quote:Originally posted by Fat Cramer: Dear Mr. Esq.,
Someone has been poisoning the honey in my café, causing several patrons to become ill. Isn't that like restraint of trade or something? Of course, I have liability insurance, but I think I should be able to sue the culprit for damages once he's caught.
FC
What would happen in a case like this is that those patrons who ingested the poisoned honey (or their heirs if they died) would sue Cafe Cramers for either battery (an intentional harmful or offensive touching) or negligence. The heirs could also add a wrongful death suit. Cafe Cramers could then add the person responsible for the actual poisoning (if known) as a third party defendant, basically saying to the court "if we are guilty, it is really because of this person and he/she should pay.
-------------------- 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 The Red Bee: Dear Mr. Esq.,
Will it be self-incriminating if I reveal that the honey in Cafe Cramer is not the only thing on Legion World to be poisioned?
<evil grin>
Regards, The Red Bee
That would depend upon what you say exactly.
Saying "The honey is not the only think I have poisoned!" would be self-incriminating. Saying "I am aware of other things also being poisoned." would not be because you could have gained this knowledge from overhearing the actual culprit bragging about his/her villiany.
-------------------- 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 Fat Cramer: Dear Mr. Esq.,
Someone has been poisoning the honey in my café, causing several patrons to become ill. Isn't that like restraint of trade or something? Of course, I have liability insurance, but I think I should be able to sue the culprit for damages once he's caught.
FC
Dear Ms. Cramer:
I have been giving your question further thought. If the poisoning resulted in a decrease in patrons (and the accompanying revenue) then you might have a cause of action for restraint of trade. Also if the decrease in business caused you to breach contracts with various suppliers, you would might have a cause of action for interference with contractual relations.
I hope this information has been helpful.
Sincerely yours,
Quislet, Esquire
-------------------- 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 Fat Cramer: Dear Mr. Esq.,
Someone has been poisoning the honey in my café, causing several patrons to become ill. Isn't that like restraint of trade or something? Of course, I have liability insurance, but I think I should be able to sue the culprit for damages once he's caught.
FC
What would happen in a case like this is that those patrons who ingested the poisoned honey (or their heirs if they died) would sue Cafe Cramers for either battery (an intentional harmful or offensive touching) or negligence. The heirs could also add a wrongful death suit. Cafe Cramers could then add the person responsible for the actual poisoning (if known) as a third party defendant, basically saying to the court "if we are guilty, it is really because of this person and he/she should pay.
But I don't wanna sue Cramer! I wanna sue Red Bee!
PleasePleasePlease can I, Mr. Esq.?
From: Vancouver, BC, Canada | Registered: Dec 2003
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quote:Originally posted by Fat Cramer: Dear Mr. Esq.,
Someone has been poisoning the honey in my café, causing several patrons to become ill. Isn't that like restraint of trade or something? Of course, I have liability insurance, but I think I should be able to sue the culprit for damages once he's caught.
FC
What would happen in a case like this is that those patrons who ingested the poisoned honey (or their heirs if they died) would sue Cafe Cramers for either battery (an intentional harmful or offensive touching) or negligence. The heirs could also add a wrongful death suit. Cafe Cramers could then add the person responsible for the actual poisoning (if known) as a third party defendant, basically saying to the court "if we are guilty, it is really because of this person and he/she should pay.
But I don't wanna sue Cramer! I wanna sue Red Bee!
PleasePleasePlease can I, Mr. Esq.?
Mr. Shakespeare,
You are not required to sue Cafe Cramers. In the normal course of things, Cafe Cramers, as a business, would be assumed to have deeper pockets that the poisoner and in a better position to actually pay such damages as medical expenses and lost wages.
You are perfectly free to sue Mr. Bee for the poisoning. However, you would be required to show by a preponderance of evidence that Mr. Bee is reponsible for the actual poisoning.
