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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Paralegals do a wide range of things, and a good one can make good money. An inexperienced one, not so much. It is detail-oriented work and highly repetitive, but it can be fulfilling work...or it can fill you with self-loathing...depending on what kind of practice you work at.
Most good paralegals I have known eventually went on to become lawyers because they loved it so much.
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NanoApe
Stranger
Registered: 01/20/14
Posts: 14
Last seen: 10 years, 3 months
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Re: Ask a defense attorney [Re: Enlil]
#19456577 - 01/22/14 08:47 AM (10 years, 3 months ago) |
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Thank you so much for your help Enlil! Your service is invaluable. I picked up my children last night, on their dads day, had a great family talk, and told them they can both stay at whichever house they want, whenever they want. She stayed here, my son went to dads to finish out his dad days. And we all saw very eye to eye on the issue (the kids and my boyfriend and I). Your help really put me at ease and I appreciate it greatly!
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sonamdrukpa
Wayfarer


Registered: 10/18/11
Posts: 2,777
Last seen: 24 days, 23 hours
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Re: Ask a defense attorney [Re: NanoApe]
#19459918 - 01/22/14 09:35 PM (10 years, 3 months ago) |
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If I send a send a text/email/voicemail about buying or possessing drugs to someone, would using coded but obvious language help at all if I were arrested and prosecuted? Like if I referred to weed as "trees" or somesuch.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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The real question is what is the value of a text message from an evidence standpoint? For a possession case, not much. It can be a great tool for finding you or getting a warrant, but without the actual drugs, there is generally no case.
If you're caught in possession of the drugs, it won't matter a whole lot either way. They won't even need the text messages. If you're not caught in possession, the texts are probably not enough, even if they explicitly indicate that you are in possession of a controlled substance.
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LySergic D
Drink all day and rock all night


Registered: 10/20/11
Posts: 7,583
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Re: Ask a defense attorney [Re: Enlil] 1
#19498675 - 01/30/14 08:56 PM (10 years, 3 months ago) |
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Broken heart don't feel so bad You ain't got half of what you thought you had Rock you baby to and fro Not too fast and not too slow
Edited by LySergic D (02/09/14 08:48 PM)
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Anonymous #61
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Re: Ask a defense attorney [Re: Enlil]
#19539277 - 02/08/14 11:32 AM (10 years, 3 months ago) |
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I got one for you but it's a little different:
Let's say Company A (big business) sues Company B (small business) in the state of Texas for theft and misappropriation of trade secrets. Company A files the suit as a criminal case, forcing them to prove theft and giving Company B a chance to win legal fee reimbursement if they can't. Company B also files a counterclaim citing bad faith on Company A's part.
Company A ultimately can't prove that the alleged theft even happened, much less that Company B stole, used, possessed, or distributed said trade secrets. They most likely assumed before filing that Company B would be forced to capitulate due to lack of resources, which was incorrect. Company A has now missed their deadlines for discovery and for appointing expert witnesses, leaving their entire case based on anecdotal evidence from several of their own employees, who all just happen to have felonious criminal backgrounds as well as personal and professional motives to try and spite the people at Company B.
Company B has spent over $100k battling this lawsuit and is running out of money. They would like to get their legal fees back and have already drafted a Motion for Summary Judgement and scheduled a date for the corresponding hearing, which has prompted Company A to offer a settlement agreement that is favorable to Company B sans vindication or legal fee reimbursement.
However, Company A has also threatened to appeal the summary judgment if it comes to that, to seek a summary judgment of their own against Company B's counterclaim, and to seek the reopening of discovery. Company A can probably get an employee (who was formerly an employee of Company B) to sign an affidavit supporting Company A's claim, but said employee is less than reputable and has a felony on his record for selling counterfeit goods, as well as provable motive for being upset with Company B over his final paycheck.
Company B has paid their lawyer in full up to this point, but likely will not have the money to keep fighting if they fail to win at the summary judgment.
My question is, how often do cases get squashed at summary judgments and what would you think the odds of Company B winning their summary judgment would be?
