|
There is a pretty good book I read years and years ago called street law, and it was about how the law actually works on the street vs these bizarre ideas people have about "mah rights" or whatever. I'm not sure it's still updated, there's a ton of books now called Street Law: blah blah but it was eye opening when I read it.
|
#
?
May 27, 2020 22:06
|
|
|
|
| # ? May 19, 2024 06:53 |
|
|
street bill of rights 1st amendment: i can say whatever i want 2nd amendment: i have a gun so you can't stop me 3rd amendment: get out of my house i don't care who you are 4th amendment: don't touch my stuff. don't even look at it 5th amendment: i ain't saying poo poo, try and prove it 6th amendment: shut up and try me. get this over with 7th amendment: no jury will convict me. power to the people 8th amendment: none of that freaky poo poo, just send me to jail 9th+10th: all the other rights are mine too notably this can also be read as the feeble protests of someone being arrested/locked up
|
|
#
?
May 27, 2020 22:36
|
|
|
Legal Questions: are you a lawyer? this doesn't sound right
|
|
#
?
May 27, 2020 22:53
|
|
|
Some states have found checkpoints to be unconstitutional so it depends where you are.
|
|
#
?
May 27, 2020 23:41
|
|
|
Let's say a contract of some kind is written up and needs signed. In the contract the name of the person who needs to sign it is misspelled, like Stewart instead of Stuart, but is signed anyway. Does that misspelled name have any impact on the contract at all?
|
|
#
?
May 27, 2020 23:49
|
|
|
A name misspelling would be an issue if it somehow changed the material terms of the agreement. However a typo of that sort normally would not. Usually in those cases the party crosses out the misspelling and rewrites it in pen A memorandum of agreement will have more information regarding a party than just their name anyway
|
|
#
?
May 27, 2020 23:56
|
|
|
CongoJack posted:Let's say a contract of some kind is written up and needs signed. In the contract the name of the person who needs to sign it is misspelled, like Stewart instead of Stuart, but is signed anyway. Does that misspelled name have any impact on the contract at all? https://en.wikipedia.org/wiki/Scrivener#Doctrine_of_%22scrivener%27s_error%22
|
|
#
?
May 27, 2020 23:57
|
|
|
I would prefer not to recognize this doctrine
|
|
#
?
May 28, 2020 00:22
|
|
|
Devor posted:I would prefer not to recognize this doctrine 
|
|
#
?
May 28, 2020 00:28
|
|
|
How many of you lawyery types aspire to be judges? How many of you are likely to succeed?
|
|
#
?
May 28, 2020 00:43
|
|
|
If you include ALJs and arbitrators as judges there are actually lots of positions
|
|
#
?
May 28, 2020 00:45
|
|
|
Sure. I'm curious as to whether it's like, "the next step" for lawyers who aspire to lawyerly greatness, or more of an unusual prospect that only a minority of lawyers would even want to do. I suppose "become partner at the big law firm" is another lawyer-life-goal but those seem like they might be even rarer than judge jobs?
|
|
#
?
May 28, 2020 00:51
|
|
|
euphronius posted:If you include ALJs and arbitrators as judges there are actually lots of positions Unemployment compensation offices are probably hiring
|
|
#
?
May 28, 2020 00:52
|
|
|
Being a judge is good because they have no clients* and no billable hours. They control their hours of work and schedule. It’s harder because writing opinions can be a bit of a different task than pure advocacy and many times (especially for ALJs) they have no staff at all. Also some ALJs (social security) are completely slammed all the time and micromanaged and that is a horror show. They are great jobs tho overall from what I can tell *arbitrators technically work for the parties I guess (I work with ALJs and arbitrators it’s what I know mostly unless we are doing appeals lmao and appeals judges are probably the best jobs in the world) euphronius fucked around with this message at 01:06 on May 28, 2020 |
|
#
?
May 28, 2020 00:55
|
|
|
euphronius posted:If you include ALJs and arbitrators as judges there are actually lots of positions Ham Equity fucked around with this message at 02:08 on May 28, 2020 |
|
#
?
