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Volmarias
Dec 31, 2002

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lifts cats over head posted:

To anyone's knowledge is there a law relating to rent payments being reported to credit bureaus? The rational to this is that people often pay rent consistently for years but it may not reflect on their credit the way a mortgage would. I've done some research and it seems landlords can report this if they want but it's not mandatory and a person isn't able to report their own consistent rent payments. I'm sure this varies by state. If no such law exists I'm seriously considering contacting my state representative.

The difference is that you're borrowing money for the mortgage, so it shows that you're good at paying back the credit extended. Rent is just a monthly bill for something you're leasing. It's not a bad idea but it's like requesting that the electric company also show that you pay your bills on time.

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Volmarias
Dec 31, 2002

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What happens if the plaintiff or defendant is themselves a lawyer

Volmarias
Dec 31, 2002

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Alchenar posted:

then they have a fool for a client

When do they not though? :thunk:

Volmarias
Dec 31, 2002

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Arcturas posted:

That must be a really state-specific difference, then. I think in most states premiums are effectively tied to claims - there was a This American Life about California premiums and fraudulent claims putting employers out of business, and some random jerk in this article from eight years ago says that a claim will raise the employer's premiums by $4,000 to $7,000 over the next three years. Since that's about what a paid-out claim will pay...

If that's what a paid out claim will pay they should self insure since they're still on the hook for the full amount plus the monthly premium

Volmarias
Dec 31, 2002

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"I'm not guilty but I'm not stupid"

Volmarias
Dec 31, 2002

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Devor posted:

People with full on bankruptcies can get clearances depending on the circumstances.

Look at this trainwreck of family issues, failure to file tax returns, bankruptcy and more:

https://ogc.osd.mil/doha/industrial/2019/18-02914.h1.pdf

Was going to post the clearance appeals site too. They're only looking for evidence that you can be blackmailed, a billing fuckup is unlikely to do that especially if you have evidence of savings etc

Volmarias
Dec 31, 2002

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Leviathan Song posted:

IANAL but this is terrible advice. Some of the people you see in those adjudications have spent months or even years out of work while that process works it's way through the system. Even if you succeed at adjudication, it can absolutely be a career ender because you miss key promotion timelines or duties. Do what you can to keep your credit squeaky clean.

Ok, that's a reasonable point. Advice retracted!

Volmarias
Dec 31, 2002

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You got legal advice, it was "Don't make a public post on a comedy web forums that could be used against you if there's a legal action, get an actual lawyer dummy"

Volmarias
Dec 31, 2002

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TheParadigm posted:

I understand that us contract law always gives you an opportunity to cross out things in a contract you don't agree with by making counter offers. You can always take a sharpie and void things you don't agree with.
For example, microsoft(disney too?) was famous for a while for putting clauses in work contracts that they own the intellectual property for all your off the clock work (and sometimes, past creations entirely)

This is every major tech company, if you don't strike this provision you have to petition them to work on your own open source projects. It sucks and it's just the state of the industry in hell world.

quote:

Can you insist all paperwork be printed and sign in person?
What is your recourse if they say no?

Basically, how do you deal with that sort of... what? Off the bat advantage taking?
And to clarify, I don't mean EULAS, but the sort of 'digital HR' where hiring stuff is all online or agreements need to be made to proceed.

You don't work there, then.

They're free to offer terms, you're free to say no or counter offer, they're free to decline or accept counter offers. If you can't get a better hiring discussion than "well that's the online portal, I can't really change that" then they don't think that you're important enough to bother negotiating with. It's a take it or leave it offer at that point.

Volmarias
Dec 31, 2002

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Outrail posted:

If it's a simple court appearance you should be able to skype or FaceTime in with an approved app.

Doctors can prescribe meds over the internet, why can't you get justice* in the same way.

*lol

Sure, you can use the state of the art video conferencing software the court installed, if you're rich enough for a computer that will do it, you just need Macromedia Flash, Internet Explorer 6, and Windows 98 or better. Netscape is not supported, and your monitor must be 800x600. Sorry, 1024x768 is NOT supported, and the court system cannot provide any technical support.

Volmarias fucked around with this message at 01:20 on Dec 15, 2019

Volmarias
Dec 31, 2002

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bird with big dick posted:

Wait a minute, are you a lawyer?

If you're a lawyer you have to say yes, it's the law

Volmarias
Dec 31, 2002

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You're paying them in warm fuzzies though, it's still a transaction.

Volmarias
Dec 31, 2002

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Alchenar posted:

No you can't retrospectively disinherit your son if he marries a black woman/man.

I think they meant a medical advance directive. Could you disinherit if you have a directive of "do anything possible" and the person says "nope, pull the plug" or vice versa ("enjoy your misery you awful old bat!")