Edited by Anonymous (02/08/14 12:00 PM)
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Anonymous #62
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Re: Ask a defense attorney [Re: LySergic D]
#19539303 - 02/08/14 11:38 AM (10 years, 3 months ago) |
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I was reading a book yesterday and came across this:
"A crime is any wrong punishable by the state. Two elements are necessary: evil intent and a criminal act."
I was curious about the whole "evil intent" part. It seems like this would be difficult for a prosecution to prove that people with personal possession cases had evil intent.
Could you elaborate on what this means?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Quote:
Anonymous said: I got one for you but it's a little different:
Let's say Company A (big business) sues Company B (small business) in the state of Texas for theft and misappropriation of trade secrets. Company A files the suit as a criminal case, forcing them to prove theft and giving Company B a chance to win legal fee reimbursement if they can't. Company B also files a counterclaim citing bad faith on Company A's part.
Company A ultimately can't prove that the alleged theft even happened, much less that Company B stole, used, possessed, or distributed said trade secrets. They most likely assumed before filing that Company B would be forced to capitulate due to lack of resources, which was incorrect. Company A has now missed their deadlines for discovery and for appointing expert witnesses, leaving their entire case based on anecdotal evidence from several of their own employees, who all just happen to have felonious criminal backgrounds as well as personal and professional motives to try and spite the people at Company B.
Company B has spent over $100k battling this lawsuit and is running out of money. They would like to get their legal fees back and have already drafted a Motion for Summary Judgement and scheduled a date for the corresponding hearing, which has prompted Company A to offer a settlement agreement that is favorable to Company B sans vindication or legal fee reimbursement.
However, Company A has also threatened to appeal the summary judgment if it comes to that, to seek a summary judgment of their own against Company B's counterclaim, and to seek the reopening of discovery. Company A can probably get an employee (who was formerly an employee of Company B) to sign an affidavit supporting Company A's claim, but said employee is less than reputable and has a felony on his record for selling counterfeit goods, as well as provable motive for being upset with Company B over his final paycheck.
Company B has paid their lawyer in full up to this point, but likely will not have the money to keep fighting if they fail to win at the summary judgment.
My question is, how often do cases get squashed at summary judgments and what would you think the odds of Company B winning their summary judgment would be?
You have some real problems with this hypothetical. First, a company can't file a suit as a criminal case. The state files a criminal case, not a private entity. Either way, criminal or civil, each side is responsible for his/her own attorney's fees unless there is a contractual agreement otherwise or a statute that allows for reasonable attorney's fees to be awarded. I'm not sure what you mean by the countersuit for "bad faith". There aren't any facts here that support such a counterclaim, but maybe it's something you left out of the details.
But your basic question about summary judgments is still generally answerable. Summary judgment can be granted by a court when there exists "no genuine issue of material fact" and the moving party is entitled to a judgment "as a matter of law." We'll look at both of those below
A genuine issue of material fact is some dispute between the parties about a factual matter that would change the outcome of the case. An example of this would be something like in an suit for assault. Plaintiff claims that Defendant swung at plaintiff. Defendant claims it never happened. That is a genuine issue of material fact. Why? Because if defendant never swung, there is no assault. If he did, there is. A judge doesn't decide issues of fact, so this dispute can't be discharged in a motion for summary judgment.
Lets change it up a bit, though. Same assault claim, but in this one, defendant admits to swinging at plaintiff, but he claims he did it because he had just walked in and caught plaintiff getting a blow job from defendant's wife. Plaintiff denies this, however, and claims the assault was unprovoked. Is there a genuine issue of fact? Yes. Is there a genuine issue of MATERIAL fact? No. Why not? Because it doesn't matter whether plaintiff is telling the truth or defendant is. That fact doesn't change the assault. The facts that MATTER, or are MATERIAL, are not in question...namely, whether or not defendant swung at plaintiff.
Once we've determined that there is no genuine issue of material fact, then we have to decide if the moving party is entitled to a judgment as a matter of law. So, in the second scenario above, if the plaintiff moves for a summary judgment, would it be granted? Yes. There is no genuine issue of material fact, AND the uncontested facts are sufficient to establish that defendant assaulted plaintiff.
