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Vander
Aug 16, 2004

I am my own hero.
Serious question: When a cop pulls someone over, is it a question of law or fact as to whether it is a Terry stop?

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Vander
Aug 16, 2004

I am my own hero.

entris posted:

isn't it a question of law, looking at the totality of the circumstances?

/in reality, aren't all vehicle pull-overs also Terry stops? I don't remember.

I don't remember either, and a party to an issue I'm working on says it's a question of fact. That doesn't sound right to me...

Vander
Aug 16, 2004

I am my own hero.

mrtoodles posted:

OMG a question that is easy due to my current line of work.

It's a mixed question of law and fact.


Thanks! You're cool and stuff.

Vander
Aug 16, 2004

I am my own hero.
Anyone had any experience with motions to consolidate? How is it organized on the order itself? Things like: Which case number is used or party names and such. I couldn't find an example memo in the "old clerk" files, so I'm swinging in the wind a little here...

Vander
Aug 16, 2004

I am my own hero.

MayakovskyMarmite posted:

Are you a clerk?

Yup. And the judge just handed to briefs of the movants and told me to write him an order for consolidation. It's my 4th day!

Vander
Aug 16, 2004

I am my own hero.
What's the name of the database/ book that describes how a judicial order for [x] from a court should look? I can't remember the name and need it. Hugs.

Vander
Aug 16, 2004

I am my own hero.

SWATJester posted:

Call the clerk?

That's me!

But I found it: Federal Procedural Forms.

Vander
Aug 16, 2004

I am my own hero.

Chakron posted:

The audio is kind of long, but here is the story of Remedial's wedding. I usually hate stories like this, but this one is amazing and is listenable even if you know absolutely nothing about the people involved.

http://death.innomi.com/uploads/wedding-story.mp3

Ahhh... That makes me feel that there are things right in the world.

Vander
Aug 16, 2004

I am my own hero.

Ainsley McTree posted:

I'm hungry

Boiled shoe leather is p. tasty with the right amount of hunger. (Paging Atlas...)

Vander
Aug 16, 2004

I am my own hero.

nm posted:

Honestly, if you have these biases against defense attorneys, you should seriously consider civil law.

Nah, this super cool dude is (wants to?) working for a Prosecutor's office somewhere. He's just trying to take out the opposition through a very backwards and inefficient way.

Vander
Aug 16, 2004

I am my own hero.
I'm writing my first ever closing argument for a trial skills class. (I represent the plaintiff in a car to motorcycle collision case. My guy was the cycler and is suing for negligence.)

Any tips?

Vander
Aug 16, 2004

I am my own hero.

Incredulous Red posted:

...then he is entitled to no less than two million in compensatory damages, and two million in punitive damages. Thank you.

Just about. This kid's the former star quarterback of the highschool football team. This accident gives him seizures so he can't play ball anymore. He's suing car driver's employer for lost earning capacity: College scholarships AND NFL career.

Vander
Aug 16, 2004

I am my own hero.

SWATJester posted:

"Ladies and gentleman of the jury, we can't make Defendant's medical recovery any less painful. We aren't miracle workers. But we can compensate him for the pain and suffering that he went through. Imagine you had to wake up every day in pain. Imagine that you were unable to work for <insert lost wages time here>. What price tag would you put on that? What would you want if you were in their situation? $500,000 can't bring my client back to health. But it can compensate him for the wrongs that have been done."

Stuff like that.

I like this and I like you.

Vander
Aug 16, 2004

I am my own hero.

Enigma89 posted:

UCLA
USC
UC Hastings
LLS
SCU
USD
Pepperdine

Applications going out asap. If any of you guys know some good entertainment law schools let me know.

The ones that let you fellate actors and get a good pegging by actresses.

Vander
Aug 16, 2004

I am my own hero.
Civ 5 is out tomorrow morning. What disease can I fake that will get me out of school for a month? So far, I've got mono, leprosy, bubonic plague and lupus. Any ideas?

Vander
Aug 16, 2004

I am my own hero.
I'm giving a mock opening statement for class today. I'm wearing a sexy 3 piece suit and am thinking of delivering it without the jacket on. Good idea or bad idea?

Vander
Aug 16, 2004

I am my own hero.

Ainsley McTree posted:

Only if you rip off the jacket while sexyback is playing

That's my closing argument.

Vander
Aug 16, 2004

I am my own hero.
Hey Texas Law Goons, are you still alive?

Vander
Aug 16, 2004

I am my own hero.

CaptainScraps posted:

Yeah, we're fine. William Munny's on lockdown. I skipped class this morning so I'm rejoicing in a day off.

And 1Ls are still studying in lockdown, I poo poo you not.

Did you have the Prof that was shot at?







... Did he deserve it?

Vander
Aug 16, 2004

I am my own hero.

Trash Can Man posted:

No, really, I did.

Defleshed posted:

The trolling these days has been really low effort.

Vander
Aug 16, 2004

I am my own hero.

mrtoodles posted:

Clerkship with Federal Magistrate Judge. Worth it or no? How much does it pay?

Is it in the town/ city/ district you want to practice in?

Vander
Aug 16, 2004

I am my own hero.

qwertyman posted:

What part of "Congress shall make no law respecting the establishment of religion" do right wingers not understand? For gently caress's sake!

Bu- bu- bu- bu- bu- but mah' Bible!

Vander
Aug 16, 2004

I am my own hero.
Random legal advice goin' on in this thread:

Minecraft's creator should sue a guy making Minecraft refrigerator magnets!

Vander
Aug 16, 2004

I am my own hero.

Stunt Rock posted:

If anyone is a UCC expert I have something I could use some advice on.

Which article(s)?

Vander
Aug 16, 2004

I am my own hero.
Serious post incoming!

