Ask MetaFilter posts tagged with Law

Where's my Senator?

Morydd — Fri, 25 Jul 2008 11:52:40 -0800

Would an oath of office be considered a verbal contract with the constituents represented by that office? If so, would violation of that oath be grounds for a class action lawsuit for breach of contract? This came to mind when examining the voting records of Obama and McCain, and noticing that both have missed a significant percentage of votes during this term of Congress, and that the Senate Oath of Office includes the phrase "... and that I will well and faithfully discharge the duties of the office on which I am about to enter..."

Does adoption in Taiwan legitimate an illegitimate baby?

Capri — Thu, 24 Jul 2008 15:07:10 -0800

[Taiwanese law question] Does adoption legitimate an illegitimate child under Taiwanese law? This is a strictly legal question. I'd ideally like a citation to a legal source (Taiwanese or American) of any kind (statute, regulation, law review article, case law, anything).

I want to know if the adoption of a child born to unmarried parents legitimates that child under the law of Taiwan. All of the events take place in Taiwan.

If the answer is "it depends," if the adoptive father is also the biological father, and he is married to a woman who is not the biological mother (both at the time of birth and at the time of adoption) then is the child legitimated by law?

Should I go for it?

Picklegnome — Wed, 23 Jul 2008 22:16:16 -0800

I'm an undergrad (rising sophomore) interested in going to law school. Is it worth it to become an NALA Certified Paralegal? I'm looking at taking an online course that would take between seven and seventeen months to complete. If all goes well, I would be finished in seven, studying for the certification alongside my normal undergraduate studies. If I feel overwhelmed, I can cut down on the number of courses I'm taking at once, and focus on my undergraduate studies.

Is it even conceivable that I would get a paralegal job for the summer only? Would it serve me well in my preparation to study law? Will it help in gaining admission to law schools?

General advice as well as personal knowledge appreciated.

How can I use my law degree and still like my life?

Anonymous — Fri, 18 Jul 2008 10:47:38 -0800

I'm getting a law degree but I hate being adversarial. Any ideas for something fun to do with this degree? I know there are books about this question, but I thought some of you lovely people might have personal experiences you could share, or at least some outside-the-box ideas.

I came to law school because I wanted to be a public interest lawyer -- I like helping people. I have one year left before I graduate and sit for the bar. I have spent the last two years learning about indigent defense and working at the public defender's office. Even though I think the work public defenders do is very important, I think it makes me miserable.

I admire public interest lawyers who fight for good, but the truth is that I just hate fighting! That is hard to admit, and it took me a long time to own up to it, but it's just true. Fighting just depresses me.

If I could turn back time, I would never have gone to law school. I would have opened up an organic coffee cart near the beach, or become a dog walker or something. But now I owe $120K in student loans (and by the end of this year, I'll owe around $180K). So I sort of feel like there is no turning back...I'm going to need to get a decent-paying job just to pay off the loans, which means something in the legal field. ...Right?

(For anyone wondering how my debt could be so huge: tuition is $35K per year, and I get about $25K per year for living expenses. Cost of living in my city is pretty much as high as it gets within the US.)

An Appeal for an Appeals Lawyer

Shane — Thu, 17 Jul 2008 11:16:37 -0800

How to find an appeals lawyer who will want to take a (probable win) appeal to the US Supreme Court? Like, do they, um, hang out on the 'Net somewhere? A friend of mine is the defendant in a CT State civil suit she is appealing to the US Supreme Court. The law under which she was prosecuted is extremely vaguely-worded and tends to trample on basic constitutional rights. So far this law has been used only twice, in each case to "smack down" people who have ticked off the State of CT. Lawyers, not just my friend and my (biased) self, agree on these points.

How can she find a good lawyer willing to take the appeal on a limited budget, hopefully for the chance of an impressive win in the Supreme Court? Or is that really something lawyers want? Maybe someone young and hungry? Countersuits would naturally follow a successful appeal, should the lawyer be interested.

