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fordan
Mar 9, 2009

Clue: Zero

nm posted:

Charging for cost of jail is legal. Is $1300 legal though? I don't know, seems extremely expensive.

All that pink underwear for the prisoners and surplus and spoiled food isn't going to pay for itself!

(Avondale is in Maricopa County, home of the relatively famous "America’s Toughest Sheriff" Joe Arpaio)

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Dudebro
Jan 1, 2010
I :fap: TO UNDERAGE GYMNASTS
I didn't get an answer in the stupid/small questions thread so I thought I'd ask here.

Two questions:

1. I'm wondering why a large company needs in-house counsel and outside counsel? What would each group handle? I'm assuming that in-house counsel handles issues that arise within the company and outside counsel (who may or may not be on retainer) handles lawsuits filed by another company against the company in question, for example. But of course, it's more complicated than this.


2. Can someone explain the meaning (origin) of the words "Judge Advocate General" to me? I don't quite understand what judge and general are referring to. It's my understanding that the Judge Advocate General (TJAG) is like the Attorney General. General isn't referring to rank although the JAG is a general of some kind, historically and in practice.

In a court martial, would the person being tried have a judge advocate or just defence counsel? And the prosecuting side is always a judge advocate? Are judge advocates analogous to assistant DAs?

And also why "judge advocate" and not just advocate? Does judge advocate only refer to the person judging in a court martial? The superintendent, so to speak, and not just to any officer member of the JAG Corps?

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Dudebro posted:

2. Can someone explain the meaning (origin) of the words "Judge Advocate General" to me? I don't quite understand what judge and general are referring to. It's my understanding that the Judge Advocate General (TJAG) is like the Attorney General. General isn't referring to rank although the JAG is a general of some kind, historically and in practice.
I'm not sure about the origins of 'judge advocate' but Judge Advocate General, Surgeon General, Attorney General, and Solicitor General use the word 'general' the same way - to indicate general, as in all-encompassing, power over a subject - a simpler way would be to read it as 'chief' or 'highest ranking' (and it always involves a public/governmental, rather than private position)
:eng101: The construction is borrowed from the English who borrowed it from French, hence the strange 'subject first, then adjective' format. 'General' came to be a military term in the same fashion using the same construction, beginning as 'Captain General.'

Dudebro posted:

In a court martial, would the person being tried have a judge advocate or just defence counsel? And the prosecuting side is always a judge advocate? Are judge advocates analogous to assistant DAs?
Nowadays, 'Judge Advocate' means exactly 'a lawyer who is a military officer' (except the Marines and the Coast Guard, who are 'military officers who are lawyers') All judge advocates are lawyers. Since 1969, defense counsel have been required to be judge advocates (lawyers), so the person being tried has a defense counsel who is a judge advocate. The prosecuting side does not have to be a judge advocate, but in practice they always are. A judge advocate who has been assigned to be a trial counsel (prosecutor) is analogous to an ADA.

Dudebro posted:

And also why "judge advocate" and not just advocate? Does judge advocate only refer to the person judging in a court martial? The superintendent, so to speak, and not just to any officer member of the JAG Corps?

I don't know why 'judge advocate.' Today, 'judge advocate' means 'military lawyer' which would include the judge, defense counsel and (almost always) trial counsel (prosecutor) in a court-martial. At different times during his or her career, a judge advocate could be assigned to be a judge or a defense counsel or a prosecutor (or labor lawyer or municipal lawyer or environmental lawyer or law of armed conflict lawyer or you name it lawyer)
Back before 1951, 'trial judge advocate' meant 'prosecutor' - who didn't have to be a lawyer. The members of the court (jury) didn't have to be lawyers (nor did there have to be 12 of them) . There was no judge. There was a 'law officer' who was supposed to advise the members on the law, so he was sort of analogous to a judge, but he didn't have to be a lawyer either.
e:and these courts could sentence you to death.

joat mon fucked around with this message at 12:31 on Nov 22, 2011

Ashcans
Jan 2, 2006

Let's do the space-time warp again!

