| Board List | |
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| Topic | Question for armchair lawyers: What happens if you overhear someone when.... |
| ThePieReborn 01/02/20 7:16:07 PM #10 | Was sleeping for the majority of the day, but I can take a stab. Third year law student/now former law clerk. UnfairRepresent posted... Is the window cleaners testimony admissible?Depends on local jurisdiction, but I would believe that they are admissible. Statements made in the presence of others are not confidential, and there is a requirement that the expectation of confidence be reasonable with the attorney doing everything reasonable to protect confidentiality. UnfairRepresent posted... Could the opposing council get him to tell them everything he heard?Potentially yes, which I'll go into after the next question. The fact of the window cleaner's testimony would, however, be disclosed as a part of typical discovery interrogatories/requests for production. So the party asserting confidentiality here would not be unaware of the fact that there was a leak. UnfairRepresent posted... Including the defense council's strategy?I would think the answer here is "yes," but I'm not entirely sure. Anything disclosing the mental impressions/strategy of an attorney are held to be virtually sacrosanct. There may be a tug of war between the failure of the attorney to maintain confidentiality and admissibility due to the various doctrines concerning strategy and work-product. I'm still inclined to think admissibility wouldn't be an issue because they were statements made in the presence of others. Nebraska (my home) would likely treat the content of the window cleaner's testimony as non-confidential. This is primarily because if someone could just hang out and overhear something, it doesn't sound like reasonable steps were taken to preserve confidentiality, which is central to the entire purpose of the privilege. For instance, my boss took efforts to maneuver furniture and other stuff around to absorb sounds that could be heard from his office because he is a rather loud man when he gets into things. So if you had facts indicating such steps as being taken, then the privilege may be salvaged still. As it stands, I would imagine courts would deem the attorney to be careless if a random passerby could, as you say, zone out and overhear the conversation while outside. As an example of this, here in Nebraska we have a case (Dunmire v. Cool, 195 Neb. 247, 237 N.W.2d 636 (1976)) where communications concerning a will were held to be non-confidential because non-essential staff were present at the time the communication was made. UnfairRepresent posted... He's not bound by privilege right?The window cleaner? No. There are specific elements required for attorney-client privilege to attach. Here's the abridged version from my evidence textbook: 1. The client or the client's representative on behalf of the client asserts the lawyer-client privilege. 2. The information the client or the client's representative seeks to protect is a communication. 3. The communication was made by the client (or reveals the client's communications). 4. The communication was made to a lawyer or a lawyer's representative. 5. The communication was made in confidence. 6. The communication was made for purposes of facilitating the rendition of legal services. 7. The communication does not fall within any exception. 8. The privilege has not been waived. UnfairRepresent posted... Does the lawyer have to withdraw from the case?No, neither attorney must withdraw. The client for the attorney asserting privilege may choose to fire his attorney, and that attorney may be subject to discipline for his failure to maintain confidentiality. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Trolling religious "killjoys" in Las Vegas? |
| ThePieReborn 12/31/19 8:21:17 AM #6 | I mean if you're deadset on doing so, the easiest route would be to just grab some beer/your liquor of choice and a lawn chair, make a sign saying something to the effect of "Party on, ignore these schmucks," and then piss the night away drinking. It's what I'd do if I felt like being obnoxious anyway. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | 500 LOLs for the Cowboys missing the playoffs! |
| ThePieReborn 12/29/19 9:03:21 PM #30 | The_Scarecrow posted... To everyone who is laughing, post your teams if you have the stones. I'll remember this and make the appropriate topics when the time comes. Do it.I mean, every Chiefs fan already has no expectations for playoffs. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Dual Shock 4 really is the best controller for PC |
| ThePieReborn 12/29/19 6:22:19 PM #14 | If I could put the Dualshock D-pad on my XBone controller, I'd be a happy man. Hate that damn thing. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Trump: We must have understanding and respect, like Christ |
