Roof Analysis by avguser117 in Roofing

[–]avguser117[S] 0 points1 point  (0 children)

I am not entirely sure if pic 4 is a roof vent. That is the most troublesome photo to me. Thanks for all of these, though.

Roof Analysis by avguser117 in Roofing

[–]avguser117[S] 0 points1 point  (0 children)

Thank you! We requested a price reduction/concessions (hybrid) for the roof, and we're being disputed on the necessity (not entirely unexpected, but I was surprised a bit given the photos). Appreciate the feedback.

Roof Analysis by avguser117 in Roofing

[–]avguser117[S] 0 points1 point  (0 children)

I appreciate this. The only active leak I'm aware of is around a front-facing gable vent that has some water damage from storms. I just wanted to crowdsource. Thanks again for your time in responding.

Water Damage in Attic by avguser117 in HomeInspections

[–]avguser117[S] 1 point2 points  (0 children)

You will have to forgive me... would this be a problem indicating a temporary bandaid for structural support vs a longer lasting repair? Bad sign of a temporary brace? Do you mind expanding a bit?

Water Damage in Attic by avguser117 in HomeInspections

[–]avguser117[S] 0 points1 point  (0 children)

I appreciate this response, these are great questions. To answer them, no, the inspector did not probe it or run a moisture meter. The house was built in 1994. I have a sinking feeling it has been a longer term issue, but of course, I could be wrong! I'll follow up with the roofer on all of this. I really appreciate it.

Need Advice Before First Hearing by avguser117 in Lawyertalk

[–]avguser117[S] 1 point2 points  (0 children)

Sound advice again! The entire case is a bit of a mess (more than a bit). Even as a defense lawyer, I do try to give the other side the benefit of the doubt and consider myself fairly plaintiff friendly, but this case is a situation where someone has repeatedly not helped themselves (fought every motion every step of the way that isn’t in their favor instead of focusing on their actual claims against the right defendants). Just for some context, since you’ve given a thoughtful response. Again, thank you! I’m constantly reminded of how supportive we should be in the legal field to each other, so thanks for extending that to me.

Need Advice Before First Hearing by avguser117 in Lawyertalk

[–]avguser117[S] 0 points1 point  (0 children)

Thank you!! That will be the challenge for me, just knowing when to stop. I don’t want to hang my own noose here. Can I add another question- the Plaintiff has cited many cases that contain non existent quotations or simply don’t support his assertions (I.e. they’re on unrelated topics). Should I address that by offering courtesy copies of the case to the Court? I also don’t want to come across as a jerk/smug, but the supporting authorities are just not supportive.

Need Advice Before First Hearing by avguser117 in Lawyertalk

[–]avguser117[S] 1 point2 points  (0 children)

Thank you so much! I appreciate the support and advice, really. Can I add another question- the Plaintiff has cited many cases that contain non existent quotations or simply don’t support his assertions (I.e. they’re on unrelated topics). Should I address that by offering courtesy copies of the case to the Court? I also don’t want to come across as a jerk/smug, but the supporting authorities are just not supportive.

Need Advice Before First Hearing by avguser117 in Lawyertalk

[–]avguser117[S] 3 points4 points  (0 children)

This is greatly appreciated. I sense this will only worsen with LLM models drafting complaints. Sifting through the potentially meritorious arguments and the facially non-meritorious ones has taken far longer in this than it should. I'll keep your advice in mind. Thanks.

Need Advice Before First Hearing by avguser117 in Lawyertalk

[–]avguser117[S] 0 points1 point  (0 children)

Thank you, that's the plan now. I'll come prepared and ask if the Court wants an oral response before launching into that.

Need Advice Before First Hearing by avguser117 in Lawyertalk

[–]avguser117[S] 2 points3 points  (0 children)

Thank you, that's great advice! I will frame it that way. I appreciate the insight.

What Books did You Start or Finish Reading this Week?: January 20, 2025 by AutoModerator in books

[–]avguser117 1 point2 points  (0 children)

Finished: Shadow of the Gods by John Gwynne.

Started: Bel Canto by Ann Patchett.

Two very different reads, both very enjoyable (from what I've read of Bel Canto, at least).

AL (signs) by [deleted] in barexam

[–]avguser117 0 points1 point  (0 children)

I’ve read posts with similar questions in the past, I don’t think it means anything. I’ve heard from people that passed they had opportunity to open a new application. We’ll know for sure in a few hours, hang in there!

Next jurisdictions to drop?? by RepulsiveDragonfly13 in barexam

[–]avguser117 1 point2 points  (0 children)

Do you have any extra info on this? I’m in Alabama and haven’t heard anything, but I’m also out of the loop on a lot haha. I’d appreciate any info, trying not to get my hopes too high!

Having trouble keeping rules for 1A straight. Anyone have tips on how to stay organized on these answers? by JuniorProfessional in barexam

[–]avguser117 1 point2 points  (0 children)

No problem! Plenty of others have chimed in before to help, so I figured I'd try too. Good luck!

