Legal Questions: do not communicate with the demon at all except through your genie

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Thorias posted:

That's what I've been doing, what I mainly want to know is how come it's possible to have a court date and not be told about it, with a letter, or a phone call or anything from the court or the lawyer? It makes it sound like to me that his lawyer doesn't really care about winning this case if he won't tell his client about the court date.

Loopyface posted:

There is almost no chance your brother wasn't made aware of his court date.

Once a lawyer makes an appearnce, the defendant generally doesn't get mailed anything. At least, that's how it works in a civil case. If his lawyer got notice, but then didn't tell your brother, it could happen. If his lawyer didn't get notice (whether through a mailing fuckup or whatever), it could happen.

# ¿ Mar 9, 2010 23:29

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# ¿ May 4, 2024 17:09

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Solomon Grundy posted:

Thirded. The worst disasters of my legal career have always started with a client concealing information from me.

I was doing a pro bono mediation (because I never actually see the inside of a court), and I totally got called out for making a provably false statement to the judge because my client was lying through his teeth. It's basically the worst feeling in the world.

# ¿ Mar 25, 2010 00:01

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Nietzschean posted:

I have an invention idea. It is a software application which could be used with present electronic hardware in a specific medium. How do I go about researching if this idea is already patented, and, if it is not, in getting it patented? Will I need to patent just the software, or do there exist some sort of loopholes like with processes or materials? What type of paperwork, legal counsel and other professionals will I need to assemble before I can do this? My goal is to sell my idea to another entity outright for a sum of money, but to make sure that it's buttoned-up tight before I enter discussions so that it can't just be taken and used.

I guess what I'm asking for is a How-To from coming up with an invention concept to final sale to a company that will use it.

Well, you need a patent lawyer. You can probably find someone who can get an application on file for less than $10,000.

FYI, the popular belief is that software patents will be going extinct, come the Supreme Court's decision in In re Bilski. We'll see. It should be out pretty soon. There will probably be loopholes still though.

In the meantime, you should:
1) not tell anyone any details about your invention, unless it's subject to an NDA;
2) get everything down on paper in excruciating detail. Include details on how your software is an improvement over specific existing software products you are aware of;
3) you can do basic searches of existing patents and patent publications at https://www.uspto.gov to look for prior art.

In my experience with fledgling "idea" companies, no one is going to give you a dime before you have a patent application on file.

# ¿ Apr 7, 2010 16:20

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

hobbesmaster posted:

Hell, its hard enough to get people to give you money when you have a patent, customers and a product. Though, my stuff is pretty niche...

Yeah, to be more accurate, I should have said something like:
No one is going to even talk to you without an application on file
No one is going to give you money without an issued patent
Even with an issued patent, you probably aren't getting any money

# ¿ Apr 7, 2010 16:38

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

MonteCarloNOS posted:

Any goons familiar in government/education corruption?

Currently I go to a state university and the administration are cutting student jobs (including mine) that are funded with non-subsidized student fees. These fees are paid by all students based on their semester hours/semester.

I was wondering how I would go about looking to see where this (now) excess money is going? I've browsed the budget, but it's mind boggling. Where would the student fee money go for it to be considered illegal?

e:I'm in Illinois.

There is no government corruption in Illinois.

# ¿ Apr 8, 2010 22:47

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

TotalBiscuit posted:

This dumbass has filed a counterclaim with Youtube, which means I'm now obliged to go after him and file a court action under the DMCA. In counterclaiming, he perjured himself and provided his full name and address for the purposes of filing.

I don't see any reason to let this guy get away with his behaviour, particularly when he went so far out of his way to try and rub it in my face. So the question is two-fold.

1) Is my understand of US copyright law correct? Is using a chunk of unaltered footage, without permission protected by parody law or not?

2) How would I file such a thing? I live in the UK, this guy is in Alabama.

Just stop. You aren't filing suit in the US. There is no way you're prepared to spend the tens of thousands of dollars it would cost to litigate this. Also, it's ultimately a pretty short chunk of film, so I'm not even sure if your infringement case is a slam dunk.

# ¿ Apr 21, 2010 01:13

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

betaraywil posted:

Say, if I wanted to post a rant on the internet about my state senator, without leveling any accusations or threats, but using fairly abusive language (saying "go fist yourself" seven or eight times reaching a grotesque crescendo), that's protected speech, right?

