Legal Notes: taking stock of the law here and abroad.

[fzappa13]

Been awhile. Well, in my state they're closing down license issuance bureaus in eight out of ten counties with the highest democrat composition. They're also among the poorest. Why is this news? In part because not long ago we made the presentation of a license or some other valid photographic evidence of identity, which is for nearly everyone that license, a requirement for voting.

Hopefully, at some point, you will realize that it is not just democrats that are being herded into the squeeze chute ... it is humanity. Ideology is a myopia offered by our would be herdsman in the hope that we don't see where this is all headed until it is to late. We look at each others' ideology as the problem without considering the possibility that us embracing an offered ideology was the intent of he who has anything but our best wishes at heart. Stop looking at what you see in terms of an embraced ideology and see them for what they are.

By it's fruit is a tree known.

The fruit of the tree of the left/right paradigm is contention. Question is ... where is this contention leading us?



First one to answer "squeeze chute" gets an extremely rare Mateo rep.

 

[Town Heretic]

Hopefully, at some point, you will realize that it is not just democrats that are being herded into the squeeze chute ... it is humanity. Ideology is a myopia offered by our would be herdsman in the hope that we don't see where this is all headed until it is to late.

I don't believe in vast conspiracies to rid us of our right and power, but I do believe in the clumsy corruption and excess of power sitting too long in the same hands. In our state that's the republican establishment. And it's ham fisted sense of self is inadvertently inviting the U.S. Attorney to come down and clean house at some point. Hubris...

 

[fzappa13]

I don't believe in vast conspiracies to rid us of our right and power

Evidently you haven't perused your Bible far enough to encounter mention of the antagonist in it's plot.

 

[Town Heretic]

Evidently you haven't perused your Bible far enough to encounter mention of the antagonist in it's plot.

lain: There are two sorts of conversations. This isn't one of them.

 

[Town Heretic]

Hey Y'all
Question about law... Town you had a thread where we could ask about law, yeah?
I have a question about a man dying when his only offspring grew up without him in another part of the country...does that son have any right to inherit?

Did he die intestate or was there a will? If there was a will it will control the disposition of assets absent a dispute at probate as to the state of mind of the maker that is settled in favor of the objector.

Also if the man did put this son in a will could his widow (who is childless and hostile toward first wife and child) claim the son has no right to receive anything on grounds the decedent had Alzheimer's?

She could certainly try, as per my above, but it's her case to prove and most lawyers make certain the person making the will understands what they are doing.

Hope y'all are all alright TOL!

:e4e:

 

[Sigh]

Thank you so much Town!
If she does try to dispute a will that is in favor of son would a probate court insist on trying to locate son before judging matter?
IOW do others need to be present at probate court?

Thank you again babydoll

 

[Town Heretic]

Thank you so much Town!
If she does try to dispute a will that is in favor of son would a probate court insist on trying to locate son before judging matter?

You'd think an heir, taking assets, would be easy to locate, the probate court being aware of him through claims and filings. But it's less about the court insisting and more about statutes that control. I'll come back to this in a moment.

IOW do others need to be present at probate court?

Parties with an interest are always given some notice so as to protect that interest, to the extent such notice is possible.

An objecting party should have an obligation to serve process on the other party with interest (the son) being addressed. Absent any clear indication of residence there are statutory requirements likely present in the code of the state where the matter is to be settled. Here, were I the moving party, I'd be obligated to attempt at the last known address or, if unknown, to place a notice of the contest in a periodical of general and wide distribution within the county where the will is probated. Most counties still have at least one widely disseminated newspaper. The time for contest being raised may vary by state. In most states that's two years. One year in Penn.

For particulars I'd recommend contacting an attorney who does probate work within the applicable jurisdiction.

 

[Sigh]

Ok, thank you. I hope to let you know how this works out. But that may take some time. You have helped a lot in getting ground under the feet. It's strange how things can get. I'm glad now there are laws to help people be right and fair. Though no law can control or keep all sneaky things from happening, I guess. Sigh.

 

[Town Heretic]

Scalia is dead. He leaves behind a complicated, often brilliant and equally problematic legacy that will be a difficult act to follow, whatever you think of him. Scalia bucked the norm of the Court often enough to stay interestingly difficult to peg on a given.

In District of Columbia v. Heller he supported the Court's groundbreaking recognition of the 2nd Amendment's right to bear arms while noting that this recognition wasn't carte blanch endorsement of any and every. And he could be the disappointing voice of a past better left there, as in his opposition to Miranda.

Scalia was more noteworthy in his dissents than in his less frequent majority opinions. His strident endorsement of Originalism, which unlike strict constructionsim embraces the original intent instead of a literal reading of the plain text. It will be interesting if conservatives, in his name, now derail a process by delay in contravention of the contextual approach to the law that Scalia embodied.