May 28, 2020 01:05
|
|
|
Thanatosian posted:We have mandatory arbitrations here (Washington state), who wind up largely being plaintiffs' torte attorneys picking up work on the side (it's low but reliable income). Kind of wasteful for the most part, honestly, because they almost always find for the plaintiff for waaaaaaaaayyyyyy more than they're going to get at trial, so it usually ends up getting de novo'd (and then settled before actual trial). I did that starting out too I guess I was referring to the binding arbitration people you get from AAA
|
|
#
?
May 28, 2020 01:07
|
|
|
Leperflesh posted:How many of you lawyery types aspire to be judges? How many of you are likely to succeed? if you're a conservative and willing to put in the about ten years of federalist society trolling to ensure you've burnt your bridges with everyone else, and have a pulse, you can get an appeals court seat anyone else, you're aspiring to maybe a magistrate judge position or a bankruptcy judge position unless you've got hella connections and credentials
|
|
#
?
May 28, 2020 01:11
|
|
|
CongoJack posted:Let's say a contract of some kind is written up and needs signed. In the contract the name of the person who needs to sign it is misspelled, like Stewart instead of Stuart, but is signed anyway. Does that misspelled name have any impact on the contract at all? i wish this was true since MOHELA has never once spelled my name correctly
|
|
#
?
May 28, 2020 01:29
|
|
|
evilweasel posted:if you're a conservative and willing to put in the about ten years of federalist society trolling to ensure you've burnt your bridges with everyone else, and have a pulse, you can get an appeals court seat What about all those elected judge positions? Can't you just wait for your local county judge to retire or die, and then run for the new seat... or, I guess of the 300 people who will bother to vote for a judge, most of them will vote for whoever the political connections/local bar/poo poo local newspaper endorses, yeah?
|
|
#
?
May 28, 2020 01:42
|
|
|
Leperflesh posted:What about all those elected judge positions? Can't you just wait for your local county judge to retire or die, and then run for the new seat... or, I guess of the 300 people who will bother to vote for a judge, most of them will vote for whoever the political connections/local bar/poo poo local newspaper endorses, yeah?
|
|
#
?
May 28, 2020 01:44
|
|
|
The hard part of those is usually the primary. That is normally the contested part. But you have to campaign for the general too if you win the primary. Campaigning twice is very hard and expensive
|
|
#
?
May 28, 2020 01:45
|
|
|
IIRC here in california the judges don't list a party and there's no primary, but probably it's different in every state I guess.
|
|
#
?
May 28, 2020 01:48
|
|
|
Leperflesh posted:How many of you lawyery types aspire to be judges? How many of you are likely to succeed?
|
|
#
?
May 28, 2020 05:14
|
|
|
Leperflesh posted:What about all those elected judge positions? Can't you just wait for your local county judge to retire or die, and then run for the new seat... or, I guess of the 300 people who will bother to vote for a judge, most of them will vote for whoever the political connections/local bar/poo poo local newspaper endorses, yeah? Lmfao elected judges
|
|
#
?
May 28, 2020 08:45
|
|
|
Keep in mind trying to unseat an incumbent judge is hard and if you lose you will never get a fair shake from that judge again (or from the other judges s/he’s friends with). So realistically, only open seats (judge retires, runs for appellate seat, etc.) are ever really available.
|
|
#
?
May 28, 2020 08:56
|
|
|
Is 'ran against the judge in an election' a sufficient conflict of interest to require a different judge or lawyer?
|
|
#
?
May 28, 2020 21:31
|
|
|
If you file that motion and it’s denied what then. Hmmm?
|
|
#
?
May 28, 2020 21:46
|
|
|
Foxfire_ posted:Is 'ran against the judge in an election' a sufficient conflict of interest to require a different judge or lawyer? No.
|
|
#
?
May 28, 2020 21:46
|
|
|
euphronius posted:If you file that motion and it’s denied what then. Hmmm? I've seen that firsthand. It ends up at the appellate court via a request for writ of mandamus.
|
|
#
?
May 28, 2020 23:24
|
|
|
Nice piece of fish posted:Lmfao elected judges
|
|
#
?
May 29, 2020 06:00
|
|
|
So, in my county the school board is a corrupt joke and after paying out the nose for a computer system that never worked correctly it turns out the person who selected that company has personal ties and they pretty much immediately retire. So here's the question: when people gently caress up real bad in a way that can't be ignored, they always seems to retire or take leave. Does this serve as some part of a legal defense or is it 'Id better lay low because everyone hates me right now'?
|
|
#
?