-------------------- 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
Well since law school, I am more conscious of the fact that by use of the Batsignal and even by being made an honorary member of the Gotham City Police, Batman is a de facto government agent. Therefore, any evidence that he obtains illegally (i.e. if he breaks into a place without a warrant and discovers a huge drug supply) would be thrown out of court. So the Gotham City DAs must love him.
I have liked the er.. scenarios that have been posted here for me to answer.
-------------------- 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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I have received your communique. Having reviewed it, I cannot find a legal issue with which to help you with. If you have further information, I will be glad to review it and offer my opinion.
Thank you for your patronage.
Sincerely,
Quislet, Esq.
-------------------- 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
1. Do we have a noise by-law on Legion World? 7:15 a.m. is a tad early for banshee screams. Of course, that's only a personal opinion and I defer to the law.
2. If someone could argue (effectively) that a guy who dresses like a bat is insane, would any evidence he collected (legally or illegally) be thrown out of court? Like if he's nuts, maybe his evidence isn't believable or trustworthy? And if someone won this argument, would past convictions obtained with Batman's evidence be reversed?
quote:Originally posted by Fat Cramer: 1. Do we have a noise by-law on Legion World? 7:15 a.m. is a tad early for banshee screams. Of course, that's only a personal opinion and I defer to the law.
I am not sure if we do have any noise ordinances here on Legion World. What with the sounds of statues being blown up on a regular basis, I don't think so. And the time element would be rather subjective as it can be many different time to various Legion Worlders.
quote:Originally posted by Fat Cramer: 2. If someone could argue (effectively) that a guy who dresses like a bat is insane, would any evidence he collected (legally or illegally) be thrown out of court? Like if he's nuts, maybe his evidence isn't believable or trustworthy? And if someone won this argument, would past convictions obtained with Batman's evidence be reversed?
First, any evidence obtained illegal would be inadmissible. That would mean that both Batman and Superman, being honorary members of the Gotham City & Metropolis police forces (respectively) could arguably be considered government agents and thus required to obtain warrents barring the exceptions for exigent circumstances and plain view.
As for the sanity of a person giving evidence, that would depend upon the evidence being presented. A set of accounting ledgers concerning Lex Luthor's businesses obtained and presented by Joker or by Lois Lane would still be the same evidence. The person presenting the evidence would have to account for how the evidence was obtained and the handling of the evidence prior to trial.
As far as eyewitness testimony, the credibility would be left to the trier of facts (the jury or judge). I remember a case in my Wills class in which the will was challenged because the testator (the person whose will it is) thought that people lived in his trees and hung meat on the branches. However, the judge found that the will itself dispossed of the man's property in a rational manner. So the will was valid even though the man wasn't of sound mind.
A more Constitutional challenge to Batman's eyewitness testimony would be to say that Batman needs to reveal his identity so that the accused has his/her 6th Amendment right to be able to confront the witness against him/her. Batman's identity would go to his credibility as a witness. If say Batman was a fired Lexcorp employee then the trier of fact could reasonable infer that his testimony is biased and not as credible as if Batman was just some schmuck with no relation to Luthor.
-------------------- 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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I have recently been under the verbal harassment of Space Ranger of the Security Office, I wish to employ you in the possibility that I shall have to take this person to court.
Luna
-------------------- And to show I bear no ill will, I, too, shall bestow a gift...
From: The Mansion | Registered: Mar 2004
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posted
If somebody opposing me in a court case put a voodoo hex on me, could I claim that they're interfering with my right to a fair trial? (Hasn't happened, but I was reading that sometimes dead chickens are placed on courthouse steps to influence a trial, according to voodoo beliefs.)
I have recently been under the verbal harassment of Space Ranger of the Security Office, I wish to employ you in the possibility that I shall have to take this person to court.
Luna
Luna,
I apologize for such a late response, but I haven't been to the office lately.
Unfortunately, I don't take cases so much as give advise. In this matter, I would have suggested asking Space ranger to sit down and discuss the matter (I do act as mediator sometimes). However seeing as Space Ranger is no more (at least I think he is still no more) I would say that your problem is resolved.
-------------------- 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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