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Foxfire_ posted:Can Scooby-Doo testify in court or is his testimony inadmissible despite otherwise having speech and human-level intelligence? You could offer his statement as non testimonial evidence, like a parent that could talk, or photograph of a dog with forensic evidence on it, and then you would have to have a hearing on whether or not it was testimony versus non-testimony, and the crux of that hearing would be whether or not Scooby-Doo could be cross-examined
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Mar 5, 2021 01:16
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EwokEntourage posted:my male cat has a chronic urinary tract problem that might require intensive surgery if he gets backed up again, and keeping him indoors all the time is actually detrimental to his health what? No, he needs to eat lots of wet food, what would going outside do for his urinary tract? Do you just mean he needs more exercise? You can exercise a cat indoors.
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Mar 5, 2021 01:24
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Regarding this news story from a few years ago:quote:An 18-year-old Florida man who was badly beaten by the father of the child he is accused of molesting was sentenced to 25 years in prison Thursday. Morally, I completely agree with the father not being charged. I'm curious about the legal reasoning. Clearly it was a severe assault which could have been charged but I'm guessing he didn't get charged either because either the DA didn't feel it was morally wrong, he acted in defense of his son, or, there is no way a jury would convict. What do you think the reasoning was? Would it be different if the father had beat him to death?
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Mar 5, 2021 02:34
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SkunkDuster posted:Regarding this news story from a few years ago: It's Florida.
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Mar 5, 2021 02:40
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Also, prosecutors are not required to charge anything. They can decide not to for pretty much any reason and the only people they are accountable to are their bosses. So they don’t need a legal justification to not charge someone.
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Mar 5, 2021 03:12
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Florida’s stand your ground laws provide immunity from civil and criminal prosecution. In this case, the father is in his home and the guy molesting his kid was in the act of committing a forcible felony. The requirements under the statute are met, and police are directed to not even arrest in such circumstances. The father could have killed the molester and would have faced zero charges.
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Mar 5, 2021 03:34
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quote:After the hearing, the father was short with reporters outside the courtroom. drat
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Mar 5, 2021 15:21
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yeah florida SYG is set up such that you will never be charged in that scenario, it's not a defense you have to assert (the State would have to show clear and convincing evidence that your claim to immunity is not valid in a pretrial hearing and they can't even arrest without PC that your conduct wasn't lawful under stand your ground)
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Mar 5, 2021 15:38
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Also, I'd like to note, that SYG immunity applies to bystanders injured by your actions as well. Had the jackass that pulled a gun on me at the protest last summer killed me, he would not have been charged, and my family would have had no civil recourse against him. e: missed a space between me and at. Mr. Nice! fucked around with this message at 16:43 on Mar 5, 2021 |
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Mar 5, 2021 16:01
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Mr. Nice! posted:... pulled a gun on meat ...   Edit: on topic, is discharging a firearm to slaughter a cow legal? Can I do this in my backyard? At a protest?
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Mar 5, 2021 16:31
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null_pointer posted:
drat missed space! Slaughtering rules for your backyard are going to be jurisdiction specific.
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Mar 5, 2021 16:44
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Mr. Nice! posted:Also, I'd like to note, that SYG immunity applies to bystanders injured by your actions as well. Had the jackass that pulled a gun on me at the protest last summer killed me, he would not have been charged, and my family would have had no civil recourse against him. That's a weird law. Was it his ground?
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Mar 5, 2021 18:41
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We're trying to figure out if we are obligated to pay two months' rent as a penalty fee for breaking our lease early. We alerted our manager in February that we would be vacating on March 31st, instead of June 1st (the day the lease ends). The manager has someone to take over the lease on April 9th. The contract says this: "If early termination of this lease occurs, the lessee is responsible for the remainder balance of the lease or until the unit is re-rented, which ever occurs first. The lessee may also be responsible for re-rental costs such as but not limited to advertising and commissions. A good estimate of the re-rental costs are a minimum of two (2) month's rent." Our reading is that we are only obligated to pay two months' rent if no one is there to move in until June 1st, and that we are only obligated to pay fees for advertising the place and showing it (which the manager would have to prove) and rent on the place til it's rented by someone else, which is prorated rent from April 1 - April 8. Our manager's reading is that it "implies" that we are obligated to pay two months' rent as a penalty for breaking the lease early. They are insisting on this, even after I pointed out the language of the contract. Are we going crazy? Are we reading this wrong?
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Mar 5, 2021 19:12
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Nice piece of fish posted:That's a weird law. Was it his ground? The state attorney said it was "mutual combat" and since the guy fell down to the ground and had people kicking him, he was justified in using force.