Really, really doubt that would be illegal. Though, of course, you can be sued for whatever they want to sue you for.

# ¿ Apr 23, 2010 00:33

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

SnatchRabbit posted:

Now, it's pretty clear to me that no one at the club will cancel my membership so I've been referred to member services. In the event I am stonewalled there as well what are my paths of recourse? I can have them bill me the $150 and file a dispute with my Credit Card company? Incidentally, I've already called the CC company and they said I am perfectly within my rights to file a dispute, however, I'm worried that even if my CC denies to payment it might come back to haunt me later if NYSC decides to pursue the money in collections.

I've already decided to file a dispute with the BBB and send the story into every consumer watchdog on the internet. Is there anything else I am missing?

You look pretty solid here, in my opinion. I'm not sure what methods there are of getting a garbage claim off of your credit reports though.

# ¿ May 25, 2010 04:41

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

SnatchRabbit posted:

Thankfully, it didn't get that far. I called member services and they canceled my membership without much issue. They assured me this is not their official policy. So just for laughs I wrote up a pissy email to their entire board of directors explaining that what their employees are doing is illegal under NJ State law. Executive Customer Service wrote me back with the following:

Small victories, I guess.

Congrats!

# ¿ May 25, 2010 19:33

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

MalConstant posted:

I haven't seen a lawyer, but If can I take this guy to court and prove I didn't cause any of these damages and I wasn't present during the last 6 mo. of the lease, I should be able to get the debt wiped clean off my record?

No, you probably can't. That debt is as much yours as it his. You may be able to get a separate judgment against him for his share, but that doesn't mean you aren't also liable to the owner.

# ¿ Jun 17, 2010 19:44

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Aquatic Giraffe posted:

I have a question regarding court dates. This all takes place in Virginia.

My friend got pulled over in May and got a ticket with a mandatory court appearance. On his ticket it says the court date is in late July, but he recently got a notice that he is being charged with a failure to appear in court which claims his court date was in late May. Is the date written on the ticket sufficient evidence to throw out the failure to appear charges?

Have him call the clerk and see if he can work it out with them.

If the ticket really has a July date, I can't imagine this not being worked out somehow.

# ¿ Jun 21, 2010 18:13

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Joudas posted:

How long is said useless judgement good for, if you know?

Totally anecdotal, but I thought it was like 7 years.

# ¿ Jun 25, 2010 17:14

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

ODC posted:

She had already given them the check, the just hadn't cashed it yet. Basically after two weeks, she was trying to figure out what to do and called her bank. The bank said they hadn't cashed the check yet and could stop payment on it.

I'll be calling her here in a little bit to talk to her about it.

I would not be surprised if there were a law allowing a moving company to hold onto your poo poo until you pay. I would pay, and if they don't deliver, threaten to file a police report for theft or something like that.

# ¿ Jul 12, 2010 16:13

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Goon Account posted:

So here's the plan: lawyer up (over $1800?!? what do I do about this?), file in Alberta small claims, go to court, win, he pays all my legal fees (assuming I can collect). Right? What's the process look like? Anything interesting anyone can tell me?

I'm in B.C., not Alberta, where should I contact a lawyer? I assume in Alberta is the best bet?

I doubt a court case would make financial sense. Write it off, or maybe just try to get a lawyer to write a more threatening letter.

# ¿ Jul 21, 2010 00:38

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

SWATJester posted:

Disclose it now.

Then disclose it on the bar exam.

The reason law schools ask, is because they have an obligation not to accept you if you cannot pass the character and fitness portion of the exam. So in essence, if they have a problem with it, good, they've just saved you 150,000 dollars.

Also, don't go to law school. Seriously.

Yeah, don't lie on your law school application.

That said, depending on how the law school application is phrased, your C&F application may require you to disclose things that your law school application does not. Like, if I remember correctly, the Illinois C&F application required you to disclose speeding tickets, where no law school application did.

But, don't lie if you ever want to practice.

And, reiterating what someone said, you could have a very real problem here.

