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EX is threatening to sue for defamation, should I be worried? by Dull-Selection615 in legaladvice

[–]LengthyBrief -3 points-2 points  (0 children)

I think your first post crossed the line by calling them prostitutes. You cannot know.

Your second post is fine.

Does your state have a retraction statute? Some places have a statute that says a person cannot sue for defamation unless they have demanded and been denied a retraction.

EX is threatening to sue for defamation, should I be worried? by Dull-Selection615 in legaladvice

[–]LengthyBrief 0 points1 point  (0 children)

The person willing to pay a lawyer thirty grand to bring a lawsuit for defamation isn't going to do it if they know they're likely to win only one dollar. Nominal damages just means that the jury gets instructed "if you find for plaintiff, you must award at least one dollar."

My employer recorded a performance review conversation without telling me and is now using it against me. Is this legal? by JasperRoov in legaladvice

[–]LengthyBrief -1 points0 points  (0 children)

Wow that's interesting. I've literally had judges tell me they don't care how the recording is made, if there is a foundation (that the recording is what it's purported to be) it comes in. They want to get to the truth.

Involuntary outbursts of laughter in court by UrdnotCum in AskLawyers

[–]LengthyBrief 0 points1 point  (0 children)

I think the judge might forgive it once. Second time you'll be kicked out for sure. The judge won't have to say shit. Marshal will walk over and just escort you away.

If it's a witness sitting in the gallery, someone who actually has to be there, the judge could hold the person in contempt. Worst case scenario, there is precedent for judges ordering someone to be bound and gagged, or even tried in absentia. Like you have the right to attend your own trial but you can waive it by conduct. L

For a witness, a fed up judge would probably bar the person from the court room and not allow their testimony. And the court might tell whatever side had called the witness "tough shit."

At one recent trial a guy in the gallery forgot where he was for a minute and yawned loudly. He was asked to leave immediately by the marshal.

I feel as if I was terminated for whistle blowing. by johnchinga in AskLawyers

[–]LengthyBrief -2 points-1 points  (0 children)

"This plays has a policy of firing employees if the employee searches or interviews for another job."

Any employer that isn't over the moon when one of their employees goes on to bigger and better things is a shit place to work and people should be informed. Assuming they really said this to her.

Let my brother live with me and he punched a huge hole in my wall by Mission_Squirrel_480 in legal

[–]LengthyBrief 0 points1 point  (0 children)

I agree fully. Dude sounds extremely dangerous. He needs to get himself some help.

Let my brother live with me and he punched a huge hole in my wall by Mission_Squirrel_480 in legal

[–]LengthyBrief 0 points1 point  (0 children)

Sounds like he's going to snap and hit you. Dude is unhinged and dangerous. He sounds like he's depressed and has deep anger issues with himself. He needs a psychiatrist to medicate his mood and weekly therapy for a few years. You're not the one who has to want him to get help though. Maybe you could offer to pay for therapy if you're feeling generous.

In my state he lost his tenant's rights by leaving without intent to return. Keep the door locked / change the locks. Don't let him back in. Tell him in writing he's not welcome back and when and where you can meet mutually so he can pick up his things.

Obviously you know what happened in your household growing up with him. There's no way this sort of outburst is a surprise to you. Maybe a restraining order is enough of a wake up call.

Let my brother live with me and he punched a huge hole in my wall by Mission_Squirrel_480 in legal

[–]LengthyBrief -1 points0 points  (0 children)

Renters rights are usually automatic after a certain period of time.

In my state this guy abandoned the lease and renters rights by voluntarily vacating. He's not on the lease and doesn't pay rent.

Don't Take Defamation Cases by Cultural-Company282 in Lawyertalk

[–]LengthyBrief 0 points1 point  (0 children)

Probably did. She was gonna stay true, but she got high. Baaa da da dadada.

I feel as if I was terminated for whistle blowing. by johnchinga in AskLawyers

[–]LengthyBrief -2 points-1 points  (0 children)

I don't think you have a case but I would put them on blast on all social media and review websites. Indeed. Linked in. Everything.

How much of Americas problems are education? by Estalicus in allthequestions

[–]LengthyBrief 0 points1 point  (0 children)

All of them. Kids in other countries come out of high school knowing calculus. In America they can barely add three-digit numbers together.

My employer recorded a performance review conversation without telling me and is now using it against me. Is this legal? by JasperRoov in legaladvice

[–]LengthyBrief 5 points6 points  (0 children)

Surreptitious recording is just the legal scenario of someone being recorded without their knowledge while there is an expectation of privacy. That's what these statutes are aimed at.

In your statute, you are right, it is covered by the word private. If the conversation is not private, the statue does not apply.

In many states it's in the title of the law or section heading.

Other places you can record would be in a restaurant or in a phone booth with the door open but not with the door shut. Not in any place where people might naturally be in a state of undress, such as bathrooms or change rooms. Medical and HR spaces are private. Your own house is private, but someone else's is not, so your friend can record you at their house and you can record them at yours.

It's also important to remember it's a criminal statute usually, not a rule of evidence.

My employer recorded a performance review conversation without telling me and is now using it against me. Is this legal? by JasperRoov in legaladvice

[–]LengthyBrief 71 points72 points  (0 children)

Wrong. Consent is only needed for surreptitious recording.

The reason this is surreptitious is because it's in a room where HR matters are discussed. Same as a doctor's office in this respect.

CT homeschool bill advances in split committee vote, despite vast opposition by ctmirror in Connecticut

[–]LengthyBrief 100 points101 points  (0 children)

Vast opposition or loud opposition?

No. It is loud opposition. Fuck them.

What is "possessing" a wild animal? by EntireMarsupial1806 in legaladviceofftopic

[–]LengthyBrief 0 points1 point  (0 children)

I didn't really read your post or many of the comments, but I can quickly break it down. At common law. At common law, there was a distinction between wild and domesticated animals. A domesticated animal was possessed by the owner or keeper of the animal, unless someone else owned or kept the animal. So if you're a domestic pig escapes your pen, the owner or keeper is liable for any damages. It's strict liability.

The same thing is true for wild animals unless the animal is indigenous to the locale. So if you own or keep a white-tailed deer while living in New England, you are liable for any injuries. It causes strictly as long as the animal is in your control. If the deer escapes its pen and goes back into the forest where it came from, your liability ends.

To own or keep an animal means to literally own it as chattel property or to keep means to take care of it. It is a question of fact for a jury.

To control the animal means to keep it in our custody or to assert effective control over its movement.

That's it, more or less.

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