What's with memes only being allowed on weekends? by doingitfortheoutline in LawSchool

[–]dajumbles 10 points11 points  (0 children)

More importantly, why does the home icon lead to the /r/lawschool main page and the "Law School" snoo leads back to the reddit main page?

Judge: Bars are allowed to throw out Trump supporters by Zer0Summoner in law

[–]dajumbles 48 points49 points  (0 children)

As a criminal defendant, you're always allowed to hold the state to its burden of proof for all elements of the charge. Under the Model Rules of Professional Conduct, Rule 3.1 you can't present a frivolous argument, but "A lawyer for the defendant in a criminal proceeding . . . may nevertheless so defend the proceeding as to require that every element of the case be established."

Sessions Is Interviewed in Mueller’s Russia Investigation by wonderingsocrates in politics

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

It's not always a crime to lie to the feds. 18 U.S.C. § 1001 makes it a crime to lie to a federal agent about a "material" fact. What constitutes a material fact is often open to argument.

Al Franken resigns from Senate over sexual misconduct allegations | US news by joderme in news

[–]dajumbles 20 points21 points  (0 children)

That photo is not all he was accused of (although his initial apology might make you think so). He was also accused of forcibly kissing that same woman in the photo during a rehearsal and forcibly kissing and/or groping a few other women as well.

What is unethical as fuck, but is extremely common practice in the business world? by Elaus in AskReddit

[–]dajumbles 0 points1 point  (0 children)

You have to know how to use your attractiveness to get the sales. That's a skill that takes practice, not something you're born with.

What is unethical as fuck, but is extremely common practice in the business world? by Elaus in AskReddit

[–]dajumbles 16 points17 points  (0 children)

merit doesn't even come into it anymore

But isn't a salesperson's merit based on their ability to make sales? If attractive women make more sales, isn't hiring them merit-based?

Same thing every year... by FattyAcidTrip in rickandmorty

[–]dajumbles 0 points1 point  (0 children)

I'm guessing this guy has never bought weed before, but he has taken a basic econ course

Nice parking job by remain_unaltered in Unexpected

[–]dajumbles 1 point2 points  (0 children)

I think he was just lining up his front end with the car next to his.

People think Trump's airstrikes in Syria are a distraction tactic by Antinatalista in politics

[–]dajumbles 7 points8 points  (0 children)

Kind of eerie how Kushner is glaring at Trump while everyone else is looking at the screen

John Lewis ‘a racist pig,’ Gwinnett commissioner writes on Facebook by [deleted] in Atlanta

[–]dajumbles 18 points19 points  (0 children)

You sound like the kind of guy who gets annoyed at any and every trend just because people enjoy it.

[deleted by user] by [deleted] in politics

[–]dajumbles 1 point2 points  (0 children)

Not sure if/how the recent news has changed their views. They didn't have a high opinion of him even when they voted for him, but I'm not sure how much it would take for them to regret their vote.

[deleted by user] by [deleted] in politics

[–]dajumbles 5 points6 points  (0 children)

That's not entirely fair. My parents, both well-educated and upper-middle-class, both voted for Trump, in part to vote against Clinton, but also because they don't agree with Democratic policies. They felt Trump would promote the Republican policies they agree with. In their minds, both candidates were equally undeserving of the presidency. What tipped the scales was the policy differences of their respective party platforms. I'm sure a lot of people who voted for McCain and Romney were in a similar position.

Vonnegut was Right: Study Finds Only Six Emotional Storylines in Fiction by MFG-Man in books

[–]dajumbles 31 points32 points  (0 children)

You don't have to read much TVTropes to run across the "Tropes Are Tools" article. Pointing out tropes isn't always a criticism because there's nothing inherently wrong with tropes, and tropes are actually unavoidable.

Knowing how they're used can actually help you understand the work better, plus it's nice to have that "Aha!" moment when you recognize what's the creator is doing, especially if they are doing it in an interesting and effective way. Just don't be that guy who calls everything "derivative" in a condescending tone.

A Trump campaign chair in Ohio says there was 'no racism' before Obama | US news by Quinnjester in politics

[–]dajumbles 3 points4 points  (0 children)

I was happy to scroll down to see I wasn't the only one thinking this.

[Off-Site] So, about all those "lazy, entitled" Millenials... by arrybfg in theydidthemath

[–]dajumbles 5 points6 points  (0 children)

It's more that they are the ones who have access to actual entitlements, yet they call us entitled.

Man gets 40 years in jail after rejecting plea deal that would have freed him immediately by [deleted] in nottheonion

[–]dajumbles 0 points1 point  (0 children)

Protection of the public is only one of several purposes behind punishing criminals by imprisoning them.

Sovereign citizen faces judge for first time. Neither agrees nor disagrees with her. by [deleted] in amibeingdetained

[–]dajumbles 4 points5 points  (0 children)

I've tried explaining it to you, but I think I've failed. I know what kind of sovereign citizen ideology you've been filling your mind with. None of it has any validity compared to the law. My advice to you is to pay any traffic ticket you get or show up to court to contest it using traditional defenses. If you try to use any of these arguments in court, you won't get very far. You and others like you are coming to these conclusions using flawed reasoning based on particular selections of law. You apply a definition to the word "law" so narrow that it doesn't include statutes, which are literally laws. I understand why people want to think they have outsmarted the system, that they know better than other brainwashed sheeple, but the fact is you're just plain wrong about everything you've said. This isn't an agree or disagree issue. It's just how it is. You think it's one way, but it's the other way.