NoodleBaby posted:

I don't know about the UK, but in the US we call these folks "judgment-proof." Meaning, sure, you can get your $100,000 judgment but you are never going to collect. As an aside, here, most plaintiff attorneys won't get involved with a judgment-proof defendant claim (because generally the attorney works on a contingency fee basis: the attorney only gets paid if money is collected. If there is no money to collect, the attorney isn't going to take the case). The situation you describe is why attorneys often go for the "deep pockets" even if there is only a tenuous connection between the plaintiff and defendant.

So, at least in the US, yes they can be "awarded" the money but actually getting it is a different issue.

In your hypothetical, it's theoretically possible that the parents who support you (in the US) could be on the hook for the judgment, but that would be a very specific situation.

This is correct, but keep in mind that, at least in the U.S., the plaintiff can sit on the judgment for quite a long time. So, just because you are judgment-proof now does not mean that you will be judgment-proof forever.

gvibes fucked around with this message at 20:15 on Jul 27, 2010

# ¿ Jul 27, 2010 20:12

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Lexical Unit posted:

So I legally changed my name last Friday and I've been working on getting everything updated. I have a mortgage and I'd like to get my name updated with the loan company but they're saying they require "Endorsement to the present insurance policy showing your new name". What does that mean? Like, a copy of some kind of official insurance document that has my new name on it? Like any insurance? I mean, I have dental...

I assume they want something showing your new name is on your homeowners insurance.

# ¿ Aug 4, 2010 16:23

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

entris posted:

Have you been asked to do this by either the defense or the prosecution? You shouldn't submit anything unless you have been asked to.

Sounds like he was asked by his friend, the defendant.

This is something that I think varies from jurisdiction to jurisdiction. Ask your friend's lawyer.

# ¿ Aug 12, 2010 19:12

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Definitely get an attorney. I know nothing about this area of the law, but if you legitimately feared for your life, I don't think you can be held guilty for the violations (though I think you still need to pay for the damage).

# ¿ Aug 24, 2010 01:22

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Childlike Empress posted:

2) Can I force them to forfeit their security deposit?

From what little knowledge of the area I have, what you can do with the security deposit depends a lot on state or local laws/ordinances.

# ¿ Aug 24, 2010 19:03

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

czachz posted:

Another question: If you do not have a concealed-carry permit but are nonetheless carrying illegally and end up shooting someone in self-defense do you get in trouble for having the gun? I'm guessing the answer to this is theoretically yes, but in practice do police tend to charge people in this situation?

I *thought* that Chicago (or maybe Illinois) had a provision in their handgun ban that you could not be charged with violation of the ordinance if the cops only discovered that you had the handgun due to its use in self-defense.

I'm probably wrong though.

# ¿ Aug 25, 2010 15:28

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Anjow posted:

I'm in the UK, but I'd be interested in answers concerning US law too, since this is purely hypothetical and I would never dream of doing this: can one be done for drink driving if you're above the normal prescribed limit, but driving only on private land?

I think the answer is "yes" in the US. I've heard stories (maybe urban legends) of people getting DUIs while sitting in their car in their driveway.

# ¿ Sep 2, 2010 17:17

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

cassis posted:

My realtor tells me we might be liable for interest on the sale amounts and expenses incurred by our seller & purchaser. We did nothing wrong. We were out of the old property a day before the new people were to take possesion. I wanted to give the purchasers of the old property access yesterday (by giving them the garage door code) to be a decent person, but our realtor advised against that.

If it does end up being your responsibility, you would probably have a malpractice claim against your attorney.

# ¿ Sep 16, 2010 19:28

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Do you have e-mails or anything?

# ¿ Sep 23, 2010 01:52

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

arsonic posted:

I am in FL, recently got served with a collections lawsuit, and I've been doing research and looking for legal help locally. I've contacted two lawyers that seem experienced in debt collection defense, but I'm nervous about what to ask/if they are legit. One seemed like what I would expect- called, what I assume to be an aide/assistant asked me questions about my case and set up a free consultation a week from tomorrow. This only concerns me because if I want to answer the lawsuit, I need to get it filed within 20 days, so time is a factor.

