HDTenEightyP/NetNews huggingface dataset:
From: "hilary miller" <hilary.miller@execnet.com>
Newsgroups: misc.legal
Subject: traffic court questio
Date: 12 Dec 92 11:46:58 EST
Reply-To: "hilary miller" <hilary.miller@execnet.com>
Distribution: misc
Organization: Executive Networks Information


Bob Hadley, in a message to All on 12-11-92 at 5:05am, said:

BH>| If anyone has had personal experience with the situation of
   |(unknowingly) driving on an expired license, and has some advice for ho
   |to handle the traffic court situation I would appreciate it.  I.E. is i
   |worth having a lawyer, etc.  The license in question was about 2 months
   |expired at the time of the incident, and the RMV did not have the
   |correct address, so no reminder notice was issued.  Thanks in advance.
   |_______________________________________________________________________

          Renew the license immediately, *then* go into court.  Tell
          the judge that you *inadvertently* failed to renew because of
          the mailing problem, that you now have a valid license, and
          ask him to drop the charge.  It probably won't work, but it's
          worth a shot.


   L A
 I    R        Hilary B. Miller of Greenwich, Connecticut
  H/\Y         CIS: 76040,1743
    
---
  DeLuxe/386 1.25 #11645  Nietzche is pietzche, but Sartre is smartre.
--
Executive Network Information System  (914) 667-4567
International ILink Host
Xref: sparky misc.legal:21471 talk.politics.misc:64739 ca.politics:10422
From: "nigel allen" <nigel.allen@canrem.com>
Subject: Re: Attorney v. Lawyer
Reply-To: "nigel allen" <nigel.allen@canrem.com>
Organization: Canada Remote Systems
Distribution: misc
Date: 20 Dec 92 23:10:53 EST


In England, lawyers are either solicitors or barristers. Both solicitors
and barristers can appear before the lower courts, but normally only a
barrister can appear before a higher court. A client cannot hire a
barrister directly; instead, the client must go through a solicitor, who
deals with the barrister.

Judges of the higher courts are all former barristers.

Canadian lawyers identify themselves as "barrister and solicitor" rather
than "attorney". One exception is Quebec's notaries, who have legal
training comparable to that of the regular lawyer, but whose practice is
normally restricted to non-adversarial matters (real estate
transactions, wills, trusts, etc.). In the rest of Canada, notaries
public have the same limited functions as notaries public in the United
States, except that in Ontario (and possibly certain other provinces)
all lawyers are automatically notaries public.

As well, patent and trademark agents are highly-trained paralegals who
handle patent and trademark applications, but are not lawyers.

 And in recent years, there has been a significant increase in the
number of traffic ticket agents, non-lawyers (often former police
officers) who defend against traffic tickets for less than what a lawyer
would charge. (Their fee may be more than the possible risk, but a
traffic ticket can cause your car insurance premiums to go up more than
the paralegal's fee.)
--
Canada Remote Systems  - Toronto, Ontario
World's Largest PCBOARD System - 416-629-7000/629-7044
Newsgroups: misc.legal
From: gray@rsvl.unisys.com (Bill Gray )
Subject: Re: Informing others of a company's debt?
Keywords: debt legal
Organization: rsvl.unisys
Date: Tue, 15 Dec 92 16:20:46 GMT

schonert@ux1.cso.uiuc.edu (Juanita Schonert) writes:

>I have a question concerning a company's that used to do business
>with us, and we had to take to court concerning a substantial debt.

>The company signed a stipulation that they owed the money, and would
>make monthly payments. We have had to go to court for judgment twice
>now to receive those monthly payments. The company owes considerable
>money to us and other sources.

>Here is my question. A vendor asked me if I could provide him with
>information on the status of this company with us after he found
>we had done business with them. Th company in debt has not approved 
>this other company checking with us about their financial status.

I am not a lawyer and this is not legal advice.  If you act on it, you
do so at your own peril.

I believe that giving preferential treatment to one creditor over another
of equal standing is one of the acts that can be used to place a debtor
into involuntary bankruptcy as opposed to voluntary bankruptcy.

The difference is one of perspective, I think.  The voluntary bankruptcy
procedings basically assume that the creditor is more or less honorable,
just broke (probably due to his own poor judgement, but broke anyway).
The involuntary procedings make less charitable assumptions about the
debtor.

Or maybe it's the other way around.  :-)  (I _told_ you I'm not a lawyer!)
Anyway, I'm pretty sure that the creditor's interests are better protected
in one instance than in the other.  Before you do anything about sharing
what may be evidence of preferential treatment of your firm over others,
you'd better see what implications that information could have for your
company and others.