I'm going to write a paper on tax law for a competition. It can be about a public policy issue, a critique of a leading case or doctrine, a comment on a statute or the need for statutory modification, or a comment on a common law doctrine.


Does anyone have any suggestions for where to start looking for a topic to write about? I'm not bored to tears by tax or anything, and $3,000 would be awesome for boozin'.

Vander
Aug 16, 2004

I am my own hero.

entris posted:

I've got a nice, solid topic for you. PM me and I'll give you details, or IM me at entris9000.

Got an email I could use? No PM/ IM on this PC.

Vander
Aug 16, 2004

I am my own hero.

Direwolf posted:

Applying for summer jobs hooray hooray. Anyone done a judicial internship/externship? Deal or no deal? Our career center is really pushing applying to them, and it sounds nice but so is anything they ever talk about. Is it anything like clerking, either in terms of the work or the prestige?

It depends on the level, but I would say generally yeah, especially in this market. Unless you're offered something paying (You haven't), then I'd take it. Mine was at the District level, which in Idaho is upper trial court. It did more for my understand of being a lawyer than all of law school.

Vander
Aug 16, 2004

I am my own hero.

Stunt Rock posted:

I need to go stock the office fridge for this week since my MSJ/Daubert motions are almost due. The only question is whether I'll have the willpower to stock it with something other than liqour.

Ice. Not for your Scotch though. There are other drinks you should have in order to have a balanced diet.

Vander
Aug 16, 2004

I am my own hero.
So I was attending a football game this season, watching the Idaho Vandals win or lose against some WAC team not worth remembering, when a fellow law student bounces an idea off of me: Should I sue the school? He tells me his story and I think he has a chance, so I say, "gently caress it, go for it."

Well lo and behold:

Above the Law posted:

According Idaho Law 2L Aaron Tribble, his right to have a firearm in his dorm room trumps his classmates’ rights to not have to live on campus with potentially crazy gunmen in legal possession of weapons. Tribble has filed suit against the University of Idaho over its policy that bans guns on campus.

He claims that the rule violates his Second and Fourteenth Amendment rights to possess a gun in his on-campus home…

The story from the Moscow-Pullman Daily News Online (gavel bang: ABA Journal) is pretty bare-bones. But the publication says Tribble, 36, is married and lives in student housing for married students and students with children. So I’m sure that at some point Tribble will make an argument about how he needs his gun to protect his family (if he hasn’t already).

[He is required to keep his guns in a locked safe at the local Police Dept.]


I figured there's at least enough ambiguity as to whether him having to keep his gun off of campus is a reasonable restriction or not. Kind of wild to see him go through with it.

Vander
Aug 16, 2004

I am my own hero.

Lilosh posted:

I don't have the opinion near me, but didn't SCOTUS say, in either Heller or MacDonald, something like "this doesn't mean there can't be reasonable restrictions that keep guns out of sensitive places like federal buildings and universities?"

Yeah, that's right. That's also all they said. That's why I think he has something to at least argue. It's a typically broad statement made by the SCOTUS that the lower courts get to parse out.

Vander
Aug 16, 2004

I am my own hero.

entris posted:

For you copyright-minded types:

Go to http://www.displays2go.com/

Right-click.

Laugh.

(Safe link, I promise, I just ordered some stuff off there for the office.)

I lolled.


I get what they're getting at, but I think it's funnier to think that someone has copyrighted right clicking and sent them a subpoena.

Vander
Aug 16, 2004

I am my own hero.
That's.... busy. Can you say what city/ nation you are working in?

Vander
Aug 16, 2004

I am my own hero.
I had a random thought that I want to bounce off you practitioners:

I'm going to graduate school soon, which means my free westlaw/ lexis is going to run out soonish. Are there any supplement/ practice books/ bigfuckoff docs that I should download off westlaw that will be a big help when I start actually practicing? A job hasn't materialized yet (lol no jobs...), so I might need to hang my own shingle to get those magical "2 years of experience" that everyone here wants. Should I download some sort of bankruptcy/ torts/ family law guide of some kind?

Vander
Aug 16, 2004

I am my own hero.

sigmachiev posted:

whatcha doin and where?

I'm in Idaho, trying to find a job anywhere. Right now, I wonder if I should be preparing to hang my own shingle doin any civil work I can get my hands on.

Vander
Aug 16, 2004

I am my own hero.

sigmachiev posted:

Also Vander I was wondering what grad school program and what school and the plan for that and poo poo.

Idaho has only one law school and I'm in it!

Vander
Aug 16, 2004

I am my own hero.
Is our Guam attorney all right? I hope his tropical dream job hasn't been washed away... :ohdear:

Vander
Aug 16, 2004

I am my own hero.
For Reals law question time!

Does an S Corp that has never been a C Corp need to worry about the Accumulated Adjustments Account?

Vander
Aug 16, 2004

I am my own hero.

entris posted:

Generally, no, because AAAs are only required if the S Corp has accumulated earnings and profits, which are C Corp concepts that don't come into play if the S Corp was never a C Corp...

Thanks!

Vander
Aug 16, 2004

I am my own hero.
How do I cite (BB) to an Westlaw/ internet treatise that looks like this (Copy-paste of the top of the doc on westlaw):


Tax Advisors Plan. Sys. (Title 4) 4:1.01
Tax Advisors Planning System

Copyright (c) 2010 by RIA
4: S Corporations
4:1.00 Introduction
4:1.01 Advantages of S Corporation Status
1.01 Advantages of S Corporation Status

I have an author if I dig a bit, no pagination though.

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Vander
Aug 16, 2004

I am my own hero.

entris posted:

Whatcha workin' on?

A tax paper that may or may not have been suggested by a helpful law goon that may or may not be quoted right up there...

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