When we use the phrase "matter of law", we are using it to differentiate from matters of fact. As I said above, a judge cannot decide matters of fact (except in bench trials, but we'll leave that aside for now). So, if the judge is sitting there looking at a MSJ (Motion for summary judgment) from a plaintiff in the above example, he's only going to have to decide whether the undisputed facts support an assault claim...not who is telling the truth about the disputed facts.
There's no way I can tell you the outcome of your hypothetical without many more details.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Quote:
Anonymous said: I was reading a book yesterday and came across this:
"A crime is any wrong punishable by the state. Two elements are necessary: evil intent and a criminal act."
I was curious about the whole "evil intent" part. It seems like this would be difficult for a prosecution to prove that people with personal possession cases had evil intent.
Could you elaborate on what this means?
I went over this pretty thoroughly in a previous post:
http://www.shroomery.org/forums/showflat.php/Number/16632894#16632894
Mens Rea is another way of saying "evil intent". It rarely actually requires evil at all. Let me know if you have any questions or need further clarification about some detail in there.
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Anonymous #61
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Re: Ask a defense attorney [Re: Enlil]
#19540024 - 02/08/14 02:43 PM (10 years, 3 months ago) |
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Interesting. Let's say the charge is theft and not assault, just for simplicity's sake. I want to make sure I understand.
Plaintiff claims the defendant logged into his secure network and copied files that were confidential and proprietary. Defendant disputes the claim and says it did not happen. You are saying that the judge could not discharge on a MSJ because there's a genuine issue of material fact, in that the parties dispute whether or not the theft happened at all?
There aren't really any established facts at all in my hypothetical case which is what drives me crazy, the entire basis of the case is anecdotal. My previous understanding was that a MSJ would give the defendant the opportunity to argue that without expert witnesses or any evidence of the alleged theft, the case is without merit.
Can you give me an example of a scenario where a defendant would use a MSJ to get a plaintiff's allegations discharged?
I'm sure you've covered this before somewhere in these 93 pages, but do you mind if I ask what state(s) you practice in?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Again, you're confusing criminal matters with civil matters. What you're talking about is a civil suit. Motions for summary judgment aren't used in criminal cases.
In your hypothetical civil case, a summary judgment can be granted if the plaintiff has no evidence from which a reasonable jury can find in favor of the plaintiff. That is a high bar, though.
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Anonymous #61
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Re: Ask a defense attorney [Re: Enlil]
#19540387 - 02/08/14 04:13 PM (10 years, 3 months ago) |
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Quote:
Enlil said: In your hypothetical civil case, a summary judgment can be granted if the plaintiff has no evidence from which a reasonable jury can find in favor of the plaintiff. That is a high bar, though.
That makes sense. Thanks for helping clear this up for me.
Do you think the testimony of one highly motivated person would constitute evidence from which a reasonable jury could find in favor of the plaintiff?
Let's say the defendant does successfully reach that high bar for MSJ discharge, does the plaintiff then get an opportunity to appeal the MSJ ruling, or is it set in stone?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Credibility cannot be considered when deciding an MSJ. If a hundred priests claim one thing and one crackhead felon claims something else, that's a genuine issue of fact.
Yes, MSJ decisions are appealable whether granted or denied.
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KilroyMilosevik
Swiss Ego



Registered: 02/14/07
Posts: 989
Loc: Northwest of Nowhere
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Re: Ask a defense attorney [Re: Enlil]
#19541475 - 02/08/14 08:15 PM (10 years, 3 months ago) |
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I do have other questions, but I'll see where this conversation goes from here. I do not mean any ill intent with these questions, rather I have come to realize after speaking with a wide array of people, including police, attorneys and reading whistle blowing books and essays by judges that many attorneys, judges and especially police do not even realize the extent of the compounding fraud, racket and extortion that they are involved in due to their training and specific fields of practice. I know that many defense attorneys really do mean the best for their clients, but have to follow procedure (which is not necessarily lawful) if they don't want to be disbarred, or worse. However, ignorance of the law is no excuse and as the Nuremberg Trials went - those who were just following orders were convicted and hung accordingly, even though everything they did was "legal".. I have a strong feeling that humanity is on the cusp of another such occurrence as more and more of the masses are re-awakening to the difference between "lawful" and "legal". Signs of this are everywhere if you're looking for it, yet unfortunately many attorneys disregard it and even laugh it off without any further investigation whatsoever.
