Law & Ethics - July 2007

After watching an intense basketball game at a sportsbar this person pats a stranger's behind in a "good game" gesture. The kind of gesture you see on TV all the time during basketball games. The stranger pressed charges of Sexual Assault which were eventually dropped but now is filing charges of battery. Should the accused get an attorney? Do you think the charges will stick?

2007-07-07 15:19:06 · 11 answers · asked by Arthur T 1

Which has many trees, houses power lines, houses, and garages. They are shoot real fireworks, the kind that go in the air and explode, in the ally. In the state of Indiana, do we have the right to call the cops?

2007-07-07 15:10:27 · 10 answers · asked by caiticat2000 2

2007-07-07 15:10:21 · 4 answers · asked by Anonymous

be tried as an adult if the crime fits. At what point should the death pently be place on the teen. What are your veiws on this. I just saw where another teen was place on death row.

2007-07-07 14:20:37 · 11 answers · asked by Anonymous

A. can’t question the attorney about any topic related to the lawsuit.
B. can question the client about any topic relevant to the lawsuit.
C. can ask either attorney or client about subjects directly related to the confidentiality
that was breached.
D. can’t ask either attorney or client about topics, except for the exact subject of the
confidentiality that was breached.

2007-07-07 14:19:18 · 3 answers · asked by Anonymous

A. res judicata.
B. full faith and credit.
C. procedural due process.
D. freedom of religion.

2007-07-07 14:18:02 · 7 answers · asked by Anonymous

She keeps calling and hanging up. She calls a minimum of 10 times and keeps hanging up on me. If this keeps up every day I will be fired. What do I do?

2007-07-07 14:00:46 · 14 answers · asked by mmm651 1

If the trend continues and we can't get the attention of our elected leaders, Newspapers won't print letters to the editor, Judges and law enforcement don't care; Why not persue our own justice?

2007-07-07 13:39:32 · 1 answers · asked by Philip H 7

2007-07-07 13:28:00 · 4 answers · asked by Joe 4

Like for instance your mother or father?

2007-07-07 12:44:30 · 4 answers · asked by reggie29 2

A woman has not seen a few of her kids in a couple of yrs and her ex is not going to allow it anyway. She just wants to be left alone from him but that can't happen unless she gives up her rights.

2007-07-07 12:42:35 · 4 answers · asked by Anonymous

If a small town has few jobs and low income, would Walmart be a bad or good thing ? At the moment, people drive 1 hour to the closest Walmart and there are no discount " big box " stores .

2007-07-07 12:37:49 · 12 answers · asked by Anonymous

Or has it already happened?
It's really depressing to read the Yahoo questions from online members always asking how to get free ebooks, download free this, free that, music piracy without a care in the world that it's thievery. They don't think they should have to pay for anything. Has the internet with its down-loadable freeware mind-conditioned the current generation that stealing is OK, or do they even consider it stealing?
I wonder if they've ever mentally put themselves in the shoes of someone who has spent months, if not years, inventing, composing, writing a book, etc. only to have the rewards of their intensive labor casually stolen from them.

2007-07-07 12:36:19 · 4 answers · asked by Anonymous

Does this effect incoming drivers turning 16?

2007-07-07 12:34:48 · 3 answers · asked by JLee 1

Had a stinky bag of trash and could not wait for the trash man. there is a dumster a block from my house a an apartment cummunity. so i went over and through my bag in, and a lady that lived there saw me and i believe she wrote my tag number down. anyway i made sure to check for signs, there were no signs for private property and no signs that said anything about illegal dumping. and it was one freaken bag. so a week later i got a letter from the trash company (not sure how they got my address). didn't have my name. threatening me. said they had pictures of The items i dumped (a bag?) and pictures of my car located at my house. said they called the police and the police said to send a letter. and that they would be checking for future items that i put in, and would take legal action. Are they for real, or just trying to blow smoke up my but. anyone know anything about laws in this situation. (maryland)

2007-07-07 12:30:51 · 11 answers · asked by Eden 3

I through a big party at my house and we have an inground pool! It was a pool party! Well everyone got drunk, people started pushing everyone in! Well this dumbass had his phone in his pocket "700 dollars" he said! Well he had his clothes on and try to push one of my friends in sooo.. my sister pushed him in! She's drunk and doesn't relize he had his phone on him! And now he's threating saying i'm going to take you to court! I'm going to give you a letter saying what you owe and if you don't i'm taking you to court!! I kinda laughed!! Cuz' no ones going to waste there time on something like that! So can he really take her to court for that?? if it did go to court does he have a chance of winning?

