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Jewstress
Momma


Registered: 03/21/19
Posts: 6,364
Loc: everywhere.
Last seen: 5 hours, 37 minutes
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Is my camper still available to live in?
If so; can I head that way now?
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š
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Jewstress]
#28262051 - 04/04/23 01:12 PM (1 year, 2 months ago) |
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No.
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Darwin23
INFJ



Registered: 10/08/10
Posts: 3,284
Loc: United States
Last seen: 1 day, 16 hours
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Re: Ask a defense attorney [Re: Enlil]
#28271911 - 04/10/23 09:06 PM (1 year, 2 months ago) |
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Can a spouse be penalized for actively sabotaging and trying to threaten the other spouse out of divorce?
My wife initially agreed to an uncontested divorce but then refused to give me her address (which is 7 states away, btw) to complete the forms. I told her "Fine, I'll have them serve you the papers at work, then." She threatened to get a restraining order against me if I had them serve her papers at work. She then claimed to be pregnant with my child which would complicate things since we don't have kids, shared property or shared debt.
Our divorce was simple and could've been done with a $150 form from the internet, but now, she's forcing me to spend thousands on an attorney. I hope she is penalized.
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Take a look at my journal
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Darwin23] 1
#28271929 - 04/10/23 09:14 PM (1 year, 2 months ago) |
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She can't get a restraining order for having her served. If she's pregnant, that's going to complicate it, yes. You can't penalize her for getting pregnant. That's your doing, too.
Your best bet is to try to get and stay on her good side so that it will be as cooperative as possible. She can make it much more expensive, and there's very little you can do about it if she does.
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Abombs
Chaotic Neutral



Registered: 08/17/21
Posts: 884
Last seen: 10 months, 20 days
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Re: Ask a defense attorney [Re: Enlil]
#28290497 - 04/22/23 07:39 PM (1 year, 2 months ago) |
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Do those entry contract signs people put up protect the land owner in anyway? Or just maybe liablilty against trespassers?
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Abombs
Chaotic Neutral



Registered: 08/17/21
Posts: 884
Last seen: 10 months, 20 days
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Re: Ask a defense attorney [Re: Abombs]
#28290498 - 04/22/23 07:40 PM (1 year, 2 months ago) |
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Trespassers or uninvited persons?
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NothingsChanged
Striving for Excellence


Registered: 05/28/11
Posts: 10,368
Loc: North/Western WA
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Re: Ask a defense attorney [Re: Abombs]
#28290705 - 04/22/23 11:55 PM (1 year, 2 months ago) |
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You need a sign for the police to take any action.
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Crazy_Horse
Iām Rick James, bitch!


Registered: 08/15/16
Posts: 13,918
Loc: Hampsterdam
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Re: Ask a defense attorney [Re: Abombs]
#28290996 - 04/23/23 07:49 AM (1 year, 2 months ago) |
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Quote:
Abombs said: Do those entry contract signs people put up protect the land owner in anyway? Or just maybe liablilty against trespassers?
Is that the sovereign citizen stuff in Canada?
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Abombs
Chaotic Neutral



Registered: 08/17/21
Posts: 884
Last seen: 10 months, 20 days
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I'm have to find one and take a picture. I can't find it on the internet. Has "land entry contract" in big letters at the top.
I'm get more info then ask a better question šµš«
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Abombs] 1
#28292485 - 04/24/23 06:32 AM (1 year, 2 months ago) |
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There's plenty of examples of signs which purport to act as waivers wherein supposedly anyone entering the property waives any right to hold the owner liable for any number of things. Whether these are valid or not depends on the actual substance of the waiver.
Contracts like these are called "contracts of adhesion." Basically, they are a take-it-or-leave it set of conditions attached to a purchase or act of some sort. Such contracts aren't automatically void, but they are procedurally unconscionable because one party has full control over the substance of the contract. If the contracts are also substantively unconscionable, ie unfair in its terms, then the contract is unenforceable. If the contract has fair terms, then it very likely would be considered a binding contract.
Every time you click through a "terms of service" or "terms of use" on a website (including this one), you agree to a contract of adhesion. All of those contracts are analyzed the same way...for fairness of terms.
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Abombs
Chaotic Neutral



Registered: 08/17/21
Posts: 884
Last seen: 10 months, 20 days
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Re: Ask a defense attorney [Re: Enlil]
#28293570 - 04/24/23 07:01 PM (1 year, 2 months ago) |
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Interesting. I have trails on my property that people walk on. I want them to use them but I don't want to give permission for liability reasons. There are multiple no trespassing signs Before the trail.
I share a private road way with 2 other people. The Town does not plow it or Maintain it in any way and we have to take our garbage out to the main road.
May be worth putting up another sighn.
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Re: Ask a defense attorney [Re: Abombs]
#28293574 - 04/24/23 07:03 PM (1 year, 2 months ago) |
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You be better served putting up signs stating that the trails are dangerous, unmaintained, and constantly subject to change. That offers far more liability protection.
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Abombs
Chaotic Neutral