Dudebro posted:

I didn't get an answer in the stupid/small questions thread so I thought I'd ask here.

Two questions:

1. I'm wondering why a large company needs in-house counsel and outside counsel? What would each group handle? I'm assuming that in-house counsel handles issues that arise within the company and outside counsel (who may or may not be on retainer) handles lawsuits filed by another company against the company in question, for example. But of course, it's more complicated than this.

A company is likely to have in-house counsel to handle legal matters that they deal with as part of their regular business practice, but those lawyers may not be best suited to handle other legal matters that might pop up. So they retain outside counsel that is specialized in that area when they need it.

For example, a company might have in-house counsel to deal with contract issues they face regularly. Maybe they do a ton of research and so they have in-house counsel to do patents/IP stuff. But they may retain an outside firm to handle immigration matters or I-9 compliance, because their patent lawyer isn't really capable to do this (and is also presumably busy with his own work). But you might only have an immigration situation once every few years, so its not worth having in-house immigration counsel.

Also I am not a lawyer, but this is the way I have seen it handled.

Lord Twisted
Apr 3, 2010

In the Emperor's name, let none survive.
Question for UK speakers of legalese.

I'm a Assured Shorthold Tenant in a flat in north London, and me and my flatmates (students...) had a series of parties in October. We forewarned our neighbours and the landlord before each one (posters, letters, actual face-to-face contact) and recieved a grand total of one official complaint from a neighbour via text, which resulted in us immediately ending the party, with him being satisfied and not having any further problems.

The Landlord is now issuing us with an eviction notice, on the grounds that him telling his cousins who work in a local shop to tell us to "keep the noise down" is an official complaint which we did not heed. We've never actually met the guy, and after talking to these relatives from the shop they always said it seemed OK that we were talking to the neighbours. As far as we knew the noise complaints had stopped, so surely there was no problem?

Apparantly "loads and loads" of people have complained, yet after asking 6 times (letter, phone call, 4 face to face meetings in this shop) they refuse to tell us who has complained as it "doesn't matter."

So goons, now I face an eviction in 2 months. Me and my flatmates have put together a dossier of evidence of our letters, emails and contact with neighbours etc, but the real question is can the landlord just ignore ALL of this and push on with an eviction, or are we actually able to take him to court?

PS: We also have evidence that the estate agent intermediary have been ignoring our emails about routine flat damage (leaky pipes) and didn't have the flat professionally cleaned before we moved in, despite claiming to.

Sorry for the wall of text, just been a long day.

Alchenar
Apr 9, 2008

He can't evict you without going to court. Keep your poo poo in order. Tell your landlord that you dispute the validity of the eviction notice and will not be moving out unless he obtains a posession order.

Need more detail to be more specific. Have a look here: http://www.daventrydc.gov.uk/advice-and-benefits/housing-advice/housing---private-tenants---advice-and-support/eviction-process/

Lord Twisted
Apr 3, 2010

In the Emperor's name, let none survive.
The estate agents told us there were no grounds for appeal... We have pictures, emails, SMSs with neighbours...

I think we'll be alright but it's still nerve wracking. He also has delayed repairs because he was planning this - is that illegal?

EDIT: I should clarify, the estate agents appear to have LIED to us about there being no grounds for appeal. We're going to recieve the notice tomorrow...

Lord Twisted fucked around with this message at 21:34 on Nov 22, 2011

Dudebro
Jan 1, 2010
I :fap: TO UNDERAGE GYMNASTS
Thanks for the JAG and in-house/outside counsel answers. Although I'm still going to ask anyone IRL who might know about the "judge" thing.

prussian advisor
Jan 15, 2007

The day you see a camera come into our courtroom, its going to roll over my dead body.

nm posted:

Charging for cost of jail is legal. Is $1300 legal though? I don't know, seems extremely expensive.

Does your state do this? Mine does (it's statutorily set at $50/day,) but it's totally at the judge's discretion.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

prussian advisor posted:

Does your state do this? Mine does (it's statutorily set at $50/day,) but it's totally at the judge's discretion.
Depends on the county. It is a civil debt though.