| ThePieReborn 12/26/19 3:59:36 PM #10 | ...I'd really like to know how one doesn't implode from that sort of irony. Not even Wheatley's paradox avoidance was this stupid. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | "People should be severely punished for being very successful." |
| ThePieReborn 12/26/19 12:26:00 PM #68 | ThanksUglyGod posted... Yes, just look at all the people* clamoring for a 99% tax rate!I'm not going to engage much further, but even this description of the purported 99% tax rate indicates a lack of familiarity with the tax system in general, because it would be applied in steps and only dollars over X amount (assuredly a large number) would be subject to this hypothetical tax rate. All that being said, the current state of affairs is atrocious for legal and taxplanning purposes because of the volatility and lack of foresight behind the TCJA. A pendulum swing in the opposite direction would be just as terrible. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Lunatic intentionally runs over little girl because she was Mexican. |
| ThePieReborn 12/21/19 2:59:50 PM #22 | Tired-Insomniac posted... As a Nebraskan, I am shocked. Shocked, I tell ya!Actually not that shocked. There's just something in the water across the river. Makes 'em all crazy and terrible drivers. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | How's Eternal Sonata? |
| ThePieReborn 12/21/19 1:28:00 PM #4 | OST is great. That's about all I know about it. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Question for armchair lawyers/cops. What would happen if the gun dad killed Bart |
| ThePieReborn 12/21/19 1:21:09 PM #12 | UnfairRepresent posted... But that's just a civil suit right? In terms of damages.I don't know of any states that make a distinction with the age of the victim in this context (other than the fetal homicide laws which are their own can of worms). Granted, the judge would have discretion with respect to the sentence, and killing a minor may play into aggravation of the sentence within the statutory range of years. PrettyBoyFloyd posted... By allowing them to get away could mean that they could cause harm or death to someone else later.This generally doesn't fly. Self-defense requires the threat to be imminent. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Question for armchair lawyers/cops. What would happen if the gun dad killed Bart |
| ThePieReborn 12/21/19 12:28:41 PM #5 | UnfairRepresent posted... I would have assumed that his ass would be grass because he hit a kidThere would be more sources of damages in the case of wrongful death than the emotional trauma/loss of companionship/etc. While Bart has those intangibles going in the Simpsons' favor in any wrongful death action for him (and the jury would be more incited because a kid was killed), Bart doesn't have that easy-to-calculate amount of guaranteed damages for the loss of income/homemaking services that Homer and Marge have. Not necessarily "more in the shit," but rather the amount of damages beyond the ever nebulous emotional harm caused by the death is much more certain and less subject to the whims of the jury because we can attach a hard value to the loss of Homer's wages or Marge's homemaking. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Question for armchair lawyers/cops. What would happen if the gun dad killed Bart |
| ThePieReborn 12/21/19 10:18:51 AM #3 | This won't be super in-depth, but I'll cover the major things (Third year law student/legal clerk). UnfairRepresent posted... Did he have the right to shoot at them? They were on his property and staring into his windows but they didnt break in and he didnt warn them before shooting.Depends on the state, but the moment they fled would guaranteed be the end of any claim of self-defense. Most states don't look too kindly upon lethal force in defense of property, but it all depends on the facts. Here? I would say he'd certainly have an uphill climb to make in any negligence/battery claim. Would likely come out in the Simpsons' favor. UnfairRepresent posted... Would it make a difference legally speaking if he told police he was aiming for Bart, aiming for Homer, attempted a warning shot or couldn't see the figures he was aiming at?In the cases of aiming for Bart or Homer, no. All states have adopted the doctrine of transferred intent with respect to intentional torts and criminal acts, and negligence covers for that as well. Attempting a warning shot would still likely subject him to battery due to the definition applied from the Restatement on Torts which the majority of jurisdictions have adopted for battery claims ("Intent to cause apprehension of any such harmful/unconsented contact" or there's abouts) and still subject him to criminal liability for (at minimum) criminal negligence and any similarly situated homicide statute. Likely the same story if he indeed simply shot into the brushes and