#law expertise

[zunikh]

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[cornertheculprit]

i do love how within the aa fandom there are like. actual lawyers. or people studying law. or even people with a general interest in law no degree needed. who know and are aware of all the actual terminology and setup and whatnot of. yknow. lawyering. you get what i mean. and i think those people are fucking awesome and also possibly the smartest people ever for trying to apply real world lawyer logic to the aa games. because i'm one of the people who are just here for the characters and plot and i don't know shit about anything law-related. you could tell me there's a courtroom rule that lawyers can do lines of coke on the benches if they feel too stressed and i would be like Okay Chief Sounds Real Enough 2 Me👍

[kaurwreck]

If enough Kira worshipers demand for his release, even going as far as continue to making serious threat towards the goverment until they do, would Light be released? What are potential of him being released at all? I imagine Kira worshipers purposely making it difficult for anyone after the revelation

There are cultural, procedural, and common sense reasons why Japan's correctional organs would not be compelled to release a mass murderer with a preternatural capacity for serial killing who sought to destroy the social order to satisfy his god complex based on threats made by such mass murderer's riotous cult.

This isn't to say Kira worshippers wouldn't influence Light's sentencing. I'm sure they would since Japanese courts take into account the impact of a convicted person's crime(s) on Japanese society when determining whether the death penalty is appropriate, and instigating civil unrest that threatens national security constitutes a comically deleterious impact on Japanese society.

This also presumes a public and transparent process, but even where the circumstances aren't nearly so extraordinary, Japanese criminal proceedings are not terribly transparent. For example:

From the moment of arrest, prosecutors may strictly limit access to defendants; even defense counsel and family are often barred from contact.

Defense counsel has the right to request access to evidence the prosecutor uses in court, but the prosecution can withhold all other evidence. Further, defense counsel is only permitted to use disclosed evidence to prepare for trial, and cannot disclose information obtained during pre-trial discovery (including to the public).

Japan's constitution mandates open courts, but this does not extend to criminal court records, which are controlled by prosecutors and, if published, anonymized.

Japan’s death penalty law requires that executions must be carried out quietly and without public notice. Death-sentenced prisoners are kept in strict solitary confinement and monitored by 24-hour surveillance cameras. Prisoners are informed just one hour before their sentence is carried out, so their families and defense lawyers only learn about the execution after the fact.

Japanese prosecutors exercise immense discretion based on an opaque system of internal deliberation and consensus and, are substantially insulated from public scrutiny. This doesn't mean they're never influenced by the public, but its rare, and relatively weak.

tl;dr: (1) serious threats to a national government by fringe cultists are not usually a compelling criminal defense, but can be used to justify harsher sentencing; (2) there is 0 potential of Light being released if arrested, but very high potential for Ryuk becoming bored and killing Light before the Japanese government can get around to it. Which, isn't not canonically what happened.

[ctl-yuejie]

love it that the legal takes on this site are always too few degrees off to even make it worth arguing about

[charmac]

about the copyright stuff.. do you think if someone gave complete legal consent for approval of use in an episode (with legal documents giving them permission/ ownership of the material) do you think they could use fanfic/au ideas then? wouldn’t that work around the copyright protections or is that not possible because even then if the person tried to sue or wanted to they couldn’t since it would be in their ownership (rcg) technically.

I don't know enough about the intricacies of copyright and intellectual property law to really say I'm giving you a professional answer, but if a contract was involved relinquishing ownership and/or claims, I'm pretty sure, yes.

In all honestly, I would go as so far as to say just a blanket statement that you relinquish all your right, title, and interest to any original plot, ideas, and/or dialogue in your story would do it. Similar to how some studios or writers have had contests or promotional things fans can submit their fan works to, if you tick a box and say you read and agree to the terms and conditions (normally being you relinquish your right to any monetary claims if they use your work), that's all there is to it. So yeah, if RCG wanted to do some kind of "fan written" or fan-contributed episode they absolutely could.

