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A really brief legal glossary Lawsuit: an action brought in civil law by one private individual to other. In court, it's the person bringing the complaint (the plaintiff) versus the person who did the thing (the defendant). Aka a civil case. Tort: the cause of action in a civil case. Fill in the blank: "I am suing you for _________." That's your tort. Torts are usually not illegal, they're just dickish. Torts come from the common law. Liable: the thing you are if the court finds you've committed a tort. Crime: something prohibited by statute (THE LAW). When it goes to court, the police/state/government etc deal with it. Guilty: the thing you are if the court finds you've committed a crime. Common Law: a system of laws created by courts ("precedents"). v: short for AND, not versus. A pet peeve of lawyers everywhere. Sometimes, an act can be simultaneously a crime and a tort, like assault: civil assault is any unwanted touching*, while criminal assault has a much higher threshold to breach. If somebody punches you in the chops, they've committed both. Most cases of criminal assault are also civil assault, but not all civil assaults are criminal assault - depending on your jurisdiction, you may be prohibited from bringing a civil case if there's a simultaneous criminal case on the same charge. Acts can also sometimes be a tort and sometimes be a crime depending on how they're done eg civil vs criminal trespass largely depends on where you're trespassing (nb: these examples might not apply in your country). Re Davies, I really don't have a good answer for why they brought trespass to property. It's a crazy lawsuit. Australian lawsuits are so loving weird sometimes. * specifically in NZ where I am, causing somebody to reasonably anticipate an unwanted touching. The actual touching is battery, which is a different tort. They're often seen together, for obvious reasons. SurreptitiousMuffin has a new favorite as of 21:57 on Jul 19, 2016 |
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Jul 19, 2016 21:26
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dpbjinc posted:I'm pretty sure the most applicable tort would be conversion, i.e. intentional misuse of another's property. I have no idea why they'd try arguing trespass over conversion. Conversion would require a showing of actual interference of enjoyment of property. Trespass doesn't require an actual showing of harm.
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Jul 20, 2016 07:08
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SurreptitiousMuffin posted:v: short for AND, not versus. A pet peeve of lawyers everywhere. Wikipedia posted:The "v" separating the parties is an abbreviation of the Latin versus, but, when spoken in Commonwealth countries, it is normally rendered as "and" or "against" Hmm…
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Jul 20, 2016 12:11
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Platystemon posted:Hmm…
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Jul 20, 2016 12:39
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Platystemon posted:Hmm… Bagged and tagged that guy in first year law who raises his hand at every lecture to tell the tutor he is just that slightly wrong. What a magnificent beast. They usually don't last after the first couple of semesters so this is incredibly rare.
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Jul 20, 2016 13:08
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SurreptitiousMuffin posted:Yes, that's what I said. Against =/= versus. It may be tradition to pronounce it “and” in Britain, but it quite literally is short for versus.
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Jul 20, 2016 13:08
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Platystemon posted:It may be tradition to pronounce it “and” in Britain, but it quite literally is short for versus. Except maybe Americans; I can't speak for those guys. I hear they don't use the metric system so ???
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Jul 20, 2016 13:13
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I got an $850 million example that it's versus.
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Jul 20, 2016 16:26
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It's "versus" here  but people usually just say "v". "Loving vee Virginia," etc.
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Jul 20, 2016 17:58
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Stex T posted:Conversion would require a showing of actual interference of enjoyment of property. Trespass doesn't require an actual showing of harm. Also might be a dodge around emotional distress damage requirements in the jurisdiction. I have a case right now with a dead dog, and making the case worth anything is a process of trying to shoe-horn into causes of action that allow you to seek emotional damages. We're probably going to put a lot more effort into claims re: breach of contract than anything specific to the dog itself, since the value of a pet is minimal and even in California, you have to get pretty creative to ask for emotional damages. One of my favorite decisions was written by a judge in OR's federal court, in which a dude sued Satan and all his agents. Pretty garden-variety schizo claim, but the judge wrote an essay on how Satan might be immune to process as a foreign head of state, and moreover the plaintiff hadn't provided a service address for the marshals. While Hell is reputed to be in many places, none were convenient to the jurisdiction, and really plaintiff's claim needed to be served in person, anyway. If he could provide better service instructions, he was instructed to refile.
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Jul 21, 2016 17:56
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Girl denied spot on Leon cheerleading team threatens legal action
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Jul 21, 2016 18:59
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So whats her game plan here? She sues the school/district and gets put on the team, then all the coaches and players hate her and she rides the bench or isnt included in routines.
