my lawsuit against the Church

[WeirdBrake]

Haha, gotcha! I'm not really suing the Church. :p I am, however, reviewing my tort law for the bar. So if anyone has any questions about tort law (stuff you can sue people for that doesn't involve breach of contract), feel free to ask! :)

[blueyes]

how about environmental tort...? I am starting my review for my initial CPEA class. that crap is inducing more migraines.

boo.

[WeirdBrake]

Who exactly would be the plaintiff? If someone pollutes your land by means of a tangible physical substance that makes its way onto your land (or a reasonable distance above or below your land), then you can sue for the common law tort of trespass to land. If the complained-about intrusion is an intangible (like odors or lights or noises), then you can sue for the common law tort of nuisance.

[Dreamchasa]

I TOTALLY HAVE ONE....

My great-grandfather passed land down to my grandfather whom passed it down to my mother and her brother. Somehow my DONOR(father) whom is still married to my mother btw got the land in his name. Now the expectation of my great-grandfather and grandfather was the land was to never leave the family. My father is INTENT on selling it b/c he thinks he'll become rich.

Do I have any grounds to sue or get an injunction to prevent the sale of this land?

[WeirdBrake]

Probably not. My understanding of modern inheritance law (which varies by state) is that expectations like the one you mentioned don't have legal weight unless they are codified in some type of will. If your grandfather died intestate (without a will), and your mother simply inherited it, then it's her property to do what she wants with, regardless of whatever expectations her father or grandfather had. If she chooses to convey title to your father and let him sell it, that's up to her, and I don't think the law could do anything.

[lawya girl]

I TOTALLY HAVE ONE....

My great-grandfather passed land down to my grandfather whom passed it down to my mother and her brother. Somehow my DONOR(father) whom is still married to my mother btw got the land in his name. Now the expectation of my great-grandfather and grandfather was the land was to never leave the family. My father is INTENT on selling it b/c he thinks he'll become rich.

Do I have any grounds to sue or get an injunction to prevent the sale of this land?

Ahhhh... property law...my favorite. If the land is properly in your father's name, you're not likely to be succesful.

[Dreamchasa]

Ok, now say I get my great grandfather's will or grandfather's will saying that the property was to stay within the family.

Is there anyway I could at least TIE him up?

[heatherf]

I have one. I know the miners who died in West Virgina was a horrible accident. And the relatives were all told that 12 were alive - by mistake. And then a few hours later they were all told that 12 were dead and only one was alive. And I saw on the news an interview with a woman who of course said she was going to sue because they were all told that 12 of the men were alive. Can she really sue?

[lilyflower]

I have one. I know the miners who died in West Virgina was a horrible accident. And the relatives were all told that 12 were alive - by mistake. And then a few hours later they were all told that 12 were dead and only one was alive. And I saw on the news an interview with a woman who of course said she was going to sue because they were all told that 12 of the men were alive. Can she really sue?

That's a good one, Heather. WB, lawya? And what kind of chances would a case like that have? (I'm assuming "emotional distress" or something along those lines)

[WeirdBrake]

Ahhhh... property law...my favorite.

;)

Dreamchasa... Obvious disclaimer: If you're serious about this question, definitely consult with a lawyer who practices in your state. I'm giving my general understandings of the law, but there's no way I can give you an authoritative answer about what your options are.

[shimmer728]

I have one. I know the miners who died in West Virgina was a horrible accident. And the relatives were all told that 12 were alive - by mistake. And then a few hours later they were all told that 12 were dead and only one was alive. And I saw on the news an interview with a woman who of course said she was going to sue because they were all told that 12 of the men were alive. Can she really sue?

Excellent question.

[WeirdBrake]

I have one. I know the miners who died in West Virgina was a horrible accident. And the relatives were all told that 12 were alive - by mistake. And then a few hours later they were all told that 12 were dead and only one was alive. And I saw on the news an interview with a woman who of course said she was going to sue because they were all told that 12 of the men were alive. Can she really sue?