Good luck,

Bill, who is hoping for a sizable payment from a bankrupt who has at least
some assets.
-- 
: gray@rsvl.unisys.com                      :                                  :
:                                           :  My gun is safer than Ted        :
: Unisys has enough problems without being  :  Kennedy's car.                  :
: blamed for my personal opinions.          :                                  :
Xref: sparky misc.legal:21264 talk.politics.misc:63910 alt.activism:19512
From: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Newsgroups: misc.legal,talk.politics.misc,alt.activism
Subject: Re: The Truth About the Jury and the Law
Keywords: Jury Power
Date: 11 Dec 92 23:01:48 GMT
Reply-To: tjc50@juts.ccc.amdahl.com (Terry Carroll)
Organization: Amdahl Corporation

In article <Bz2Hpz.zL@mail.boi.hp.com>, politics@hpbs654.boi.hp.com 
(Concerned Citizen) writes:
> "The Jury has unreviewable and irreversible power...to acquit in
> disregard of the instructions of the law given by the trial judge..."
> "...The pages of history shine on instances of the jury's exercise of
> its prerogative to disregard instructions of the judge; for example,
> acquit under the fugitive slave act." U.S. v. Dougerty, 473 F 2nd
> 1113, 1139, (1972).

Gotta love that creative editing.  Here's the full quote, in context, so you 
can tell that the judge was in fact _disapproving_ of jury nullification:

"The pages of history shine on instances of the jury's prerogative to 
disregard uncontradicted evidence and instructions of the judge.  Most often 
commended are the 18th century acquittal of Peter Zenger of seditious libel, 
on the plea of Alexander Hamilton, and the 19th century acquittals in 
prosecutions under the fugitive slave law.  The values involved drop a notch 
when the liberty vindicated by the verdict relates to the defendant's 
shooting of his wife's paramour, or purchase during Prohibition of alcoholic 
beverages."  US v. Dougherty, 473 F.2d 1113, 1130 [not 1139] (C.A.D.C. 1972).

What Judge Leventhal was doing was pointing out that the positive aspects of 
ignoring judges' instructions are overstated and exaggerated, not that they 
were appropriate.  It's instructive that the majority opinion ruled _against_ 
jury nullification in this case.

Terry Carroll - tjc50@juts.ccc.amdahl.com - 408/992-2152
The opinions presented above are not necessarily those of a sound mind.
Newsgroups: misc.legal
From: larry@world.std.com (Larry Appleman)
Subject: Attorney v. Lawyer
Summary: What's the difference between "attorney" and "lawyer"?
Organization: The World Public Access UNIX, Brookline, MA
Date: Thu, 17 Dec 1992 19:19:03 GMT

In article <1992Dec17.124527.13395@mwhhlaw.uucp> uunet!mwhhlaw!tim wrote
to dreitman@oregon.uoregon.edu (Daniel R. Reitman, Attorney to Be):
>Since you hold yourself out as "Attorney to be" (more accurately "lawyer to
>be" - there is a difference); check out an area know[n] as quasi-contracts....

What IS the difference between an "attorney to be" and a "lawyer to be"?

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Larry Appleman                            60 Otis St., Cambridge, Mass. 02140
Organization: University of Maine System
Date: Friday, 11 Dec 1992 16:53:42 EST
From: Ryan R Robbins <IO20456@MAINE.MAINE.EDU>
Newsgroups: misc.legal
Subject: Basic Question about Search Warrants

I have a question about search warrants that as probably come up
more than once in this group.

Let's say the police obtain a search warrant to search a house
they have reason to believe contains stolen money from a bank
or something.

While searching the house for the stolen money, they come across
a stash of narcotics.

My question is: If the police don't find any money, can they make
an arrest and the district attorney bring charges against the
house's owner for possession of narcotics? Or do the police have
to "forget" they saw what they saw and obtain another search
warrant that specifies they're looking for narcotics?

Thank you.

