posted
Well of the shows you mentioned, I've only watched Night Court and as that was a comedy (and I wasn't a lawyer when I watched it) I wouldn't be looking for accuracy.
I like Law & Order (Although I hate how in the opening they go "Law" and show the police and then "Order" and show the lawyers when the police actually represent Order and the Lawyers Law) In one of the earlier episodes, the older cop (not Jerry Orbach) puts two suspects in the back of the car, leaving the dorr open. He then says he has to make a call and leads the younger cop away. The younger cop asks what's up and the Older cop says "Do you think they have a 'reasonble expectation of privacy'"? I saw this episode shortly after reading the Supreme Court case that coined the phrase "reasonable expectation of privacy". I do think Law & Order gets it right (I don't know about the spin off Law & Order shows though)
Now, I caught the end of the Jim Carrey film "Liar Liar" and there they got the rule of law about voiding contracts (in this case a pre-nuptial) wrong. (Just one more reason for me not to like Jim Carrey.
Now just after I took "Property", I went to a Halloween Schlockfest of bad horror movies. One called Thirteen Ghosts (A remake was just released) had a family inheriting a house from an uncle but only if they never sell it. I immediately thought "That's restraint of alienation" (meaning that you can't prohibit anyone from selling property) I immediately then thought "No, no, thats just a plot device to get them to keep the house."
-------------------- 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 Portfolio Boy: What if Comet, the Super-Horse broke up with his long-time girlfriend?
Is there such a thing as Palamino Palimony?
All Palimony questions should be directed to Semi Transparent Fellow. He is the divorce lawyer.
-------------------- 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
FWIW, I have never seen the show, but I have heard that the mid-'60s series The Defenders was very, very well done and that it was about as close to real world proceedures as it was possible to get.
The show starred a young, pre-Brady Bunch... um, the father, what was his name.
IIRC, it also had a tengentat legion AR as some episodes were written by William Woolfolk.
From: Sumner, ME | Registered: Jul 2003
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quote:Originally posted by Portfolio Boy: FWIW, I have never seen the show, but I have heard that the mid-'60s series The Defenders was very, very well done and that it was about as close to real world proceedures as it was possible to get.
The show starred a young, pre-Brady Bunch... um, the father, what was his name.
IIRC, it also had a tengentat legion AR as some episodes were written by William Woolfolk.
Robert Reed played Mike Brady
-------------------- 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
I remember that episode of Law and Order. I believe Paul Sorvino was the "Old" cop who did that. I like your point about who is "The Law" and who is "The Order" too. Law & Order is a funny (not ha ha, but weird funny) show for me... TNT use to run it during the noon to 1:00 hour and I would watch it then, but whenever it is on in prime time, I just can't get interested in it.
Thanks for responding, I appreciate your insight.
I just realized that I am in danger of becoming smarter (only one way for me to go I guess) because of this thread. Who woulda ever thunk it?
-------------------- Something Filthy!
From: NOVA by way of NOIN | Registered: Jul 2003
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quote:Originally posted by minesurfer: I remember that episode of Law and Order. I believe Paul Sorvino was the "Old" cop who did that. I like your point about who is "The Law" and who is "The Order" too. Law & Order is a funny (not ha ha, but weird funny) show for me... TNT use to run it during the noon to 1:00 hour and I would watch it then, but whenever it is on in prime time, I just can't get interested in it.
Thanks for responding, I appreciate your insight.
I just realized that I am in danger of becoming smarter (only one way for me to go I guess) because of this thread. Who woulda ever thunk it?
Minesurfer,
It is my pleasure to respond.
And for those who want to know about the mis-law in "Liar Liar":
The basic set up is that Jim Carrey' client signed a pre-nuptial agreement that said if she committed adultery, then she gets nothing from her husband. And she did commit adultery. Jim Carrey figures out that she lied about her age and was a minor when she signed it. He then claims that the contract is void. That is incorrect.
A contract that is void, is one that could never take place in the first place. Such as a contract to commit a crime. (No court would enforce an assassination contract)
A contract entered into by a minor is voidable That means that the contract is valid, but the minor can avoid the contract if she/he so chooses. (Contracts made by minors concerning food, shelter and necessities are not voidable) So a 17 year old signs a contract to buy a new Ferrari. He takes the car, drives around, impressing all his friends. He even makes a couple of payments. Then he realizes, how much it will cost him and goes back to the dealership. He can then void the contract (He does have to give back the car) However, Say this 17 year old holds on to the car for two years, making his monthly payments. Now he can't void the contract. Why? Because when he turned 18 and continued to make payments, he ratified the contract and is now bound to it as if he had made it when he was of legal age.
