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» Legion World » LEGION OUTPOST » Mission Monitor Board » Quislet's Super Law Firm...of Space! (Page 7)

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Author Topic: Quislet's Super Law Firm...of Space!
Stu
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Oh, I meant seeing Nighty flustered and flabbergasted by other stuff -- not necessarily by a lawsuit.

And I probably won't sue him for pinching my butt anyway. I kind of, well, encouraged it... by wearing such tight jeans. [Embarrassed]

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Cobalt Kid
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Quis, since my salary in infinite, I think I can make us both some money by asking you legal questions [Wink]

First, can a judge tell anyone in the courtroom that their being held for Contempt of Court (if that's what it's really called)?

From: If you don't want my peaches, honey... | Registered: Sep 2003  |  IP: Logged | Report this post to a Moderator
Quislet, Esq
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quote:
Originally posted by Cobalt Kid:
Quis, since my salary in infinite, I think I can make us both some money by asking you legal questions [Wink]

First, can a judge tell anyone in the courtroom that their being held for Contempt of Court (if that's what it's really called)?

Here are the various definitions of Contempt of Court that I have found:

From uscourts.gov/glossary.html
quote:
Contempt of court -Willful disobedience of a judge's command or of an official court order
from courttv.com
quote:
CONTEMPT OF COURT: An action that interferes with a judge's ability to administer justice or that insults the dignity of the court. Disrespectful comments to the judge or a failure to heed a judge's orders could be considered contempt of court. A person found in contempt of court can face financial sanctions and, in some cases, jail time.


And from dictionary.law.com
quote:
contempt of court
n. there are essentially two types of contempt: a) being rude, disrespectful to the judge or other attorneys or causing a disturbance in the courtroom, particularly after being warned by the judge; b) willful failure to obey an order of the court. This latter can include failure to pay child support or alimony. The court's power to punish for contempt (called "citing" one for contempt) includes fines and/or jail time (called "imposing sanctions"). Incarceration is generally just a threat and if imposed, usually brief. Since the judge has discretion to control the courtroom, contempt citations are generally not appealable unless the amount of fine or jail time is excessive. "Criminal contempt" involves contempt with the aim of obstruction of justice, such as threatening a judge or witness or disobeying an order to produce evidence.

So Yes Virginia, there is Contempt of Court. But the judge can't just point to you and say you are in Contempt of Court. Although Judges do have almost absolute authority in her/his courtroom. You do need to be doing something, even a passive something like wearing a "The Judge stinks" T-shirt.

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Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!

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Fat Cramer
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Continuing the contempt of court theme...

1) If I'm appearing in court pro se, may I refer to any lawyer present as 'My learned friend", or would that be considered flipping the bird, since I'm not a lawyer?

2) I've noticed every time I talk to you, it costs me money. But since I'm living in Canada, and all my assets (such as they are) are in Canada, can you collect if I refuse to pay?

Your learned friend, FC

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Fat Cramer
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P.S. STU = suing them ubiquitously?

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Holy Cats of Egypt!

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Stu
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Ubiquitously, Unrelentingly, and Unabashedly!
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Quislet, Esq
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quote:
Originally posted by Fat Cramer:
Continuing the contempt of court theme...

1) If I'm appearing in court pro se, may I refer to any lawyer present as 'My learned friend", or would that be considered flipping the bird, since I'm not a lawyer?

2) I've noticed every time I talk to you, it costs me money. But since I'm living in Canada, and all my assets (such as they are) are in Canada, can you collect if I refuse to pay?

Your learned friend, FC

1) I think it would depend on your tone. Lawyers are a cliquey group (You have to pass a test and pay money to be a lawyer. We call ourselves Doctors having gotten a Juris Doctor degree.) So the lawyer on the other side would probably get annoyed with you no matter what your tone. Now whether the judge thinks it is a contempt of court for you to address the opposing lawyer in such a manner depends on how cliquey the judge is and-or how much the judges likes or hates the opposing lawyer.

2) I could go to a Canadian Court and ask them to enforce the contract between us. That contract being that you would pay for each question answered. Because you are a Canadian citizen , the Candian court would have jurisdiction over you. Even though I am not a Canadian citizen, I would still be able to appeal to a Canadian court, just as you could go to a US court to sue me.

Now if a Canadian court ordered you to pay me and you refused, then the court could hold you in contempt of court. Also the Canadian court would also be able to use it power to seize your assets in order to pay any judgement against you.

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Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!

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He Who Wanders
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Hey, Quis,

Going back to a Legion story of yore, suppose someone sued Brainiac 5 for the damage his creation, Computo, caused. Would they have a good case?

I'm thinking primarly of ADVENTURE # 340-341, here. Though would the postboot Brainy also be liable for damages caused by Computo and Robotica?

[ December 29, 2003, 07:43 PM: Message edited by: He Who Wanders ]

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The Semi-Great Gildersleeve - writing, super-heroes, and this 'n' that

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Mekt Ranzz
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let's not read too much into my economical phrasing, my learned friend.

[LightningLord1]

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Quislet, Esq
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quote:
Originally posted by He Who Wanders:
Hey, Quis,

Going back to a Legion story of yore, suppose someone sued Brainiac 5 for the damage his creation, Computo, caused. Would they have a good case?

I'm thinking primarly of ADVENTURE # 340-341, here. Though would the postboot Brainy also be liable for damages caused by Computo and Robotica?

Well, I'll take the easier part first. I think that the reboot Computo and Robotica were declared sentient and autonomous. Therefore, Brainy would not be responsible for any damage done by Computo/Robotica. Much like parents are not responsible for damages caused by their 18 year old (age of majority) children.

Now, the pre-boot Computo was sentient, but not considered autonomous, much like a 10 year old child. I believe that there is no hard and fast rule as to whether the parents of a 10 year old child is legally responsible for damages caused by him/her. Again I believe that in cases where a 10 year old causes damages, the victim will try to sue the parents for negligent supervision of the child rather than for the actual intentional tort of the child. Because unless you are Macaulay Culkin, most parents have deeper pockets than their children.

So, I do think that pre-boot Brainiac 5 would have had to face many lawsuits.

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Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!

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Quislet, Esq
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quote:
Originally posted by Mekt Ranzz:
let's not read too much into my economical phrasing, my learned friend.

[LightningLord1]

Then I would advise you to not be so economical in your phrasing because someone will take such a statement as an admission. And sometimes admissions can be very costly.

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Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!

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Semi Transparent Fellow
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So, Quis, how's the law firm going? You seem to have a lot of business. If I may offer some advice, don't take contingency cases. Get good hefty retainers upfront.

BTW, your advice demonstrates your wide breadth of legal knowledge and sound reasoning. Keep up the good work.

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Quislet, Esq
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quote:
Originally posted by Semi Transparent Fellow:
So, Quis, how's the law firm going? You seem to have a lot of business. If I may offer some advice, don't take contingency cases. Get good hefty retainers upfront.

BTW, your advice demonstrates your wide breadth of legal knowledge and sound reasoning. Keep up the good work.

Semi,

Thanks for the compliment. (But please feel free to set things straight if I mis-state something)

Seeing as Thriftshop Debutante requested this thread, I am sending all the bills to her. I think I have properly padded the bill.

Quislet, Esq.


*Gives secret lawyer handshake*

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Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!

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Semi Transparent Fellow
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I'm sure you meant you sent your bill in a padded envelope. A fine legal establishment such as yours would never need to pad a bill.
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Quislet, Esq
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Um Yeah, yeah, that's the ticket. a padded envelope so it won't break in the mail. [Wink]

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Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!

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