She could also use legal counsel on a budget, of course.

Thanks, folks.

What if Sinatra Really Digs Orville Redenbacher?

Dr. Zira — Wed, 16 Jul 2008 12:22:50 -0800

BarExamFilter: What are your favorite mnemonics and/or memory aids that helped you remember certain elements of a particular rule or concept? Examples: Stuff like in the BarBri lectures (like Paula Franzese's "Frank Sinatra Doesn't Prefer Orville Redenbacher" for Fee Simple Determinable/Possibility of Reverter) or the "MIMIC" rule for prior acts in Evidence. My creativity's zapped, so I'm desperate for some fresh ideas.

Underage show attendance in NYC

phrontist — Sun, 13 Jul 2008 15:27:38 -0800

Is there any chance of a 19 year old male getting in to a club in NYC next Friday? I'd really like to see the Kode9 show next Friday, when I'll be in town for HOPE. I've already purchased tickets, and though there was no warning on the website, it looks like it's 21+.

I don't drink, and coming from seeing shows in DC/Europe it's kind of infuriating that the mere presence of alcohol makes it impossible for me to see this show.

I've encountered two legal situations in the US where this is a problem. The first are areas that rule any establishment deriving Y% of their income from alcohol as a bar, and banning anyone underage from entering a "bar". The second is where liquor licenses are so difficult to keep establishments aren't content with the common solution of marking underage individuals hands (as is the case at almost every venue in DC).

Which category does NYC fall under, and if the latter, is there any conceivable way I could convince these people to let me in? Will they check every ID? Is it worth risking my $10, not refunding the tickets, and just trying to walk in (I'm rarely carded except where it's compulsory).

I work for a college radio station and requesting press credentials has worked in the past, but it's in Kentucky and I doubt a request would carry much weight that far away.

Is it illegal to drive without a passenger side mirror?

Four-Eyed Girl — Sat, 12 Jul 2008 16:46:04 -0800

Is it illegal to drive without a passenger side mirror? I have a 2-door 2001 Honda Civic with a missing passenger side mirror. I will be driving across the country to the NY/NJ area soon, and I'm worried that I may be pulled over because of this damage. Do the laws differ from state to state on this, or are they uniform? I have had no trouble in California or Arizona.

How do I stop vicious libel?

MaxK — Fri, 11 Jul 2008 18:21:29 -0800

Canadian Libel Lawfilter: How do I send a cease & desist for libel made on the internet? A good friend of mine has been the victim of a rather vicious libel attack making claims that she downloaded the contents of a database she did not access and committed libel against the website the database belongs to. Both statements are patently untrue. I'd like to help her write a cease & desist and take other legal steps as necessary. What applicable laws should I be aware of if both parties reside in Vancouver, British Colombia? Is there a good template for writing a Canadian C&D?

Tank Man is Everyman

plexi — Fri, 11 Jul 2008 09:36:03 -0800

As an American, can I hand out flyers detailing the Tiananmen Square Massacre during the Beijing Olympics?

Is Creative Commons forever?

Tlogmer — Thu, 10 Jul 2008 04:37:20 -0800

Is it possible for cc-licensed content to be un-cc'ed? That is, relicensed under a more severe license. As far as I know, Creative Commons is forever, but I just wanted to make sure.

Quick: how do I become a good student?

Anonymous — Fri, 04 Jul 2008 13:41:45 -0800

I'm starting law school next month. I want to do well, but my study habits up till now have been terrible. How do I become a good student and succeed in law school? I'm about to begin law school at one of the best schools in the country. Because I'll be going into roughly $180k of debt for this privilege, I want to do as well as I possibly can. This will require working harder and studying better than I ever have before. The problem is I'm really not sure how.

I've always done well in school, mostly through a combination of natural talent and being able to turn it on when it counts. But not since high school have I been what you might call a "good student." I went to a great college but was fairly apathetic about my classes, skipping most of them, ignoring most of the assigned readings, and starting 10-page papers hours before they were due. My GPA reflected these weak efforts, and it was only through a stellar performance on the LSAT that I managed to squeak into the high-ranking law school that I did.