Registered: 08/17/21
Posts: 884
Last seen: 10 months, 20 days
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Re: Ask a defense attorney [Re: Enlil]
#28294233 - 04/25/23 05:39 AM (1 year, 2 months ago) |
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Anything to protect me for leaving my driveway pedal to the medal in a long 4 wheel drift.
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Anonymous #182
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Re: Ask an attorney *DELETED* [Re: Enlil]
#28314300 - 05/10/23 01:03 PM (1 year, 1 month ago) |
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Post deleted by Anonymous
Reason for deletion: .
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lifeiswhatyoumake


Registered: 09/30/11
Posts: 17,579
Last seen: 6 minutes, 15 seconds
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Re: Ask a defense attorney [Re: Enlil]
#28316197 - 05/11/23 06:31 PM (1 year, 1 month ago) |
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I payed for Spotify Premium partly because I wanted to download songs from there for personal use. Spotify says you can download songs with Premium:

When you hover over "download to listen offline" it says this:
"Download your music and podcasts, and take them anywhere your internet can't go. On Premium, you can download albums, playlists, and podcasts. You can download up to 10,000 songs on 5 different devices."
I payed for Premium, then went to download a song and it didn't download! All it did was save it to a folder within the Spotify app that lets me listen to it when not connected to the internet.
Is this not false advertising? I wanted to download the song to my hard drive, not save it to a folder in the app. "Download" has always meant save to your local computer hard drive.
Do I have a case here?
Edited by lifeiswhatyoumake (05/11/23 06:32 PM)
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Fungus Gnat


Registered: 11/08/22
Posts: 252
Loc: Oregon
Last seen: 7 hours, 52 minutes
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Quote:
lifeiswhatyoumake said: I payed for Premium, then went to download a song and it didn't download! All it did was save it to a folder within the Spotify app that lets me listen to it when not connected to the internet.
Is this not false advertising? I wanted to download the song to my hard drive, not save it to a folder in the app. "Download" has always meant save to your local computer hard drive.
Do I have a case here?
It almost certainly does download to your hard drive, just somewhere that the Spotify app knows about and likely in a format that only the app can utilize.
It says "Download to listen offline" which it sounds like you are able to do, no? Otherwise you could just download Spotify's entire catalog and cancel your subscription which would be pretty rough on their business model.
I'm no defense attorney, but I don't think this case would make it very far
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
lifeiswhatyoumake said: I payed for Spotify Premium partly because I wanted to download songs from there for personal use. Spotify says you can download songs with Premium:

When you hover over "download to listen offline" it says this:
"Download your music and podcasts, and take them anywhere your internet can't go. On Premium, you can download albums, playlists, and podcasts. You can download up to 10,000 songs on 5 different devices."
I payed for Premium, then went to download a song and it didn't download! All it did was save it to a folder within the Spotify app that lets me listen to it when not connected to the internet.
Is this not false advertising? I wanted to download the song to my hard drive, not save it to a folder in the app. "Download" has always meant save to your local computer hard drive.
Do I have a case here?
No. Downloading is the process by which a file is copied from a server to your client device. You are able to download it. The fact that it is a proprietary format that can only be read by the app is irrelevant to the accuracy of the advertising.
Also, what makes you think that the spotify folder isn't on your hard drive?
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Enlil
OTD God-King