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Dudebro posted:

Thanks for the JAG and in-house/outside counsel answers. Although I'm still going to ask anyone IRL who might know about the "judge" thing.

Winthrop has spoken:







Winthrop is to military law as Blackstone is to the common law - so now you know as much about the origins of 'judge advocate' as pretty much anyone IRL.

Ditch
Jul 29, 2003

Backdrop Hunger
I have a great-grandmother born in the late 1800s, who was adopted in Buffalo. She was probably born there, and the rumor within the family is that she was adopted by an aunt and uncle. As someone who is interested in my heritage, I'd like to know her background. The adoption record is sealed.

How hard would it be to get the adoption record unsealed? Is it something an amateur (me) could pull off in spare time, or are we talking about work for a proper law-school grad who deserves way more money than I care to shell out?

Incredulous Red
Mar 25, 2008

Ditch posted:

I have a great-grandmother born in the late 1800s, who was adopted in Buffalo. She was probably born there, and the rumor within the family is that she was adopted by an aunt and uncle. As someone who is interested in my heritage, I'd like to know her background. The adoption record is sealed.

How hard would it be to get the adoption record unsealed? Is it something an amateur (me) could pull off in spare time, or are we talking about work for a proper law-school grad who deserves way more money than I care to shell out?

Assuming you've located the record, have you called whoever is holding it to see what kind of steps you'd need to take to unseal it?

E: Also, how do you know the adoption record is sealed? My understanding is that a lot of formalized adoption procedures weren't in place until maybe as late as the 1920s, and otherwise adoptions would go through agencies or the like rather than necessarily a court

Incredulous Red fucked around with this message at 11:36 on Nov 23, 2011

Ditch
Jul 29, 2003

Backdrop Hunger
I contacted someone at the records office a few years ago, and was told there needed to be a court order or some such. At that point I gave up, but now I'm wondering how tough it would actually be. Can't hurt to ask!

edit: Here's the form I need to fill out:
http://www.courts.state.ny.us/forms/surrogates/adoption/adop27-A.pdf

The person at the Erie County Surrogate Court said that there needs to be a compelling cause, for instance needing medical info.

Ditch fucked around with this message at 17:32 on Nov 23, 2011

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
I'm pretty sure it would be up to a judge, but the judge would probably consider genealogical research to be a compelling reason, especially since all the people directly involved are long dead. Fill out the form and send it in.

Incredulous Red
Mar 25, 2008

Ditch posted:

I contacted someone at the records office a few years ago, and was told there needed to be a court order or some such. At that point I gave up, but now I'm wondering how tough it would actually be. Can't hurt to ask!

edit: Here's the form I need to fill out:
http://www.courts.state.ny.us/forms/surrogates/adoption/adop27-A.pdf

The person at the Erie County Surrogate Court said that there needs to be a compelling cause, for instance needing medical info.

I think you should call back and reverify with the records office, and clarify how and why an adoption record from the 1800s is sealed.

Other than that, fill out the forms. Genealogical research is probably a compelling reason seeing that with such an old record, individual privacy concerns are likely moot.

You could always argue that you're doing genealogical research to prevent future consanguineous marriage...

BonerGhost
Mar 9, 2007

Does consanguineous marriage even matter if the ancestor is from 200 years ago?

baquerd
Jul 2, 2007

by FactsAreUseless

NancyPants posted:

Does consanguineous marriage even matter if the ancestor is from 200 years ago?

No, ultimately (almost?) all marriages are consanguinous.

Ditch
Jul 29, 2003

Backdrop Hunger
I found a four-generations-apart marriage in my family tree, which isn't really enough to be inbreeding, but is still really creepy. But it was a long time ago so there were fewer people around and it's understandable. I doubt that would be compelling. I hope geneaology is.

Would "wanting info for medical reasons" be worth bringing up? I have one uncle with Parkinson's and another with diabetes, out of three children my grandparents had. I think it would be nice to know where 1/8th of my DNA came from. Of course, an actual DNA test would probably do a better job of that so maybe it should be left out?