Just to restate: the refusal of creators and writers engaging with fanfiction due to copyright issues is really when it's put upon them: a fan hands them something or DMs them. That, they basically straight up know/are trained to refuse and not to engage with. When it comes to something more organic, like imagining a creator looking through Ao3 or ff.net, the extremely low likelihood that they are going to do that is because they know it is a very murky area they can easily dupe or hurt themselves walking into. They're supposed to actively avoid it, and most do, but if you want to think (or even strongly believe) your guy is browsing fics when he's bored as hell flying back and forth from LA to Wales multiple times a month, slap a little release on your work, if you want (Sometimes you see release disclaimers on other people's fanfiction. Though a lot of the time it's just a rejection of ownership because people are paranoid they can get in trouble for publishing fanfiction...lmfao).

[woolandcoffee]

Another WOTUS decision from an activist judge, and I just can't stress enough how much the U.S. is captured by an activist, right-wing judiciary. If the courts were ever neutral arbiters who's only existence was to settle disputes and occasionally interpret the law, that time is long past. Our government is, in theory, set up on a system of checks and balances. Except that there is no realistic check upon the court system. At least, there is no realistic check upon the court system if the federal government refuses to act (either by ignoring clearly biased rulings, removing activist judges from the bench, or packing the courts with more moderate jurists).

Unless the judiciary is meaningfully reigned in, judges will continue to take more and more power. If judges continue to overrule federal agencies - who are empowered to act by Congress and the President, and employ thousands of experts to make informed decisions - for no reason other than that particular judge disagrees personally with the agency's decision, then we're effectively letting judges run the government. It doesn't matter who the President is, or what Congress does, it matters what some Harvard grad who wears a polyester robe to work and hasn't every worked an honest day in their life is. And that's a fucking problem.

[loki-zen]

actually can we talk about Legally Blonde the Musical bc it's not as good as Heathers just like the movie is not as good as Heathers but it's actually fucking genius in terms of being like. the exact musical that that movie should be, and so much better than it had to be.

there are multiple sequences that I swear are the length they are for comic effect; like if you can imagine them saying 'no there should be another 20 seconds of this dance break here' the same way that in the movie they were like 'no no she also needs a pen with a big stupid fluffy pink thing on the end,'

[waywardsalt]

chat how do we feel about me deciding that if the other dnd party members want a specific item my character has, they need to succeed a persuasion check with a somewhat high dc

[selkyle24]

When it comes to getting divorced, are older lawyers a better fit because of their experience? Or do younger attorneys have a fresh perspective that is just as powerful? Whether you’re looking for years of courtroom knowledge or someone with the cutting-edge training, there’s no one-size-fits-all. So, what do you think matters most when choosing a lawyer? Share your thoughts!

[madisonellie1]

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[financialadvisorinkolkata]

The Impact of Company Law on Your Business

Company law is an essential component of business operations, influencing everything from inception to day-to-day operations. We at Surana Consultancy are aware of the nuances of these laws and how they affect companies. The following main ideas emphasize the significance of company law and how it affects your business:

Business Formation and Structure

Selecting an appropriate business structure is essential. Company law controls the formation procedure whether you're forming a corporation, partnership, or sole proprietorship. It describes the documentation and legal criteria needed to guarantee that your company is protected and acknowledged by the law.

Reporting and Conformance

After your firm is founded, you have to follow company legislation. This include filing financial reports on time, keeping correct records, and abiding by legal requirements. Failure to comply may result in severe penalties and legal issues, which could damage the reputation of your company.

Management of Companies

For a business to succeed, effective corporate governance is necessary. The framework for governance processes is established by company legislation, which also specifies the duties and obligations of officers and directors. Respecting these regulations guarantees accountability, ethics, and openness inside your company.

Agreements and Contracts

The foundation of any commercial transaction is a contract. Contract formation, execution, and enforcement are governed by company law. Comprehending these legal nuances facilitates the creation of unambiguous and binding contracts, reduces conflicts, and protects your rights.

Dispute Resolution

Business disputes are inevitable. Company law provides mechanisms for resolving these conflicts, whether through mediation, arbitration, or litigation. Familiarity with these processes enables you to handle disputes efficiently, preserving business relationships and ensuring continuity.

