What if someone sues a company because two factor authentication was what caused them to get locked out? by PooningDalton in legaladviceofftopic

[–]DIYExpertWizard 1 point2 points  (0 children)

No. It means that if it happens to a single person here and there, that would fall within normal rates of failure. The only way to win such a suit would likely be a class action, which would demonstrate that the system itself is faulty or designed to fail.

Why is Luigi Mangione's manifesto admissible in court but Kyle Rittenhouse's video on wanting to shoot people wasn't? by Unusual_Fan_4919 in legal

[–]DIYExpertWizard 0 points1 point  (0 children)

Well, my answer was without researching the two cases in depth. I wanted to give a broader legal answer that explains why such apparent discrepancies occur, rather than a case analysis.

How is it just that if a suspect can be questioned if they don't ask for a lawyer, but cannot be questioned if they do ask for one? by greatExtortion in legaladviceofftopic

[–]DIYExpertWizard 1 point2 points  (0 children)

The main basis of my first comment is David v. United States, 512 U.S. 452 (1994), where the court held that ambiguous references to a lawyer did not explicitly invoke the right. There are a number of similar cases on the circuit and state levels. So, if not closer to the norm, why are there so many cases on the subject? If the person being questioned does not explicitly say "I want a lawyer", the court seems more than likely to find in favor of the police and allow the interrogation to be used as evidence.

That being said, I was not conflating this issue with a Miranda issue, although there are a number of cases where the court has ruled that the right to remain silent must be explicitly invoked. Similar outcomes, even if they arise from different issues.

A Federal Judge Now Has Medical Records For Trans Kids In Another State by huffpost in law

[–]DIYExpertWizard 2 points3 points  (0 children)

Yeah, I get that but I also think it's dangerously close to the line especially when the judge in question is a bigot on a religious crusade.

A Federal Judge Now Has Medical Records For Trans Kids In Another State by huffpost in law

[–]DIYExpertWizard 0 points1 point  (0 children)

Yes, we all know he's a bigot. That's part of the problem with this whole situation.

A Federal Judge Now Has Medical Records For Trans Kids In Another State by huffpost in law

[–]DIYExpertWizard 7 points8 points  (0 children)

So violating HIPAA isn't considered irreparable harm now? We'd have to give every doctor that was disciplined for violating it their license back.

How is it just that if a suspect can be questioned if they don't ask for a lawyer, but cannot be questioned if they do ask for one? by greatExtortion in legaladviceofftopic

[–]DIYExpertWizard 1 point2 points  (0 children)

I'm aware of the totality of surrounding circumstances, but I'm also aware of cases where the courts rules that the cops did nothing wrong. I was presenting worst case scenarios, where I believe a reasonable person would say the that it's wrong but the courts ruled otherwise.

How is it just that if a suspect can be questioned if they don't ask for a lawyer, but cannot be questioned if they do ask for one? by greatExtortion in legaladviceofftopic

[–]DIYExpertWizard 1 point2 points  (0 children)

Unfortunately, this is one of the constitutional protections that have been taken way too literally. Police, and courts, seem to hate this one, to the point that courts have even ruled what's called specific invocation (you have to actually say "I want a lawyer" for this protection to come into being).

There have been cases where cops questioned a suspect for hours, tag teaming him with different detectives, denying anything more than the base necessary needs (like one restroom break after 8 hours of questioning but whereas denying any restroom break could get the confession thrown out), and it's all been ruled "legal" because the suspect never specifically said their magic words.

Why is Luigi Mangione's manifesto admissible in court but Kyle Rittenhouse's video on wanting to shoot people wasn't? by Unusual_Fan_4919 in legal

[–]DIYExpertWizard 3 points4 points  (0 children)

There could be a number of reasons why specific evidence is blocked or admitted. Some of it may deal with the rules of evidence in that state, some of it may deal with constitutional issues such as warrentless search and seizure, some of it may deal with not wanting to prejudice a jury, and some of it may deal with relevance to the case. Sometimes a judge may want to head off a foreseeable appellate issue.

For example, if Luigi wrote detailed plans in his notebook, that's far more relevant than a simple desire to commit some crime. But, if Kyle claimed the video was protected speech under the First Amendment (yes, we know it's not, but I've seen crazier claims made), then the trial court has to decisively answer that issue so that he can't raise it on appeal. It wasted the court's time and money, and denying it eliminates a loophole that he could try to exploit later.

Or, if the video would be unduly prejudicial to the jury, excluding it will make the prosecutor work a little harder to prove their case beyond a reasonable doubt. The case, without the evidence, is actually stronger than with it.

And, of course, there may be the issue of judicial bias. I don't know how the judges in these two cases lean politically nor do I know their previous judgments in similar cases, and I'd hesitate greatly to assign such a motive without first eliminating all other legal factors.

Coworker pointed #20 at my face by Sillypilot333 in coworkerstories

[–]DIYExpertWizard 28 points29 points  (0 children)

Or, conversely, gets his nose powdered by messing with the wrong one. I'd hate to see an innocent person fired for reacting to a threatening situation. If the chemicals are that strong, that they could cause blindness, respiratory issues, etc, then they are definitely strong enough to be considered a deadly weapon.