+===============================================================+
||   RYAN ROBBINS                    INTERNET:                 ||
||   UNIVERSITY OF MAINE             IO20456@MAINE.MAINE.EDU   ||
+===============================================================+
From: AllanWS@cup.portal.com (Allan BA Schlaugat)
Newsgroups: misc.legal
Subject: Basic Copyright Information
Date: Mon, 14 Dec 92 16:32:27 PST
Organization: The Portal System (TM)
Distribution: usa

I have a very basic question concerning copyrights. Several
years ago when I was attending the U of Wisconsin at Eau Claire
I was involved in the Geography Department as a student. I my 
studies I designed and produced maps and papers. At my option
I could copyright my best work with a represenative at the 
University who took care of all the paperwork and obtained a 
copyright. The represenative was employed through the State of
Wisconsin (the UW System). Now my question..
A 'mister know-nothing know it all' on a local BBS and I got into
a heated discussion about this. He claimed that what I did was a 
'baldfaced lie' and that I had to obtain a form 'TX-80' through
'the US Patent Office'. He also claimed that I could NOT get a 
copyright through the state like I said and HAD to go through
the US Patent Office. I know this is utter nonsense but I am
afraid that I cannot convice him otherwide. Can anyone with 
experience with this help in explaining how this can be done
and help me convince this poor misguided sole that what I did
is possible.
Thanks..
AL Schlaugat  / allanws@cup.portal.com \ AX.25 N9ISN@W9NNS.WI.USA.NA
Newsgroups: misc.legal
From: kaufman@Xenon.Stanford.EDU (Marc T. Kaufman)
Subject: Re: Adverse Possession
Reply-To: kaufman@CS.Stanford.EDU
Organization: CS Department, Stanford University, California, USA
Date: 19 Dec 92 04:25:34 GMT

THOMASG@epx.cis.umn.edu (Thomas D. Gasser) writes:

>Hello All,

>I have run into an issue with my city government.  I own a home next to the 
>old city hall in a small Minnesota town.  The City hall was built in 1904, 
>my home in 1913 and my one car garage in about 1945.  In the early 40's a 
>water tower was also built on the City hall site behind the hall.  

>A new water tower was built last summer and it was discovered that to 
>use my driveway or enter my garage I need to drive on city property. This 
>was news to both myself and the city government who assumed the the property 
>line was about 10 feet the other way.  

>The city is planning to build a fence on the property line.  This of coarse 
>would deprive me on use of both my driveway and garage.  Do I have any 
>recoarse though adverse property laws?  Where is the best place to find out 
>what the laws are in this case.  The value of the garage is such that it is 
>not worth bringing an lawyer in on the problem.

Unless you paid taxes on the city land, you probably don't have a case for
adverse POSSESSION of the property, but you have almost certainly a good
chance for Prescriptive Easement and/or Easement by reason of Necessity.
For prescriptive easement you have to openly use the driveway or whatever
for a term of years (at least 5, here)... BUT - in most jurisdictions the
use has to be "notorious" and with the knowledge that you were using the
city's land.  The Necessity easement may be a better go.  How about
negotiating with the city for a legal grant of easement to access your
garage?  Or maybe they will help you design and build a new access that
doesn't encroach.

-- 
Marc Kaufman (kaufman@CS.Stanford.EDU)

Newsgroups: misc.legal,soc.men,soc.women,soc.singles
From: Will Steeves <goid@zooid.guild.org>
Subject: Re: Pre-Sex Contract
X-To: WOODY MULLER
Organization: The Zoo of Ids
Date: Sat, 19 Dec 1992 16:45:00 GMT

woody@wolves.Durham.NC.US (Woody Muller) writes...
WM> As a paternity-suit father, the non-custodial parent of a boy just
WM> under 4 years old, I'd like to make a few comments and observations.

WM> First and most important, this discussion is about whether two parties
WM> can contract to deprive a third party of funds.  Denninger's contract
WM> would be laughed out of court;  End of story.    ^^^^^^^^^^^^^^^^^^^^

It isn't Karl who proposed this contract, I recall.


WM> Finally, I have seen no mention of the upside of a paternity suit --
WM> the child itself.  Even (perhaps especially) in "visitation" doses,
WM> a kid is a wonderful thing to have.  Mine costs me $4800/yr, plus some
WM> travel and expenses, and it's well worth it for a lifetime friendship.
                         ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

Fine for you, if you WANT the child, and can *afford* the $4800/year, but
what if you can't afford the child, or DON'T WANT a child?

This *is* what Freedom of Choice is all about, and I am starting to tire
of this concept only being applied to women.

---
Will Steeves, goid@zooid.guild.org                      "Neil Hull is GOiD"
ZOOiD BBS, Toronto, Ontario - The Zoo Of Ids            "GOiDS Rule"
(416) 322-7876

"Cthulhu for President in '92 - Why vote for the _lesser_ of two evils?"
                                                          - Bronis Vidugiris
---
 * SLMR 2.1a * Ensign Wesley Crusher, please report to Airlock 2...
Newsgroups: misc.legal
From: adwright@iastate.edu ()
Subject: divorce and medical insurance
Organization: Iowa State University, Ames IA
Date: Thu, 17 Dec 1992 15:59:28 GMT

If a couple get divorced is there any way to get group medical insurance
to continue the coverage? This is for someone who is insured by her
husbands group plan, but would be uninsurable otherwise. She is able
to work but does not have a job with benefits.