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Mar 5, 2021 19:19
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Dynastocles posted:We're trying to figure out if we are obligated to pay two months' rent as a penalty fee for breaking our lease early. How the phrase, "may also be responsible for" would be interpreted will be a product of the local law of your jurisdiction, and the statutory and precedential status of certain kinds of damages, and if there is a local tenant's rights group or legal aid that y'all qualify for, you might be able to get an answer without paying an attorney for a legal opinion on how that contract would be interpreted and enforced.
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Mar 5, 2021 19:23
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Dynastocles posted:We're trying to figure out if we are obligated to pay two months' rent as a penalty fee for breaking our lease early. I am not a lawyer and I probably don't live in the same place as you, but for what little it is worth, I was in basically the same situation and paid what you said (i.e. the pro rated rent from the time I moved out until the time the new tenants moved in. I also would have had to pay for advertising, but they just listed it on craigslist and so they didn't charge me anything for it (I'm not in an area where rental agents are much of a thing, so no commissions were required). ) Again, I'm not a lawyer, but if you wanted to push on it, you could write a certified letter asking for them to enumerate the costs they accrued. If they're an rear end in a top hat, they can probably come up with some stuff, but I've had good luck with a professionally written certified letter to get past landlords to drop BS stuff like that. The downside is you are picking a fight over what might not be that much money, but that's for you to decide.
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Mar 5, 2021 19:37
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Leperflesh posted:what? Sorry, are you one of the several vets we have talked to about this matter? Did you prescribe him special vet-approved food, physically inspect him, and make recommendations on his care based on blood work, imaging, his medical history, and your veterinarian degree and license? Have I fully described the range of symptoms and causes that led to this determination? my cats get better healthcare than most americans but yet people feel qualified to tell me how to care for him based on a one line on a forum this is why professionals like lawyers and doctors make fun of people seeking their advice as soon they leave the room
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Mar 5, 2021 20:06
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euphronius posted:If someone tells you to burn down a house and gives you instructions and you do it they are liable for many crimes. Conspiracy to . . . Voluntarily destroy your own property? I mean if it's in city limits there are probably laws on open fires Clean air act violations? Edit: nevermind answered further down Hieronymous Alloy fucked around with this message at 20:22 on Mar 5, 2021 |
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Mar 5, 2021 20:19
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Dynastocles posted:We alerted our manager in February that we would be vacating on March 31st, instead of June 1st (the day the lease ends). The manager has someone to take over the lease on April 9th. The contract says this: It is possible the landlord started advertising the apartment when you gave notice and there would be fees associated with that.
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Mar 5, 2021 20:27
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EwokEntourage posted:Sorry, are you one of the several vets we have talked to about this matter? Did you prescribe him special vet-approved food, physically inspect him, and make recommendations on his care based on blood work, imaging, his medical history, and your veterinarian degree and license? Have I fully described the range of symptoms and causes that led to this determination? Sorry, "my cat has had UTI so he has to go outside" is absurd on its face. Perhaps if you had mentioned his actual diagnosis, symptoms, the multiple vets, the prescription food, etc, that recommendation might have made a little more sense, although it still doesn't, because you are very very obviously leaving out some critical fact or another. So if you feel like engaging in good faith, maybe you could bother to explain why, exactly, your veterenarians think being indoors is so bad for his renal system. Or don't, since this is obviously a derail for the legal questions thread, up to you.
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Mar 5, 2021 21:27
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EwokEntourage posted:Sorry, are you one of the several vets we have talked to about this matter? Yes.
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Mar 5, 2021 21:42
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Like I can already anticipate the real answer: it's "our cat has gone outside all day every day his whole life, so now, forcing him to be indoors 100% would be stressful, and stress is bad for cats with illnesses, including urinary tract illnesses, so we have to keep letting him do what he wants to do" and that is totally different from "our indoor cat now has to be let outside because somehow, being on the other side of a door will treat his disease"
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Mar 5, 2021 21:50
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No cat poo poo in the lawyer thread, I’m not a cat, judge
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Mar 5, 2021 22:05
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EwokEntourage posted:Sorry, are you Also yes.