Sue for what exactly? I'm not understanding the question. If it's established that a tort (like negligence) CAUSED someone to die, then of course you can sue for wrongful death.

[heatherf]

And I mean only sue over the lie/miscommunication....not the accident itself. Although it's a tragedy I think the woman is Coo Coo for Cocoa Puffs. Just one of those with a huge urge to sue anyone or anything.

[lawya girl]

Who would she sue? The media? For negligent infliction of emotional distress, perhaps? She likely won't get far.

[heatherf]

Who would she sue? The media? For negligent infliction of emotional distress, perhaps? She likely won't get far.

She'd sue the person that told of all of them there were survivors....perhaps it was a spokesperson for the Mining Company?

[WeirdBrake]

Yeah, I doubt she'd get anywhere with an emotional distress claim.

[lilyflower]

And I mean only sue over the lie/miscommunication....not the accident itself. Although it's a tragedy I think the woman is Coo Coo for Cocoa Puffs. Just one of those with a huge urge to sue anyone or anything.

Well, she's also dirt poor if she lives off a husband/father/etc working in a coal mine, she probably thinks it's a good way to at least be a bit more set financially.

[lawya girl]

She'd sue the person that told of all of them there were survivors....perhaps it was a spokesperson for the Mining Company?

A lot of states actually require that in order to sue for negligent infliction of emotional distress, you must have reasonably feared for your own life or safety. I.e. you can sue someone who almost hits you in their car if you saw the car coming at you, but not if you were unaware that it was about to hit you. Odd, I know. Even if a state does not require you to make such a showing, you usually have to show some physical problems resulting from the distress - heart attack, etc. It's not an easy claim to prove in any situation.

[WeirdBrake]

Wait... let me see if I understand. She was told that her family member was alive, but the family member was really dead? In that case, she definitely wouldn't have a claim for emotional distress. How did that cause her emotional distress? The emotional distress was in eventually finding out the person died, not in being given false hope that said person was alive.

[lawya girl]

Wait... let me see if I understand. She was told that her family member was alive, but the family member was really dead? In that case, she definitely wouldn't have a claim for emotional distress. How did that cause her emotional distress? The emotional distress was in eventually finding out the person died, not in being given false hope that said person was alive.

Yeah, but you could argue that it was made worse by initially thinking he was alive. It ain't gonna work, but I'm just sayin'...

[heatherf]

See....I had NO idea. So I came up with an ok question?

[lawya girl]

See....I had NO idea. So I came up with an ok question?

Yes, ready for law school? ;)

[heatherf]

Yes, ready for law school? ;)

Soooooooo long ago I knew that I NEVER wanted to go to law school.

Small world though. Today we just found out that Greg's boss just happens to be my cousin's cousin!

[steph78]

Oh, I have one, too.

At my apartment complex, if you get a UPS package or Fed-Ex package and you aren't home, the leasing office signs for it and holds it for you. So we had a UPS package arrive while we were out - got a sticker on our door and as soon as we got home we went to the leasing office, and they didn't have our package! They asked the UPS guy to check the truck the next day - it wasn't there. We called UPS and asked them to check the distribution center - but according to their records the package was signed for by the lady in our leasing office and so they are saying it was delivered successfully and out of their hands. The leasing office pointed out a little clause in our lease that says they are not responsible for lost or stolen mail or packages. So they are refusing any responsibility for this, and we are basically just out the money we spent on our package. Any chance for recourse against the specific person whose signature appears in UPS's records, or does the lease screw us here?