Foma
Oct 1, 2004
Hello, My name is Lip Synch. Right now, I'm making a post that is anti-bush or something Micheal Moore would be proud of because I and the rest of my team lefty friends (koba1t included) need something to circle jerk to.

Dudebro posted:

I didn't get an answer in the stupid/small questions thread so I thought I'd ask here.

Two questions:

1. I'm wondering why a large company needs in-house counsel and outside counsel? What would each group handle? I'm assuming that in-house counsel handles issues that arise within the company and outside counsel (who may or may not be on retainer) handles lawsuits filed by another company against the company in question, for example. But of course, it's more complicated than this.


I work for a large company, and our lawyers don't do much lawyering, they advice and consult, then manage the lawsuits. Outside counsel for the most part does all the case work. They do negotiations and cease and desist stuff in house. I think the contract work is done in house as well.

randomidiot
May 12, 2006

by Fluffdaddy

(and can't post for 11 years!)

Ditch posted:

I found a four-generations-apart marriage in my family tree, which isn't really enough to be inbreeding, but is still really creepy. But it was a long time ago so there were fewer people around and it's understandable.

You may have heard the name Franklin Roosevelt? You know, the 32nd president of the US?

He married his 5th cousin.

Leif.
Mar 27, 2005

Son of the Defender
Formerly Diplomaticus/SWATJester

Dudebro posted:

Thanks for the JAG and in-house/outside counsel answers. Although I'm still going to ask anyone IRL who might know about the "judge" thing.

Gonna sperg for a sec but two things --

1) The "judge" part is because in military tribunals, JAGs act as judges. The term JAG identifies their both judgmental and advocacy roles.

2) In all the cases mentioned earlier (Judge Advocate General, Attorney General, Surgeon General, etc.), you may want to note that the plural of these terms always affects the first part of the title, not the second. So for instance, the plural of attorney general is "attorneys general." Similar to how the plural for Sergeant Major is "Sergeant's Major". This is because the word "general" is not referring to a rank, but a scope of practice. Contrast to the military rank of Lieutenant General, which refers to the rank and is pluralized as "Lieutenant Generals".

Solomon Grundy
Feb 10, 2007

Born on a Monday

Ditch posted:

I found a four-generations-apart marriage in my family tree, which isn't really enough to be inbreeding, but is still really creepy. But it was a long time ago so there were fewer people around and it's understandable. I doubt that would be compelling. I hope geneaology is.

Would "wanting info for medical reasons" be worth bringing up? I have one uncle with Parkinson's and another with diabetes, out of three children my grandparents had. I think it would be nice to know where 1/8th of my DNA came from. Of course, an actual DNA test would probably do a better job of that so maybe it should be left out?

You can certainly make that argument, but I am not sure how persuasive it would be, because if the birth parents lived in the 1800's there is likely little medical information available. I pulled death certificates on some of my relatives who died around the turn of the century, and the causes of death were things like "premature old age" and "women's disease," whatever those conditions are.

njbeachbum
Apr 14, 2005

Dudebro posted:

I didn't get an answer in the stupid/small questions thread so I thought I'd ask here.

Two questions:

1. I'm wondering why a large company needs in-house counsel and outside counsel? What would each group handle? I'm assuming that in-house counsel handles issues that arise within the company and outside counsel (who may or may not be on retainer) handles lawsuits filed by another company against the company in question, for example. But of course, it's more complicated than this.


I work at a large university and have a lot of interaction with our general counsel's office (our in house counsel) and I asked this question once. Our GC put it this way: He and his associate GC are like your family doctor. They can handle most of the stuff you need a lawyer for on a daily basis (contracts, empty threats of lawsuits, response to letters from other lawyers, etc.) But sometimes something comes up and they need a specialist. For instance when a law suit moves past the letters phase into actual discovery or depositions, then they use outside counsel (usually a large firm) that has lawyers that specialize in what needs to be done. He said that outside counsel is like having your family doctor referring you to an oncologist or some other specialist.