Now I've resolved to turn over a new leaf and apply myself like I never have before. I know that maintaining my old habits, I could wind up about in the middle of the class and get a decent job out of law school. But I feel like I'd be shortchanging myself and my ambitions if I gave law school anything less than my full, devoted effort. For once, I want to work hard and see where it takes me.

So I have two questions, really. First, how do I become a classically "good student"? Obviously things like going to class and doing all the assigned readings are minimal first steps. But should I be taking notes in class? How do I even do that? How do I highlight stuff I'm reading (and what use is it)? How many hours a day should I spend studying? What should I do in class to keep my attention from wandering 30 seconds into lecture, as it inevitably does? All these little things that most people figured out in high school or at the start of college, I need to learn over the next two months before I begin classes.

Second, what things do I need to know to do well in law school in particular? I know that exams are the main determinants of grades and there are all sorts of approaches to those that I've read about, but how should I be studying throughout the semester so that when exam time comes, I'm not doing my typical last-minute scramble to learn everything I've neglected up to that point? Thanks for any words of wisdom.

Doomed to a life of law-temp jobs?

Anonymous — Wed, 02 Jul 2008 15:22:42 -0800

It's now past the middle of my post-2L summer, and I have yet to find any kind of law-related job for the summer. Am I screwed? I finished my second year of law school, and am still without a job. I attend a fourth-tier law school (was third-tier, but slid down in my 1L year) in a smallish mid-Atlantic city that's already pretty saturated both in terms of lawyers, and of law students from various schools looking for summer jobs. Even so, most of my classmates *do* have summer jobs at this point. I'm lucky to even get a call/email saying "no," and my most promising prospect to this point has been an interview with a legal staffing company, but there is no indication that I will be placed in a position any time soon.

I have a fairly poor law school G.P.A. and ranking (great grades from college, though), and no relevant work experience (went straight from college to law school).

What I'm trying to figure out is:

- What can I do to salvage this summer? I haven't even been able to land a volunteer position doing something legal-y.

- Is there hope for me in the law field once I graduate and pass the bar? How might I downplay my lack of experience, and summers spent not gaining law experience?

How much should I pay my lawyer to settle a wrongful death claim?

Anonymous — Tue, 01 Jul 2008 11:38:11 -0800

I'm going to hire an attorney to settle a wrongful death claim in the state of Ohio, USA. I hope to reach a settlement rather than going to court. What percentage of my settlement should the attorney get? A law firm offered to represent me for either 20% of whatever is gained by reaching a settlement, or 35% of whatever is awarded by a jury if the case goes to trial. Does this sound reasonable? Should I try to negotiate a lower percentage in either case, and if so, what is the lowest percentage I might reasonably expect them to accept?

We've already had a free consultation with the lawyers who will be involved. If I wish to negotiate the contract further, what protocol should I follow - ask for another meeting (and more of their time), call them up or send an email?

Anything else I should know before signing up with a law firm? The claim is against an estate, so a personal injury lawyer and an estate lawyer will both be involved. Their contract seems fairly straightforward and includes their expenses plus the percentage.

Can anyone recommend a NYC criminal defense attorney for a disorderly conduct charge?

Anonymous — Sat, 28 Jun 2008 11:17:33 -0800

Can anyone recommend a good NYC criminal defense attorney to help me with a disorderly conduct charge? I am facing a disorderly conduct charge in NYC. I'm not going to elaborate on the details of the incident here for all of the obvious reasons. Suffice it to say that no blows were exchanged and that I was never handcuffed or formally arrested -- arrested in the sense of having the Miranda warning read to me or sent to Central Booking for processing.