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Jul 21, 2016 20:01
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This recreation of a deposition makes me laugh every time: https://www.youtube.com/watch?v=PZbqAMEwtOE
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Jul 21, 2016 20:07
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Joey Freshwater posted:So whats her game plan here? She sues the school/district and gets put on the team, then all the coaches and players hate her and she rides the bench or isnt included in routines. And then she sues them again for not letting her actually do anything. It's the perfect plan.
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Jul 21, 2016 20:40
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FuhrerHat posted:This recreation of a deposition makes me laugh every time: https://www.youtube.com/watch?v=PZbqAMEwtOE 
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Jul 22, 2016 02:09
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FistOfTacitus posted:One of my favorite decisions was written by a judge in OR's federal court, in which a dude sued Satan and all his agents. Pretty garden-variety schizo claim, but the judge wrote an essay on how Satan might be immune to process as a foreign head of state, and moreover the plaintiff hadn't provided a service address for the marshals. While Hell is reputed to be in many places, none were convenient to the jurisdiction, and really plaintiff's claim needed to be served in person, anyway. If he could provide better service instructions, he was instructed to refile. The best thing to do is to have some process server commit suicide in some horribly depraved manner, and when he enters the Kingdom of the Damned he can go to Satan and be like PSYCHE, BITCH.
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Jul 22, 2016 02:15
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Beekeeping and You posted:
lol i didn't realise how big a goldmine this is  
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Jul 22, 2016 08:33
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OldTennisCourt posted:I think the worst kind of Sovereign Citizens aren't the idiots who try to get out of taxes or court appearances with magical words but the ones who use it to be dicks for no loving reason. I've seen so many videos of cops pulling guys over for speeding and they're super polite and asking for the normal stuff and the SC is just a confrontational rear end in a top hat. The reason those vids are so great is secretly the cops. As soon as the sov cit starts spouting their bullshit you can just see these little flashes of seething hatred across the officers faces. Also the reason cops go hard on them (busting windows, popping tasers, etc) is because sov cits used to be, and to a certain extent still are, avid cop killers.
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Jul 22, 2016 09:20
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The Saddest Rhino posted:lol i didn't realise how big a goldmine this is I for one would prefer reddit user Total Carnage not come into my city and lure Amish children into vans, but I can't say I know the legality of it
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Jul 22, 2016 11:02
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Aesop Poprock posted:I for one would prefer reddit user Total Carnage not come into my city and lure Amish children into vans, but I can't say I know the legality of it The ones around where I live steal people's poo poo and break into cars. But it doesn't sound like he's going to relocate and release them in a different place just play videogames and let them go. What I need is a Pied Piper to remove all the Amish kids from town.
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Jul 22, 2016 11:22
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Len posted:The ones around where I live steal people's poo poo and break into cars. But it doesn't sound like he's going to relocate and release them in a different place just play videogames and let them go. What I need is a Pied Piper to remove all the Amish kids from town. I didn't realize there were parts of the US where people viewed the Amish like how brits view Irish gypsies
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Jul 22, 2016 11:41
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Aesop Poprock posted:I for one would prefer reddit user Total Carnage not come into my city and lure Amish children into vans, but I can't say I know the legality of it I'm confused at the question at all. Is it some super-edgy "gonna show these shut-in religious kids the real world through the magic of VIDYAGAMES" or....? But yeah - the first response to it is probably the best.
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Jul 22, 2016 13:10
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Prokhor Zakharov posted:The reason those vids are so great is secretly the cops. As soon as the sov cit starts spouting their bullshit you can just see these little flashes of seething hatred across the officers faces. Also the reason cops go hard on them (busting windows, popping tasers, etc) is because sov cits used to be, and to a certain extent still are, avid cop killers. As a non-American, most of those videos display wild overreactions on the part of the 'police' include utterly uncalled for taser use. There are also a few videos where the cops back off when they start spouting their nonsense, which doesn't imply anything good about the cops
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Jul 22, 2016 14:37
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Cumslut1895 posted:As a non-American, most of those videos display wild overreactions on the part of the 'police' include utterly uncalled for taser use. There are also a few videos where the cops back off when they start spouting their nonsense, which doesn't imply anything good about the cops Sovcits are literally dangerous. They're labelled as "domestic terrorists" for some drat good reasons. Ever notice that every police officer instantly calls for backup and flips into tough guy mode when they realize what they're dealing with? That's why. These are people who have decided that the federal government is illegitimate. Police officers are agents of the government and thus agents of tyranny in their minds. They're also tied up in the Second Revolution/3%/militia/idiot rednecks with AR-15s movement. They very frequently believe that killing police is a right and good thing to do and are often equipped to do it. Yes, America's police are prone to brutality but trust me, you do NOT want to gently caress around with sovcits.