Incredulous Red
Mar 25, 2008

njbeachbum posted:

I work at a large university and have a lot of interaction with our general counsel's office (our in house counsel) and I asked this question once. Our GC put it this way: He and his associate GC are like your family doctor. They can handle most of the stuff you need a lawyer for on a daily basis (contracts, empty threats of lawsuits, response to letters from other lawyers, etc.) But sometimes something comes up and they need a specialist. For instance when a law suit moves past the letters phase into actual discovery or depositions, then they use outside counsel (usually a large firm) that has lawyers that specialize in what needs to be done. He said that outside counsel is like having your family doctor referring you to an oncologist or some other specialist.

It's fair to point out that for privilege purposes in house counsel represent the organization, not you.

nern
Oct 29, 2005

RIDE RIDIN LIKE THE DEMON INSIDE YOUR DREAMS
Okay, so I am looking to file an uncontested divorce. We have a 9 year old daughter and have been split up for something like 8 years. I live in Rhode Island, my daughter lives with my mom in NY, and she lives in Kentucky. All the custody stuff has been determined in NY Family Court and we have no joint assets to divide. My question has to do with residency requirements. In Rhode Island, to file for a divorce you must have been a resident of the state for a year, I just moved here from 45 minutes away in MA 4 months ago. So, I guess I cannot file for a divorce in RI. Now, it seems like only one party need fulfill the residency requirements to file for a divorce in Kentucky, but I am not sure how I would go about filing the divorce from afar. Surely its not possible to be in a situation where I simply COULDN'T file for a divorce. I am just not sure how to go about filing. It will be uncontested and all the big stuff is already decided or already established, but I am just not sure about the venue.

entris
Oct 22, 2008

by Y Kant Ozma Post

nern posted:

Okay, so I am looking to file an uncontested divorce. We have a 9 year old daughter and have been split up for something like 8 years. I live in Rhode Island, my daughter lives with my mom in NY, and she lives in Kentucky. All the custody stuff has been determined in NY Family Court and we have no joint assets to divide. My question has to do with residency requirements. In Rhode Island, to file for a divorce you must have been a resident of the state for a year, I just moved here from 45 minutes away in MA 4 months ago. So, I guess I cannot file for a divorce in RI. Now, it seems like only one party need fulfill the residency requirements to file for a divorce in Kentucky, but I am not sure how I would go about filing the divorce from afar. Surely its not possible to be in a situation where I simply COULDN'T file for a divorce. I am just not sure how to go about filing. It will be uncontested and all the big stuff is already decided or already established, but I am just not sure about the venue.

Give us more information about the bolded information - if you have a court involved already, then trying to file for divorce in another state is probably the wrong thing to do.

What were the proceedings in NY Family Court? When you say custody has already been determined, does that mean that someone already filed for divorce in NY? Has a divorce decree been entered?

Choadmaster
Oct 7, 2004

I don't care how snug they fit, you're nuts!
A friend of mine was in a car accident yesterday and it's proving to be far more complex than any I've ever been in so I'm out of advice. I've already told him and his dad they should get a lawyer, so hopefully they will do so. In the mean time, I'm hoping to get some general idea about what could/should happen from this point.

He's had his car and license for barely a month (he's 16) but fortunately this accident was 100% not his fault (hopefully the police report reflects this properly). His dad was a passenger in his car. They were driving out of town on their way to visit family for thanksgiving.

At some point, two freeways joined together, putting a semi truck in a new lane on his left (he was previously in the leftmost lane). He was right in this truck's blind spot, and as he started pulling forward to exit the blind spot, the truck changed lanes into him (when it started, he said to his dad "drat that truck is getting awfully close!" and sped up a bit). It hit them on rear driver's side trunk area, spun his car around and across three entire lanes of freeway traffic until they impacted the guardrail (if it had t been light thanksgiving day traffic, they probably would have hit multiple other cars and been seriously hosed). The CHP described this later as "just like a pit maneuver" (hopefully this is a good sign the police report will be in his favor).

The truck stopped a quarter mile away and the guy walked back to their car to see if they were okay. He said at one point "I guess I didn't see you there" but almost immediately changed his story to "you must have turned into me."