didn't see who he shot at, but the case for battery is weaker while the case for negligence is still stronger. UnfairRepresent posted... What would the differences be if he hit Homer or Marge instead?Major difference would be the damages awarded, since the "value" Marge and Homer provide to all parties differs due to their roles (Marge as homemaker, Homer as wageearner). Both can be qualified for the purpose of award amounts. Homer's health could also a play a factor in damage calculations, as statistically his high risk of injury (based on his history) and generally being overweight would reduce his likely lifespan. Damages related to his wages would be argued up or down and adjusted accordingly (or at least considered by the jury). Tl;dr: Anyone dies, the dad is getting hit with manslaughter minimum. If they were fleeing when shots fired, this is basically a prosecutor's wet dream in this circumstance. If someone gets hit, the dad is getting hit with assault/battery/whatever the state calls it, as well as any particular statute concerning firearm discharges. In either of these circumstances, the Simpsons have oodles, canoodles, and toaster strudels of civil claims to choose from, and will likely prevail. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Even if Trump gets removed from office, Pence just takes over. |
| ThePieReborn 12/19/19 4:24:57 PM #32 | Lawful Evil vs Chaotic Stupid. I'd take the former in a heartbeat. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Anyone have fun ideas for a Dark Souls 3 build? One playthrough only |
| ThePieReborn 12/19/19 4:23:01 PM #2 | Use the Great Club, become caveman. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Fried eggs on hamburgers. |
| ThePieReborn 12/18/19 7:28:21 PM #4 | MrMallard posted... Excellent addition to just about any burger. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | So Republicans went from 'he's completely innocent' to 'well its not so bad' |
| ThePieReborn 12/18/19 1:58:45 PM #8 | I like having the contours of substantive and procedural due process terribly explained to me by people that likely know nothing of the subject. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Trump: Salem Witch Trials had more due process |
| ThePieReborn 12/17/19 5:01:08 PM #7 | No. Just no. The requirements of due process are satisfied beyond what is actually required here. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Trump refuses to back recognition of Armenian Genocide after Erdogan threat |
| ThePieReborn 12/17/19 1:57:09 PM #3 | creativerealms posted... Both genocides should be recognized. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Man who planned the holocaust has his grave dug up. |
| ThePieReborn 12/16/19 6:06:41 PM #5 | Ex-Kefiroth posted... I hope they at least took a dump in the hole.One can hope. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | "Homeless people have a constitutional right to sleep on public property |
| ThePieReborn 12/16/19 5:48:46 PM #5 | Aw, they forewent the opportunity for the easiest insertion of the whole "The law in its majestic equality...." bit. The Ninth Circuit got it in, at least. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | I want a Rogue Squadron reboot. That's what I fucking want. |
| ThePieReborn 12/16/19 3:46:29 PM #5 | s0nicfan posted... X-Wing vs Tie Fighter with 1:1 scale space battles.Please don't. The sheer majesty is too much for me. Also the fact it'll never happen because people hate money. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | People really are saying Christmas again |
| ThePieReborn 12/16/19 1:41:18 PM #58 | The oppression and mental gymnastics Olympics are thataway, shortpants. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | i don't care for defense attorneys |
| ThePieReborn 12/16/19 11:34:03 AM #3 | We're obligated to work on behalf of our clients and to do so zealously. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | "history buffs" who only know about military history are the worst |
| ThePieReborn 12/15/19 6:44:02 PM #40 | Southernfatman posted... What makes him and others "pop" history? What is pop history?My understanding is that pop history generally (and simply) explores the "whahappun?" without delving too deep into the "whyhappun?" which then results in a lack of context and a substantial lack of academic value. What a lot of people generally don't understand about history as an academic subject is that the historian's purported "why" is more valuable than the regurgitation of facts, yet most people think of history (as a subject) to be about the regurgitation of facts. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | You're feeling down. You must play one video game to pick your spirits back up. |
| ThePieReborn 12/13/19 10:55:26 PM #9 | Would probably reinstall DOOM 2016. A little rip and tear goes a long way to evening me out a bit. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | The teaser trailer for Halo: Reach is the best video game teaser of all time |
