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Pinkied_Brain posted:So it's too late for me to do this now, since I already got a live court date, right? This will answer your questions. It looks like if you haven't actually appeared in court yet then it's not too late.
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Nov 18, 2011 06:58
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CaptainFuzychin posted:So I got the following email today: 1: No. You had a copyright the second you fixed them in a tangible medium. Now, you may still want to register them, as it provides some advantages, but you have a copyright. I have a copyright in (my portion of) this post, for that matter. Getting a copyright is easy and very hard to interfere with. Enforcing it is hard, which is why people register them (it makes enforcement easier/more profitable). 2: Hire a lawyer. Mention the words Universal and Lenz. 3: http://www.copyright.gov/forms/formpa.pdf. http://www.copyright.gov/eco/. You can also call up the Copyright Office and ask them questions. Did I mention you should talk to a lawyer? If you're unsure of who might be able to help you, look into a local Volunteer Lawyers for the Arts chapter - a number of large cities have them.
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Nov 18, 2011 08:15
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So the other day I was walking on campus, and stepped off the curb and into a huge pothole I didn't see and sprained my ankle. I went to the hospital to get it seen to, and they told me that my university insurance would pay for it. So I filed a claim, etc. It didn't pay for anything. This is actually the second time this drat hospital has told me that and it didn't work. Anyway, I was wondering if I could get compensation. Unrelated, but still a law question: Is it really difficult to take someone to court for sexual assault? What is the procedure for this? EDIT: I'm an idiot and totally forgot to put in my area. I live in the state of Ohio. Fluorescent fucked around with this message at 14:55 on Nov 18, 2011 |
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Nov 18, 2011 14:02
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Sexual assault is a crime. You would need to report it to the police who would forward it to the DA. There are also torts such as battery I guess but what are your damages really.
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Nov 18, 2011 14:33
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euphronius posted:Sexual assault is a crime. You would need to report it to the police who would forward it to the DA. Damages for sexual assault can be big, depending upon the circumstances. The big concern is usually collecting the judgment, as battery is an intentional tort, unlikely to be covered by insurance. As for how the poster would pursue a claim - he/she needs to file a civil complaint in the common pleas court where the assault took place or where the defendant lives. It would be much easier to do with the help of a lawyer than pro se. There is a statute of limitations issue if more than one year has passed.
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Nov 18, 2011 17:32
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Give me an example of big damages for sexual assault. Besides physical injury leading to disability or whatever.
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Nov 18, 2011 17:45
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I'm in Ontario and got a ticket under the Highway Traffic Act Sect. 44.1(5) for Young Driver BAC Above Zero. I sent the ticket to fight it, but I've changed my mind; is there a way I can pay the fine and not have to go to court? On the Notice of Trial is says "If you do not appear, you will be deemed not to dispute the charge and the court may convict you in your absence without further notice", does this mean I can just skip and they will just send me the ticket or will I be fined even more for skipping court? EDIT: Forgot to mention the court that they are making me go to is 3.5 hours away and I don't want to have to take the day off work, which is another driving factor around me not wanting to fight the ticket. Crell fucked around with this message at 18:57 on Nov 18, 2011 |
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Nov 18, 2011 18:54
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euphronius posted:Give me an example of big damages for sexual assault. Besides physical injury leading to disability or whatever. I have two. Jury verdict on date rape for $175k that my partner defended. $600,000 verdict a lawfriend of mine got against a school system for failing to report repeated sexual molestation of a teenager by a teacher. Depends on the circumstances.
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Nov 18, 2011 21:11
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Solomon Grundy posted:I have two. Jury verdict on date rape for $175k that my partner defended. $600,000 verdict a lawfriend of mine got against a school system for failing to report repeated sexual molestation of a teenager by a teacher. Depends on the circumstances. I would be interested to hear what the damages were. That is interesting.
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Nov 18, 2011 21:21
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Crell posted:I'm in Ontario and got a ticket under the Highway Traffic Act Sect. 44.1(5) for Young Driver BAC Above Zero. I sent the ticket to fight it, but I've changed my mind; is there a way I can pay the fine and not have to go to court? On the Notice of Trial is says "If you do not appear, you will be deemed not to dispute the charge and the court may convict you in your absence without further notice", does this mean I can just skip and they will just send me the ticket or will I be fined even more for skipping court? I am not Canadian but you may be able to fight the ticket without making a physical appearence, either by proxy with a lawyer or quite easily yourself.