 I know about short term stuff like CORBRA (sp?)
plans, but are there any other options?

I heard that the court could order the insurance coverage to continue.

Any thoughts?
Thanks in advance
Allen


Newsgroups: misc.legal
From: bhayden@teal.csn.org (Bruce Hayden)
Subject: Re: Fired for bad email postings
Organization: Colorado SuperNet, Inc.
Date: Thu, 17 Dec 1992 16:05:07 GMT

tzs@carson.u.washington.edu (Tim Smith) writes:

>bobk@dogear.spk.wa.us (Bob Kirkpatrick) writes:
>>Yes, he had a 'right' to be unnerved by the presence of another. Filing
>>your suit stating that you were your own counsel of record means just
>>that --no other counsel. 

>I've got a question here (we don't really get into depositions
>until next term in civil procedure).  Why can't you have someone
>else there?  A quick examination of the Federal Rules of Civil Procedure
>failed to turn up an answer to this.  On the other hand, the Rules are
>what people should have been citing a while back in that earlier thread
>about hard-to-read legal writing, so I am not at all confident that I
>was even in the right section!

Of course there aren't rules against it. I think that it is a question
of the lawyer trying to use the law against someone without reprentation,
then getting upset when he can't take advantage of the situation.

Bruce E. Hayden
(303) 758-8400
bhayden@csn.org
From: peewee@infoserv.com (Philip Stromer)
Newsgroups: misc.legal
Subject: Re: Fired for bad email
Date: Sat, 19 Dec 92 09:22:27 PST
Distribution: world
Organization: Friends of Lenny Bruce

        >Philip, the companys attorney is within his rights to ask 
        >for the order since you had said you would be without an 
        >attorney. 
        
Of course he's within his rights to ASK for the protective order.        
I claim that he's shown no good cause to OBTAIN such an order.
The law says that he must show that the nonparty at the deposition
would cause "annoyance or embarrassment" at the deposition.

I never claimed that my father was representing me.  I merely brought
him along as an expert witness as to the procedural matters of a
deposition, to make sure that my rights didn't get violated.

        >Listen, as a praticual matter, why don't you have your father 
        >placed as the attorney of record, then their order becomes a 
        >mute point!
 
Naturally, I would if it were that easy.  He's been suspended from
practicing law, and rather than fight the suspension, he resigned
from the Bar instead of paying the fine.  But that doesn't mean that
he's no longer an expert witness as to deposition procedural law.
At least, that's how I intend to argue in front of the Judge.

The law states that counsel may retain an expert witness.  Since I
have no counsel, does this mean that I lose the right to retain an
expert witness?  I doubt that the spirit of the law intends this, so
I'm challenging the motion for the protective order.
 
--Philip Stromer (peewee@infoserv.com)
From: pascal@CAM.ORG (Pascal Gosselin)
Newsgroups: misc.legal
Subject: Anti-Gray Marketing laws ???
Keywords: gray marketing law
Date: 18 Dec 92 19:29:28 GMT
Organization: Communications Accessibles Montreal, Quebec Canada

Greetings,

Please help me settle a little discussion I was having over lunch with
my boss.

He contends that a computer store quoting a price (in writing) on
an Apple Macintosh but is NOT an authorized dealer (he is a gray marketer)
opens him up for a lawsuit on the part of Apple.

I say this is absurd. I say that for as long as the reseller does not
attempt to pass himself off as an authorized reseller, does not use
the company logo or Font, he is safe from prosecution.

This is in Quebec, where the "code civil" probably differs in this matter
from other provinces and the US.

Still, I'm pretty convinced that anti-gray marketing laws are close to
non-existant here.

Who's right ?


Thanks!