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Mar 5, 2021 22:37
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Whether or not the cat is required to be outside for it's health is complicated fact to determine. Generally we rely on the testimony of experts such as a veterinarian or someone who knows the cat. When I was an ALJ medical issues were by far the hardest. Is it medically necessary for a woman to be fed by someone else if she has a perfectly good left arm that she will not feed herself with due to cultural norms regarding the cleanliness of the left hand? Does it change your opinion when the legal fact of medical necessity determines whether additional hours of aide services are allotted based on the need? Should we expect medical evidence of harm caused by not eating? How does it change things to know that the paid aide is her son-in-law who lives there? Harold Fjord fucked around with this message at 23:48 on Mar 5, 2021 |
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Mar 5, 2021 23:45
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First car insurance talk, now cat piss talk, next is lawn fertilizer talk and then hemorrhoid cream talk
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Mar 5, 2021 23:51
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Harold Fjord posted:Whether or not the cat is required to be outside for it's health is complicated fact to determine. Generally we rely on the testimony of experts such as a veterinarian or someone who knows the cat. Actually my answer is simple: it should all be free yes
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Mar 6, 2021 01:36
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blarzgh posted:First car insurance talk, now cat piss talk, next is lawn fertilizer talk and then hemorrhoid cream talk Suppositories are better than the cream for internal application.
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Mar 6, 2021 02:48
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Phil Moscowitz posted:Actually my answer is simple: it should all be free yes
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Mar 6, 2021 04:52
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Mr. Nice! posted:Suppositories are better than the cream for internal application. Prove it.
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Mar 6, 2021 05:32
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null_pointer posted:
This is actually a bolt gun, which is like those guns the joker uses that pop out a flag that says "BANG" except that this pops out a rod of steel (ladies) which stuns or kills the animal. This is considered a smarter idea than actual firearms that might inadvertently injure someone or something not meant for slaughter. It's also to allow for simpler and arguably more humane slaughter where (mildly  warning) after stunning the animal, a major artery is severed so that the animal's heart pumps out most of the blood to exsanguinate it. This is considered more humane because the alternative is to not stun it but still slit its throat.
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Mar 6, 2021 18:26
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Leperflesh posted:Birds don't like to build nests in places swarming with lethal predators, especially ones they can observe climbing trees. Some birds are too stupid to understand this (the mourning doves in my neighborhood) and some are too clever and resourceful for cats to actually threaten (the crows and mockingbirds in my neighborhood - corvids are smart as hell) but a lot of birds will vacate a neighborhood where there's cats around. That second one sounds like an ideal barn cat. My local shelter rehomes ferals that can be moderately socialized like that to farmers and ranchers as pest control/outdoor pets.
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Mar 6, 2021 21:33
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Liquid Communism posted:That second one sounds like an ideal barn cat. My local shelter rehomes ferals that can be moderately socialized like that to farmers and ranchers as pest control/outdoor pets. Yeah, we had a similar place near us when I was working on a horse farm. We'd always keep a few barn cats around to protect the feed bins, etc. and occasionally end up with a bunch of extra ones they hadn't been able to place yet.
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Mar 6, 2021 21:41
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Yeah I'm worried if someone took him as an outdoor cat he'd immediately try to come home, but that might be an option. He's also FIV+ so whoever adopted him has to promise to keep up on his medical care, which could get expensive. But it's a good idea, I'll look into it. We've worked with a local cat rescue org for years, they've been overwhelmed during the covid crisis so we haven't tried to put this guy through them this year but things may be getting better shortly.
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Mar 6, 2021 23:12
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Leperflesh posted:Sorry, "my cat has had UTI so he has to go outside" is absurd on its face. Perhaps if you had mentioned his actual diagnosis, symptoms, the multiple vets, the prescription food, etc, that recommendation might have made a little more sense, although it still doesn't, because you are very very obviously leaving out some critical fact or another. So if you feel like engaging in good faith, maybe you could bother to explain why, exactly, your veterenarians think being indoors is so bad for his renal system. I’m actually not required to mention any of that and it’s not an uti either sorry pal better luck next time! Maybe you just don’t know everything, so I’ll just keep relying on the advice of my vet instead of the non lawyer giving legal advice in the legal thread
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Mar 7, 2021 04:05
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Meeeeow
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Mar 7, 2021 09:08
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It's ok, the cat probably also has to be left intact for "very good vet reasons, but don't worry, only I know those reasons, but you are wrong for judging me about your wrong guesses. I'm going to take my cat and go outside now."
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Mar 7, 2021 14:00
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toplitzin posted:It's ok, the cat probably also has to be left intact for "very good vet reasons, but don't worry, only I know those reasons, but you are wrong for judging me about your wrong guesses. I'm going to take my cat and go outside now." What is your history of veterinary training? Have you personally interviewed the cat?
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Mar 7, 2021 15:29
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EwokEntourage posted:I’m actually not required to mention any of that and it’s not an uti either sorry pal better luck next time! Maybe you just don’t know everything, so I’ll just keep relying on the advice of my vet instead of the non lawyer giving legal advice in the legal thread Dik Hz fucked around with this message at 16:55 on Mar 7, 2021 |
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Mar 7, 2021 15:39
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Everyone stop beating up on Ewoks pussy, poor thing is worn out
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Mar 7, 2021 15:42
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