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Jul 22, 2016 14:41
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Prokhor Zakharov posted:Also the reason cops go hard on them (busting windows, popping tasers, etc) is because sov cits used to be, and to a certain extent still are, avid cop killers. Bullshit.
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Jul 22, 2016 14:45
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Cumslut1895 posted:As a non-American, most of those videos display wild overreactions on the part of the 'police' include utterly uncalled for taser use. There are also a few videos where the cops back off when they start spouting their nonsense, which doesn't imply anything good about the cops So....it's bad if they react and bad if they leave?
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Jul 22, 2016 14:49
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FAROOQ posted:Bullshit. You can call it bullshit all you like, but that doesn't magically make it any less true. Sorry buddy, you're on the wrong side of the fence on this one.
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Jul 22, 2016 14:54
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OldTennisCourt posted:So....it's bad if they react and bad if they leave? Tasing somebody for mouthing off at you is totally hosed up. Breaking somebodies window because they're being a dick is hosed up.
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Jul 22, 2016 15:00
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Aesop Poprock posted:I didn't realize there were parts of the US where people viewed the Amish like how brits view Irish gypsies I like having car windows ): Although the biggest issue I have with the Amish is the fact they think a single lantern hanging off the side of the buggy is adequate lighting for things like rain and snow and even just regular nights.
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Jul 22, 2016 15:02
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aardwolf posted:You can call it bullshit all you like, but that doesn't magically make it any less true. Sorry buddy, you're on the wrong side of the fence on this one. I'm sure you believe your bullshit.
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Jul 22, 2016 15:10
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^. They literally provided proof though Edit: Wait are you a sovereign citizen? Cumslut1895 posted:Tasing somebody for mouthing off at you is totally hosed up. Breaking somebodies window because they're being a dick is hosed up. And backing off is hosed up as well? You said that them backing off said something bad as well, How are they supposed to proceed if a dude literally refuses every single command? This isn't some cop beating them up for no reason, they ask 100 times for a license and the dude quotes penal law badly 40 times. OldTennisCourt has a new favorite as of 15:17 on Jul 22, 2016 |
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Jul 22, 2016 15:11
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Why would anyone ever reply to FAROOQ in PYF
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Jul 22, 2016 15:19
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http://www.start.umd.edu/news/sovereign-citizen-movement-perceived-top-terrorist-threat
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Jul 22, 2016 15:38
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That literally says islamic terrorism is a real threat, so PYF disagrees with it. (USER WAS PUT ON PROBATION FOR THIS POST)
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Jul 22, 2016 15:44
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Cumslut1895 posted:As a non-American, most of those videos display wild overreactions on the part of the 'police' include utterly uncalled for taser use. There are also a few videos where the cops back off when they start spouting their nonsense, which doesn't imply anything good about the cops Why did you put police in scare quotes?
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Jul 22, 2016 17:20
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Korgan posted:Why did you put police in scare quotes? I can't speak for him but maybe it's because police are pieces of poo poo who don't deserve to be called police.
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Jul 22, 2016 17:23
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FuhrerHat posted:This recreation of a deposition makes me laugh every time: https://www.youtube.com/watch?v=PZbqAMEwtOE These are amazing. People say the most insane things in depositions https://www.youtube.com/watch?v=jre-aMAgP5I Like you have to keep it in your mind that some poor stenographer had to write this all down
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Jul 22, 2016 18:13
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Don't let Farooq and cumslut derail the thread  Here's a short one, I can post some more later: Guy works at an office. A woman starts working there as well, and he begins creeping on her. There are weird Facebook messages, emails from him to her in another language talking about how she looks that day, and a general creepiness. This is not the first woman at the office he has done this to, but the other women haven't wanted to press the issue. The new woman gives no fucks and goes to management, who tell the guy he cannot talk to her anymore, and she's not allowed to talk to him. Both parties comply. All seems resolved until the day that he wears a blue tie and she wears a blue skirt. In his mind, that was her signal that she actually wants to talk! So he starts up again. Eventually, management decides they cannot have this going on anymore, and fire his rear end. He is now suing the employer for racial discrimination and reverse gender discrimination. Where did the racial discrimination come from? The office didn't like the candies he brought back from vacation, those racist bastards.
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Jul 22, 2016 20:54
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Korgan posted:Why did you put police in scare quotes? I'm like 60% sure that a lot of american police just bought their uniforms at costume shops. Edit: For actual content, see https://www.reddit.com/r/badlegaladvice
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Jul 23, 2016 04:21
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The best Reddit legal advice thread ever was the guy they told to talk to every divorce lawyer in his town so his wife couldn't hire one. I think it happened on the Sopranos. He did, and when the judge found out, he got found in contempt for acting maliciously.
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Jul 23, 2016 07:15
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