2007-07-07 12:18:51 · 18 answers · asked by heathercgillette 2

I NOW have a protective order on my EX-fiance. Which is GREAT because he was terribly abusive in every way.
However, I will be giving birth in Nov to our son (i was on birth control b4 you guys start asking) and when I asked the Attorney about custody once he is born she said that more than likely the judge will grant split custody!She claimes that if there is not harm to the child so far then they won't deny him rights. BUT, isn't it the same thing if Im pregnant and he is physical with me than it means that he IS doing harm to the baby?!??
I would love for my son to get to know his dad one day but his dad really doesn't care, he still remained abusive and wouldn't stop drinking!
I can't even count the times since I left him that I tried to involve him in doctors visits and he went but always fighting with me because he wanted me back and I did not want that,all I wanted was a "parent" relationship 4 the sake of the baby.
So why will they give it to him if he's a proven offender!?

2007-07-07 12:09:58 · 5 answers · asked by Anonymous

How is it a minor can be punished for breaking public rules/policy when they cannot be held to a legal contract?

2007-07-07 12:03:54 · 8 answers · asked by GOW! 3

My sister & I sold a 150 acres of land in Texas a number of years back, but we did retain the mineral rights. Diversified Land Management Company wants permission to look for oil or gas and said that if they found any then we would go fom there. Do we give them permission to do this or what?

2007-07-07 12:01:48 · 4 answers · asked by J.J. 1

Picture this:

A woman is pulled over on a routine traffic stop. She has had too much to drink. When she tests positive and the cop is about to arrest her, she reaches for his holster. The cop fires shots at her. She does not survive.

Her husband finds out about what happened. That night, he goes to the cop's house, bringing his gun. As soon as the cop answers, the widower fires six shots at the cop's head, killing him on the spot. This happens right in front of the cop's wife, his preschool-aged daughter, and his baby son.

The widower turns himself in to police, believing he did the right thing. His defense attorney says he was justified, because the officer killed the one he loved, so he had it coming. The prosecutor says he is guilty of murder and should serve the life sentence (His state does not have the death penalty)

You be the jury...Whose killing was justified, and whose was murder?

2007-07-07 11:55:55 · 13 answers · asked by mikeburmeister@sbcglobal.net 3

Is it illegal to teach someone how to back their own DVD's and provide them with the free software. I just don't want to be liable for my friends actions. Thanks

2007-07-07 11:55:09 · 6 answers · asked by Love LA 2

Aides to Bush have asserted that the president retains the authority to conduct surveillance without court permission.

Lawsuit Against Wiretaps Rejected
Case's Plaintiffs Have No Standing, Appeals Court Rules

By Amy Goldstein
Washington Post Staff Writer
Saturday, July 7, 2007; Page A01

A federal appeals court removed a serious legal challenge to the Bush administration's warrantless wiretapping program yesterday, overruling the only judge who held that a controversial surveillance effort by the National Security Agency was unconstitutional.

Two members of a three-judge panel of the Cincinnati-based U.S. Court of Appeals for the 6th Circuit ordered the dismissal of a major lawsuit that challenged the wiretapping, which President Bush authorized secretly to eavesdrop on communications involving potential terrorists shortly after the Sept. 11, 2001, attacks.


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The court did not rule on the spying program's legality. Instead, it declared that the American Civil Liberties Union and the others who brought the case -- including academics, lawyers and journalists -- did not have the standing to sue because they could not demonstrate that they had been direct targets of the clandestine surveillance.

The decision vacates a ruling in the case made last August by a U.S. District Court judge in Detroit, who ruled that the administration's program to monitor private communications violated the Bill of Rights and a 1970s federal law.

Yesterday's action in the 6th Circuit means that the principal remaining legal challenge to the NSA surveillance program is a group of cases pending before a U.S. District Court judge and the U.S. Court of Appeals for the 9th Circuit in California. The primary issue before that appeals court, differing somewhat from that in the Michigan case, is whether the administration may claim that a privilege covering state secrets precludes the litigation.

The eavesdropping program -- first revealed by news accounts in late 2005 and the subject of intense political wrangling since then -- is one aspect of a broad assertion of presidential power by Bush in the past six years to justify policies meant to deter terrorism here and abroad.

As first devised, the program allowed the NSA to intercept telephone calls and e-mail between the United States and overseas in which at least one party was suspected to be affiliated with al-Qaeda or related groups, without the court approval typically required for government wiretaps, administration officials said.

The program prompted vehement objections from privacy advocates and many Democrats, who contended that it was illegal because it bypassed a secret court, created under the 1978 Foreign Intelligence Surveillance Act (FISA), to provide judicial oversight of clandestine surveillance within the United States.

In January, after Democrats gained control of Congress, the administration abruptly shifted its position. Attorney General Alberto R. Gonzales announced that the surveillance program would be overseen by the FISA court. But administration officials have not described critical details of the new approach, including whether a separate warrant would be required for each instance of monitoring. Aides to Bush have asserted that the president retains the authority to conduct surveillance without court permission.

With the change in the program, the administration argued before the 6th Circuit that the case is moot. The two judges who made up the majority, both Republican appointees, did not address that issue. Judge Alice M. Batchelder, who wrote the 35-page main opinion, focused her lengthy analysis on why she concluded that the plaintiffs -- many of whom have professional ties with people and organizations suspected of terrorism -- do not have the legal standing to bring the lawsuit. She said the plaintiffs could not show that they had been injured directly by the surveillance.