The CHP showed up almost instantly and talked to the trucker first. Then they talked to him. While they were talking to him, the trucker walked back to his truck and drove away. There had been no opportunity to view the damage to the truck or get the guy's insurance information (!!) so he doesn't have that info at all (hopefully it is in the police report). He did get the guy's name and license plate number.

They went to the hospital ER immediately afterward. He suffered minor injuries and his dad suffered non-life-threatening injuries that are going to keep him from driving for a couple weeks and prevent the family from going on a pre-planned outbacking trip to Australia in three weeks.

His car is totaled, and his dad cannot drive him to/from school now (they live outside the busing area too). Likely I'm going to have to do this (and I bloody hate to wake up at 7 am). He cannot rent a car, because every rental place he's called has basically laughed in his face as soon as he said he's 16.

He was driving a cheap used car, so he did not have comprehensive coverage. As a result, his insurance company told him this morning that they will have nothing whatsoever to do with this issue. He needs to contact the trucker's insurance company, but the trucker left without giving insurance info. He has tried to contact CHP, but they are "closed" for the holidays (wtf??).

So, a few questions:
Ultimately if he gets the other guy's insurance to admit fault, they would be responsible for rental car fees, etc., but he can't rent a car! How will he go about getting reimbursed for "a family friend had to drive me around for three solid weeks"?

His car got towed to a yard (remember this is all out of town, 100+ miles away). This is costing him money every day he keeps it there. At first I suggested selling it to a scrap yard (it is clearly, without question, totaled. We have photos and videos.) but someone else suggested it would be necessary to keep it in order that it can be examined closely by adjusters or investigators. This makes sense. If he keeps paying the impound fees, is this something he will get reimbursed for? If not, he'll have to have it towed all the way here and then likely store the loving thing in my driveway (their apartment won't allow it there).

Obviously in addition to the injuries and general pain in the rear end this situation is, it ruined their thanksgiving and their upcoming vacation. If they sue over this, is that something the trucker's insurance company would pay out, or would they have to sue the guy directly (I don't see much likelihood the trucker has much ability to pay).

If (yeah this drat well should be WHEN) they get a lawyer, does the lawyer do any investigating or should they gather as much info as they can themselves? Specifically, would the lawyer have some way of digging up that guy's insurance information, or do they need to track it down on their own? (I assume the latter.

Thanks. I know a lot of these aren't specifically legal questions. I'd just like to know as much as possible at the start of this process so that we don't overlook anything!

Shivers McGee
Jan 2, 2006
Posted this in automotive insanity but thought it might be better in here.

I live in Utah. Last week I went down to a car dealership to check out a new jeep and succumbed to the pressure and bought it. They lied to me on the msrp telling me it was $2k more than it actually is so I thought I was getting a deal. Yes, should have researched it first. I signed the contract of sale and a retail installment contract and they said they'd pick up the car the next day (it was at another dealership), and I'd bring in the down payment ($15,000 on a $24,000 car). Which is high and now I realize they also bamboozled me with my credit, saying I could only qualify if I put a lot down and that I was a first time buyer and had to get a high rate. But my credit score is between 689 - 732 based on the 3 companies.

That night I realize I've been had when I find out the actual msrp. The next morning I call the salesman that sold it to me, telling him I didn't want the car and not to pick it up and why. Monday I get a call: we have your car, please come get it and pay us what you owe. However, I never gave them the down payment and never took the car. I haven't even seen the actual car.

I'm hoping I can get out of this but they say the deal is done, and if I don't do it vague threats of LEGAL ACTION, etc. They've also said the car they have for me now is even better than the one I signed on, trying to get me to come back, which I'm avoiding like the plague.

Most people are saying I should be fine if I just ignore them, and that they can't/probably won't do anything since the car never left their possession. But it would be good to get the legal side of it from an official lawyerin' guy. I have copies of the contracts if anyone wants.