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Nov 18, 2011 22:49
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Not sure if the Legal Questions Megathread is the place for this, but: Welp, I can't pay my rent. Due to a litany of reasons, and the fact that I've been paying late every month as it is, I'm simply going to be several hundred dollars short for rent this month. The way my landlord typically handles it is rent is due on the 1st, a Three Day or Quit is issued on the 8th, and an Eviction Warning notice is put on my door around the 17th or 18th. Sad to say I've experienced both in the last few months, each month paying on or around the 20th. The latest I've gotten was the 20th a few months back when someone from Maintenance actually came up to the apartment to change my locks. He didn't seem to know why he was doing it, and when he saw me he very nicely apologized and said he thought nobody was living there anymore. He suggested I tell management I was still there. I paid later that day. My parents have dealt with eviction before, and my mother is trying to convince me that in California, it takes about 60 days from not paying to sheriff at my door and my possessions surrendered. What are my options here in CA? If it is indeed something they need to go through the courts for, is it legal for them to change my locks while I'm at work or something?
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Nov 18, 2011 23:30
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http://www.dca.ca.gov/publications/landlordbook/evictions.shtml everything you ever wanted to know about the eviction process in CA
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Nov 19, 2011 00:07
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Fluorescent posted:So the other day I was walking on campus, and stepped off the curb and into a huge pothole I didn't see and sprained my ankle. I went to the hospital to get it seen to, and they told me that my university insurance would pay for it. So I filed a claim, etc. It didn't pay for anything. This is actually the second time this drat hospital has told me that and it didn't work. Anyway, I was wondering if I could get compensation. What your university did was most likely a "Verification of Benefits." They essentially just call the insurance company to see if you have a policy. A verification of benefits is not a guarantee of payment, and most likely one of the intake papers you signed had that explicitly stated in fine print. In order to get a guarantee of payment, the two of them (hospital and insurance) have to go through a big ordeal and lots of paperwork. The big ordeal is almost never employed in emergencies, since it takes forever. But, as usual, your circumstances are unique and you should talk to a real lawyer etc etc.
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Nov 19, 2011 02:52
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Okay, so here is a shot in the dark for me. I have a criminal record, I no longer want this criminal record. I sold drugs to an undercover LEO in late summer of 2005. I was arrested February of 2007 as their investigation wrapped up. I was one of 45 some defendants in this investigation. I was facing 6 felonies, I plead down to no jail time, 2 years probation, and 2 felonies. The other 4 felonies were not dropped persay, they were written in. (I am still confused as to what that means actually) It took me 2.5 years to complete my probation due to not finishing my community service within the time frame. This is the only other bad mark I have, is that extra 6 months it took me to finish the community service. I had no priors, and nothing since then. Not even a traffic ticket since 2007. I got a job at a financial institution in October of 2007, which I am still employed by and been promoted a few times as well. I am also in the process of actively pursuing my degree in Business Administration. What are my chances of showing how I am not the person I was before, and that these felonies are holding me back from going any further in the financial world and getting my record expunged/sealed or getting a pardon? I don't care about not having access to firearms/body armor, my voting rights were already reinstated at the completion of my probation, I just don't want the felonies to be on my record, or at least have sealed record where they wont show up on a background check. I am in Wisconsin if it matters
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Nov 19, 2011 18:34
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JackRabbitStorm posted:Okay, so here is a shot in the dark for me. This is the exact situation where you want a lawyer.
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Nov 19, 2011 20:45
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nm posted:This is the exact situation where you want a lawyer. I wasn't sure what the possibilities of actually getting it expunged were, thats the advise I am looking for. I don't have money to spend on a lawyer at this time, but wanted to know if its even worth spending money on pursuing or if it would be a dead end time cause.
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Nov 19, 2011 21:12
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It costs like $50 to talk to a lawyer for 30 minutes in most areas. Look at this http://www.wisbar.org/AM/Template.cfm?Section=LRIS&Template=/CustomSource/LRIS/index.cfm&area=3 $20 for 30 minutes. I know you have $20. euphronius fucked around with this message at 21:19 on Nov 19, 2011 |
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Nov 19, 2011 21:15
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euphronius posted:It costs like $50 to talk to a lawyer for 30 minutes in most areas. I will have $20 to spare after Christmas, bookmarked the link, thanks.
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Nov 19, 2011 21:38
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If you are truly that poor that you don't even have $20 (what the hell?) then call these people http://www.legalaction.org/content/index.cfm?cm_id=17
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Nov 19, 2011 21:43
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euphronius posted:If you are truly that poor that you don't even have $20 (what the hell?) then call these people http://www.legalaction.org/content/index.cfm?cm_id=17 Yes. My childs mother just walked out of his life, so I have him full time instead of 50%, so my food budget and day care budget just skyrocketed, daycare is loving expensive and Christmas is coming up. I work part time so I can go to school full time, which made my budget tight, but doable. Now that I have to pay 100 a week for day care instead of 50, and had to increase the food budget really has me strapped. I can wait to call them after Christmas, one of my investment CD's matures in January so I can allocate some cash to this pursuit at that time. Not trying to get e/n in here, just showing that my budget was down to a $10 leeway before I had my son full time, and now I am super tight on funds.