So back to the movie. The client may have signed the pre-nuptial when she was a minor, but as soon as she turned 18, she ratified the contract by continuing to receive the benefits of the contract (i.e. being married to wealthy guy)
-------------------- 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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Disclaimer: I will not be giving any legal advice that you should take. The information I give is for entertainment and education purposes only. If you have a real legal issue, you should consult a lawyer in your own area of the world.
-------------------- 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
Quis, since on my homeworld Grrggr, the legal age of being an adult is 16, does that mean that I don't have to pay child support for my daughter Umber, who is 17? Does the fact that she doesn't know that she's my daughter yet affect this? Thanks!
From: If you don't want my peaches, honey... | Registered: Sep 2003
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quote:Originally posted by Cobalt Kid: Quis, since on my homeworld Grrggr, the legal age of being an adult is 16, does that mean that I don't have to pay child support for my daughter Umber, who is 17? Does the fact that she doesn't know that she's my daughter yet affect this? Thanks!
Cobalt,
Well if you have become a resident of Legion World, you become subject to our laws, including the age of majority. (this is based on the idea that if you avail yourself to the benefits and protections of a state, then you are subject to its law. And by Living and working in a state, you do "Avail yourself" of its protections and benefits without any conscious actions on your part. see American Shoe) Assuming that Legion world operates on the basic laws of the US (Very Ameri-centric of me, I know) then you are responsible for child support until Umbra is 18 (the age of majority in the US)
The fact that Umbra does not know you are her father does not affect your obligation and someone else could bring action against you on Umbra's behalf.
-------------------- 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
Another point came up over on the main board, something about DC issuing a cease & desist for certain fan based sites like the Legion of Super Resources page.
Portfolio Boy asked Scott:
"SO, how long do you suppose before this place (meaning this message board) gets the 'ol C&D?
Has anyone contacted you yet?"
and
He Who Wanders asked:
"I wonder why they C&D'd him (LSR). Listing links to various fan-related sites sounds not only harmless to me, but also beneficial to DC, as it promotes their characters (and DC didn't even have to pay for the service!).
Just what's the difference, legally, between what LSR did and what LW does?"
Since it seemed an appropriate topic for this thread, Can you shed any light on these questions for us? What are DC's motives for shutting down (what I assume to be a) not-for-profit site like The LSR?
-------------------- Something Filthy!
From: NOVA by way of NOIN | Registered: Jul 2003
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quote:Originally posted by minesurfer: Another point came up over on the main board, something about DC issuing a cease & desist for certain fan based sites like the Legion of Super Resources page.
Portfolio Boy asked Scott:
"SO, how long do you suppose before this place (meaning this message board) gets the 'ol C&D?
Has anyone contacted you yet?"
and
He Who Wanders asked:
"I wonder why they C&D'd him (LSR). Listing links to various fan-related sites sounds not only harmless to me, but also beneficial to DC, as it promotes their characters (and DC didn't even have to pay for the service!).
Just what's the difference, legally, between what LSR did and what LW does?"
Since it seemed an appropriate topic for this thread, Can you shed any light on these questions for us? What are DC's motives for shutting down (what I assume to be a) not-for-profit site like The LSR?
First, I am only marginally aware of the LSR and what its purpose was. So, I do not know what the difference is between LSR and LW. Did LSR Sell banner advertisement on its site? If so, then they could be considered making money off of DC's copyrighted material.
Second, I do not know what DC's motives are. Looking at this logically, I see two reasons for a company to request a cease and desist order.
1) The offending party is making money of the requesting party's copyright, patent, or good name.
2) The offending party is not making money off of the requesting party's copyright, patent, goodname, etc., but the resuesting party feels that the actions of the offending party diminishes, sullies, or makes less valuable their copyright, patent, goodname, etc.
-------------------- 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
So was my answer in the originating thread where this question came up accurate?
quote:Originally posted by Lightning Lad: Easy answer as to why my site and Legion World haven't gotten hit and probably wouldn't. We don't make money off the sites.
Michael, unfortunately, went the way of a 'free' website when he originally created his list. This caused him to have pop-ups and other ads. That is what got him C&D'd. And since he was targeted I believe even after removing the ads or to a site that doesn't have them it wouldn't help.
He wasn't the one making the money of course. But the legal eagles take any form of earning where their copyrights are concerned very seriously.
We should continue to be okay but I believe that with the recent hiring of Gregory Noveck to DC's position equivalent of Avi Arad (sp?) we'll see more DC fan sites cracked down on.
posted
That sounds right. But again, I don't have access to the information of why DC did what they did or the court documents filed, so I can only speculate as to the why.
Anyone ambitious enough should be able to get a copy of Dc's complaint for the C&D as it would be a public record. You would need to know where it was filed though. And most (if not all court) would charge you copying costs.
And strictly speaking, having pop up ads do count for making money. Even though the site owner might be using the ads to just pay for the site (which would have come out of the site owner's pocket), they are a source of revenue. So, you have enough pop up ads and where does the extra money go?
-------------------- 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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