Law & Ethics - June 2007

2007-06-21 09:33:32 · 4 answers · asked by prometida 3

Mine request that I give:

1) driver's license
2) Soc number
3) bank acct number

What's up with this? I don't feel comfortable with any of it. And why DL? I understand the other two.

Also, can't you just write up something agreeing to pleading "no contest" if it goes to claims court over failure to pay? Shouldn't that be sufficient?

2007-06-21 09:27:14 · 7 answers · asked by Anonymous

I'm 17 years old and I just had a baby 5 days ago. My grandpa lives w/ us & so does my sis (she's 4). My mom lied to the both of them and didnt tell them it was my baby, she said the bby was 1 month old and she adopted the bby from her friend. so basically since she lied shes telling me not to show any attachment towards the bby and to not act like the babys mom in ANY way. so whenever my sis or gpa are home she doesnt let me care for the bby or hold my baby. she also said that when i get my checks from welfare that she'll be taking $100 or more from them, could she do all this to me?!

i need help, i live in california and i dont know what the laws are here for teen moms. please help me find a way out or give me any website or hotlines that can help.

would going to the police be a good idea? and what do i tell them?

2007-06-21 08:58:45 · 17 answers · asked by kjhk 1

....just wondering.....

2007-06-21 08:53:41 · 4 answers · asked by bob 2

My fiancée has worked for the same company for 2 years. She makes both salary and commission but the company has grown so they have begun cutting in on how much commission the employees make. Last year, my fiancée dealt with a sexual harassment situation at work, where she reported someone harassing her, but since then her own supervisor has always treated her differently. He felt she was stirring up trouble by reporting it. She is on a team with 12 other employees who all have the same job description yet they took her aside last week and told her that they were setting higher sales goals for her, higher than anyone else on her team. For example, they do these web site demos to bring in new customers. Everyone else on the team is expected to do 3 a day but they have her at 8. It appears they are trying to force her to quit or make it so they can fire her for not hitting expected quotas. Other than people saying she should quit, is this some kind of form of discrimination?

2007-06-21 08:37:12 · 5 answers · asked by Anonymous

I was a freight broker and truck dispatcher working strictly on commission. I made 20% of the proffit on each load covered by our office. I have been owed this money since the begining of Jan. She has told me many times she would make a payment. P.S. My boss was also my good friend which is why i have waited so long.

2007-06-21 08:23:17 · 3 answers · asked by Jaimie d 1

2007-06-21 08:14:27 · 6 answers · asked by Chase S 1

I was raised from birth by my aunt and uncle in Prentiss, Mississippi and all of my records have their surname listed as my last name. I am having some difficulties now and need a corrected birth certificate with their names on it. Someone please help me with the information so that I may become legal?

2007-06-21 08:09:12 · 4 answers · asked by In God We Trust 7

From a legal terminology standpoint? Does this infer free or reduced cost legal services?

Paul

2007-06-21 08:02:20 · 11 answers · asked by dunric 1

Please give arguments and examples to support your opinion.I need it for an exam:)

2007-06-21 07:54:51 · 1 answers · asked by Luisana 1

Personally, I think it should. It would be good for the economy and would also solve the crime and drugs problem.

2007-06-21 07:43:28 · 14 answers · asked by Anonymous

if they dont pay for 2 months what can be done? and does anyone know of any sites that help to locate a person for free?

2007-06-21 07:37:48 · 4 answers · asked by tabethamarie2002 3

My daughter's father called the Dept of Human Services against me twice. Both times the allegations were false but DHS has continued to harass me anyway. What are my rights? I'm not supposed to know that he filed the charges, however, a DHS employee working under anonymity found out it was him. In his report he alleged her mentally ill older brother who I couldn’t control has hurt my daughter. He furthers alleges my two-year-old (not his child) was also abused and had marks and bruises on him. These allegations are completely false. So how do I confront him and DHS without causing that person their job? Let me also mention that this man owes me over $25,000 in child support and we're due in court in August. I'm just not sure how to proceed at this point.