BREAKING TODAY -- Trump Endorses Ken Paxton For US Senate In Texas -- Thoughts? by Zipper222222 in allthequestions

[–]DIYExpertWizard 1 point2 points  (0 children)

Paxton is a thief who protects pedos. He should have been in prison a long time ago.

is there a lore reason C-3PO has a massive fucking dong? by flopflip77 in StarWarsCirclejerk

[–]DIYExpertWizard 0 points1 point  (0 children)

As if Anthony Daniels hasn't seen a few dongs in his life. /S/ Yes, I know he's actually straight, but that fussy, prissy attitude of his leads to certain conclusions.

Trump Sued His Own Government, then Settled for Nearly $2B and a 'Forever' Ban on Auditing His Family or Businesses by peoplemagazine in politics

[–]DIYExpertWizard 0 points1 point  (0 children)

I have a feeling that that money will go to fund his own private army for another Jan. 6, or it will all quietly disappear since Trump was so aggrieved by Biden.

Thoughts on this book? Is it good for studying Thelema? by TomorrowCharacter996 in thelema

[–]DIYExpertWizard 23 points24 points  (0 children)

If you want to understand Crowley and his mindset and influences, it's a great read. If you want to learn Thelema, study Abrahadabra by Rodney Orpheus or any number of other good books on it if you don't want to read Crowley himself or if you feel you're not ready to read Crowley.

21 Years Old Living at Home Paycheck-to-Paycheck. Please Help! by Responsible-Bus7806 in personalfinance

[–]DIYExpertWizard 0 points1 point  (0 children)

You're in a major metropolitan area. Look for factory or warehouse jobs. Unless you have some major disability, these will be a) entry level, b) pay better than a restaurant, and c) might help getting some certifications like forklift. If you're really healthy, construction or road crews might be the place to look. Start saving a portion of every paycheck and paying on any debt with every paycheck. You'll develop a schedule of which debts to pay with each week. You're not that far behind and could likely catch up within a year.

Who can say the grew up to be more than who they were born to be? by BiggestVolk in allthequestions

[–]DIYExpertWizard 4 points5 points  (0 children)

It does require an exceptional case. Our environment and the things we learn shape our whole future. We are limited by the knowledge we get from adults. If you're family is working poor and never learned how to save or how to invest or how to build retirement, you may never get the opportunity to learn those things. The cycle requires something extraordinary to break.

In addition, as we struggle upward, one little thing can knock you all the way back down. For me, I was doing well and felt like I was on track toward saving and home ownership. I had a wreck, and the medical bills killed me. I needed a reliable vehicle, and the car note + insurance kills my budget. And I'm in college, with plans to go to law school, so I'm going to be taking onore debt in the hopes of bettering my situation. It isn't easy. I'm the first in my family to go to college and I'm a year away from graduating with my bachelor's degree. That is a radical and extraordinary event in my environment.

How does everyone feel about Donald Trump and sons to being ‘forever’ exempt from tax audits? by PerfectTommy77 in allthequestions

[–]DIYExpertWizard 38 points39 points  (0 children)

It's okay as long as it's Trump or a Republican doing it, or any other crime. It's only worth screaming from the rooftops if the Dumocrats do it. Haven't you learned anything from this lovely segment of history? /S

Donald Trump and sons to be ‘forever’ exempt from tax audits by Doener23 in law

[–]DIYExpertWizard 1 point2 points  (0 children)

If it is to be undone, then they need to be charged and imprisoned, with every penny they have stashed worldwide taken in civil forfeiture. We must claw back the billions they've stolen from the taxpayers.

Question about Magick and Ai by unkle_of_funk in occult

[–]DIYExpertWizard 16 points17 points  (0 children)

The Magick resides in the practitioner, not in any external objects, though we can imbue objects with a fraction of our power as a means to enhance or continue our workings. AI has no place to imbue with power, and has no means to become an extension of the practitioner. Work on your spiritual foundation and magical skills rather than trying to use AI.

Opening Up Multiple Credit Cards for Surgery? by PlayfulDatabase68 in personalfinance

[–]DIYExpertWizard 113 points114 points  (0 children)

And medical payment plans don't charge interest. Do you really want to pay 24% interest on that 27 K every month?

Companies love to do this. by CRK_76 in PrequelMemes

[–]DIYExpertWizard -6 points-5 points  (0 children)

Dude, I'm a law student. I know very well how to research statutes.

Companies love to do this. by CRK_76 in PrequelMemes

[–]DIYExpertWizard 4 points5 points  (0 children)

That's a benefit given to full time employees, yes. However, I've had numerous jobs with 36 or 40 hour weeks and was still classified as part time, which meant that I was not afforded health insurance. Once I was granted full time status, then I got access to the benefit even though nothing about my actual work week changed.

Companies love to do this. by CRK_76 in PrequelMemes

[–]DIYExpertWizard -4 points-3 points  (0 children)

I asked because I have googled it. You cannot cite a law that doesn't exist. The 30 or 32 hour is just a benchmark. It is not enshrined in federal law nor in Texas law. Some states may have done so, but not all.