FYI, if you went with the attorney, he could likely get an extension from the plaintiff - extensions are almost universally granted. But I could understand that it would put you in a tough spot if you decide not to go with him.

arsonic posted:

The second lawyer I found on the NACA website. He answered his own phone, and didn't take quite as much info. He said his consultation fee was $125, which would go towards his $500 retainer if I decided to do so. He said he capped his fees at $1000. He was available for a consultation tomorrow, but I'm a tad worried because a) he said he works out of his home, which seemed slightly odd to me, and b) he said he wanted to do the consult at my home, and that he usually travels around to client's houses (because he doesn't have an office, I guess).

He could just be a new or struggling solo - he will certainly be cheap, and if it is a straightforward contract matter, could end up being a cost-effective option - it's tough to know.

You can check to see whether they are registered at http://www.floridabar.org/names.nsf/MESearch?OpenForm

Other than that, I'm not sure what research you could do. If you are willing to pay an attorney $1000, have you considered calling the plaintiff and offering $1000 to settle?

Attorneys fees could quickly eat up any savings from retaining an attorney.

# ¿ Sep 29, 2010 17:37

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Solomon Grundy posted:

You are not supposed to go faster than what would allow you to come to a safe stop. If you can't see what's under the bridge, slow down, so you can stop if there is something under the bridge. Quit crying and pay the ticket.

Exactly. He has basically admitted to committing the offense.

# ¿ Oct 14, 2010 16:10

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Solkanar512 posted:

It's a combination of being in a private lab that "works as efficiently as possible" with "lots of pressure to perform" and the fact that I'm not sure what I should expect if I have to deal with federal officials. I understand if I'm overreacting here, but I would prefer not to gently caress around.

From what it sounds like, I would just be sure that you everything you sign you personally know to be true.

# ¿ Nov 2, 2010 16:33

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Hungry Joe posted:

Ok legal goons heres my problem(reposted from another thread)

Ok so I just checked the mail and found this little gem

Is your ISP suddenlink communications? You say "we" used the router? Could whoever is sharing the router have used bittorrent to download this?

Assuming the escalating settlement offer isn't an ethical violation, I would very likely pay the 2400 to settle regardless. There is little chance that, even if you are innocent, you could get yourself dismissed paying less than 2400 in attorney fees.

# ¿ Nov 2, 2010 17:55

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Tab8715 posted:

I'm asking why it's a bad idea in the first place, and a response of "Well, he could accidentally give them information" is such blah.

For starters, it's impossible. He hasn't been served with a complaint or appeared in court.

To quibble, a lawsuit has been filed.

# ¿ Nov 2, 2010 18:04

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

bergeoisie posted:

This brings up something that I've always been curious about in law. Let's say that Hungry Joe is telling the truth, lawyers up, and wins. Does the losing side have to pay for his attorney costs or is he just totally out that money?

In the US, absent a statute or agreement to the contrary, the victorious defendant is out that money.

The Copyright Act actually has such a statute, but I'm not sure when it is applied.

# ¿ Nov 2, 2010 19:02

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

commish posted:

I've sent out and received many demand letters in my day, and the actual chance of litigation is pretty drat low... You really think this divorce lawyer is going to take anyone to trial over a copyright dispute?

Did you see that they already filed suit?

# ¿ Nov 2, 2010 19:26

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

i saw dasein posted:

Wow, that seems crazy to me. What is the rationale for this? Awarding of costs, at the discretion of the judge, seems pretty logical, especially in terms of dissuading frivolous suits and compensating the innocent party.

I *think* the rationale is to allow the little guy to sue big corporations without the little guy being bankrupted if he happens to lose.

# ¿ Nov 2, 2010 19:29

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

entris posted:

He then called the police and kicked her out of class - should she have gotten a hearing before she got kicked out? Of course not, that would be ridiculous - what, the school has to convene a panel of administrators in the middle of the class, just to decide if she can be removed from class? That is unreasonable. I don't think "due process" has any help to offer her.

Yeah, she could argue that this was against some sort of internal policy or something, but I doubt that they forbid kicking a disruptive student out of class before having a hearing or whatever.

# ¿ Nov 9, 2010 17:12

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

a handful of dust posted:

Has anyone else seen one of these? Why is he being contacted by the store instead of the police, and what kind of basis do they have for claiming "damages" when he returned the merchandise unopened and left? If they were going to refer it to law enforcement, why wait three months before doing so?

Is it worth fighting, or should he just pay the fine and move on?

I am also not sure they have much of a claim, but $400 is a very reasonable amount to pay to keep your record clean.