I know that the charge is bogus and penny-ante, that I could probably resolve it by showing up, pleading guilty and paying a fine. But I don't want even this charge on my record; something that seems penny-ante at this point could become a more major deal down the road, perhaps impeding my ability to find work or travel to some countries. And more importantly, I don't think I was doing anything wrong. So I'm not going to plead out. I intend to fight this charge.

Can anyone recommend a reasonably priced defense lawyer in New York City who would be good for this? What sorts of rates would they typically charge?

Thanks in advance.

What the hell is BIGLAW?

ecab — Sat, 28 Jun 2008 08:15:15 -0800

I'm a law student trying to figure out if BIGLAW, with all the big letters, is something worth pursuing. I'm a rising 2L at a top 5 law school, and in a very short time we are expected to start interviewing with the big city law firms for our second summers and, potentially, our post-graduation jobs. I really know next to nothing about what working in a big law firm entails, and so can't decide whether I should interview or not.

I'm not generally clueless on what the law and legal work are about. I am passionate about the law, found my first year to be very interesting, and am aware of various legal jobs, outside of the big Vault firms, that I know I would enjoy.

The problem is that all I seem to hear about biglaw is (1) it pays an obscene amount of money, and (2) it is horribly boring and soul crushing. I figure that (2) can't actually be universally true, but I'm not familiar at all with what lawyers at these top firms actually do day to day. Thus, I can't really decide if it'd be something I hated or enjoyed.

I like working, as long as it's interesting. I have a fair amount of pre-law school work experience, and I've had both good and bad jobs. At the best of these, I worked 70+ hours with regularity and really enjoyed it. At the worst, 40 hours was excruciating. It all boiled down to how much I actually enjoyed the substance of the work. I just don't know what the substance of biglaw work is. I'm aware of the various fields people work in - M&A, transactional, litigation, securities, etc. - but beyond the bare basics I don't really know what this work entails.

This question arises because I didn't do quite as well this year as I hoped - I'm guessing I'm near the median, but they don't tell us - and so the jobs I really wanted, mostly with the federal government, might be slightly out of reach for the time being. Maybe not, and I'm still applying, but I need alternatives. Biglaw isn't the only one, of course, and I'm looking into others (indeed, I'm spending my summer working in a field I really enjoy). Still, I don't want to dismiss biglaw outright based on a skewed perception of what it is.

So, what does an attorney at a big city (e.g., NYC or DC) law firm do? Are there specific specialties that are more interesting? Eighty percent or so of the students from my school go to Vault 20 firms, so those are the firms I'm most curious about.

Thanks a lot.

Don't take my drink away!

Asherah — Fri, 27 Jun 2008 13:20:56 -0800

So what exactly are the restrictions regarding purchasing alcohol in Maryland? I'm moving to Baltimore in August and a friend has mentioned that Maryland has some very antiquated alcohol laws on the books preventing liquor to be purchased on certain days, times, or locations. I'm coming from California where you can get anything you need, anywhere, at anytime (or have it shipped to you from out of state) so this is a bit frustrating and very silly, it would seem.

Can someone give me the rundown of what I can and can't legally do regarding alcohol purchases in MD?

What to do with all that free time in law school?

ericc — Tue, 24 Jun 2008 06:07:52 -0800

I'm just about to head off to law school, where there are dozens of student-groups and extracurricular organizations. Which are most impressive to perspective (big-law) employers? I know good grades is number one by far, and in years 2 and 3, Law Review is number two by far. Any thoughts on what other options mean the most? Especially options for 1Lers?

Not that I'll have time for them, and not that I'll avoid groups that I have specific affinity to, but I'd like to understand the context of those decisions.

Firing based on a background check

billybunny — Fri, 20 Jun 2008 14:02:40 -0800

A friend works for a company who has recently performed a background check on all of its employees. It has instructed him to fire all employees who come back with a previous felony, even though in several cases, they knew about the charges when they hired the employees. This is happening in Indiana. Is this even legal? What rights does my friend have to oppose these firings, and what can these employees do about it?