Is the BAR a private corporation?
Is the BAR a labor union?
Is passing a BAR examination admission into that association?
Is passing a BAR examination rewarded with a license from the State to practice law similar to the way a semi-truck driver is licensed by the State after taking a commercial driver's exam?
is that license to practice law an actual license in fact by definition? or is it a certificate?
Does the State accredit law schools and hold BAR examinations, or is the association privileged of maintaining that duty itself?
Does the State claim jurisdiction over the BAR?
Can only members of the BAR practice law, or otherwise engage in courtroom proceedings at or within the bar of the court?
Can only members of the BAR legally represent others at the bar of the court?
Which constitution do attorneys swear an oath to protect and uphold?
Do attorneys hold a title of nobility known as "esquire"?
- if so, is this title not in direct conflict with the original 13th amendment which was reposition and amended in the current Article 1, Section 9, clause 8?
What are the statutory consequences for attorneys and judges alike for perjuring an oath?
Why can BAR attorneys hold multiple positions in separate branches of government?
Do attorneys have to file requests to appear?
Is it true that an attorney can only legally represent wards of the state, government officials, and other employees within their own agency?
According to Corpus Juris Secundum Volume 7, Section 4, who are you to represent during court proceedings?
Can a man serve two masters at once?
Can you define 'attorney' in terms of law, and its contrast to a 'lawyer'?
Are attorney's permitted to make legal determinations?
Is the BAR association not in direct violation of the Taft Hartley act for running a closed union shop since the judge, prosecuting attorney and defense attorney are all members of the BAR?
Is the BAR association not in direct violation of the Smith act as it is a private foreign organization positioned in all branches of government and acting against the interests of the people?
Do you know anything about the CRIS (court registry investment system) fund or CAFR scams?
Depending on where this goes, I may have some more questions regarding how the court establishes subject matter jurisdiction and whether they can proceed without evidence of such if it is questioned, how corpus delicti is established in crimes without injured parties and why "laws" are called "codes", "statutes", "acts", "ordinances" and "regulations" instead of "laws" in the rule books.
-------------------- -The door. -The door is closed. -Why is the door closed? *Gasps* -Why DOES the door close!?
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whitelights
Stranger



Registered: 11/25/11
Posts: 1,559
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our car was just pulled over on the interstate in the state of rhode island, and two of my friends somehow just now remembered the drugs in their pockets one having under half a gram of ketamine, the other having around 25 grams or less of dried mushrooms. they took both into custody. they allowed us to drive away with my friends car. this happened 30 minutes ago. if there is anything i should do immediately? i know they cannot aford bail so i dont think there is. other than that, is there any advice i should pass on to them?
-------------------- its that bitter-sweet-sour, electric-smooth-twang. everything you ever have, are. or will feel along with every emotion, joy, hate, love, fear or aspiration burning down your nerves and into the fabric of your place in this existence at ten thousand degrees above and below zero will you find yourself wondering if you've been dead or alive this whole time. being born over and over only to die over and over hoping the wheel stops in the same place it started when you spun it, and when it finally does and you can step back and take a nice deep breath you realize how beautiful life is, remember, wake up to the most beautiful day of your life every single day, its just the way.
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Alan Rockefeller
Mycologist

Registered: 03/10/07
Posts: 48,392
Last seen: 2 days, 20 hours
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You should go bail them out asap.
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Anonymous #63
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Re: Ask a defense attorney [Re: Enlil]
#19542487 - 02/09/14 02:58 AM (10 years, 3 months ago) |
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Don't mean to pile you up on stories buuuut.. Here's mine:
Over 2 years ago, there was a party with 3 people i knew..
#1 was a guy i sold numerous narcotics to
#2 was ^^thatvguys girlfriend
#3 a third party kid.
1 year and 5 months ago my house got searched up and down.. Less than 1.8 grams of Marijuana was found, and all my numerous guns seized due to the forfeiture laws.. The reason my house got searched is because # 3, self willingly overdosed and DIED from said narcotic that i sold to #1 which was prescribed to me.