Volmarias
Dec 31, 2002

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Javid posted:


also A is Chris Evans so seeing captain america be a piece of poo poo is certainly something


Without saying more, you should watch The Boys

Volmarias
Dec 31, 2002

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"Your car sucks" is not a protected class unfortunately. It's likely this could be enforced on the idea of needing to present a certain look to clients.

Volmarias
Dec 31, 2002

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Ancillary Character posted:

What about mentioning the concept of jury nullification? Isn't that a surefire way to not get picked?

Phil Moscowitz posted:

There’s also a chance this strategy will land you in jail for contempt for the night so it’s only for the true gamblers out there.

Volmarias
Dec 31, 2002

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Devor posted:

I got called to potentially be on a Grand Jury in Baltimore, where you're apparently on the hook every day for several months.

Fortunately I had just moved out of the city so I dodged that one.

It's also pretty grim work as I heard from an acquaintance who knew someone who did it - lots of unpleasant details that you have to consider.

I was on a grand jury a few months ago. I feel like you could replace most of the jurors with a bunch of cardboard cutouts labeled "I motion, I second, in favor" in crayon and it would have had about the same result. I now understand the "A competent federal prosecutor can indict a ham sandwich" quip.

What's the ostensible purpose of the preemptory strike? Given that Batson only happened in the mid 80s, it feels like a way to just ensure the result you want than to eliminate bias.

Volmarias
Dec 31, 2002

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BonerGhost posted:

You lawyer types probably already know this but Kim Kardashian is studying for the California bar and of course a cottage industry has popped up around her. This is the best thing I've seen in the last 2 weeks.

https://abovethelaw.com/2020/02/kim-kardashian-reacts-to-law-school-practice-questions-featuring-kim-kardashian/

"Practice questions" is a weird way to write "Product placement" though.


quote:

A celebrity loved her KKW SOOO FIRE promotional box. She kept it on her kitchen counter. One day, her boyfriend, who recently moved into the celebrity’s house, decided to start a fire in the grill. He poured lighter fluid all over the coals in the grill. He lit the match on the KKW SOOO FIRE promotional box. Unfortunately, the wind was blowing in the direction of the home and it lit the celebrity’s house on fire. Fire crews were able to stop the fire. A small portion of the house was damaged.

Which of the following, if true, would serve as a defense to arson?

(A) The man acted negligently but not maliciously.
(B) The man did not intend for the house to burn down.
(C) The house did not burn down all the way; rather, only part of the house was damaged.
(D) The man lived in the house.

Tag yourselves, I'm the "ha ha whoops what a crazy accident" alibi for insurance fraud

Volmarias
Dec 31, 2002

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Arcturas posted:

- Most prosecutors don't charge cases where there is "weak evidence." They have way too many cases sitting in the screening pile with good evidence to waste their time on cases with weak evidence. Could they charge those, or over-charge in the interests of getting a plea deal? Sure. But what's the incentive? In the analogy with the mugger, the mugger gets your wallet. What does the prosecutor get out of it? They can just dismiss the case or tell the cop to get better evidence. Sometimes they have numbers they're expected to hit, but the on-the-ground reality is that they can almost always hit those targets by resolving other cases instead of picking up lovely cases. (Disclaimer about this varying drastically by jurisdiction and state.)

...

If we have the current American system (not the Scandinavian adventure of fish's), how are things improved by removing plea deals? The prosecutors have just as much power as they currently do - they can still decide what to charge, they can still over-charge - but defendants are required to go to trial on whatever the prosecutor decide to charge. So in a "weak evidence" case, a prosecutor might well throw the book at the defendant to see what sticks. In your bar fight example, charge assault with a deadly weapon with all the lesser-included offenses of aggravated assault, assault, etc. If the jury bites, the defendant's convicted of the most serious crime. If not, the jury will probably split the baby on a lesser offense. And now the defendant has even less agency.

These two feel feel contradictory. The prosecutor's office has too many cases sitting around to waste their time on weak evidence cases, but without plea bargaining they'd charge all of those cases instead of declining to prosecute?

Volmarias
Dec 31, 2002

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Arcturas posted:

No, I think my point is that without plea bargaining prosecutors will charge just the same thing they're currently charging. If you think that prosecutors currently charge weak evidence cases to get plea bargain leverage, there's no real reason to think that prosecutors won't charge weak evidence cases on the off chance a jury decides to believe the evidence or hate the defendant and convict regardless of the strength of the evidence.

I suppose there's a possibility that charging with really weak evidence will upset the jury by making them feel like you're wasting their time, and then you'll lose credibility and they won't convict on the lesser-included offense they'd otherwise convict on. But that seems a relatively minor factor in the analysis.

