posted
If a certain Security Officer constantly harrassed a certain rodent for using non-tolerant establishments, could said Security Officer find himself in serious trouble with the law?
From: If you don't want my peaches, honey... | Registered: Sep 2003
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quote:Originally posted by Cobalt Kid: If a certain Security Officer constantly harrassed a certain rodent for using non-tolerant establishments, could said Security Officer find himself in serious trouble with the law?
It depends.
If the unnamed rodent is a citizen, then the unnamed Security Officer could face a law suit for the harassment as well as internal discipline (if not being terminated) And intoxication would not excuse the harassing behavior
You would have to be more specific in what you consider harassment.
-------------------- 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
Could you open a real-world law office and call it Super Law Firm of Space, or would the Bar association pay you a visit and suggest that you find a more dignified name? It would be a hoot, but some people have no sense of humour...
quote:Originally posted by Fat Cramer: Could you open a real-world law office and call it Super Law Firm of Space, or would the Bar association pay you a visit and suggest that you find a more dignified name? It would be a hoot, but some people have no sense of humour...
I don't think the Bar Association would concern itself over the dignity of the name.
It might be concerned if I called it "The Bribery Law Offices".
But I would suspect that the name "Super Law Firm of Space" would keep a few clients away.
-------------------- 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
Wow! What a fountain of information is available in this thread!
Thanks, Quis, for answering my question, re: Computo. To continue with Brainy for a moment, do you think he would have gotten off using the insanity defense for the damage wrought by his other creation, Omega? And if so, could they prove he was insane at the time he created Computo?
-------------------- The Semi-Great Gildersleeve - writing, super-heroes, and this 'n' that
From: The Stasis Zone | Registered: Jul 2003
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posted
EXCUSE me! "Super Law Firm... of SPACE!" would be the *first* law firm I would turn to if I killed somebody or, like, embezzled all their money!
quote:Originally posted by He Who Wanders: Wow! What a fountain of information is available in this thread!
Thanks, Quis, for answering my question, re: Computo. To continue with Brainy for a moment, do you think he would have gotten off using the insanity defense for the damage wrought by his other creation, Omega? And if so, could they prove he was insane at the time he created Computo?
There are actually three or four different Insanity defenses (some places combine two) and depending on which court you are in, determines which defense is in use.
The earliest is the M’Naghten Rule. With M'Naghten, you have to show that the defendant didn't know he/she was doing something wrong. With this defense, if a person thought that his neighbor was a tree and used an axe to cut him down, then he would get off. If instead he thought his neighbor was Hitler and shot him, he would not have the insanity defense, because he would have still thought he was killing a person and should have known that killing a person is wrong.
The next insanity defense is the Irresistable Impulse defense. Here the defemndant needs to show that at the time of the crime, he/she was under an irresistable impulse to perform the action. Knew it was wrong, but just couldn't stop him/herself.
Then there is the Durham Rule and the MPC Test. Here the defendant has to show a mental defect and then that the mental defect either prevented him from appreciating the wrongfulness of his actions or from conforming to the law.
Regarding Brainy and Computo, I don't see any of the insanity defenses helping him. For the creation of Omega, the last test would appear to be the most promising. We would need a psychiatrist or psychologist to comment on what if any Mental defects Brainy was suffering from.
The insanity defense is not used that often and is a hard defense to prove. I think it is hard to convince a jury to accept the insanity defense because it seems like the defendant is getting away scott free.
-------------------- 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 Thriftshop Debutante: Is it true that Tusker has you on retainer?
I wish! It is a very big retainer.
-------------------- 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 MLLASH: EXCUSE me! "Super Law Firm... of SPACE!" would be the *first* law firm I would turn to if I killed somebody or, like, embezzled all their money!
Then just for you I will name my firm :Super Law Firm of Space" ... although it will be spelt "The Law Offices of Rob ____, Esquire"
This remind me of one of the first cases I read for my Property Class. It involved a fox hunt. Basically, one guy was hunting a fox in the wilds. He took a shot at it, but missed and chased it for a bit. The fox got away, but the guy was still looking for it (or other foxes) The fox then ran right into the second guy, who killed it. The case was actually brought by the fathers of the two guys and was about who actually owned the dead fox.
After reading that, I thought that I should specialize in fox hunting cases and only fox hunting cases. What do you think?
-------------------- 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 Quislet, Esq: The earliest is the M’Naghten Rule. With M'Naghten, you have to show that the defendant didn't know he/she was doing something wrong.
M'Naghten! What an unusual name. The apostrophe and spelling make me think of something Legion-related.
quote:Originally posted by Quislet, Esq: Then there is the Durham Rule and the MPC Test.
Speaking of Legion-related, I first read this as the "Durlan rule"...
Registered: Jul 2003
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quote:Originally posted by Quislet, Esq: The earliest is the M’Naghten Rule. With M'Naghten, you have to show that the defendant didn't know he/she was doing something wrong.
M'Naghten! What an unusual name. The apostrophe and spelling make me think of something Legion-related.
The case is from 1843. I believe that the defendant's name is just a varient spelling of "McNaughton" Here is a link to the opinion of the case. M'Naghten's case
-------------------- 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
A new question for the esteemed Mr. Esquire...
A few action figure customizers on another board/mailing list I peruse have wandered about the implications of selling (on ebay) their custom figures based on the intellectual properties of others (DC and Marvel most notably).
There have been many rumors like as long as you don't sell more than three customs of a figure within a year, you are not violating any copyrights. This led to the question of whether a custom Bruce Wayne was the same as a custom Batman. Another rumor that surfaced is that you can sell as many as you want as long as you are not mass producing them (like on an assembly line I guess). Some have said that selling one is a copyright infringement, while others have said as long as you don't make so much money that the big companies notice, you aren't violating anything.
As you can probably tell, most customizers have no legal knowledge... Could you share any insights you might have on this topic please.
-------------------- Something Filthy!
From: NOVA by way of NOIN | Registered: Jul 2003
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posted
Sounds to me like Brainy had an "irresistable impulse" to destroy the world.
I've heard this phrase before, and I've often wondered how it can be used effectively to defend someone against, say, murder. For example, I may have an irresistable impulse to go to the restroom, but that's at least a physiological impulse. To have such an impulse to commit murder seems far-fetched to me.
What exactly constitutes an "irrestistable impulse"? Could any super-villain, for example, claim they had an irresistable impulse to take over the world?
-------------------- The Semi-Great Gildersleeve - writing, super-heroes, and this 'n' that
From: The Stasis Zone | Registered: Jul 2003
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I gathered that these didn't veer into trademark infringement lawsuits because DC (or any other company) saw it as a beneficial arrangement: no one was making money from APAs and they served to maintain enthusiasm (therefore sales, therefore money) for the DC product rather than compete with it.
But what about selling old APA issues on eBay, or anywhere?
Registered: Jul 2003
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