Anything to show your thought process and the work that went into the paper?
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Feb 19, 2021 16:58
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Arcturas posted:Was the computer a laptop that you can bring with you? Do you have any notes files or other drafting documents you can bring? Or paper notes? Anything to show your thought process and the work that went into the paper? I mean, yeah. I have all that stuff. The accusation appears to be that another student copied my report and submitted an identical one, which I honestly can't believe is possible. Basically, that she believes I wrote the initial paper, then shared it with someone else.
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Feb 19, 2021 17:06
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A lot of the same practical rules apply as with innocent people dealing with the real legal system: don't admit anything, don't sign anything, don't bargain, don't take a deal. Look up your school's formal written policy for these procedures. Read it carefully. Post it here if you're comfortable doing so. Refuse to do anything - or allow them to do anything - that violates the letter of the policy.
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Feb 19, 2021 17:09
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Captain von Trapp posted:A lot of the same practical rules apply as with innocent people dealing with the real legal system: don't admit anything, don't sign anything, don't bargain, don't take a deal. Look up your school's formal written policy for these procedures. Read it carefully. Post it here if you're comfortable doing so. Refuse to do anything - or allow them to do anything - that violates the letter of the policy. Yeah, I emailed the teacher for information, which was, 'What exactly are you accusing me of?' and 'Can you provide me with documentation of what you're accusing me of'? She said she didn't have to, so I thought it was best to clam up.
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Feb 19, 2021 17:13
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null_pointer posted:Real talk, my Mom is looking to plan for her end-of-life care and is asking about how to best place her money so it can be used for medical bills, etc. This seems like a cross between financial advice but also legal advice. What sort of law specialty should she be looking for? She wants to talk to an elder law attorney. The goal should be to get all the assets given away or handed off or walled off so that Medicare and Medicaid can bear the end of life care costs without destroying her principal.
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Feb 19, 2021 17:20
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