The leasing office admits that they receive a big pile of packages every day and don't look at each one - they just sign as many times as the UPS guy asks them to sign and then put all the packages in the closet. Since we raised such a big fuss they have changed their system so that they actually log each package in individually as they sign for it. So at least we instituted change even if we lost out monetarily. :)

[WeirdBrake]

Yes, ready for law school? ;)

I think that remark is gonna cause Heather to ask you if you'd like to step outside. LOL :twisted:

[heatherf]

I think that remark is gonna cause Heather to ask you if you'd like to step outside. LOL :twisted:

And God forbid that Jilly wants to go into law. My job is "law" enough. All I deal with are codes, ordinances, state and federal laws. ENOUGH.

[WeirdBrake]

The leasing office pointed out a little clause in our lease that says they are not responsible for lost or stolen mail or packages.

I'm not so sure they can disclaim liability so easily. Better check with a lawyer about that.

[heatherf]

I'm not so sure they can disclaim liability so easily. Better check with a lawyer about that.

LOLOLOLOLOLOLOLOLOOLLLLLLOOOOO! So much for the point of your thread, eh WB? :p

[lilyflower]

And God forbid that Jilly wants to go into law. My job is "law" enough. All I deal with are codes, ordinances, state and federal laws. ENOUGH.

Plus, law students are all effin' crazy :evil: :evil: :evil:

[WeirdBrake]

LOLOLOLOLOLOLOLOLOOLLLLLLOOOOO! So much for the point of your thread, eh WB? :p

Hey, I give the best answers I can! But obviously an extremely large disclaimer hangs over this thread like an executed prisoner on the gallows. LOL :twisted:

[WeirdBrake]

Plus, law students are all effin' crazy :evil: :evil: :evil:

Go play with Heather's red ball. :p

[lilyflower]

Go play with Heather's red ball. :p

Go velcro your hightops :p

[lawya girl]

I think that remark is gonna cause Heather to ask you if you'd like to step outside. LOL :twisted:

Naah, I'm allowed to make that comment. One of the only privileges that comes with my misery.;)

I would DIE if one of my future children wanted to be a lawyer.

[lawya girl]

Plus, law students are all effin' crazy :evil: :evil: :evil:

Hello?!?! ;)

[lilyflower]

Hello?!?! ;)

What? You know as well as I do that he's crazy! :p

[WeirdBrake]

What? You know as well as I do that he's crazy! :p

Lawya... you going through the checklist for defamation? So am I. :twisted: ;)

[lawya girl]

What? You know as well as I do that he's crazy! :p


This is true. ;) However, I once was a law student too....
As if THAT'S supposed to make your comment untrue. :)

[biodork]

Oh, I have one, too.

At my apartment complex, if you get a UPS package or Fed-Ex package and you aren't home, the leasing office signs for it and holds it for you. So we had a UPS package arrive while we were out - got a sticker on our door and as soon as we got home we went to the leasing office, and they didn't have our package! They asked the UPS guy to check the truck the next day - it wasn't there. We called UPS and asked them to check the distribution center - but according to their records the package was signed for by the lady in our leasing office and so they are saying it was delivered successfully and out of their hands. The leasing office pointed out a little clause in our lease that says they are not responsible for lost or stolen mail or packages. So they are refusing any responsibility for this, and we are basically just out the money we spent on our package. Any chance for recourse against the specific person whose signature appears in UPS's records, or does the lease screw us here?

The leasing office admits that they receive a big pile of packages every day and don't look at each one - they just sign as many times as the UPS guy asks them to sign and then put all the packages in the closet. Since we raised such a big fuss they have changed their system so that they actually log each package in individually as they sign for it. So at least we instituted change even if we lost out monetarily. :)
This happened to me but luckily it came with a second package the next day.

I don't know why my leasing office won't at least COUNT the packages to make sure the number they are signing for is the same number they are receiving. It's sorta ridiculous, especially since it seems like half the time I'm in there they are doing jack. How hard is it to count packages?

[lawya girl]

Lawya... you going through the checklist for defamation? So am I. :twisted: ;)

Well, nobody's defamed my ability to do my job yet so I'm not sure it's actionable. Although I do that enough all on my own....