May 29, 2020 19:31
|
|
|
sleepy.eyes posted:So, in my county the school board is a corrupt joke and after paying out the nose for a computer system that never worked correctly it turns out the person who selected that company has personal ties and they pretty much immediately retire. There's lots of different reasons and contexts, but none are a legal defense to individual prosecution of the bad actor. Once they've committed the bad act, it makes no difference that they immediately resigned. Generally reason #1 is as you said, "Time to dip out of the spotlight and see if public attention will move on to something else." The broader issue, particularly when they're part of a board like the school board, or a board of directors, or whatever, is that its much harder to get anything done if that person just sits there and doesn't budge. It invites protests and disruptions of activity, dominates the board's agenda, creates mistrust and angst between board members, and prevents the board's constituency from wanting the board to deal with anything else until they've dealt with that person. If its a board member or officer of a corporation, remaining at your post invites legal action from shareholders to have you removed, which is a drain on resources. In the context of a city (or school board) you may have censure votes (like impeachments) dominating your monthly meetings, and citizens petitioning to speak at every open meeting until they're blue in the face.
|
|
#
?
May 29, 2020 19:55
|
|
|
sleepy.eyes posted:So, in my county the school board is a corrupt joke and after paying out the nose for a computer system that never worked correctly it turns out the person who selected that company has personal ties and they pretty much immediately retire. it's an institutional defensive strategy like a lizard shedding its tail. "look the problem is gone" and business can continue as usual. usually whoever's taking a fall/leaving has a pretty sweet compensation package waiting for them
|
|
#
?
May 29, 2020 20:01
|
|
|
sleepy.eyes posted:So, in my county the school board is a corrupt joke and after paying out the nose for a computer system that never worked correctly it turns out the person who selected that company has personal ties and they pretty much immediately retire. See Kelly v. United States, 590 U.S. 18-1059 (2020)
|
|
#
?
May 29, 2020 21:31
|
|
|
If someone were to buy a house in MA right now, and took possession of the house with a mechanic currently renting the garage on a month-to-month basis, and the mechanic renting the garage says they are only using it to work on cars and not living there, can the owner give a 30 day notice to vacate during COVID? The person renting the garage actually said "yeah, I'm not living here, go ahead and bring me a 30 day notice to vacate on Monday so we have it in writing". Want to make sure someone's not walking into a trap where the renter sneaks a mattress into the garage and the new owner gets hosed by the state. edit: also there's no registered business there or anything either, the guy had a verbal contract with the previous owners that he's renting it as storage. Zero VGS fucked around with this message at 04:43 on May 30, 2020 |
|
#
?
May 30, 2020 04:12
|
|
|
Zero VGS posted:If someone were to buy a house in MA right now, and took possession of the house with a mechanic currently renting the garage on a month-to-month basis, and the mechanic renting the garage says they are only using it to work on cars and not living there, can the owner give a 30 day notice to vacate during COVID? Assuming there are no COVID-19 restrictions on non-renewal of non-residential rentals, check with your lawyer about whether someone could just put that in the notice to vacate "Understanding that this is not a residential rental covered by [city/county/state's] COVID-19 protections, blah blah blah"
|
|
#
?
May 30, 2020 04:50
|
|
|
In my state judges are appointed. The best way to become a judge is to to be related to a legislator. We also don't require a law degree to be a magistrate judge, just a college diploma. One judge I regularly appear before is a former cosmetologist. One of her regular clients was a state senator.
|
|
#
?
May 30, 2020 05:02
|
|
|
There isn’t any different between elected and appointed judges
|
|
#
?
May 30, 2020 05:07
|
|
|
euphronius posted:There isn’t any different between elected and appointed judges Two letters surely.
|
|
#
?
May 30, 2020 05:17
|
|
|
|
| # ? May 19, 2024 06:53 |
|
|
Hieronymous Alloy posted:One judge I regularly appear before is a former cosmetologist. One of her regular clients was a state senator. So how much better than the law degree judges is she? I'm gonna guess she's at least twice as good a judge.
|
|
#
?
May 30, 2020 07:27
|
|