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October 20, 2018, 05:08:12 pm

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Topic: Unrelated Law Things  (Read 1891 times)

Victor Laszlo

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« Reply #15 on: May 10, 2018, 03:28:54 pm »
Quote
(a) As used in this section "animal" includes every living creature, domestic or wild, except a human being.

(b) It shall be unlawful within any area of the county for any person to offer or give away any live animal as a prize or reward in connection with any raffle, protest, demonstration, promotion, or as a part of any gratuity or pecuniary exchange to induce entry into any game, contest or other competition, except livestock offered or given away as a part of a farm youth education program.

(c) Nothing in this section shall be construed to prohibit the auction or sale of animals.

(d) Any person who shall violate this section shall, upon conviction thereof, be subject to a fine of not more than five hundred dollars ($500.00) or imprisonment for a term not to exceed twelve (12) months, or both for each offense. Each offering or giving away of an animal in violation of this section shall be deemed a separate offense.

Am I correct in interpreting this section of my local legal code as saying that it is legal to raffle off a live a human being?

Cheapskate

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« Reply #16 on: May 10, 2018, 05:47:25 pm »
Raffling off a person wouldnít be covered by your county code, but if it involves unlawfully restraining someone and then releasing them to the holder of a winning ticket, it would be kidnapping. And, of course, you canít own a person in the U.S.

SATAN MILKSHAKE

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« Reply #17 on: May 11, 2018, 06:10:50 am »
According to this legal code, while you can't offer a raffle for a live cow, you can offer a raffle for a dead cow, and I have to assume that temporarily stopping a cow's heart and then immediately resuscitating it would be frowned on by the courts.

Cheapskate

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« Reply #18 on: May 11, 2018, 07:21:25 am »
If the cow can be resuscitated, it isnít dead, pursuant to the Uniform Determination of Death Act. The act only applies to people, but Iíd take it as advisory when applied to animals.

(Political candidates in Saipan raffle off goats as fundraisers all the time.)
Lemon

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« Reply #19 on: May 11, 2018, 11:01:33 am »
So, speaking from a purely legal point of view, how often should I have butt sex with my girlfriend?
chai tea latte Lemon

Cheapskate

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« Reply #20 on: May 11, 2018, 08:22:49 pm »
What on earth could have led you to think that lawyers would know anything about enjoyable varieties of sex?
Wrought Jackal Flapnasty Lemon Ashto

Victor Laszlo

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« Reply #21 on: May 13, 2018, 12:08:58 pm »
Raffling off a person wouldnít be covered by your county code, but if it involves unlawfully restraining someone and then releasing them to the holder of a winning ticket, it would be kidnapping. And, of course, you canít own a person in the U.S.

Can I raffle off a child? Itís not really ownership per se.

Cheapskate

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« Reply #22 on: May 13, 2018, 05:53:51 pm »
Maybe, if youíre raffling them off to one of your relatives. Your stateĎs adoption code doesnít require state agency investigation or approval for relative adoptions.

Ambious

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« Reply #23 on: May 24, 2018, 08:32:59 am »
Is there a phone spam law in the US?
I keep getting calls from this US based company trying to sell me investment packages.
Not sure where they got my number or how they know I'm a US citizen.
In Israel I can sue them if they don't stop calling me after I specifically asked them to remove me from their lists.
Is there such a thing in the US?
They seem to be California based if that matters.

Edited: To be clear, I'm not actually interesting in suing anyone because that's stupid.
I just wanna get them to stop calling me.
« Last Edit: May 24, 2018, 09:01:56 am by Ambious »

Cheapskate

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« Reply #24 on: May 24, 2018, 11:46:37 pm »
Is there a phone spam law in the US?
I keep getting calls from this US based company trying to sell me investment packages.
Not sure where they got my number or how they know I'm a US citizen.
In Israel I can sue them if they don't stop calling me after I specifically asked them to remove me from their lists.
Is there such a thing in the US?
They seem to be California based if that matters.

Edited: To be clear, I'm not actually interesting in suing anyone because that's stupid.
I just wanna get them to stop calling me.