[lilyflower]

Lawya... you going through the checklist for defamation? So am I. :twisted: ;)

Ooh, suing me - wow, I believe the term for me is "judgement proof" :p

(Which is proof that I do listen to you - crazy or not :p)

Keri, dear, I don't know you nearly well enough to say if you're crazy or not, but you like academia so that's a check in the "could be crazy" column. ;)

[steph78]

This happened to me but luckily it came with a second package the next day.

I don't know why my leasing office won't at least COUNT the packages to make sure the number they are signing for is the same number they are receiving. It's sorta ridiculous, especially since it seems like half the time I'm in there they are doing jack. How hard is it to count packages?
Agreed. At least we prompted them to start being more careful, although I don't know that it will help with this particular package - it was delivered on Dec. 23rd so it's been MIA for almost two weeks now. The thing we ordered cost about $40, which sucks, but it's not like it's going to ruin our lives forever. I think half the reason I am mad at the leasing office is because they're being so snotty about it - it's as if they don't care at all that they screwed up and they don't understand why we are annoyed with them.

[WeirdBrake]

Well, nobody's defamed my ability to do my job yet so I'm not sure it's actionable. Although I do that enough all on my own....

I meant for ME, fooliette! *sigh*

Lawya... here's a question for you. More of a civil procedure question. Let's say John spies on Tom and gets some juicy private info about him and then tells everyone about it. It harms Tom's reputation. Can Tom sue John for two claims, one of defamation and one of disclosure?

You see the weirdness, right? If the info is false, John is liable for defamation. If it's true, he's liable for disclosure. Could you assert two completely inconsistent claims whereby the success of one would automatically imply the failure of the other and vice versa?

[WeirdBrake]

Agreed. At least we prompted them to start being more careful, although I don't know that it will help with this particular package - it was delivered on Dec. 23rd so it's been MIA for almost two weeks now. The thing we ordered cost about $40, which sucks, but it's not like it's going to ruin our lives forever. I think half the reason I am mad at the leasing office is because they're being so snotty about it - it's as if they don't care at all that they screwed up and they don't understand why we are annoyed with them.

You could always look into small claims court. You may not win, but you could try.

[steph78]

You could always look into small claims court. You may not win, but you could try.
If the package had been more valuable, I'd be there in a flash. But for $40...it doesn't really seem worth the time.

Maybe I'll just threaten them with small claims court and see if they'll knock $40 off my rent next month. :) It's probably a lot easier for them to just fork over the $40 than get lawyers involved, so I might have a shot at success there.

[Dreamchasa]

Weird,

Yea I've thought about it. But I figured I'd tape into your brilliant legal mind and see if its even worth going to a lawyer about. From the feelings I"m getting since the property is in his name now there is no way I can stop him but I always remember stories of how inheritance has been tied up in court so I figured might be an option though I"m not sure I want the headache.

Seems like it might better just have him beat up. lol :twisted:

[lawya girl]

I meant for ME, fooliette! *sigh*

Lawya... here's a question for you. More of a civil procedure question. Let's say John spies on Tom and gets some juicy private info about him and then tells everyone about it. It harms Tom's reputation. Can Tom sue John for two claims, one of defamation and one of disclosure?

You see the weirdness, right? If the info is false, John is liable for defamation. If it's true, he's liable for disclosure. Could you assert two completely inconsistent claims whereby the success of one would automatically imply the failure of the other and vice versa?


Heehee. Yes, you can always plead in the alternative.

And Susan, I embrace my insanity. ;)

[WeirdBrake]

Weird,

Yea I've thought about it. But I figured I'd tape into your brilliant legal mind and see if its even worth going to a lawyer about. From the feelings I"m getting since the property is in his name now there is no way I can stop him but I always remember stories of how inheritance has been tied up in court so I figured might be an option though I"m not sure I want the headache.