Shivers McGee fucked around with this message at 11:06 on Nov 26, 2011

Mef989
Feb 6, 2007




Real quick question. A friend of mine and I got stopped last night for carrying open beers while walking down a sidewalk. The cops had us poor them out, asked if we were both over 21 (which we are), before taking our IDs and asking if either of us had any warrants out for us. Neither of us do and we both said no. They then said that open containers are a $100 fine, and gave reasons for the law. They asked us a few questions more like where we were heading, and how far we'd been walking. One of the officers went back to the vehicle (I assume to run our IDs), then handed them back to us, and let us go.

My question is, since they didn't say we were getting any citations, and just let us go like that, did we get out of this with nothing, or should I be expecting something in the mail? I'm in Washington state if that means anything.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."
You almost certainly got off with a warning.

Manwithastick
Jul 26, 2010

Ok UK legal goon question here:


I joined a gym in september with my wife. First month was fine and they took payment and we attended regularly. Last month (october) there was IT problem at the gym and my direct debits were broke for all members (I got a email about it). Then I had tons of problems (my trainer was always off, I couldnt book a tennis lesson for my son and my ID would never work). After a month of fobbing off from the counter staff, I went in and complained to the manager and said this wasnt acceptible to the manager who told me it was all resolved and heres a free tennis lesson to apologise.

This month I get a email saying my account is arrears because I havent paid it, bear in mind my bank account is never touched by anything other than the gym payments (its my joint account where I keep my savings)and the only withdraw since sepetember has been that single payment to the gym. The account definatly has the money to pay the gym (checked it 4 minutes ago)

I went in person today to say how unhappy I was again - being threatened with legal preceedings will do that, they fobbed me off with "I'll give you a call later". Planning to go again tomorrow where I will say I want my contract cancelled - where do I stand legally?

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat
Washington state goon here. I've been a big brother in Big Brothers Big Sisters for a couple years now. When I first started, my little's mother signed a permission form giving us permission to do activities together. Recently, an opportunity came for us to do a helicopter tour of my city, and my little's mother thought it was a great idea and was happy to let her son go. However, BBBS wants me to sign a "high risk" activity form before we go.

My concern is that by signing the form, I would be agreeing that I would be taking him on a risky activity. I fly in helicopters frequently for my work, so I in no way think it is a risky activity. And even though the mother would also be signing the form giving permission, I'm worried that by signing it, it could leave me with greater liability in the off chance there was an incident.

Am I making too much of it, or is it something I should be concerned about signing?

Elector_Nerdlingen
Sep 27, 2004



Shivers McGee posted:

Posted this in automotive insanity but thought it might be better in here.

I live in Utah. Last week I went down to a car dealership to check out a new jeep and succumbed to the pressure and bought it. They lied to me on the msrp telling me it was $2k more than it actually is so I thought I was getting a deal. Yes, should have researched it first. I signed the contract of sale and a retail installment contract and they said they'd pick up the car the next day (it was at another dealership), and I'd bring in the down payment ($15,000 on a $24,000 car). Which is high and now I realize they also bamboozled me with my credit, saying I could only qualify if I put a lot down and that I was a first time buyer and had to get a high rate. But my credit score is between 689 - 732 based on the 3 companies.

That night I realize I've been had when I find out the actual msrp. The next morning I call the salesman that sold it to me, telling him I didn't want the car and not to pick it up and why. Monday I get a call: we have your car, please come get it and pay us what you owe. However, I never gave them the down payment and never took the car. I haven't even seen the actual car.

I'm hoping I can get out of this but they say the deal is done, and if I don't do it vague threats of LEGAL ACTION, etc. They've also said the car they have for me now is even better than the one I signed on, trying to get me to come back, which I'm avoiding like the plague.

Most people are saying I should be fine if I just ignore them, and that they can't/probably won't do anything since the car never left their possession. But it would be good to get the legal side of it from an official lawyerin' guy. I have copies of the contracts if anyone wants.

I don't quite understand this, the car they're now offering to you is not the car you signed for? If that's the case, I'd guess you're fine. I doubt you signed anything that said you were paying X dollars "for a jeep or something, could be black or whatever and might have options, I dunno", which I don't think could be a binding contract anyway.

Also, if the "too high" MSRP is in the contract you signed, I guess you could argue that you were misled if they ever bothered taking you to court, which I doubt they will.