Another random point not terribly related to plea bargains - sometimes you see charges dropped mid-stream. That can happen for tons of reasons. Sometimes new evidence comes to light. Sometimes a cop forgot they had their body cam on and sends the body cam footage to the prosecutor who reviews it and it changes their assessment of the evidence and case. Sometimes a case gets reassigned (one prosecutor handles screening, the case then gets moved to someone else) who disagrees with their predecessor's assessment of the strengths of the case and would rather focus on a subset of things.

Also I completely forgot to slot diversion programs in to the timeline above. I think that conversation is usually sometime between the initial appearance and preliminary hearing stage, but don't quote me on that.

Also I forget how long it is between arrest and initial appearance. I think every state has a requirement for that timing, and it tends to be pretty quick. (A few days at most? Dunno, I have no clue.)

It's also a possibility that a defendant will get charged but hasn't yet been arrested. The charges can be filed and they'll later get arrested, with their initial appearance happening after that.

Oh, and there is speedy trial stuff. There's a federal constitutional right to a speedy trial, and every state and the federal system all have statutes setting out more detailed speedy trial rights. Those start clocks giving you the right to get a jury trial within a certain amount of time. The constitutional right is a weigh-the-factors analysis where, if you complain that you weren't given a speedy trial, a judge will look at the whole pile of facts and factors and decide whether that was okay, and throw the case out if not. (That's rare.) The statutory analyses are almost always specific numbers of days from triggering events.

BUT a defendant can almost always waive their speedy trial rights. They typically do, because they and/or their attorneys want more time to review the evidence and get ready for trial. Prosecutors tend to have an advantage in that most of their evidentiary work has already been done by cops and investigators before they file charges, while defense counsel have to review that pile of evidence and come up with a defense strategy.

My point is this: Let's say that the prosecutor's office has 100 cases (which aren't immediately dropped for lack of evidence). 50 are slam dunks, 40 are iffy, 10 are unlikely to reach a conviction (emotional arguments, etc)

I'm a prosecutor running on a "tough on crime" platform so I want to have as many convictions as possible. I charge all 100 cases, knowing that on average, 45 of the slam dunks will plead out, 30 of the iffy cases will, and 5 of the lost causes will. I have to bring 15 cases of trial, and my workload planning and budget reflects this (insofar as I can stretch it)

Now, due to legal changes, you don't get to arrange pleas before trial begins. Defenders will advise clients to plead guilty for sentencing leniency depending on the evidence, but you're on the "nut up or shut up" path for legal options. No overcharging for negotiations, if you're going to charge it you have to see it through.

Let's say that 45 of the slam dunks will still plead guilty. You've still got the same workload but now you've still got to take those 5 cases to trial already. Meanwhile, the other 50 defendants are still being threatened by those charges, but you have to decide whether to go for some lesser charges you're likely to convict, or the high charges that are a maybe. So, do you still charge all of those 40 iffy cases, or just a subset? Do you still charge those other 10 "unlikely to to convict" cases at all? What happens to the plead ratio when the worst case of a not guilty conviction changes from 25 years, to 2?

Even in the case where you would still have the same conviction rate with lower penalties, you no longer have people going to prison for 25 years on something they maybe did, which seems much more equitable.

Volmarias
Dec 31, 2002

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Devor posted:

In the hypothetical "don't gently caress with the accused in order to make the court's life easier" this practice would go out the window too. Give some credit for acceptance of guilt, but let them acknowledge it at the end of the trial where the prosecutor made his case.

I'm suggesting that the leniency gets factored in from contrition during sentencing

Volmarias
Dec 31, 2002

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It sounds like the crucial thing here is if the prosecution says "we'll have give you probation if you just plead guilty" and you say "no", the prosecution can't go "alright then, see you on trial for distribution of heroin and 10 years of prison then", is that correct?

Leperflesh posted:

This is a totally different tangent but IMO the defendant's contrition - or rather, the magic ability that judges think they have to see into the minds of defendants and determine their level of contrition, which ample evidence shows is somehow also highly correlated to the darkness of their skin - should have zero bearing on sentencing.

I especially don't think "I dared to try to fight these charges against me, but lost" should translate into a harsher sentence.

Very good points.

Volmarias
Dec 31, 2002

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DaveSauce posted:

I know you're over in europe-land, but it amuses me to imagine someone addressing a judge as, "my lord" in a US court.

Come plead, m'lord

Volmarias
Dec 31, 2002

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Nice piece of fish posted:

You do NOT want to be accused of murder in Norway.

Actually this sounds like the best place to be accused of murder. Have you seen your jails?

Volmarias
Dec 31, 2002

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Nice piece of fish posted:


Sorry, but I've spoken to a lot of convicts and they don't share the assessment that long prison sentences are no sweat.

The joke I was making was that this sounds significantly better in every respect than being accused of murder over here, especially if you're not wealthy and or not white.