2007-06-21 07:32:47 · 2 answers · asked by strawberriesilove 2

I took my cloths to a new dry cleaner because I moved. They gave me the wrong jacket, one the was cheaper, larger and the wrong style and color. My jacket was a $200. BCBG jacket. When I returned to the store and diplomatically pointed this out, they claimed no responsibility for the lost jacket. What they did say was "One of your friends must have come in the middle of the night and switched the jackets." Yes, I know, totally insane. They refused to compensate me for that fact they had lost my jacket. i left the store livid.
I want to take them to small claims court but I have no proof that my jacket cost $200.00. I would hate to go to court without proper preparation for pleeding my case.
What would be my best recourse?

2007-06-21 07:28:25 · 9 answers · asked by flygirl 2

A week ago today may son, age 13, was hit by a large SUV (Suburban to be exact)...he's ok (THANK GOD!!!) except for some major road rash..bump on the head(he lost consiousness ), knee pain and hip pain. He was with a group of friends I don't particully like and one of the other kids threw a rock at a passing car. My son and the other kids got scared took off running. The man in the SUV saw all this and took chase on the kids...subsiquently hitting my son with his car. Now I'm not one who likes to sue...nor do I like it when hear how so many people are "sue happy", however, a lot of friends and family are telling me I should sue. My son was hurt and spent the day in the hospital...he still home in moderate pain still today. What do you guys think I should do?

2007-06-21 07:22:28 · 31 answers · asked by LILL 7

I meet with a company to get my property servayed so my husband and I could put of a fence with no questions about the property line. I was told it would cost $400.00 for them to come out and do the job. I paid the $400 up front. The company was suppost to have someone out at my home the following morning. Well they finally showed up the next day right at 4:30 with them leaving at 5:00 due to that being quitting time. They had to come back out the next morning to finish the job.
I recently got a bill in for an additional $400.00 . I called & spoke with the company & they are trying to say that due to them having to come out twice that I get charged twice. But the way I see it is they knew they would'nt be able to finish the job in less than 30 minutes & they should not have came twice to do a job that could have been done in one trip. I paid what I was suppost to pay & was told it would be done all at once for that one time price of the $400.00 I paid. Am I write or should I pay more

2007-06-21 07:02:12 · 19 answers · asked by Brandi 3

Ok, quick background here: Husband and ex wife have had child support amount set through courts, always taken from husband's check and sent through a clearinghouse.
When husband's ex-wife had deployment papers, they both went to the court, and agreed to stop child support payments since their child would be going back and forth between my husband and the child's grandmother.
Now she is back (after being gone almost two months) due to an injury, and is claiming that my husband owes her back child support, and wants it in cash. I guess her purse got stolen and she needs money now. Wouldnt that be a gift?
She is calling the house and being very rude to our nanny. We have never been on good terms with her, but I think she is crossing the line.
Should my husband tell her she has to go back through the courts to get the support started again?
Is there a way to set up that she cant call while my husband is working?
Im so sick of this drama!

2007-06-21 06:58:40 · 10 answers · asked by ? 4

My friend has a lawyer collecting on a "judgement" and I think he is being GROSSLY overcharged. How can I find out?

2007-06-21 06:34:31 · 8 answers · asked by Brandi G 2

This person works for tips. I am temperarily managing my grandfathers resturant and I have never came across this before. The guy works as our bartender and waiter. How do I resolve this situation?

2007-06-21 06:18:36 · 7 answers · asked by MJMGrand 6

2007-06-21 05:48:49 · 3 answers · asked by socksingapore 2

My friend shook hands with someone and the person noticed later that the ring was missing. He was then arrested and charged with grand larceny. The ring was later found and positively identified by the owner. HOWEVER, the person is still pressing charges.

I'm not sure if he's still charged with grand larceny since the ring in question has now been found. However, this will go on his permanant record and will affect his possibly future citizenship application.

The person pressing charges was extremely agressive throughout the encounter and verbally harrassed my friend's brother and coworkers. The person also threathened to kill my friend if the ring was not found not only once but twice. A harrassment complaint was filed with the police so it's been documented. Everything happened inside a restaurant so there are a number of witnesse

2007-06-21 05:44:32 · 6 answers · asked by Sasorisa 2

Based on the nature of the probation violation that she's guilty of, most people would have only received 2 or 3 days in jail - so I've heard. They gave her 45, and they kept bouncing her in and out of jail, which must have been very dificult for her. It was almost like psychological torture. Was her sentence and her treatment unduly harsh? The legal system might have been resentful of her because of her wealth, fame, beauty, and success. Everyone loves her and hates her at the same time, and I'm wondering if they just saw this as their opportunity to get her.