Protection of Intellectual Property

In the cutthroat economy of today, intellectual property (IP) protection is essential. Copyrights, patents, and trademarks are examples of intellectual property (IP) rights that can be registered and protected under company law. Your competitive edge is safeguarded and innovation is encouraged by this protection.

Purchases and Mergers

Using mergers or acquisitions to grow your company requires intricate legal processes. The regulatory specifications and due diligence procedures required for these kinds of transactions are outlined in company law. Smooth and compliant corporate growth is ensured by appropriate legal counsel.

At Surana Consultancy, we specialize in providing comprehensive corporate legal services for startups in Kolkata. Our expertise in company law helps businesses navigate these regulations seamlessly. Contact us today to speak to our team of experts and ensure your business thrives within the legal framework.

Embrace the legal advantages and protect your business by partnering with leading legal consulting firms. Secure your business’s future with informed legal decisions and proactive compliance.

[lloydlawcollege]

Evaluating BALLB/LLB vs. Other Law Degrees: Which Path to Choose?

Exploring the right law degree is crucial for future legal professionals. This blog compares the BALLB and LLB programs with other law degrees, highlighting differences in structure, focus, and career opportunities. Understand the benefits of integrated programs like BALLB and the specialized paths offered by LLB, JD, and LLM degrees to make an informed decision for your legal career.

[sophiamcdougall]

You're a reasonably informed person on the internet. You've experienced things like no longer being able to get files off an old storage device, media you've downloaded suddenly going poof, sites and forums with troves full of people's thoughts and ideas vanishing forever. You've heard of cybercrime. You've read articles about lost media. You have at least a basic understanding that digital data is vulnerable, is what I'm saying. I'm guessing that you're also aware that history is, you know... important? And that it's an ongoing study, requiring ... data about how people live? And that it's not just about stanning celebrities that happen to be dead? Congratulations, you are significantly better-informed than the British government! So they're currently like "Oh hai can we destroy all these historical documents pls? To save money? Because we'll digitise them first so it's fine! That'll be easy, cheap and reliable -- right? These wills from the 1850s will totally be fine for another 170 years as a PNG or whatever, yeah? We didn't need to do an impact assesment about this because it's clearly win-win! We'd keep the physical wills of Famous People™ though because Famous People™ actually matter, unlike you plebs. We don't think there are any equalities implications about this, either! Also the only examples of Famous People™ we can think of are all white and rich, only one is a woman and she got famous because of the guy she married. Kisses!"

Yes, this is the same Government that's like "Oh no removing a statue of slave trader is erasing history :(" You have, however, until 23 February 2024 to politely inquire of them what the fuck they are smoking. And they will have to publish a summary of the responses they receive. And it will look kind of bad if the feedback is well-argued, informative and overwhelmingly negative and they go ahead and do it anyway. I currently edit documents including responses to consultations like (but significantly less insane) than this one. Responses do actually matter. I would particularly encourage British people/people based in the UK to do this, but as far as I can see it doesn't say you have to be either. If you are, say, a historian or an archivist, or someone who specialises in digital data do say so and draw on your expertise in your answers. This isn't a question of filling out a form. You have to manually compose an email answering the 12 questions in the consultation paper at the link above. I'll put my own answers under the fold. Note -- I never know if I'm being too rude in these sorts of things. You probably shouldn't be ruder than I have been.

Please do not copy and paste any of this: that would defeat the purpose. This isn't a petition, they need to see a range of individual responses. But it may give you a jumping-off point.

Question 1: Should the current law providing for the inspection of wills be preserved?

Yes. Our ability to understand our shared past is a fundamental aspect of our heritage. It is not possible for any authority to know in advance what future insights they are supporting or impeding by their treatment of material evidence. Safeguarding the historical record for future generations should be considered an extremely important duty.

Question 2: Are there any reforms you would suggest to the current law enabling wills to be inspected?

No.

Question 3: Are there any reasons why the High Court should store original paper will documents on a permanent basis, as opposed to just retaining a digitised copy of that material?