| ThePieReborn 12/12/19 11:57:51 PM #14 | The Bartholomew Dark Souls trailer is still my personal favorite. As said above though, Tom in Marketing nailed it with Halo. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | New documents show US government systematically lied to public about Afghanistan |
| ThePieReborn 12/09/19 8:06:22 AM #4 | Highwind07 posted... He added: What are we trying to do here? We didnt have the foggiest notion of what we were undertaking.It is kind of funny in a morbid and depressing way how often that sentiment appears whenever individuals involved talk about this. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | I never knew owner of Silk Road was victim one the of biggest scams in history |
| ThePieReborn 12/09/19 6:30:10 AM #25 | DeadBankerDream posted... Fair enough. That doesn't seem reasonable to me, but it is what it is.18 USC 3553(a)(1) cuts both ways depending on the defendant. I've been able to help my boss get folks lighter sentences based on their history and characteristics. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | I never knew owner of Silk Road was victim one the of biggest scams in history |
| ThePieReborn 12/09/19 6:20:08 AM #23 | DeadBankerDream posted... I feel like his rights were violated in his sentencing. Not that I have an issue with him getting life, but the judge made references to crimes he hadn't been charged with when sentencing him, EI; the attempted murders. This obviously indicates she used those in consideration for what sentence he should have, even though, again, he was never charged with them. That's absurd.Related but uncharged actions are valid for sentencing to justify alterations to and deviations from the sentence provided by the Sentencing Guidelines to the extent that the deviations remain within any given statutory limitations. Said uncharged actions are subjected to a lesser standard of proof than beyond reasonable doubt. That all said, the Guidelines would have hit him with a life sentence with just the amount of money involved. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Texas judge spanked for refusing to perform gay marriages. |
| ThePieReborn 12/08/19 4:34:32 PM #77 | bnui posted... I just dont get why it HAS TO BE HERIt doesn't have to be her, but that's irrelevant. She is a state actor; she is bound by the Fourteenth Amendment. If she doesn't want to be so bound, then she can vacate the judgeship. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Why are so many smart people anti-Trump in the USA? |
| ThePieReborn 12/06/19 5:00:31 AM #24 | DrizztLink posted... https://i.imgur.com/PHITAF2.gifIt's a good gif; worth the effort. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Look at my goddamn cat and how cute she is. |
| ThePieReborn 12/04/19 8:19:41 PM #15 | I would compliment her, but then I think mine would somehow know I did and take severe umbrage. http://imgur.com/5OrdKYq --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Oh shit, new posting engine. |
| ThePieReborn 12/04/19 1:24:33 PM #5 | Rise to vote sir. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Imagine a Dino Crisis reboot. |
| ThePieReborn 12/04/19 1:22:02 PM #20 | HD Regina? Yes please. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Kentucky Governor Matt Bevin, on why he lost |
| ThePieReborn 12/04/19 1:20:59 PM #3 | Antifar posted... The left, those who think of a different ideological bent, they are getting so good at harvesting votes in the urban communities, Bevin said.Notwithstanding the fraud allegations, there's something about this phrasing that bothers me. As though he's implying the people in those communities lack agency. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | George Zimmerman sues family of Trayvon Martin, publisher, prosecutors |
| ThePieReborn 12/04/19 1:10:18 PM #54 | Yep, elect for private counsel and you get stuck with the bill when a grand jury determines there's enough to go to trial. That's generally how it works. Good luck piercing the prosecutorial immunity, though. Those are always fun claims. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | New XFL unis are boring, flavorless trash |
| ThePieReborn 12/03/19 11:00:13 PM #21 | I'm always a sucker for a red and black combo, and the gold/orange/whatever particular color that is looks nice. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | New XFL unis are boring, flavorless trash |
| ThePieReborn 12/03/19 10:47:45 PM #11 | I still find it funny they settled on the same Renegades logo as the E-sports organization. I wonder if they have to shell out royalties for it to someone or if it's in the public domain. Edit: And oh god, that Tampa uniform. So many different shades of green and you settle for vomit. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Folding Screen Monkeys may have been the easiest in SoulsBorneSekiro history |