PS - This is my second time asking this question. I wanted to get as many responses as possible. :)

PSS - Serious responses only. Thank you.

2007-06-21 05:41:19 · 41 answers · asked by Anonymous

In many south american countries the coca leave is seen as a sacred leave because it prevents hunger, thirst among many other things. but y is it illegal in the u.s.?

2007-06-21 05:01:40 · 6 answers · asked by g_ramirezjr 1

i knew a question was going to be on one of three topics so i hid notes for each in the toilet roll dispenser, went for a toilet break and with the guy in the corridoor just memorised a paragraph and will have got all 30 marks easily, giving me an A and the place i needed at uni guarenteed, should i feel guilty?

2007-06-21 04:49:07 · 31 answers · asked by Ben G 1

Here in Orlando, FL., there is NO Equal justice...
just the type of justice the corrupt legal system dictates !

How is the justice where You live?
Equal?
Just?

2007-06-21 04:48:12 · 4 answers · asked by Anonymous

After death do all parties involved all need to agree before anything can be done? Their are a few of us involved, but one person thinks that he can make all decisions regardless of the deceased wishes or our wishes. Last I heard, all people involve had to agree or it just gets liquidated and the money goes into the estate. (This question is concerning the contents of the deceased's home) Thanks

2007-06-21 04:44:09 · 5 answers · asked by Chris 1

her friend for a very big sum of money? Young people were sittining and discussing whether they would agree or not in such a situation. But as for me, I was shoked, because I think that such a proposal equals with a crime, the same as taking/giving bribes is considered to be a crime. But in that case it is much more serious, because it puts under threat the life and private rights of another person. I suppose that people should be punished not only for taking bribes, but also for making this kind of proposals. What do you think?

2007-06-21 04:41:46 · 6 answers · asked by Like 2

will my pay drop to the GS-9 salary or will I continued getting paid at a GS-11 salary? IS it possible for your pay to decrease once you've started working for the govt?

2007-06-21 04:39:29 · 2 answers · asked by lstewart628 2

In Star Wars, Episode 3, in response to the Senate's grant of sweeping powers to Chancellor Palpatine, Padme declares, “So this is how liberty dies: with thunderous applause.”

The same may be said about the Military Commissions Act (MCA) that was recently enacted by Congress – that this is how freedom ends, with or without the applause.

Despite the fact that the MCA has received just a modicum of publicity from the mainstream press, it is undoubtedly the most ominous and dangerous piece of legislation in our lifetime. By suspending habeas corpus for foreigners, by adopting the executive branch's “enemy combatant” designation for both Americans and foreigners, and by establishing military tribunals for foreigners, the law not only entails a fundamental reordering of our criminal justice system but also effectively places the U.S. military in control of the American people.



Habeas corpus

Of all the rights and freedoms mentioned and enumerated in the Constitution and the Bill of Rights, the writ of habeas corpus is arguably the most important safeguard of individual freedom. Without the “Great Writ,” none of the other rights and liberties has much value.

To illustrate why this is so, let us assume that we live in a society in which everyone has the right of freedom of speech, including the right to criticize government programs. One day, someone criticizes some government policy. That day, a federal SWAT team conducts a no-knock raid and arrests the critic. The next day, several people protest the arrest, arguing that the prisoner has the right to criticize the government under principles of free speech. That afternoon, federal agents arrest and incarcerate some of the critics.

What could be done to get the prisoners released from incarceration? The answer is: Nothing, unless the society recognizes the writ of habeas corpus.

With habeas corpus, the prisoner files a petition with the judicial branch of government, asking a judge to order his custodian to appear before the judge to justify his incarceration of the prisoner. If the custodian refuses to comply, the judge issues an arrest warrant for him, which is enforced at the federal level by deputy marshals. Or let's assume that the custodian shows up and says, “Your honor, the reason we're holding him in custody is that he criticized the government.” In that case, the judge can order his immediate release, holding that criticizing the government is not a crime. Or if the judge incorrectly upholds the detention, the prisoner can file an immediate appeal to the appellate courts, which ordinarily give priority to habeas corpus proceedings.