# ¿ Nov 18, 2010 19:51

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

SWATJester posted:

Interesting legal situation came up today, I'd kinda like some hypothetical opinions. A Section 230 CDA protected service provider is being threatened to comply with a permanent injunction over a trademark infringement case that it was never a party to. The infringing party in the trademark case is using the service provider to host a website that infringes the mark. The service provider's actions, however in hosting that website are not commercial so the hosting is not an act of interstate commerce eligible to be trademark infringement.

If you were the GC of the service provider, would you stand your ground, on the thoughts that the injunction cannot apply to you? Or would you quietly take down the page -- if so do you cooperate, or do you bitch and complain to them about it? Or some other action?

Yeah, not really a legal question. Dump the site.

# ¿ Dec 2, 2010 18:50

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

hypocrite lecteur posted:

Jurisprudence and the residential tenancy act reflect what I said in my post where I'm from and it's pretty similar across Canada, I guess it can vary pretty widely on what state you're in though

I have never of that in the US. Co-signer liability on a lease is generally joint and several.

# ¿ Dec 3, 2010 16:05

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

hypocrite lecteur posted:

Depending on what the condo rules say about noise, and what your actual conduct has been, I'd say it sounds as though you may be on the losing side of this. I would look into it a bit more before deciding to pick a fight about it

Agreed.

Take a look at the actual rules though.

# ¿ Jan 3, 2011 02:50

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Nevvy Z posted:

A few months ago I went off the edge of a driveway I was turning around in a little bit and dragged a rock out under my car. It did some damage to the plastic guard. I found out recently it also damaged the core support. I was wondering if there was any way the city or property owner might be liable for this. While it was my error, the rocks obviously constitute a hazard.

The city owns the treelawn, but holds the property owner responsible for it's care.

IIRC, you have to prove that the city was actually aware of the hazard and did not correct it in a reasonable amount of time. You would be fighting a losing battle.

# ¿ Jan 20, 2011 20:55

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Direwolf posted:

Can I sue my roommate for his half of the rent? I don't know if the joint and separate thing about leases defeats that, but I figure I signed the lease relying on his paying half (actually a little more than half as he had the big room). I'm only a 1L though so I don't trust my own judgment/experience. I'll be bankrupt by next month if he doesn't pay his share, and he hasn't found a replacement roommate (neither have I, though I only found out recently he hadn't been paying/looking and so I haven't been looking very long).

Yes, you can. Your landlord can also sue you.

# ¿ Feb 2, 2011 22:38

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

Scenty posted:

First the bakckstory: My Grandfather passed away about 3-4 years ago. He wrote it out in his will that specifically my brothers and I were to sell his house and for the money to be split evenly between the three of us. I am a beneficiary on the will, and my brothers are co-executors.

My oldest brother kept giving me the run around and kept saying he was trying to get the money to pay off my other brother and myself. Meanwhile, they were living in the house together with my one brother's wife and child. I was living there before my grandfather died, but I moved out because I was told I needed to move out to get the house ready for sale.

At this point, my oldest brother has moved out, and my middle brother and his wife and child remain in the house. They have never executed the will, and the one time I tried to ask him about it he acted very immature and basically resorted to calling me names.

I feel angry that the will was never executed and I feel that I have given them long enough and at this point I should take legal action.

What are my options? Do I have any legal action I can take as I am a beneficiary and they are co-executors? Is this something worth pursuing?

I should note that I do not want them to get kicked out of the house or anything, I just want them to act like adults and pay for the house they are living in... considering my grandfather did not will it to them for free. I also do not want to get them into serious trouble or anything like that.

I live in Oregon currently. The house is in New Jersey and everything else has taken place in New Jersey.

I would probably start by contacting a probate lawyer in New Jersey.

# ¿ Feb 8, 2011 16:20

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# ¿ May 4, 2024 17:09

gvibes: Jan 18, 2010; Leading us to the promised land (i.e., one tournament win in five years)

entris posted:

In New Jersey, it appears that heirs are liable for the debts of a decedent, so it's possible that creditors could come after you or your brothers.

I doubt that is the case.

# ¿ Feb 8, 2011 17:31

The Something Awful Forums > Discussion > Ask/Tell > Legal Questions: do not communicate with the demon at all except through your genie

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