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Nov 19, 2011 21:48
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Well you have a child support thing maybe to including your expungement.
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Nov 19, 2011 22:21
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JackRabbitStorm posted:I will have $20 to spare after Christmas, bookmarked the link, thanks.
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Nov 19, 2011 22:41
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nm posted:Were you represented by the public defender? If so, contact them. My office (which is in CA) will help out former clients who need an expungment. Yes I was. I will get in contact with her, thanks!
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Nov 19, 2011 22:45
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My friend was involved in a solo drunk driving accident. She got safely home and taken to the hospital. Outside of opening her mouth for some foolish reason, there's no way and/or reason for law enforcement to know alcohol was involved. I'm trying to get an assessment of both her criminal and civil liabilities. It seems apparent to me that she should be safe from criminal prosecution, and her worst case is damages from the scene. Does that seem accurate?
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Nov 20, 2011 07:33
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Spectrum posted:My friend was involved in a solo drunk driving accident. She got safely home and taken to the hospital. Outside of opening her mouth for some foolish reason, there's no way and/or reason for law enforcement to know alcohol was involved. I'm trying to get an assessment of both her criminal and civil liabilities. It seems apparent to me that she should be safe from criminal prosecution, and her worst case is damages from the scene. Does that seem accurate? Also, if she went to the hospital, they likely took blood.
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Nov 20, 2011 07:38
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euphronius posted:I would be interested to hear what the damages were. That is interesting. I don't know too much, because they weren't my cases. The date rape girl was punched in the face, and went to the hospital and went to counseling for a while. The raper also had a history and was a bad guy. I don't think anything was collected on the verdict, if I recall correctly. The other case had a pretty egregious set of facts where the teacher's conduct was reported to school officials who actively attempted a cover-up. These are boom-or-bust cases. I settled two of them on the plaintiff's side for very little money when the cases went south. Both were school system cases. In one, the molester was a sports team volunteer, and we were going to have trouble demonstrating vicarious liability. In the other, the teacher's wife had hired a PI to follow the teacher as part of a divorce case, and there was video of the teacher and the student on dates, with the student clearly enjoying herself. Not the same sort of abuse as the big verdict, which was on school property and covered up by school officials.
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Nov 20, 2011 14:07
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Spectrum posted:My friend was involved in a solo drunk driving accident. She got safely home and taken to the hospital. Outside of opening her mouth for some foolish reason, there's no way and/or reason for law enforcement to know alcohol was involved. I'm trying to get an assessment of both her criminal and civil liabilities. It seems apparent to me that she should be safe from criminal prosecution, and her worst case is damages from the scene. Does that seem accurate? She should talk to a lawyer, and have there lawyer advise her on these things.
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Nov 20, 2011 23:52
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Cookie Kwan fucked around with this message at 02:46 on Nov 23, 2011 |
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Nov 21, 2011 04:12
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Cookie Kwan posted:Then, this morning when I woke up this morning he told me he was going to go to the police and turn himself in for war crimes in the US (What. the. gently caress. As far as I'm aware, he hasn't even been to the US). Given that it sounds like you're not in the US, you might want to explain where you're located. It's likely to matter significantly in this kind of thing.
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Nov 21, 2011 04:21
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Sorry, I'm in Australia. Victoria to be exact.