Registered: 08/16/03
Posts: 68,233
Loc: Uncanny Valley
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Quote:
Anonymous #182 said: I have a question, but it's not about legal defense. This is about dealing with a corrupt sheriff and corrupt lead p.a. Just fyi, the Captain of the SD is a friend of mine and an honest person who got the shaft for trying to do the right thing regarding this case. The deputy pa seems to be a good honest person as well. Their heads of dept and a few others are the problem.
Three years ago, I witnessed an attempted gun homicide against a very respected elderly man, assaulted by a drunk/high on opiates private investigator. I stopped the attack and received grave injuries doing so.
The pi is buddies with the sheriff and two of the pi's kids are local leo. So, coverup began the moment a deputy (neighbor of the attacker's leo son) arrived on scene. It was a 9 month fight just to get the fact that a gun was involved added to the record (even though gun homicide attempt was the main focus of the 911 call I made); nothing more has been added since. There has never been an investigation, arrest, or charges against the attacker.
To give you an idea of how things have gone, here's the last email to the sheriff that contained anything important. Everything after this has just been me continually resubmitting my original report of the felonies and reminding the sheriff and pa that they're corrupt and not doing the duties they were elected to do:
"Hello,
Previously, I have stated that the assault and battery w/deadly weapon and attempted homicide (that I have reported at your office no less than 30 times and you still refuse to investigate or report and properly document), was a premeditated attack, likely planned by ________.
Previously, I had no proof of this that wasn't circumstantial, so I said I wouldn't be attempting to prove that. However, that proof is actually in the 911 recording. If you take the recording, run it through multiple cycles of compression and then boost the background sounds, you will hear ______ and a female discussing things before he goes outside with his gun. After an indistict discussion, the most identifiable statement is from the female, right before _____ exits the room. She is saying "Just tell me what to say." -12/8/2021
The attacker's wife called 911 and made a false report. Right after the conversation I mentioned in the quote, 911 kept asking her "Is there a weapon involved?" and she repeatedly said no, while watching her husband attempt to shoot the old guy (she apparently didn't consider that she couldn't have explained things if the gun actually fired). I had called 911 and already informed them there was an active shooting attempt happening.
That email wasn't very formal, because I was sick of taking the time to write anything formal and cordial to him. The sheriff didn't respond to that email, same as every single other form of contact I've used previously. He hasn't responded to a single thing, even when his captain cc'd us both in a major email and formally requested a response.
I'm the only one who has investigated the homicide attempt against the old man and the resulting attack against me. I've given them more than enough evidence to fully convict this person, yet there's still no investigation, charges, or arrest...nothing. They still haven't even entered my statement into record. The attacker's statement is the only one on record. All other statement, photo evidence, etc. has been excluded from record, but all of it has been emailed and submitted in person to the SD and the captain has taken the entire pile of it and placed it in the pa's hands (and cc'd multiple people as proof of doing so). The only thing added to the attacker's statement was a few lines that say "a supposed witness/suspect (no, that's not an error on my part) claims a gun was involved." Then, multiple entries regarding phone calls back and forth, not much more than a log of dates/times + arbitrary chat....and finally "Upon follow-up call today, ____ said that a gun in his possession was displayed at the scene." (he didn't just display; he tried to shoot the guy and cycled multiple rounds while repeatedly reassuming shooting stance and acquiring his target, but luckily was too drunk to realize his gun wasn't jammed, safety was on).
The pa and SD keep this in a cycle where they facetiously blame each other, so it goes nowhere. The sheriff and pa are both equally responsible for this situation. I've reported the pa to a couple regulatory agencies in state, but he gets off by saying that the sheriff didn't sign some paper. It sounds like the pa is technically correct per written procedure, but the captain has confirmed that this particular paper is almost never used in reality and, as stated, the captain personally put all evidence in the pa's hands. The captain took a lot of heat pushing this case on the pa and got nowhere. He eventually said there's no point doing anything else, since the pa said he won't prosecute even if the SD revises everything and does everything it should have done in the first place.
So, my question is do you have any idea how I can put either the sheriff or pa in such a bind that they will have to push it forward or else lose their jobs? Yes, they should have lost their jobs long ago. Even the FBI is well aware of this situation and said I'm not the first to contact them about it. Still, they said they can't do anything, just advised me of bias, "officers acting under the color of the law" and my civil rights + right to defend my rights against those officers if needed. They suggested a private attorney was the only realistic way to stop these situations (which they said are not uncommon), but private attorneys only want the local legal funds and all but guaranteed their actions wouldn't result in the offenders being held personally accountable. I'm only interested in holding the people accountable.
Do you have any suggestions that would force the issue enough to cause the sheriff and pa to turn on each other and cause one of them to get behind the case? I'm considering just forwarding everything I have to the local newspaper and seeing what they might do with it.
Unfortunately, the police have no duty to investigate or prosecute anyone. As a result, their failure to do so isn't really anything actionable as a matter of law.
The only way you'll be able to put any pressure on the police is by making it a public issue that gets people angry. Absent that, you're out of gas.
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Anonymous #168
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Re: Ask an attorney [Re: Enlil]
#28317165 - 05/12/23 12:19 PM (1 year, 1 month ago) |
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The wording on Spotify makes me think they planned for that, I noticed it last week.
It was something like getting premium gives you the option to ālisten offlineā. Which is odd cuz I donāt have premium and Iām able to load podcasts and listen to them offline.
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vandago


Registered: 07/07/04
Posts: 20,947
Loc: .
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Quote:
Psyche delics said: I need help asap my neighbor gave me a cat 2 years ago and I moved into my gfās apartment off the record wasnt on the lease or anything and my cat which at the time was our cat but now we are breaking up and shes going to say that this is her cat now and she wont share. My cat afaik is not registered in any town what should I do to prove ownership?
Iāve had 2 cats jacked from me, and there was literally nothing I could do since they werenāt microchipped.
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