More on Scalia and his legacy as time permits.

 

[Town Heretic]

Having given him some due, here's one reason Scalia's increasingly acerbic voice won't be missed by many. In his dissent to the Court's ruling in Obergefell v. Hodges, Scalia wrote:

"...to allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation." And that "Until the courts put a stop to it, public debate over same-sex marriage displayed American democracy at its best."

Would he have said the same thing about slavery? If the vox populi is to, by fiat, decide what rights each of us is entitled to then all we did in toppling the rule of a monarch is to replace him with his cousins. Scalia wasn't without his share of cogent points, but on the issue of right, he's wrong. One of the reasons for having a S. Ct. is to check laws issued on the back of popular sentiment that abridge rights inherent in the framing of our Republic. That is, each individual has the right to thumb their individual noses at any attempt to restrain personal liberty for no more reason than it offends a larger, collective sensibility.

 

[patrick jane]

Been awhile. Well, in my state they're closing down license issuance bureaus in eight out of ten counties with the highest democrat composition. They're also among the poorest. Why is this news? In part because not long ago we made the presentation of a license or some other valid photographic evidence of identity, which is for nearly everyone that license, a requirement for voting.

Where you at? Bammy ?

 

[Mark M]

Where you at? Bammy ?

Bama

Sent from my Coolpad 3320A using Tapatalk

 

[Town Heretic]

According to Yahoo.com's Dylan Stableford

[FONT=&quot]"Former Fox News host Gretchen Carlson has filed a sexual harassment lawsuit against Roger Ailes, alleging that the network’s chairman and chief executive fired her after she refused to sleep with him."

Carlson alleges "[/FONT][FONT=&quot]“ongoing discriminatory and retaliatory treatment.”

[/FONT][FONT=&quot]A copy of the complaint can be read here.

It looks as though a window is about to be opened into the inner workings of Fox...that or there'll be a relatively quick and comfortable settlement.

[/FONT]

 

[Town Heretic]

Andrea Tantaros has joined the growing line of litigants raising suit against embattled former CEO of Fox News, Roger Ailes. Tantaros alleges Ailes had her removed from her stint on "The Five" following her rebuff of his sexual advances.

More problematic for Fox is her charge that his misconduct was supported and advanced by others in leadership positions within the company, that they knowingly participated in facilitating the former chief's revenge, to the detriment of her career. Included in the suit is William Shine, recently promoted to co-president of Fox News.

Among Tantaros' claims, "[FONT=&quot]“Fox News masquerades as defender of traditional values, but behind the scenes, it operates like a sex-fueled, Playboy Mansion-like cult, steeped in intimidation, indecency and misogyny.”[/FONT]

 

[Town Heretic]

Several municipalities in France have banned burqinis on their beaches. Early this week a French Muslim woman wearing one was forced to publicly remove it. Prime Minister Valls has chimed in, calling the beachwear a symbol of "the enslavement of women".

"On Monday, a lower court in Nice ruled that the Villeneuve-Loubet ban was "necessary, appropriate and proportionate." The administrative court added that wearing "conspicuous" religious clothing on the beaches may be seen as a "provocation" by some people and increase local tensions.

The Villeneuve-Loubet order bars from local beaches any people whose garments don't respect the principles of secularism, health and safety rules and good moral standards." Fox News​

So topless is representative of "good moral standards" but a garment that largely covers the body is unseemly and provocative.

France...

lain:

 

[Nihilo]

So topless is representative of "good moral standards" but a garment that largely covers the body is unseemly and provocative.

France...

lain:

Seriously. And so much for religious liberty too.

 

[Town Heretic]

Seriously. And so much for religious liberty too.

It's Franklin all over again. "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." Or in this case, not even safety, but a false sense of security.

 

[ok doser]

a question for town:

Philadelphia Man Exonerated After Nearly 25 Years Behind Bars for Rape, Murder https://www.yahoo.com/gma/philadelp...hind-bars-171505391--abc-news-topstories.html

what would be a just punishment for the judge and prosecutor who unjustly caused this man to be punished for a crime he didn't commit?

 

[Town Heretic]

Boston Governor Charlie Baker has endorsed a new Massachusetts law that makes it legal for strangers to force their way into cars with animals trapped inside and overheating if the owner cannot be found.

So now would be a good time to invest in stores that sell toy sized dogs in Mass. lain: Think about it.

 

[Nihilo]

It's Franklin all over again. "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." Or in this case, not even safety, but a false sense of security.

And tragically, those words today seem to be as dead as Franklin himself.