posted
Very interested! Trials are better when they're funny and silly !
From: If you don't want my peaches, honey... | Registered: Sep 2003
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posted
Well Trial Practice was set up in a courtroom at the law school. Basically we were given case information (witness statements, evidence, etc.) and would be assigned to either examine or cross-examine a witness (played by another classmate)
One of the first witnesses I had to examine was the victim of a purse snatching. Within the case information we were told that when the defendant was captured, the victim was shown his, and only his, mug shot. (Not good for identification purposes). I and a couple of other students went up for questions after class. The professor (a retired judge) said that we would have to come up with another means of getting the identification before the jury. So I thought about it.
When my turn came to examine the witness, I said "Ms. Gale, do you see the man who attacked you on the night in question?" "Could you point him out?" "Your Honor, may the record show that the witness pointed to the defendant"
One of my classmates later said that as I was doing that, he thought it sounded hokey. However the professor made a point about how important in court identifications are and how juries eat them up.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
My other big moment in Trial Practice was at the end of the semester. We were to examine and cross-examine an expert witness.
Now by this time in the semester, quite a few of the students were leaving the class as soon as they had done their bit and not staying for the professor's comments. In preparing us for the expert witness, the professor said that as the side calling the expert, you had to establish the witness's credentials (education & professional experience) and that you should go throough it even if the other side would stipulate to the credentials because "juries eat up that stuff".
So, I was the side to cross-exam the expert. When my classmate started in on the asking about credentials, I interrupted and said that I was willing to stipulate that the witness was an expert. My classmate, who hadn't stay in the previous class, said "Great, now I don't have to ask these questions" and started to turn to his other questions. The professor interrupted and again stated how important it was to establish the credentials of the expert witness.
I did maintain my composure, but inside I was like "YES!!!!!!"
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
Ha, good stories Quis! Trial Practice seems like it was one of the fun parts of being trained as a lawyer, something that I'm sure could use a few more fun aspects
From: If you don't want my peaches, honey... | Registered: Sep 2003
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posted
Sits in office, feet on the desk waiting for more clients.
Thumbs through old issues of the Legion
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
The Lost Legionnaires came back after one year and demanded their back pay. According to them, they didn't know the Legion had been disbanded and were operating under the assumption that they were still on Legion business, fulfilling our mission of bringing peace and security to all sentients.
However, some administration people say that they shouldn't be paid for the time they weren't here; nobody else was. (The people helping to build Legion World and keep it hidden were paid out of R.J. Brande's personal fortune that he had squirreled away in some golden parachute deal with McCauley.) Who's right?
quote:Originally posted by Fat Cramer: The Lost Legionnaires came back after one year and demanded their back pay. According to them, they didn't know the Legion had been disbanded and were operating under the assumption that they were still on Legion business, fulfilling our mission of bringing peace and security to all sentients.
However, some administration people say that they shouldn't be paid for the time they weren't here; nobody else was. (The people helping to build Legion World and keep it hidden were paid out of R.J. Brande's personal fortune that he had squirreled away in some golden parachute deal with McCauley.) Who's right?
Hmmm an Employment law/contracts question.
Wait: Wasn't the Legion already disbanded before the star gate explosion that got them lost? That being the case, they did have knowledge of their termination and therefore would not be entitled to back pay.
For the sake of argument, let's assume that the Lost Legionnaires did not know of the Legion being disbanded. Now we can procede with your question.
First we would have to find out if the Legionnaires were contract employees or employees-at-will. If they were contract employees, then the contract terms would decide the matter. Although I doubt this scenario would have been covered in the contract. But then again, given the resurrection rate for superheroes, it just might be a standard clause in superhero employment contracts.
As an employee-at-will, the employee can quit at any time with no notice needed, but the employer can also fire the employee at any time for cause or no cause.
Now given that they were employees-at-will, the employer, the United Planets, could argue that they were terminated when the Legion was disbanded. That they weren't notified of termination is irrelevant, because they were declared dead. Because the employer was within their right to terminate, they would not be liable for the "back pay".