In theory, you can sign up for the Do Not Call registry. In practice, phone numbers are easily spoofed so they will never be caught if they violate the law.
Ambious

Victor Laszlo

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« Reply #25 on: May 25, 2018, 09:11:22 am »
Is there a phone spam law in the US?
I keep getting calls from this US based company trying to sell me investment packages.
Not sure where they got my number or how they know I'm a US citizen.
In Israel I can sue them if they don't stop calling me after I specifically asked them to remove me from their lists.
Is there such a thing in the US?
They seem to be California based if that matters.

Edited: To be clear, I'm not actually interesting in suing anyone because that's stupid.
I just wanna get them to stop calling me.

In theory, you can sign up for the Do Not Call registry. In practice, phone numbers are easily spoofed so they will never be caught if they violate the law.

Yeah. one time I said to one of these phone spammers "you know I'm on the do not call list, right?" and his response was "oh yeah? how's that working out for you?"
AgentCoop Lemon Ambious Liatai Jackal Flapnasty RoeCocoa chai tea latte

Ambious

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« Reply #26 on: May 25, 2018, 02:09:59 pm »
Is there a phone spam law in the US?
I keep getting calls from this US based company trying to sell me investment packages.
Not sure where they got my number or how they know I'm a US citizen.
In Israel I can sue them if they don't stop calling me after I specifically asked them to remove me from their lists.
Is there such a thing in the US?
They seem to be California based if that matters.

Edited: To be clear, I'm not actually interesting in suing anyone because that's stupid.
I just wanna get them to stop calling me.

In theory, you can sign up for the Do Not Call registry. In practice, phone numbers are easily spoofed so they will never be caught if they violate the law.

Yeah. one time I said to one of these phone spammers "you know I'm on the do not call list, right?" and his response was "oh yeah? how's that working out for you?"

Also it only lets you put in a US based number, so it won't even let me input mine.
Guess I'll just have to rely on TrueCaller.

Victor Laszlo

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« Reply #27 on: September 16, 2018, 07:46:58 pm »
Hypothetical situation:

An old man and his wife die.  It is not clear who inherits their home but they are survived by two sons, who we'll call Hank and Dean.  Dean is a CPA and assumed to be a fairly regular joe based on holding down a career.  This is in contrast to Hank, who continues to live in the basement of the parents' home (maybe he moved upstairs, I guess). 

While the parents were alive, Hank was a Boo Radley, rumored to be a severe alcoholic.  No longer living like a basement troll has given evidence that Hank has a drug problem - numerous police visits to the house for things like "terroristic threatening", "fraud" and "larceny"; cars showing up at 2a with super loud music blasting, Hank walks out to talk to someone in the driver's seat for a minute, then car leaves; the house and vehicles falling into disrepair.  The police are there again tonight, for the fourth time in about three months.

The house is still listed as being owned by the estate of the parents with Dean as the executor of the estate.  Generally speaking, does Dean have any exposure or liability for Hank's actions at the house?  If Hank and Dean inherited the house 50/50 but Hank lives there and Dean has his own residence, does that affect the answer? 

The house is within 1000 feet of a school, so if Hank is selling drugs including pills it's a class D felony in our fair commonwealth.
Lemon

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« Reply #28 on: September 16, 2018, 07:59:38 pm »
Criminally? Not on the facts youíve described to me.

Civilly? If Hank was required to pay restitution as a result of a crime, or if any of his other creditors came after him, the creditors would only be able to collect against Hankís portion of the estate. If Dean pulled some shenanigans to prevent Hank from getting the estate, he could be liable for a fraudulent transfer.

But in general, legally, you are not your brotherís keeper.

Victor Laszlo

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« Reply #29 on: September 16, 2018, 08:20:48 pm »
Interesting.  These websites
https://www.legalmatch.com/law-library/article/drug-activity-and-real-estate.html
https://www.nolo.com/legal-encyclopedia/criminal-acts-activities-landlord-liability-faq.html
which I admit are Not A Lawyer (I'm sure you hate people consulting Google, Esq almost as much as I hate people consulting Dr Google) suggests that at least in some states it is a crime to "control or manage" a property or to be a landlord and "knowingly allow" drug activity to take place.

Obviously Dean is not a landlord in this situation, but it seems like the law of nuisance would apply liability to the owner/executor if he is aware of illegal activity on his property and does not curtail it.