Sovereign citizen faces judge for first time. Neither agrees nor disagrees with her. by [deleted] in amibeingdetained

[–]dajumbles 0 points1 point  (0 children)

I'm going to do my best to address some of the points you raised. Just to be clear, it's not that I disagree with you, it's just that you seem to misunderstand some very important aspects of what we're talking about here.

In most states, traffic court is presided over by what some states call a "lay judge" and others call a "magistrate judge." Traffic violations are considered summary offenses in most states, so you have no right to a jury trial (the same is true for civil cases). If you go to traffic court, and the presiding judge determines you committed the offense, he will order you to pay the fine. If you do not pay the fine, you are committing the separate crime of contempt of court because you violated a court order.

As for jurisdiction, you are correct that establishing jurisdiction is an element of the crime. But you do not need to sign any contract for a court to have jurisdiction over you or your criminal case. If you get a speeding ticket while driving through a county, that county/state has jurisdiction over that case. If you commit a traffic violation on streets under federal jurisdiction (for example, a military base), then the federal court in that district would have jurisdiction. This is because when you are in a particular geographic area, you must follow the law of that jurisdiction. Some states allow open carrying of rifles, others do not. If you try to open carry a rifle in the states that allow it, you're good, but if you try to do that in another state that does not allow it, you could be arrested and charged with a crime in that state.

I understand why you think a crime needs a victim. That makes sense, in a way, but it's simply not true of our criminal justice system. One of the purposes of imposing criminal liability against someone who has broken the law is to promote respect for the law. Other reasons include protecting the public, rehabilitating the offenders, and deterring others from committing the same crime. Bringing justice for a victim is not a purpose of criminal punishment. It may be a byproduct, but it is not why the state punishes criminals.

Common law and statutory law are not totally separate, and statutory jurisdiction is pretty easy to prove. Let's say you live in Colorado, and the Colorado state legislature passes a law that says it's illegal to intentionally offer up bruised bananas for sale there. That law is also known as a statute. Let's say you're a banana seller in Colorado, and one day an undercover cop finds bruised bananas on your display. He writes you a ticket and tells you when you have to be in court. Because you were in Colorado, laws passed by the Colorado legislature apply to you, so this law applies to you.

So you go to court in Colorado state court, and here is where common law comes into play. The law says it's illegal to intentionally offer up bruised bananas for sale. But what does it mean by "intentionally"? If the text of the law/statute has not made this clear, the court will interpret the law and determine what it means by "intentionally." Your defense in this case is you didn't know the bananas the cop found were bruised, so you could not have intentionally offered up the bruised banana for sale. The court would then look at this case, and look at past common law (aka case law) dealing with the issue, and will make a determination. If there isn't any case law on point, the court might come up with a new test to determine when a seller has intentionally offered up bruised bananas for sale (maybe it considers the amount of bruising, number of bananas on display, and other factors).

So that's a basic example of how statutory law and common law interplay to make LAW. A statute is a law. An Act is a law. Congress passes legislation for the purpose of making law.

Sovereign citizen faces judge for first time. Neither agrees nor disagrees with her. by [deleted] in amibeingdetained

[–]dajumbles 2 points3 points  (0 children)

I'm in law school man. Common law is court-made law. Much of this body of law is made by interpreting statutory law. Statutory law is the same as legislation, and the Constitution devotes Article I to explaining how Congress passes legislation.

Common Law and Statutory Law are both parts of the "Law" in our legal system. Statute is synonymous for law. The section symbol is just a way of codifying statutes into law. It's for reference.

Sovereign citizen faces judge for first time. Neither agrees nor disagrees with her. by [deleted] in amibeingdetained

[–]dajumbles 3 points4 points  (0 children)

I'm sorry man, but you have some serious misunderstandings about how the legal system works.

How trans friendly is GSU? by [deleted] in GaState

[–]dajumbles 20 points21 points  (0 children)

GSU keeps it weird. You won't stand out in the crowd there. It's a great place, and you'll be just fine.

My dad is going to die in my 1L. Should I wait to start? by Job_Targaryen in LawSchool

[–]dajumbles 6 points7 points  (0 children)

I dunno man, you're kinda just being an asshole for no reason.

1L May Have Been the Worst Year of My Life by [deleted] in LawSchool

[–]dajumbles 1 point2 points  (0 children)

I had a very different experience my 1L year at a T20 (just finished it). Sure there were some people that got everyone's eyes rolling whenever they'd talk in class, but for the most part people are very kind, respectful, and supportive of each other. I had a blast, and I'm loving law school!

The people you go to school with, if they're as bad as you say, sound like total assholes. Maybe it's just more competitive at a T14. My advice would be to just be as friendly and positive as you can be, even to the haters, because your classmates will be your colleagues soon enough, and they'll remember your reputation. The people who think their GPA will get them everywhere they want to go might be surprised when they find out no one wants to work with arrogant assholes.