Incredulous Red
Mar 25, 2008

dvgrhl posted:

Washington state goon here. I've been a big brother in Big Brothers Big Sisters for a couple years now. When I first started, my little's mother signed a permission form giving us permission to do activities together. Recently, an opportunity came for us to do a helicopter tour of my city, and my little's mother thought it was a great idea and was happy to let her son go. However, BBBS wants me to sign a "high risk" activity form before we go.

My concern is that by signing the form, I would be agreeing that I would be taking him on a risky activity. I fly in helicopters frequently for my work, so I in no way think it is a risky activity. And even though the mother would also be signing the form giving permission, I'm worried that by signing it, it could leave me with greater liability in the off chance there was an incident.

Am I making too much of it, or is it something I should be concerned about signing?

What does the form say

Alchenar
Apr 9, 2008

dvgrhl posted:

Washington state goon here. I've been a big brother in Big Brothers Big Sisters for a couple years now. When I first started, my little's mother signed a permission form giving us permission to do activities together. Recently, an opportunity came for us to do a helicopter tour of my city, and my little's mother thought it was a great idea and was happy to let her son go. However, BBBS wants me to sign a "high risk" activity form before we go.

My concern is that by signing the form, I would be agreeing that I would be taking him on a risky activity. I fly in helicopters frequently for my work, so I in no way think it is a risky activity. And even though the mother would also be signing the form giving permission, I'm worried that by signing it, it could leave me with greater liability in the off chance there was an incident.

Am I making too much of it, or is it something I should be concerned about signing?

If you actually believed it was in no way it is a risky activity then you wouldn't be concerned about signing the form :smug:

Seriously, what does it say?

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

Alchenar posted:

If you actually believed it was in no way it is a risky activity then you wouldn't be concerned about signing the form :smug:

Seriously, what does it say?

Here's the text of the form, it's pretty basic:

quote:

Prior to outings, the Big Brother/Big Sister must provide the parent or guardian with the details of the activity. For activities which may be considered "high-risk", it is particularly important that the idea be discussed with the parent/guardian prior to any plans being made for the activity. The parent/guardian must also give permission to the Big Brother/Big Sister and to the Big Brothers Big Sisters agency.

By signing this form, the parent/guardian gives permission for the match to participate in whichever activities are checked below. Furthermore, the parent/guardian also grants the agency permission to approve such activities for the match in the future unless parent/guardian permission is clearly revoked.

I know it's probably pretty straight forward and ok, but since I don't actually think we'd be doing something risky I just feel hesitant to sign something that would be implying that I agreed it was risky. I'm not typically super-paranoid, this is just one area of my life where I am a little more cautious than I would otherwise feel the need to be. Thanks for any insight.

dvgrhl fucked around with this message at 19:15 on Nov 29, 2011

Alchenar
Apr 9, 2008

dvgrhl posted:

Here's the text of the form, it's pretty basic:


I know it's probably pretty straight forward and ok, but since I don't actually think we'd be doing something risky I just feel hesitant to sign something that would be implying that I agreed it was risky. I'm not typically super-paranoid, this is just one area of my life where I am a little more cautious than I would otherwise feel the need to be. Thanks for any insight.

That looks more like it's just the agency covering themselves from rogue Big Brother/Sisters who go off and do dangerous poo poo. You just have to be sure whenever you are doing anything high risk to fully explain and get consent from the parents.

CombatMedic
Feb 26, 2004

ANUDDAH SUCCESSFOOL PRECEEDJUH!
-

CombatMedic fucked around with this message at 01:27 on Dec 1, 2011

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Incredulous Red
Mar 25, 2008

dvgrhl posted:

Here's the text of the form, it's pretty basic:


I know it's probably pretty straight forward and ok, but since I don't actually think we'd be doing something risky I just feel hesitant to sign something that would be implying that I agreed it was risky. I'm not typically super-paranoid, this is just one area of my life where I am a little more cautious than I would otherwise feel the need to be. Thanks for any insight.

My instinct is that you're not admitting that the activity is inherently high risk. It's just not finger painting or a day hike

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