A little heads up for all of you that post online about legal matters.... - Page 2 - Zilvia.net Forums | Nissan 240SX (Silvia) and Z (Fairlady) Car Forum

blasting_speed · 03-11-2008, 12:57 AM

Can i say, i own your ass in COD4??? Without having the fear of being arrested or sued for not really owning your ass.

CKAMC · 03-11-2008, 01:00 AM

you know what I like?

how some cell phone providers don't keep records of your txt messages.

not sure about aim, I know for a fact that within our own computer via the old memory one could pull up old aim conversations... but other than that, not sure if they record it over their servers.

private forums are nice, little... yeah just a little harder when it comes to legal matters with a private forum.

for those that say they feel violated that their freedom's are being taken away... the world never did have much freedom in the first place. There was always some sort of system that benefited one person or another in one manner or another.

g6civcx · 03-11-2008, 06:45 AM

Quote:

Originally Posted by OptionZero

Scenario 1
Contract dispute btw P and D

P says "D owes me $100 bucks!"

D may admit P's statement as a party admission, as you mentioned.

P may also admit his own statement as hearsay evidence of the speaker's (in this case, P's) state of mind. This was a problem I helped another friend figure out; basically, P's statement isn't being offered for its truth, but only to show that P believed D owed him (P) the money.

In a contracts case, depending on the circumstances, I am fairly certain that mental state becomes relevant, such as if there were some reliance theory being put forth.

I agree. If it goes towards character or state of mind then the colour of the sky can be admitted. This is why I really dislike criminal and torts in general.

Quote:

Originally Posted by OptionZero

In a patent dispute, it's harder for me to envision the same pattern working, since state of mind of a speaker doesn't really go to anything in such a case, but you're the patent expert, I'm studying crim law (where the whole "sanity" issue makes what someone says relevant). I hope that made sense.

I'm no expert, but I'll say that IP litigation is more "civilised". Registered practitioners are generally regarded as having good moral character and their statements are never questioned.

The only time I see this type of things coming into play is with enrollment and discipline when they may get disbarred.

s14_legend · 05-05-2008, 02:31 PM

good legal stuff guyz and galz

03-11-2008, 12:57 AM	#31
blasting_speed Post Whore! Join Date: Jan 2008 Location: Treno di mezzanotte di amore Posts: 2,593 Trader Rating: (8) Feedback Score: 8 reviews	Can i say, i own your ass in COD4??? Without having the fear of being arrested or sued for not really owning your ass. __________________

03-11-2008, 01:00 AM	#32
CKAMC Post Whore! Join Date: Mar 2004 Location: Desert Age: 38 Posts: 4,804 Trader Rating: (0) Feedback Score: 0 reviews	you know what I like? how some cell phone providers don't keep records of your txt messages. not sure about aim, I know for a fact that within our own computer via the old memory one could pull up old aim conversations... but other than that, not sure if they record it over their servers. private forums are nice, little... yeah just a little harder when it comes to legal matters with a private forum. for those that say they feel violated that their freedom's are being taken away... the world never did have much freedom in the first place. There was always some sort of system that benefited one person or another in one manner or another. __________________

05-05-2008, 02:31 PM	#34
s14_legend Zilvia FREAK! Join Date: Sep 2007 Location: Doing it big one day at a time Posts: 1,321 Trader Rating: (0) Feedback Score: 0 reviews	good legal stuff guyz and galz __________________ "Price is what you pay, Value is what you get.