Judge Ronald Lee Gilman, a Democratic appointee, disagreed. In a dissenting opinion, he concluded that the plaintiffs are entitled to sue because they felt a need to alter their communications after the program was disclosed. Gilman also wrote that the case is not moot because "the president maintains that he has the authority to 'opt out' of the FISA framework at any time." And he agreed with the lower-court judge that the program violates federal law.

Administration officials lauded the 6th Circuit's decision. Deputy White House press secretary Tony Fratto called the lower court's finding that the program was unconstitutional "wrongly decided." Fratto said the appellate court "properly determined that the plaintiffs had failed to show their claims were entitled to review in federal court."

Steven R. Shapiro, the ACLU's legal director, said: "As a result of today's decision, the Bush administration has been left free to violate the Foreign Intelligence Surveillance Act, which Congress adopted almost 30 years ago to prevent the executive branch from engaging in precisely this kind of unchecked surveillance." He said the ACLU is examining its options, including the possibility of an appeal to the Supreme Court.

Senate Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) called the court decision "a disappointing one that was not made on the merits of the case, yet closes the courthouse door to resolving it." The panel has been conducting an investigation into the warrantless wiretapping program. Last month, it issued subpoenas to the administration, seeking documents related to the program's "authorization and legal justification."

The two lawsuits pending before the 9th Circuit include Al-Haramain Islamic Foundation, Inc. v. Bush, in which the plaintiffs, an Oregon branch of a Saudi charity that has been investigated for alleged terrorist ties and others, contend that they have a document proving they were a direct target of NSA surveillance. The other case, Hepting v. AT&T Corp., has been brought on behalf of a group of AT&T customers who allege that the company intercepted their phone calls and e-mails and disclosed them to the NSA.

The two cases are scheduled to be heard Aug. 15.

Staff writer Ellen Nakashima contributed to this report.

2007-07-07 11:53:31 · 6 answers · asked by trevathantim 2

I am the only one listed on the birth certificate, will it be pretty easy for my husband to adopt her, he has been her "dad" for the last 3 years she is turning 4 this week.
her "sperm donar" has not had anything to do with her since she was born.
thanks so much

2007-07-07 11:53:11 · 5 answers · asked by 3 girls call me mommy 5

I am 17 years old turning 18 in August, I got a lisence and a car and unfortunately, I don't have any money left to pay for gas, food and clothes. What would be your best suggestion about what I should do, where to work, or what?

I don't really want to get one of those jobs that you have to work at for a long time because I do have to go back to school in the fall and don't want to work somehere like that and quit after about 1-2 months so I don't know what to do.

2007-07-07 11:52:40 · 6 answers · asked by Anonymous

I work with temporary agents for catering in London. What Im asking is if theres some union or some organisation that will help if there are problems with not getting paid properly or health & safety issues etc.

There's alot of agents abusing their staff & particularly travellers from other countries. They dont know who they can trust & who to get advice from when pay day comes. Can anyone help? Thanks.

2007-07-07 11:43:35 · 8 answers · asked by tezsa 1

2007-07-07 11:43:32 · 11 answers · asked by Maakies 3

There is a guy in my group who has been extremely nasty, didn't get his work in on time, and didn't show up on time for work sessions. He now wants a copy of the final powerpoint with everyone's work included on it. I gave hima copy of his work only. He has threatened to sue me for the rest of it. Does he have a leg to stand on?

2007-07-07 11:39:20 · 3 answers · asked by apark3 2

Today I went to Walmart and when I got into the parking lot I unloaded the groceries into the car and pushed the buggy over to where the other buggies where. I tried to line it up with the buggy in front of me when i noticed something was stuck so I looked to see what it was and it was a brand new pack of batteries. Not thinking to much about it I took the batteries and just thought today really is a lucky day being it 07/07/07, but when i got home and showed them to my brother he made me feel guilty and said that it was like stealing from the store. What do you think?

2007-07-07 11:14:54 · 10 answers · asked by Anonymous

I'm not trying to put anyone down, I'm just curious, and hope at least a few of the conservative Christians on here can give me a straight answer. Once of the ten commandments is you can't kill, and Jesus said love the sinner hate the sin. How does this square with those of you who are pro death penalty and Christian? It doesn't say it's ok to kill sometime, or under certain circumstances so how is it ok? (I'm liberal and anti-abortion so you all can leave that one alone) I really would like to know the answer to this one so please some one give a serious answer.

2007-07-07 11:09:21 · 9 answers · asked by crushinator01 5

This person lied to several judges and has cost me thousands what can I do to get this person into the light of the truth I have the proof but noone seems to care about being lied to so as of yet nothing has been done to bring out the truth and stop this person from ruining lots of lives.

2007-07-07 11:07:21 · 12 answers · asked by hoey 2