| ThePieReborn 12/03/19 5:34:45 PM #3 | An actually decent gimmick boss, all things considered. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | 17 y/o Kid BANNED on FORTNITE has LEFT Los Angeles and went back to the UK!! |
| ThePieReborn 11/12/19 8:25:05 PM #25 | No sympathy from me. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | If Bernie is wooing away student debt he better wipe away credit card debt |
| ThePieReborn 11/11/19 1:20:56 AM #2 | Part of the reason why student loans are singled out in this manner is the difficulty to discharge in bankruptcy. In contrast, credit card debt is easily discharged due to its unsecured nature. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Dusk is a better FPS than Quake. |
| ThePieReborn 11/07/19 9:57:15 PM #24 | OctilIery posted... Also of note: Andrew Hulshult's soundtracks have been killer and on-point. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | I wish there were more games like Star Fox and Rogue Squadron |
| ThePieReborn 11/06/19 9:53:01 PM #8 | I want a new Rogue Squadron game. Or something like that old X-Wing game on PC would work too. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | i haven't played Starcraft since i was a kid. should i replay it and SC2 |
| ThePieReborn 11/06/19 1:56:09 PM #18 | For the record, I wasn't characterizing that as anything but my own bitching and moaning. I will freely admit that I am hysterically and unnecessarily petty when it comes to StarCraft 2. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | i haven't played Starcraft since i was a kid. should i replay it and SC2 |
| ThePieReborn 11/06/19 1:48:16 PM #16 | pile_of_bones posted... ThePieReborn posted...I just hate what they did to Raynor. They walked him back from his last words to Kerrigan in Brood War, and you just... don't walk away from a line like that. It hurt just watching the transition over Wings of Liberty. It got even worse after that. So Kerrigan, during Brood War, goes on her, for lack of better word, bingefest on murderating all the things that pose a risk to her standing in the Korprulu Sector following the death of the Overmind at the end of StarCraft proper. Fast forward a bit, and Kerrigan backstabs them in predictable fashion. Raynor pulls his goddamn head out of his ass, and delivers this line that still gives me chills to this day: https://youtu.be/HDjnC3nLd3E?t=60 It may not be tomorrow, darlin'. It may not even happen with an army at my back. But rest assured: I'm the man who's going to kill you some day. I'll be seein' you. Kerrigan continues doing her murderating throughout Brood War and then goes off the radar prior to Wings of Liberty. Raynor then proceeds to fall into that stupid redemption arc nonsense that Blizzard tried to push in Wings of Liberty and "saves" Kerrigan through Xel'naga relic ass pulls after Mengsk's son makes him an offer to "save the Queen of Blades." The whole thing is just blatantly offensive because while, yeah, you can distinguish between pre- and post-Zergified Kerrigan as two individuals, nothing erases the fact that billions of lives were extinguished by the post-Zerg Kerrigan for the sake of consolidating power in the sector and JIMMY GOD DAMN RAYNOR UNDERSTOOD THIS DURING BROOD WAR. SC2 Raynor is just a thirsty wanna-be, and does a disservice to Raynor's SC1 character. So yeah, that's the short version. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | i haven't played Starcraft since i was a kid. should i replay it and SC2 |
| ThePieReborn 11/06/19 1:14:50 PM #13 | I just hate what they did to Raynor. They walked him back from his last words to Kerrigan in Brood War, and you just... don't walk away from a line like that. It hurt just watching the transition over Wings of Liberty. It got even worse after that. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | The Pacific update in Battlefield V finally makes it a worthwhile game |
| ThePieReborn 11/03/19 12:17:09 AM #8 | I would, but for whatever reason when I attempted to play last week the mouse aim was stuttery as fuck, and nothing else I play has ever had that same issue. It's like it was dropping inputs on particular frames or some shit. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | Cancel culture strikes again! Haunted house torture chamber to be shut down? |
| ThePieReborn 10/30/19 9:07:45 PM #37 | My tax professor had the idea that there's illegal gambling going on behind the scenes. I'm inclined to think she may have the right of it. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
| Topic | im pretty sure gordon ramsay would enjoy my pancakes |
| ThePieReborn 10/27/19 3:46:53 PM #7 | These pancakes are FUCKIN' RAW. --- Party leader, passive-aggressive doormat, pasta eater extraordinaire! |
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