Without habeas corpus, there is no way for a person who is being wrongfully detained to challenge his detention, even if the detention has gone on for years. In the absence of habeas corpus, he must continue to languish in prison until the authorities, out of the kindness of their hearts, decide to release him. That's in fact the way things work in communist China and communist Cuba, where everyone is guaranteed freedom of speech but has no way to secure his release from prison after exercising it.

Habeas corpus, a judicial remedy that stretches back centuries into English jurisprudence, is the linchpin of a free society. Emphasizing its importance, the Chinese philosopher Lin Yutang put it like this: “Personally, I think that one writ of habeas corpus is worth more than all the Confucian philosophy ever written.” That's why the Framers expressly included the protection of habeas corpus in the Constitution.

The Military Commissions Act cancels habeas corpus for foreigners accused of terrorism. In one fell swoop, the Congress, at the behest of President Bush, nullified centuries of habeas corpus protection.

It might be tempting for some Americans to say, “No big deal, because foreigners don't count.” But that is a grave error because history has shown that when citizens permit their government to deprive one class of people of critically important rights, it's only a matter of time before the government will do the same to other groups.

Ever since the inception of our nation, Americans have been able justly to take pride in the fact that their rules of criminal justice applied to everyone equally, across the board. Rich or poor, powerful or weak, everyone who was detained by the federal government on criminal charges has been entitled to the Great Writ, along with such important procedural rights as due process of law, right to counsel, trial by jury, and the right to cross-examine adverse witnesses.

Will the federal courts overturn the MCA's cancellation of habeas corpus for foreigners, given that under the Constitution Congress can suspend the writ only in times of invasion or rebellion? Ordinarily, the answer would be yes, because under our system of government neither the Congress nor the president has the authority to amend the Constitution by enacting a law that nullifies its provisions.

With the MCA, however, the Congress and the president pulled a neat little constitutional trick. The Constitution permits the Congress to determine what cases the federal courts will have jurisdiction to hear, and Congress used the MCA law to deprive the federal courts of jurisdiction to hear habeas corpus cases brought by foreigners.

Time will tell whether the courts uphold such obvious trickery. But if they do, Americans may well rue the day because if the feds can cancel habeas corpus for foreigners and deprive the courts of the power to do anything about it, they will be able to do the same thing to Americans, not only with respect to habeas corpus but also with respect to other rights and guarantees in the Constitution and the Bill of Rights.

Enemy combatants

Does the fact that habeas corpus was canceled only for foreigners mean that Americans are immunized from the arbitrary arrests, torture, and indefinite detentions to which foreigners will be subjected under the MCA? No, because slipped into the law was the president's and the Pentagon's post–9/11 concept of “enemy combatants” in the war on terrorism. That concept applies not only to foreigners but also to Americans.

What does it mean to be designated an “enemy combatant” in the war on terrorism? Just ask Jose Padilla, an American citizen who was designated an enemy combatant. The Pentagon took Padilla into custody some three years ago and for two years held him incommunicado in a navy dungeon. Even worse, the Pentagon employed the psychological techniques of torture against him that the North Korean communists had employed against American GIs during the Korean War. Padilla was locked up in solitary confinement and denied any contact with the outside world, with the apparent aim of driving him out of his mind as a result of what psychiatrists call “sensory deprivation.” According to Padilla's lawyers and psychiatrist, the mental torture has been successful, leaving Padilla with a disturbed state of mind that prevents him from assisting with his own defense.

The Pentagon takes the position that ever since 9/11, the U.S. military has wielded the power to treat any American just as it has treated Jose Padilla.

Padilla, through his lawyer, filed a petition for writ of habeas corpus, challenging his detention by the military. When the case was about to reach the U.S. Supreme Court, the government switched gears and announced suddenly that they were indicting him for the criminal offense of terrorism and transferring him to federal court jurisdiction.