-Pascal
 

-- 
+--------------------------+-------------------------------------------------+
    Pascal Gosselin        |     Communications Accessibles Montreal  
    pascal@CAM.ORG         |  A non-profit corporation.  Newsfeeds & More.   
  Apple Support Specialist |  For info: info@CAM.ORG or Voice (514) 923-2102 
Newsgroups: misc.legal
From: bhayden@teal.csn.org (Bruce Hayden)
Subject: Re: Basic Copyright Information
Organization: Colorado SuperNet, Inc.
Distribution: usa
Date: Wed, 16 Dec 1992 09:06:46 GMT

AllanWS@cup.portal.com (Allan BA Schlaugat) writes:

>I have a very basic question concerning copyrights. Several
>years ago when I was attending the U of Wisconsin at Eau Claire
>I was involved in the Geography Department as a student. I my 
>studies I designed and produced maps and papers. At my option
>I could copyright my best work with a represenative at the 
>University who took care of all the paperwork and obtained a 
>copyright. The represenative was employed through the State of
>Wisconsin (the UW System). Now my question..
>A 'mister know-nothing know it all' on a local BBS and I got into
>a heated discussion about this. He claimed that what I did was a 
>'baldfaced lie' and that I had to obtain a form 'TX-80' through
>'the US Patent Office'. He also claimed that I could NOT get a 
>copyright through the state like I said and HAD to go through
>the US Patent Office. I know this is utter nonsense but I am
>afraid that I cannot convice him otherwide. Can anyone with 
>experience with this help in explaining how this can be done
>and help me convince this poor misguided sole that what I did
>is possible.
>Thanks..
>AL Schlaugat  / allanws@cup.portal.com \ AX.25 N9ISN@W9NNS.WI.USA.NA

1. State copyright protection was preempted by the Copyright Act
of 1976 (17 USC 301).
2. Since 1978 (Again the 1976 Act), copyright protection is by
operation of law (it is automatic). It attaches to a work at the
time of creation. What you are probably talking about is registration.
3. Registration of copyrights is done through the U.S. Copyright 
Office. Note - the cost is $20.00 per application, not the $10.00 
fee still shown on copyright forms.

I am presuming that what happened is that someone at the university
filled out the form for you. This makes some sense if the work
was done in connection with the school - the school would have some
interest in protecting its own interests, and might conceivably
offer such a service. 

If this was done after 1978, then you both must be talking about
federal registration (with the C/R office) since state copyright
law was preempted by the 1976 Act.

Bruce E. Hayden
(303) 758-8400
bhayden@csn.org

Newsgroups: misc.legal
From: lkk@panix.com (Larry Kolodney)
Subject: Re: parol evidence (was: Re: Who's weakening the constitution?)
Date: Fri, 18 Dec 1992 23:35:59 GMT
Organization: The Devil's Advocate

In <bhayden.724691939@teal> bhayden@teal.csn.org (Bruce Hayden) writes:

>al@gtx.uucp (Alan Filipski) writes:

>>In article <1992Dec13.163402.7080@panix.com>, lkk@panix.com (Larry Kolodney) 
>>writes:
>>> Like any other contract,  you must refer to the
>>> plain language of the contract [you know, the parol evidence rule], to
>>> determine what it means. 

>>Can someone explain this in more detail or give a reference?  what is
>>"parol evidence"? (I missed a part of this thread, so i apologize if
>>this has been answered, but I am very interested in knowing more about
>>this.)


Parol evidence is evidence of acts or oral statements made prior to
entering into a contract, which purport to change the terms of the
contract.  

In other words, if you and I are negotiating to buy/sell a used car,
and I (the seller) say to you (the buyer), "I will of course throw in
my radar detector as part of the deal" and then later on we sign a
written contract which mentions no radar detector, you cannot come
into court later and and claim that the radar detector was part of the
deal.  

-- 
larry kolodney:(lkk@panix.com) 
_(*#&)#*&%)@(*^%_!*&%^!)*&#+!*&$+!?&%+!*&^_)*&#%)*&^%#+&
The past is not dead, it's not even past.   - Wm. Faulkner

Newsgroups: misc.legal,misc.legal.computing,sci.edu
From: rboudrie@chpc.org (Rob Boudrie)
Subject: Interstate Commerce
Organization: Center For High Perf. Computing of WPI; Marlboro Ma
Distribution: usa
Date: Wed, 16 Dec 1992 16:31:45 GMT


Is it illegal to ship something which is legal in state A to state B
where it is illegal?

Specific examples I am thinging of :

 - Certain weapons (tear gas, martial arts weapons, etc.)
 - Certain anima products (dried rattlesnakes appear to be illegal in Ca)
 - Locksmithing supplies (in the hands of non-locksmiths)
 - Ammunition
 - High capacity assault rifle magazines (illegal in NJ)

I am wondering because I see many mail order firms offering products
which are illegal in some states - these mail order houses sometimes,
but not always, have sale restrictions on certain prodcuts (ie, not
sold in CA).

Can anyone point out SPECIFICALLY what laws make the practice of shipping
"illegal at point of destination" merchandise either legal or illegal?

                                        rob b.
Newsgroups: misc.legal