The Legionnaires don't really have much of an argument. They can not say that they relied on their employment to their detriment because 1) as employees-at-will, they could have been fired at any time and 2) they did not turn down any other offers of employment due to their supposed employment by the United Planets. It could also be further argued that they were operating outside of the scope of their employment in that their employment was to defend the United Planets from danger and they were operating outside of the United Planets and were not working for the United Planet's interests, but their own interest in returning to the UP.
I also don't see a public policy exception in this case. They were not wrongfully terminated due to discrimination or because they were exercising their civil rights.
So, as much as I would want the Legionnaires to be paid, I don't see them being able to put forth a reasonable argument on why they should be paid.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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This would be a matter for the legislature or a popular referendum.
You would need to either get the Legion World legisalture to pass a law banning dogs or you can try to get an amendment added to the Legion World Constitution which would ban dogs.
Either way appears to entail much hard work and no guarantee of success.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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posted
Mr. Q, Esq I hope you can keep this confidential. I am a member of a group, and when election time came, the leader nominated me to be the next leader and lobbied on my behalf. Perhaps even strong-armed the other members to vote for me. Some time after that, he invited me to supper; it was all very innocent and friendly. But then he showed up at my quarters late one night and said, "Jazzy, it's time to pay up and put out." I was horrified but felt so pressured to comply with his demands, that I gave in and slept with him. Now my powers are malfunctioning, I believe from the stress of this situation. I'm so distressed. What are my options? Can I file a harassment complaint against him?
posted
Who owns the name "Legion of Super-Heroes"? Yes, DC in our universe, but what about in the Legion's universe?
Suppose half the team had a disagreement over the team's purpose, their compensation, or the allotment of pluberry desserts, and decided to split off from the main group and form their own Legion. For argument's sake, let's say that one of the two remaining founders, Saturn Girl or Cosmic Boy, went with this faction. (We won't include "Jarth" since we don't know what his official status is at the moment.) Which half of the Legion could continue to call itself Legion of Super-Heroes -- the half that "stays" or the half that "goes"? And if both Cos and Saturn Girl both left, could they legally force the others to stop using the name?
-------------------- The Semi-Great Gildersleeve - writing, super-heroes, and this 'n' that
From: The Stasis Zone | Registered: Jul 2003
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quote:Originally posted by Fat Cramer: Mr. Q, Esq I hope you can keep this confidential. I am a member of a group, and when election time came, the leader nominated me to be the next leader and lobbied on my behalf. Perhaps even strong-armed the other members to vote for me. Some time after that, he invited me to supper; it was all very innocent and friendly. But then he showed up at my quarters late one night and said, "Jazzy, it's time to pay up and put out." I was horrified but felt so pressured to comply with his demands, that I gave in and slept with him. Now my powers are malfunctioning, I believe from the stress of this situation. I'm so distressed. What are my options? Can I file a harassment complaint against him?
It does sound like you have the makings of a sexual harassment case. You would need to come in and provide more details (your prior relationship with him, the dates of the election and the incident, etc.) Then we can go over what options you have, what your objectives are, and the likelihood of achieving your objectives through the court system or alternative dispute resolution (ADR) like mediation.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by He Who Wanders: Who owns the name "Legion of Super-Heroes"? Yes, DC in our universe, but what about in the Legion's universe?
Suppose half the team had a disagreement over the team's purpose, their compensation, or the allotment of pluberry desserts, and decided to split off from the main group and form their own Legion. For argument's sake, let's say that one of the two remaining founders, Saturn Girl or Cosmic Boy, went with this faction. (We won't include "Jarth" since we don't know what his official status is at the moment.) Which half of the Legion could continue to call itself Legion of Super-Heroes -- the half that "stays" or the half that "goes"? And if both Cos and Saturn Girl both left, could they legally force the others to stop using the name?
I imagine that it is like the ownership of a band's name as suggested by Outdoor Miner.
Unfortunately I am totally unfamiliar with the law that would apply in such a case.
If any of the other legal minds here have the answer, please feel free to post.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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Hyperpath: Email this page to someone!
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