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Nov 21, 2011 04:24
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Editing this out. Cookie Kwan, delete your posts and don't name names on the internet. I mean gently caress, I know lots of Victorian cops, and I'm sure they would recognise your situation if I mentioned it to them, even if you used false names. Cops love talking about that sort of poo poo. They will have mentioned it to everyone in the station. There's nothing you can complain about if they were in the hosue legally, which it seems they were. I'm not an arsehole, and I'm certainly not a snitch, but god drat. Elector_Nerdlingen fucked around with this message at 05:08 on Nov 21, 2011 |
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Nov 21, 2011 04:54
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Advice posted:Not sure if the Legal Questions Megathread is the place for this, but: I can try and help based on MN law. Unfortunately, I'm not licensed in CA. In MN, your landlord cannot just change your locks if you are late on rent. This is called "intentional ouster," and is illegal. If your landlord wants you out due to nonpayment, this is certainly an obtainable goal. However, he will have to file an unlawful detainer (eviction) action to do so. The time from filing to hearing to a sheriff coming and potentially removing you is generally pretty quick, but is subject to the court calendar. In circumstances where the tenant may pose a threat to the residence, the process can be expedited. 60 days is pretty unheard of here. I'd imagine it'd be done within 2-3 weeks, once filed. Also, even through eviction, your possessions are not surrendered. Your landlord (in MN) has a duty to put your possessions in safe keeping until you retrieve them. However, after a certain period of days and with proper notice, if unclaimed, they are subject to being sold. If your locks are being changed, I'd give a call to a local housing aid authority, and see what they can do for you. Stimulus fucked around with this message at 05:06 on Nov 21, 2011 |
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Nov 21, 2011 05:02
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AlphaDog posted:There's nothing you can complain about if they were in the hosue legally, which it seems they were. The rest of your advice is spot-on, but is this sentence actually true? IANAL and I know nothing of Australia, but at least in the US I don't believe this would be true. If you're living with housemates, your housemates can only give officers permission to enter/search their rooms and common (shared) areas of the apartment. I would hope Australia has similar requirements. That said, Cookie Kwan should just get on with her life and hope nothing comes of her inability to follow her roommate's simple and sensible instructions ("well, I was planning to..."). I imagine the cop had other things on his mind when he stepped into her room.
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Nov 21, 2011 09:10
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Choadmaster posted:The rest of your advice is spot-on, but is this sentence actually true? IANAL and I know nothing of Australia, but at least in the US I don't believe this would be true. If you're living with housemates, your housemates can only give officers permission to enter/search their rooms and common (shared) areas of the apartment. I would hope Australia has similar requirements.
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Nov 21, 2011 09:25
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Yeah, my original post mentioned that I'm definitely not a lawyer, but this really seems like a situation where if you make a fuss, suddenly the cops officially saw X, Y and Z instead of just X. I was pretty sure that once you'd invited police inside they were free to look around (perhaps not to go through cupboards or anything, but certainly to look into rooms). I could be wrong. If the cop is a dick, he will just say that he was concerned for her safety, given the apparent nature of the call. That might even be true. None of the cops I know, in that state, will give the smallest poo poo if a bong or whatever is visible on a table when they're doing something unrelated to someone unrelated. They won't care unless they are somehow forced to care. But really, this situation is silly. A cop saw a thing which he obviously didn't care about. The worst thing you can possibly do is post about it on the internet, naming names and admitting that things happened. Elector_Nerdlingen fucked around with this message at 10:01 on Nov 21, 2011 |
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Nov 21, 2011 09:58
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Well I don't know the legalities of the situation. Those aren't real names and I really want to know if I can make a complaint because he came into my room without knocking. I understand my housemate let him in, but is he allowed to just come into my room like that? Aren't I entitled to a sense of privacy? And it isn't silly to me, the last thing you expect while you're dressing in your room is for a loving cop to walk in.
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Nov 21, 2011 13:08
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Just delete your posts. Your situation is unusual enough that it's easily recognisable without real names. The cop probably can't do that, but he seems to have been nice enough to ignore the obviously illegal things that he in all likelihood saw. Don't make a complaint. It sounds like you don't want the situation investigated, which is what will happen if you complain. Either that, or make a complaint and get a lawyer, because you're going to need one. Elector_Nerdlingen fucked around with this message at 14:09 on Nov 21, 2011 |
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Nov 21, 2011 14:05
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Cookie Kwan posted:Well I don't know the legalities of the situation. Those aren't real names and I really want to know if I can make a complaint because he came into my room without knocking. I understand my housemate let him in, but is he allowed to just come into my room like that? Aren't I entitled to a sense of privacy? And it isn't silly to me, the last thing you expect while you're dressing in your room is for a loving cop to walk in. Choadmaster posted:That said, Cookie Kwan should just get on with her life and hope nothing comes of her inability to follow her roommate's simple and sensible instructions ("well, I was planning to..."). I imagine the cop had other things on his mind when he stepped into her room. You really should concentrate on counting your blessings that you did have your boobs out, otherwise you'd be facing much worse than mild embarrassment.
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Nov 21, 2011 14:14
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Friend was just in jail for the weekend for missing a court date. He was released today and told he has to pay $1300 for the jail time expenses, is this legal? We are in Avondale Arizona.
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Nov 21, 2011 20:04
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50 pounds of bread posted:Friend was just in jail for the weekend for missing a court date. He was released today and told he has to pay $1300 for the jail time expenses, is this legal? We are in Avondale Arizona.
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Nov 21, 2011 21:08
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