Is the British Queen regnant/reigning King allowed into the City of London?

krautland — Thu, 19 Jun 2008 05:36:04 -0800

Is the British Queen regnant/reigning King allowed into the City of London? I remember hearing somewhere elizabeth had to get special permission to enter either the center of london or the city of westminster. google has failed me.

is this true?

Legal comeback against a Towing / Traffic Control Company?

jacobean — Tue, 17 Jun 2008 16:42:10 -0800

Car Towed Away by Traffic Control Company - then broken into - what legal comeback do I have? So my parking disc ran out by about 30mins...the car gets towed away an left in a deserted street by the "Traffic Control" company...arrive back to my car, to find smashed windows, important files and my notebook stolen.

I cannot believe this company would leave the car in such an unsafe neighbourhood in a secluded street. I am furious, what is my legal comeback?

Should I retake the LSAT?

doppleradar — Tue, 17 Jun 2008 08:42:41 -0800

Should I retake the LSAT? What's the worst that could happen? Took the LSAT yesterday and don't think I did well. I was practice testing at 170+ and really think I have the "answering-the-questions" part of the test down, but didn't perform 100% on the "test-taking" aspects like time mgmt/test flow/etc. for a variety of reasons (2 hrs sleep, noisy/distracting test site being the two main ones). I can't say for sure I completely bombed it, but it definitely didn't "feel" like a 169+ test. More like below 165.

It seems that recently a lot of schools have switched from averaging multiple LSAT scores to "considering all scores but using the highest." Is this a gimme to take it over no harm no foul or am I missing something? Do I need to cancel my current score if I want to retake or can I let it ride out of morbid curiosity? I guess this is a somewhat recent change on the schools parts so I'm getting a lot of contradictory information.

Oh, and bonus points for where to report test center complaints. I can't seem to find it on the LSAC website.

Thanks.

This question is not based on any real concern

daksya — Mon, 16 Jun 2008 12:18:40 -0800

I just saw The Bank Job and had a question about the disclaimer at the end It says,

"This motion picture is based upon actual events and people..[snip]..Similarity of any dramatized characters, incidents.. to any actual event.. is entirely coincidental and unintentional"

The disclaimer contradicts itself. I realize that this is probably something to with libel CYA, but having just admitted that the film is "based on actual events", how can the similarity be unintentional?

What's the legal status of these disclaimers? If someone is indeed depicted libelously, what protection does it offer (in US, UK)?

Please suggest small towns with innovative live/work zoning laws

jon1270 — Wed, 11 Jun 2008 18:44:02 -0800

What small municipalities have flexible live/work zoning regulations? My town's zoning laws need updating. Please suggest smaller cities that have zoning for live/work spaces, so that I can tell my city councilman what to consider. I live in a small midwestern college town that has somewhat antiquated zoning laws. Businesses are officially confined to a small central business district and the main streets within a couple blocks of the town's central crossroads. The law, I'm told, is written to allow doctors and lawyers, and no one else, to have home offices anywhere in town. Unofficially there are small businesses scattered amongst residential neighborhoods all over town. Therapists, accountants, craftspeople and the like who work from home have to keep their heads down, can't advertise, etc. A city councilman I know thinks he sees an opportunity to change these laws to accommodate more diverse work-at-home situations, and has asked me (because I'm one of these under-the-radar, work-from-home types) to suggests cities with flexible live-work zoning regulations that we can use as a model. He's especially interested in smaller towns, preferably well under 100K residents. Any help identifying some cities like this would be appreciated.

Looking for trial scenes...

jrb223 — Tue, 10 Jun 2008 11:49:09 -0800

Looking for plays with courtroom/trial scenes. I'm trying to gather a list of plays that have 10 - 20 minute scenes featuring a courtroom, trial or similar law-related situation. Preferably in a comic vein. Background: I'm going to be directing a group of lawyers in the scene for an upcoming conference. Last year we did the trial scene from the play Sly Fox, and now I'm looking for new options. Any suggestions?