The clever legal move deprived the Supreme Court of jurisdiction to hear Padilla's case (because the issue of military detention had become moot) but, equally important, it left intact the federal court of appeals decision upholding the government's “enemy combatant” concept.

Why is that important? For the simple reason that it has given the U.S. military omnipotent control over the American citizenry. With the president's use of the “enemy combatant” designation, which has now been formally enacted into law by the MCA, the U.S. military now wields the power to send troops across America and take Americans into custody and punish them through torture and deny them due process of law, trial by jury, and other procedural rights whose roots stretch back centuries in American and British law.

Don't Americans accused of terrorism, though, still have the right of habeas corpus? Yes, but all that habeas corpus does is require the government to show that it is justified in holding the prisoner. If there is no legal justification – such as holding someone because he criticized the government – the judge will order his release. But if the Supreme Court upholds the “enemy combatant” concept, as the federal court of appeals did, then all that the government has to do at the habeas corpus hearing is show some evidence that the accused had indeed been designated an “enemy combatant” in the war on terrorism. Once the government does that, the judge will dismiss the petition for habeas corpus relief and leave the prisoner at the indefinite mercy of his custodians.

What about the validity of the “enemy combatant” concept? It is political and legal chicanery that effectively gives the U.S. military standby control over the American people. All that the military has to do is fill out a form with a person's name on it – or with lots of people's names on it – and have the commander in chief (whether Bush, Hillary Clinton, or anyone else who happens to be president) sign it. At that point, military units can sweep into neighborhoods and effect the arrests and incarcerations of American citizens.

At the risk of belaboring the obvious, that's not what America is supposed to be all about. That's what the Soviet Union was, and China, North Korea, and Cuba are all about. Terrorism is a crime, not an act of war. That's why it's defined as a crime in the federal statute books. That's why it's prosecuted as a crime, both here and in Europe. That's in fact why federal prosecutors have prosecuted such terrorists as Zacarias Moussaoui (one of the 9/11 terrorists), Ramzi Yousef (one of the 1993 WTC terrorists), Timothy McVeigh (the Oklahoma City terrorist), and many others accused of terrorism. After all, let's not forget that Jose Padilla himself is now being prosecuted for terrorism in federal district court rather than being held as an “enemy combatant.”

Targeting the unpopular

The beauty is how U.S. officials have accomplished this standby hijacking of America's criminal justice system. They have targeted foreigners or unsavory Americans such as Padilla to get their doctrines established, knowing that most Americans would never come to their defense and knowing that most Americans would never suspect that a government victory in those cases might well end up applying to ordinary Americans as well.

So, under the current state of the law, thanks to Congress, the president, and the MCA, Americans can be incarcerated and tortured by the military for the rest of their lives. No due process and no jury trials. In fact, arguably foreigners accused of terrorism have it “better” under the MCA because they do get a trial – trial by military tribunal – while American “enemy combatants” get no trial at all. The reason I put the word “better” in quotation marks is that military tribunals, unlike jury trials in federal court, will be nothing but kangaroo proceedings where the outcome (guilt and death) will not be in doubt and where the proceeding is actually just a show trial for the benefit of the American people.

There are, of course, those who say, “We don't need to be concerned. Our government officials love us and will employ these powers only against foreigners.” The big problem with that way of thinking is that once the roundups begin amidst a big crisis environment, where everyone is stricken with fear, it will be too late to complain. Just ask German Jews or, for that matter, Americans of Japanese descent.

The time to protest is now. The time to fight for the Constitution and Bill of Rights is now. The time to restore habeas corpus is now. The time to repeal the MCA is now. The time to rein in the federal government is now.

2007-06-21 03:29:22 · 9 answers · asked by anch49 3

This is in regard to a book about the building of a fireproof farmhouse, built in 1907. It was published in 1913 by a publishing company that is no longer in existence, and the book is out of print. I am part of a community in northern NJ where the building stands and we are celebrating its 100th year. We would like to use the book written about the construction, scanning it and handing it out (possibly selling for a nominal fee) to those attending the celebration. What copyright issues might there be if any? Are there copyright laws that would prohibit us doing this? I also don't believe there are any of the author's /builder's family still alive.

2007-06-21 03:00:21 · 5 answers · asked by Anonymous