They collected evidence and pariphinilia but the rest of my prescription was never accounted for. And there is no evidence linking me to #1 that i know of, but it's taken over a year for due process.
I've recently contacted the post board and will bring a federal suit against them, to dry to dismiss my murder charges along with several others.
My reason for posting is how much evidence and what kind would be needed to convict me of this?
A testimonial?
Text records?
Since this case has essentially ran cold why have they not done anything or contacted me. This long wait is scaring me a bit because if they only have minimal circumstantial evidence they would of at least tried to arrest me.
How long can they take to process my case and could i get my firearms back despite the weed found?
Any questions just ask, thanks
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Quote:
KilroyMilosevik said: Is the BAR a private corporation?
That depends on the state and what you mean by "bar". "Bar" is a general term that has several meanings. Generally, attorneys use the word "bar" to mean the licensing organization for attorneys. That differs from state to state, with two basic systems being the norm. They are called a "mandatory" or "integrated" bar association or a voluntary bar association
In a mandatory or integrated system, the bar association is the licensing body that handles examination, character and fitness investigations, continuing legal education, discipline, etc. One is a "member of the bar" and a member of the bar association at the same time. They are the same thing. In those situations, the bar association is a creation of statute or of the courts under their administrative powers. Whatever form such a bar association takes (government agency, state corporation, etc.), it is public in nature and certainly not a "private corporation".
In other states, the licensing body is separate from the bar association. In those states, the licensing body is a government agency or state corporation (still not a private one), but the bar association is generally a private entity (perhaps a corporation) that attorneys can choose to join or not to join. These voluntary bar associations are more like trade unions in that they have no actual authority to license or discipline attorneys in any official capacity.
To make it even more confusing, even in the voluntary jurisdictions, attorneys are "bar members" even if they aren't members of the bar association.
Quote:
Is the BAR a labor union?
Not in the same way as most unions are, but as noted above, voluntary bar associations do perform certain attorney advocacy that is akin to what a union would do. Quote:
Is passing a BAR examination admission into that association?
Not by itself in any jurisdiction. Licensing requires bar exam, character and fitness determination, and perhaps other requirements. As I said above, however, licensing and membership to the bar association aren't always one in the same. In integrated jurisdictions, they are, but in other states, one can join the bar without being a licensed attorney and one can be a licensed attorney without being a member of the bar association.
Quote:
Is passing a BAR examination rewarded with a license from the State to practice law similar to the way a semi-truck driver is licensed by the State after taking a commercial driver's exam?
It's similar, yes...but as noted above, passing the bar exam alone isn't enough to get a license to practice.Quote:
is that license to practice law an actual license in fact by definition? or is it a certificate?
This is distinction without a difference. The license to practice is an authorization to practice before whatever court issued the license. For instance, if I want to practice in Arizona, the Arizona Supreme Court must authorize me to practice before the courts in that state. They require me to take a bar exam, pass character and fitness, etc. to do so. The license they give me only allows me to practice in Arizona state courts, however. If I want to practice in a federal court in Arizona, I need a license from the federal district court of Arizona to do so.
Quote:
Does the State accredit law schools and hold BAR examinations, or is the association privileged of maintaining that duty itself?
Again, this depends on whether the bar association is integrated or not. Integrated bar associations are state agencies delegated the authority to license attorneys and set requirements for that licensing. In other states, the bar association has nothing to do with licensing. Quote:
Does the State claim jurisdiction over the BAR?
The "bar" as used to mean the licensing body is a state agency. It may be overseen by the legislature or by the Supreme Court of the state depending on how the state constitution/statute have it organized.
Quote:
Can only members of the BAR practice law, or otherwise engage in courtroom proceedings at or within the bar of the court?
Again, I assume you're using "members of the bar" to mean licensed attorneys. One must be a licensed attorney to represent another person in court, but a person can absolutely proceed on their own behalf without an attorney in any court.
As far as practicing law other than appearing in court, one needs a license to do so. The tricky part here is in defining "practice law". Bars have struggled with the intricacies of defining this term for decades and will likely continue to struggle with it for many decades to come.Quote:
Can only members of the BAR legally represent others at the bar of the court?