Volmarias
Dec 31, 2002

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Nice piece of fish posted:


Do you... not have that in the US?

In some places, if you're falsely convicted, and later found to be innocent, you can apply for compensation. You don't get anything for time spent in jail awaiting/on trial as I understand, and you're always out the money you spent on a lawyer if you could afford that. In some places, if you are released on probation or parole, you must pay the costs for ankle monitoring. poo poo's regressive.

State by state breakdown (dramatically more than I expected tbqh!):
https://www.innocenceproject.org/wp-content/uploads/2019/09/Key-Provisions-in-Wrongful-Conviction-Compensation-Laws.docx

As a reminder, there are 50 states in the US.

If you're nationally scandalized by a murder, don't search "Mississippi prison murders"

Volmarias
Dec 31, 2002

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Badger of Basra posted:

~hypothetical~

My friend gifts me $1 million, and plans to declare the gift when he files his tax return like you’re supposed to.

Later in the same tax year, I decide to run for federal office and “self” fund using the $1 million my friend gave me. Is this allowed or is it a violation of campaign finance law? Is it different if he gives me the gift after vs. before I become a candidate?

Depends on whether the FEC has started becoming functional again.

Volmarias
Dec 31, 2002

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Dr. Arbitrary posted:

Posted in a Facebook group in my town, for a rental agreement:

Is this crazy or is it normal?



Better yet, is this actually enforceable?

Volmarias
Dec 31, 2002

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pseudanonymous posted:

I don’t know how much do these seem worth?

Depends, does he imply that he does it the way his grandfather did it "in the old country" or some other trust fund hipster-bait?

E:

owlhawk911 posted:

and post *your* workstation as exhibit b

This too. As it is, don't cheat and clean it up then take the picture.

Volmarias fucked around with this message at 17:36 on Feb 28, 2020

Volmarias
Dec 31, 2002

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joat mon posted:

Do you have (artisanal) spoons in your house?

No, I am evicted.

:kiss:

Volmarias
Dec 31, 2002

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pseudanonymous posted:

I’m happy to post my workstation

Do it coward.

Also, what do you mean by boiling spoons? He just sets a pot of water, throws the spoons in there, turns the heat on, and comes back later?

Volmarias
Dec 31, 2002

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Kudos for bowing to peer pressure!

Volmarias
Dec 31, 2002

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pseudanonymous posted:

Well frankly <bad stuff>

Either remove this immediately as an incredibly dumb own goal should you ever need to litigate about this, or go all in and post the manifesto.

Edit: that was last page, whoops. Please just post the manifesto now.

Volmarias
Dec 31, 2002

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seiferguy posted:

This is a weird question but I got like 6 calls from an inmate in a jail. I don't know the person but I caught his name on the "will you accept a call from x" and found his info. I'm worried he's trying to get help but is reaching out to the wrong person. Is there a particular thing I should do?

Accept the call, let him know it's the wrong number? It costs a painfully large amount of money to make calls from prison so you'd be doing him a solid letting him know quickly.

Volmarias
Dec 31, 2002

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seiferguy posted:

The one hes calling from is collect, so I'd take on the charges, hence why I'm not answering them.

Oh, missed that it was collect, sorry.

Volmarias
Dec 31, 2002

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Is the red pen you, or was it there

Volmarias
Dec 31, 2002

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Devor posted:

Then put all the grandmas and grandpas in the prisons

Advanced boomercide ideas here

Volmarias
Dec 31, 2002

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TheKevman posted:

It's really unfortunate that they did that because they didn't need to. The rest of the ad was fire but that moment really kneecaps it pretty good.

There's no need to exaggerate or TRY to make him look worse than he already has, especially when you give him and his zealots a legitimate SEE? SEE? Fake news! gripe :(

They'll say that regardless of what you use, though.

Volmarias
Dec 31, 2002

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Starpluck posted:


What happens at the end of 2020?

Musk announces that autonomous driving is unfortunately but inevitably delayed after it turns out that a skunk walking next to the road causes fatal accidents, along with anything else they didn't put in an `if` case for.

Fortunately, he makes a joke about how he didn't have "2020 vision" and the stock market heartily guffaws while tousling his hair and saying "that's our Elon!"

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Volmarias
Dec 31, 2002

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Hieronymous Alloy posted:

The defense would be that you weren't impaired by the alcohol because the ai was doing it all anyway. Realistically though such a case would rarely come to trial because DUI stops happen when either the driver is doing something an AI wouldn't do, like driving erratically or speeding, or there's a major wreck, which an ai makes less likely anyway.

And if there's a wreck while an AI is driving the case is instantly too complicated for the prosecutor to deal with.

Or there's a DUI checkpoint and the window doesn't roll down.

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