Yes. I am amazed that the recent cyber attack on the British Library, which has effectively paralysed it completely, not been sufficient to answer this question for you.  I also refer you to the fate of the Domesday Project. Digital storage is useful and can help more people access information; however, it is also inherently fragile. Malice, accident, or eventual inevitable obsolescence not merely might occur, but absolutely should be expected. It is ludicrously naive and reflects a truly unpardonable ignorance to assume that information preserved only in digital form is somehow inviolable and safe, or that a physical document once digitised, never need be digitised again..At absolute minimum, it should be understood as certain that at least some of any digital-only archive will eventually be permanently lost. It is not remotely implausible that all of it would be. Preserving the physical documents provides a crucial failsafe. It also allows any errors in reproduction -- also inevitable-- to be, eventually, seen and corrected. Note that maintaining, upgrading and replacing digital infrastructure is not free, easy or reliable. Over the long term, risks to the data concerned can only accumulate.

"Unlike the methods for preserving analog documents that have been honed over millennia, there is no deep precedence to look to regarding the management of digital records. As such, the processing, long-term storage, and distribution potential of archival digital data are highly unresolved issues. [..] the more digital data is migrated, translated, and re-compressed into new formats, the more room there is for information to be lost, be it at the microbit-level of preservation. Any failure to contend with the instability of digital storage mediums, hardware obsolescence, and software obsolescence thus meets a terminal end—the definitive loss of information. The common belief that digital data is safe so long as it is backed up according to the 3-2-1 rule (3 copies on 2 different formats with 1 copy saved off site) belies the fact that it is fundamentally unclear how long digital information can or will remain intact. What is certain is that its unique vulnerabilities do become more pertinent with age."  -- James Boyda, On Loss in the 21st Century: Digital Decay and the Archive, Introduction.

Question 4: Do you agree that after a certain time original paper documents (from 1858 onwards) may be destroyed (other than for famous individuals)? Are there any alternatives, involving the public or private sector, you can suggest to their being destroyed?

Absolutely not. And I would have hoped we were past the "great man" theory of history. Firstly, you do not know which figures will still be considered "famous" in the future and which currently obscure individuals may deserve and eventually receive greater attention. I note that of the three figures you mention here as notable enough to have their wills preserved, all are white, the majority are male (the one woman having achieved fame through marriage) and all were wealthy at the time of their death. Any such approach will certainly cull evidence of the lives of women, people of colour and the poor from the historical record, and send a clear message about whose lives you consider worth remembering.

Secondly, the famous and successsful are only a small part of our history. Understanding the realities that shaped our past and continue to mould our present requires evidence of the lives of so-called "ordinary people"!

Did you even speak to any historians before coming up with this idea?

Entrusting the documents to the private sector would be similarly disastrous. What happens when a private company goes bust or decides that preserving this material is no longer profitable? What reasonable person, confronted with our crumbling privatised water infrastructure, would willingly consign any part of our heritage to a similar fate?

Question 5: Do you agree that there is equivalence between paper and digital copies of wills so that the ECA 2000 can be used?

No. And it raises serious questions about the skill and knowledge base within HMCTS and the government that the very basic concepts of data loss and the digital dark age appear to be unknown to you. I also refer you to the Domesday Project.

Question 6: Are there any other matters directly related to the retention of digital or paper wills that are not covered by the proposed exercise of the powers in the ECA 2000 that you consider are necessary?

Destroying the physical documents will always be an unforgivable dereliction of legal and moral duty.

Question 7: If the Government pursues preserving permanently only a digital copy of a will document, should it seek to reform the primary legislation by introducing a Bill or do so under the ECA 2000?

Destroying the physical documents will always be an unforgivable dereliction of legal and moral duty.

Question 8: If the Government moves to digital only copies of original will documents, what do you think the retention period for the original paper wills should be? Please give reasons and state what you believe the minimum retention period should be and whether you consider the Government’s suggestion of 25 years to be reasonable.

There is no good version of this plan. The physical documents should be preserved.

Question 9: Do you agree with the principle that wills of famous people should be preserved in the original paper form for historic interest?

This question betrays deep ignorance of what "historic interest" actually is. The study of history is not simply glorified celebrity gossip. If anything, the physical wills of currently famous people could be considered more expendable as it is likely that their contents are so widely diffused as to be relatively "safe", whereas the wills of so-called "ordinary people" will, especially in aggregate, provide insights that have not yet been explored.