Yes, assuming you mean licensed attorneys. Membership in a voluntary bar association doesn't matter one way or another, though.Quote:
Which constitution do attorneys swear an oath to protect and uphold?
In every state I'm licensed, it's the Constitution of the United States and the state constitution of the state of licensing. I don't know about other states, though
(Continued in next post due to limitations in forum editor)
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Enlil]
#19542990 - 02/09/14 09:10 AM (10 years, 3 months ago) |
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.Quote:
Do attorneys hold a title of nobility known as "esquire"?
"Esquire" is not a title of nobility in the United States, and one can use the suffix on his/her name whether or not he/she is licensed.Quote:
- if so, is this title not in direct conflict with the original 13th amendment which was reposition and amended in the current Article 1, Section 9, clause 8?
No, since it's not a title of nobility. Further, no state or federal court "grants" the title of esquire to anyone.Quote:
What are the statutory consequences for attorneys and judges alike for perjuring an oath?
I'm not sure what you mean by "perjuring an oath." One can commit perjury, and one can break an oath. Those aren't the same thing, necessarily. Having said that, attorneys and judges are bound by the Rules of Professional Conduct and the Judicial Code of Ethics, respectively. Those rules are meant to enforce the values of the oath, and a violation of those rules can result in discipline up to, and including, disbarment.Quote:
Why can BAR attorneys hold multiple positions in separate branches of government?
Why can anyone? A person can be a cop and a city councilman at the same time. Attorneys aren't special in this regard.Quote:
Do attorneys have to file requests to appear?
I'm not sure what you mean by a "request to appear."Quote:
Is it true that an attorney can only legally represent wards of the state, government officials, and other employees within their own agency?
No. Attorneys can represent anyone who chooses to seek their representationQuote:
According to Corpus Juris Secundum Volume 7, Section 4, who are you to represent during court proceedings?
I have no idea. There is no "Volume 7, Section 4" of the CJS. The CJS is arranged by topic headings. You'd have to tell me the heading in order for me to look up section 4 of it.Quote:
Can a man serve two masters at once?
Outside of my expertise. You'd be better off asking Carlo Goldoni this questionQuote:
Can you define 'attorney' in terms of law, and its contrast to a 'lawyer'?
An attorney is someone who can represent another. A lawyer is just someone who has studied the law.
Here is a good link to explain the difference: http://www.wisegeek.org/what-is-the-difference-between-an-attorney-lawyer-barrister-and-esquire.htm
Quote:
Are attorney's permitted to make legal determinations?
I don't know what you mean by "determinations", but attorneys are allowed to give opinions about legal matters, yes. They don't really decide the law unless they happen to be a judge as well as an attorney.Quote:
Is the BAR association not in direct violation of the Taft Hartley act for running a closed union shop since the judge, prosecuting attorney and defense attorney are all members of the BAR?
No.Quote:
Is the BAR association not in direct violation of the Smith act as it is a private foreign organization positioned in all branches of government and acting against the interests of the people?
No. Further, it is not a private foreign organization, and is not acting against the interest of the peopleQuote:
Do you know anything about the CRIS (court registry investment system) fund or CAFR scams?
No.Quote:
Depending on where this goes, I may have some more questions regarding how the court establishes subject matter jurisdiction and whether they can proceed without evidence of such if it is questioned, how corpus delicti is established in crimes without injured parties and why "laws" are called "codes", "statutes", "acts", "ordinances" and "regulations" instead of "laws" in the rule books.
Ask away. A lot of people are confused about many of those things.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 67,521
Loc: Uncanny Valley
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Quote:
whitelights said: our car was just pulled over on the interstate in the state of rhode island, and two of my friends somehow just now remembered the drugs in their pockets one having under half a gram of ketamine, the other having around 25 grams or less of dried mushrooms. they took both into custody. they allowed us to drive away with my friends car. this happened 30 minutes ago. if there is anything i should do immediately? i know they cannot aford bail so i dont think there is. other than that, is there any advice i should pass on to them?
#1 thing they need to know: Don't say anything to the cops.
#2 They need to try to make bail asap.
#3 Get representation, whether court-appointed or private.
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