Seems like it might better just have him beat up. lol :twisted:

Not to bring up a touchy subject from another thread, but have you thought of petitioning a family law court to get your son the hell away from your father? He sounds like a real psycho.

[WeirdBrake]

Heehee. Yes, you can always plead in the alternative.


I thought so. Now that is whack. Wiggidy whack. Not just regular type. ;)

[Dreamchasa]

I've thought about just finding a property there and buying it so that I can get them out of that house.

He doesn't have custody of my son. My g/f or son's mother or I'm not sure what she is.....lives with MY parents so she can have help from my family and go to LAW SCHOOL of all things.

[WeirdBrake]

I've thought about just finding a property there and buying it so that I can get them out of that house.

He doesn't have custody of my son. My g/f or son's mother or I'm not sure what she is.....lives with MY parents so she can have help from my family and go to LAW SCHOOL of all things.

Yeah, I don't want to pry into your affairs, but it may be worth it to you to do whatever it takes to get them the hell out of that house and away from that man-- even if it means going into considerable more debt in order to do so. Your kid's safety should be the number one concern, and your father is clearly psycho.

[Dreamchasa]

You won't here me disagree with you there. My mother works 3 jobs to support him and his madness. I love my mother but sometimes she's so smart she's dumb.

I mean going into more debt would definitely be where I'm headed but you're right its probably worth it.

I have another LAW question....

Could students form a class-action lawsuit against their college for neglecting to protect them against the local police department that continues to harrass the students AND their families?

[lawya girl]

You won't here me disagree with you there. My mother works 3 jobs to support him and his madness. I love my mother but sometimes she's so smart she's dumb.

I mean going into more debt would definitely be where I'm headed but you're right its probably worth it.

I have another LAW question....

Could students form a class-action lawsuit against their college for neglecting to protect them against the local police department that continues to harrass the students AND their families?

Doubtful. The university would have to have a "duty" to protect you from the police department, which they don't.

[steph78]

I have another LAW question....

Could students form a class-action lawsuit against their college for neglecting to protect them against the local police department that continues to harrass the students AND their families?
OMG, tell me it's not the Charlottesville Police dept? I went to school at UVA, and saw your location is in Charlottesville. Sorry to threadjack, just wanted to give a shoutout to C-ville - I really really really miss it there!

[Dreamchasa]

Steph....NOT TO WORRY!!!!

Its not UVA. I love it here!!!! Though its hard to be single and NOT in school. If I'm even single which can be debated later.

Its down the road at VIRGINIA STATE UNIVERSITY in Petersburg,VA.

[Dreamchasa]

Ok I'm pulling this from another thread....

Can two parents who are filing for divorce work out the custody situation on their own....write it on a piece of paper have it signed in front of a witness or notary and be submitted as a legal document or agreement?

[lawya girl]

Ok I'm pulling this from another thread....

Can two parents who are filing for divorce work out the custody situation on their own....write it on a piece of paper have it signed in front of a witness or notary and be submitted as a legal document or agreement?

Typically the document has to be court approved before its officialy entry as an order, but if you're asking if you NEED a lawyer to work out a custody agreement, the answer is "no."

[Dreamchasa]

Can you get a transfer of an ASSET and have the person you're getting the asset retain liability responsibility of that asset?

Basically what I was thinking was getting my father to sign the land over to the family but him retaining the debt responsibility of the land? I'm pretty sure this isn't possible given the fact that if he defaults the land is the collateral but I dont want to take the land and have to pay off his debts.

I probably just answered my own question but i figured I'd ask anyway b/c I like the fact that you sued the church weird. :)

[thenewkid]

Well. . . it seems to me your father could deed the land to you and retain the mortgage. However, if he does default, you're next in line. . . Having title to the land and having a mortgage on the land are 2 different legal rights/obligations.

I think. I'm studying for the bar. . . still have time to figure it out.

[WeirdBrake]

Well, I'll be a son of a whore! Another bar applicant on QLC. :p