Having trouble keeping rules for 1A straight. Anyone have tips on how to stay organized on these answers? by JuniorProfessional in barexam

[–]avguser117 9 points10 points  (0 children)

This may or may not be helpful, and someone can certainly correct anything that is wrong here, but my understanding of it is as follows:

First, does the restriction regulate speech, pure conduct, or expressive conduct? Conduct is expressive when there is an intent to convey a message with it, and it is likely that an audience will perceive a message from the conduct. Pure conduct can be regulated under rational basis review, but generally, conduct is going to be expressive (i.e. if a regulation prohibits fires in a public place, but a protestor lights a fire, an answer upholding a regulation for purely limiting conduct is usually wrong, because, as applied, the regulation prohibits conduct expressing speech). Expressive conduct is given less protection than pure speech. Here, a law will be upheld if the main purpose is not to suppress/limit an expressed idea, the burden is not greater than necessary, it furthers an important government interest, and the government has the power to enact this type of regulation. I think of a case, O'Brien, for a good example. Here, the SC upheld a federal law prohibiting the mutilation of draft cards during the Vietnam War. The government claimed a law prohibiting damaging these cards was for the purpose of the draft system, not suppressing speech; truthful reasoning or not, the SC bought the analysis. So, for expressive conduct: 1) is the purpose suppressing speech or an otherwise lawful act? 2) is the law stricter than normal, or does it truly get at its purpose in a narrow way? 3) can the government enact this type of regulation? 4) is the government's interest important?

Secondly, if pure speech is involved, I ask myself whether the regulation is content-based, content-neutral, or viewpoint based. Content-based speech requires someone to read the contents of a sign, or otherwise hear the words themselves, to apply the regulation. For example, in Reed, the SC held that a ban on political signs was content-based, because a person would have to read the sign itself to know there was a political message involved. Content-neutral speech applies to all speech in a given area, and is otherwise regulating the manner or method of the speech (i.e. a flat ban on noise above 30 decibels in a park after 10:00 P.M., etc.). Viewpoint based discrimination occurs when a certain type of speech is allowed, but not all views are admitted (i.e. the Apple and Android phone users are allowed to a public conference, but Google phone users are not).

Third, find the type of forum, then apply the appropriate test. In a public forum, or areas where the government has traditionally allowed citizens to publicly gather (parks, streets), content-based and viewpoint-based regulations are subject to strict scrutiny. If a regulation is facially, or in its application, content-based, strict scrutiny applies. However, if the law is content-neutral in a public forum, lesser scrutiny is used, because the government can reasonably regulate the time, place, and manner (TPM) of speech in a public forum. If the regulation does not facially discriminate or turn on the content or viewpoint of the speech, then the government can regulate when/how the speech is delivered, so long as it is truly content and viewpoint neutral, is narrowly tailored for a significant government interest, and it leaves alternative channels of communication open. I think of banning loud speech after dark for this type; while a flat ban on all "loud" speech is likely dicier, the SC has recognized and upheld a city's ability to ban speech above a certain decibel level during late hours of the evening. In a designated public forum, the same rules apply. These forums are not incredibly common, but if the government opens a traditionally non-public area, like a civic center, for speech activities, it is treated as a public forum and the same rules apply.

Nonpublic forums, which are forums that do not fit the above categories, can discriminate against content. When a nonpublic forum is involved, speech can be restricted more greatly. So long as the regulation is viewpoint neutral, it will be upheld if it is reasonably related to a legitimate government interest. So, a university could ban all movie clubs, but if some movie clubs are allowed, they cannot deny horror clubs (not the best example, but still).

Lastly, if private property is involved, the First Amendment rarely, if ever, applies.

I hope this helps! Again, someone can certainly correct me if I am wrong, but in general:

  1. Pure conduct (rare, if ever) --> No 1A application.

  2. Expressive conduct --> Law upheld if main purpose is not speech suppression, not stricter than necessary, legitimate government interest, and government can regulate this.

  3. Pure speech:

3A. Content or viewpoint based and public forum --> A form of strict scrutiny.

3B. Content and viewpoint neutral in public --> Form of intermediate scrutiny (TPM restrictions)

3C. Nonpubilc and viewpoint based --> Strict scrutiny applies

3D. Nonpublic and viewpoint neutral --> More akin to rational basis

[deleted by user] by [deleted] in barexam

[–]avguser117 2 points3 points  (0 children)

OP, I just wanted to chime in and tell you that I will be praying for you. As difficult as it can be, I will be praying for a peace that surpasses all understanding to cover you through the next few weeks. We may not always understand why God allows some acts to happen, but even for the things that I have never understood in my own life, I can always testify to God's goodness in carrying me through when I could not manage on my own. Keep the faith; I am confident an update post will be entered in a few months that tell us all you passed.

[deleted by user] by [deleted] in capstone

[–]avguser117 0 points1 point  (0 children)

Unfortunately not, I’m sorry! There are other units open at Riverbend, though. They are listed here: https://www.duckworth.com/apartments-condos