Question 10: Do you have any initial suggestions on the criteria which should be adopted for identifying famous/historic figures whose original paper will document should be preserved permanently?

Abandon this entire lamentable plan. As previously discussed, you do not and cannot know who will be considered "famous" in the future, and fame is a profoundly flawed criterion of historical significance.

Question 11: Do you agree that the Probate Registries should only permanently retain wills and codicils from the documents submitted in support of a probate application? Please explain, if setting out the case for retention of any other documents.

No, all the documents should be preserved indefinitely.

Question 12: Do you agree that we have correctly identified the range and extent of the equalities impacts under each of these proposals set out in this consultation? Please give reasons and supply evidence of further equalities impacts as appropriate.

No. You appear to have neglected equalities impacts entirely. As discussed, in your drive to prioritise "famous people", your plan will certainly prioritise the white, wealthy and mostly the male, as your "Charles Dickens, Charles Darwin and Princess Diana" examples amply indicate. This plan will create a two-tier system where evidence of the lives of the privileged is carefully preserved while information regarding people of colour, women, the working class and other disadvantaged groups is disproportionately abandoned to digital decay and eventual loss. Current and future historians from, or specialising in the history of minority groups will be especially impoverished by this.  

[avnishhhh]

Empower Your Legal Journey: Discover the Role of Genuine Family Lawyers & Mediators

Understanding the Role of Family Lawyers

Family lawyers are legal professionals specializing in matters that affect families, including divorce, child custody, adoption, and domestic violence cases. They are adept at interpreting complex legal statutes and applying them to individual cases, ensuring that their clients' rights are protected and their best interests are served.

Guiding You Through Legal Proceedings

One of the primary roles of family lawyers is to represent their clients in legal proceedings. Whether it's negotiating settlements, presenting cases in court, or drafting legal documents, they provide expert guidance every step of the way. Their goal is to achieve the best possible outcome for their clients while minimizing stress and conflict.

Advocating for Your Rights

Family lawyers are staunch advocates for their clients' rights. They work tirelessly to ensure that their clients are treated fairly under the law and that their voices are heard. Whether it's fighting for parental rights in a custody battle or advocating for a fair division of assets in a divorce, they are committed to achieving justice for their clients.

The Vital Role of Mediators

Mediation is a form of alternative dispute resolution where a neutral third party, known as a mediator, helps parties in conflict reach a mutually acceptable agreement. Mediators facilitate communication, foster understanding, and guide negotiations, ultimately empowering parties to find solutions that work for everyone involved.

Empowering Parties to Find Solutions

In mediation, parties retain control over the outcome of their dispute, rather than leaving it in the hands of a judge or jury. This empowerment is invaluable, as it allows parties to tailor solutions to their unique needs and circumstances. Whether it's crafting a parenting plan that prioritizes the well-being of children or devising a fair financial settlement, mediation offers flexibility and autonomy.

Understanding Family Disputes: A Common Challenge

Navigating Legal Complexities with Genuine Legal Expertise

Genuine legal lawyers specializing in family law possess the knowledge and experience to navigate the intricacies of family disputes. They understand the nuances of relevant laws and regulations, allowing them to offer tailored solutions that align with their clients' needs and objectives. From providing sound legal advice to representing clients in court proceedings, these professionals play a crucial role in achieving favorable outcomes in family-related matters.

The Importance of Seeking Professional Assistance

Attempting to handle family disputes without proper legal guidance can lead to costly mistakes and prolonged conflict. By consulting with a genuine legal lawyer, individuals can gain access to valuable resources and expertise that can streamline the resolution process. Moreover, legal professionals can serve as objective mediators, facilitating communication and negotiation between conflicting parties to reach mutually beneficial agreements.

[longlivetv]

Client: pays us $3000 to perform address validation

Client when presented with the new addresses that resulted from that process: no we don’t want to use those use the ones we gave you

Can I just have $3000 then? Cut out the hours of work (which I also billed for)?

[agentfascinateur]

Understanding what comes next at the ICJ for Palestine:

Alonso Gurmendi breaks it down 👌🏼