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Should Gloria Share With Mindy?

Topic closed. 79 replies. Last post 3 years ago by Artist77.

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Artist77's avatar - batman14

United States
Member #121745
January 16, 2012
4792 Posts
Offline
Posted: June 10, 2013, 8:29 pm - IP Logged

Who says anything about enforcing? You think half these ludicrous lawsuits filed are actually enforceable? But what it is is a nuisance to the person who has to defend themselves. If it's a big enough nuisance, some might feel it better to just hand over something instead of paying lawyers and having to show up to court. 

Besides, all the opposing lawyer has to prove is that he can get one idiot on the jury to believe him. There are people who actually believe that the members of the Bilderberg group are really reptilian space aliens who have taken human form in order to control our world. If you have millions at stake and a public with a dislike for lottery winners who don't share, would you take your chances that the jury would be made up of all smart, rational people?

A phone sex operator sued her employer because she got carpal tunnel from her constant masturbations. I thought, no way can she win this. But she did. She was able to prove that because talking dirty all day got her so hot and bothered she had to relieve the tension, she had no choice but to masturbate, and the constant masturbating caused CTS. Work place injury with a cause and effect. Who knew?

But a claim has to be colorable under the law and supported by facts .  If it would not survive a motion to dismiss (which this would not), there would be no trial. One is not automatically granted a jury or judge trial (only in criminal matters are you entitled to that right). When you file a claim, you have to cite the case law and/or a demand for equitable relief that supports your position.  You don't settle things that you can get dismissed ASAP. Now if a spouse that are you in the process of divorcing was not provided a share (divorce was not final at the time the person won the JP), that is a case you would want to settle.

Actually the outcome of the case you mentioned is not a suprise. Something like that might be foreseeable and reasonably connected to her job. Now if she had said she had to go out and pick up men, then no.

"What is the Sixth Amendment?"

 

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
The First Amendment Defined: The Sixth Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.
The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.
Stipulations of the Sixth Amendment: The Right to a Speedy Trial: This clause is intended to prevent long-term incarcerations and detentions without the delivery of a trial. In a more general sense, this clause was instituted to eliminate the changes of delivering a prison sentence without a guilty verdict. Additionally, it aims to limit court costs and make the court system readily available to all cases that apply.
The Right to a Public Trial: The right to a public trial ensures the individual that the proceedings are not conducted in a corrupt or unjust way. This clause ensures the delivery of a sound and fair trial through the observance of the public.
The Right to an Impartial Jury: All jury members presiding on a case must be objective and be free from any biases that may affect the outcome of the case. All jurors therefore must undergo a screening process to reveal any potential hatreds or biases that may be present towards a specific group of people.
To be confronted with Witnesses: The defense is awarded the ability to confront and cross-examine witnesses. This clause diminishes the admission of hearsay; testimony by one witness as to the observations and statements of a person to prove that the statement or observation was accurate must be counteracted by the defense.
Counsel: All defendants have the right to be represented by an attorney of his or her choice. That being said, a court may deny this right when it is deemed that the defendant is incapable or incompetent to waive the right of counsel.
Self-Representation: The Supreme Court expanded on this clause, stating that the power to choose or waive legal representation lies with the accused party, and a state may not intrude, only deny the waiver if it believes that the accused party is less than fully competent to adequately proceed with a logical choice of representation. State Timeline for Ratification of the Bill of Rights New Jersey:November 20, 1789; rejected article II
Maryland:December 19, 1789; approved all
North Carolina:December 22, 1789; approved all
South Carolina: January 19, 1790; approved all
New Hampshire: January 25, 1790; rejected article II
Delaware: January 28, 1790; rejected article I
New York: February 27, 1790; rejected article II
Pennsylvania: March 10, 1790; rejected article II
Rhode Island: June 7, 1790; rejected article II
Vermont: November 3, 1791; approved all
Virginia: December 15, 1791; approved all           

 

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<

J'aime La France.

    dr65's avatar - black panther.jpg
    Pennsylvania
    United States
    Member #74096
    May 2, 2009
    22944 Posts
    Offline
    Posted: June 10, 2013, 10:04 pm - IP Logged

    Now if Gloria ASKED Mindy for $2.00 to pay for the ticket...and won.Is Mindy entitled to half or not?

    Now that's something to talk about. I'm sure that someone would like to make a case out of that. They might have
    a leg to stand on...for a little while anyway...until it was determined there was no written agreement. Or maybe it
    wouldn't matter at all.
    All depends on who is hearing the case.

    Giving up your place in line or waving someone on because you're not ready yet or even losing your place in line
    to a no-mannered little old lady and living with it..doesn't entitle you to anything at all.
    The right thing to do is just shut up and get over it.

    What should Gloria do?
    Anyone make the bumper sticket yet?

    246 ~~ 485 ~~ 369 ~~ 890 ~~ 705 ~~ 357 ~~ 129 ~~ 165 ~  007 ~ 225 ~ 818 ~ 440 ~  7775 5557

      Teddi's avatar - Lottery-008.jpg

      United States
      Member #142499
      May 13, 2013
      1183 Posts
      Offline
      Posted: June 10, 2013, 11:27 pm - IP Logged

      But a claim has to be colorable under the law and supported by facts .  If it would not survive a motion to dismiss (which this would not), there would be no trial. One is not automatically granted a jury or judge trial (only in criminal matters are you entitled to that right). When you file a claim, you have to cite the case law and/or a demand for equitable relief that supports your position.  You don't settle things that you can get dismissed ASAP. Now if a spouse that are you in the process of divorcing was not provided a share (divorce was not final at the time the person won the JP), that is a case you would want to settle.

      Actually the outcome of the case you mentioned is not a suprise. Something like that might be foreseeable and reasonably connected to her job. Now if she had said she had to go out and pick up men, then no.

      "What is the Sixth Amendment?"

       

      "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
      The First Amendment Defined: The Sixth Amendment is a part of the Bill of Rights, which are the first 10 Amendments to the United States Constitution and the framework to elucidate upon the freedoms of the individual. The Bill of Rights were proposed and sent to the states by the first session of the First Congress. They were later ratified on December 15, 1791.
      The first 10 Amendments to the United States Constitution were introduced by James Madison as a series of legislative articles and came into effect as Constitutional Amendments following the process of ratification by three-fourths of the States on December 15, 1791.
      Stipulations of the Sixth Amendment: The Right to a Speedy Trial: This clause is intended to prevent long-term incarcerations and detentions without the delivery of a trial. In a more general sense, this clause was instituted to eliminate the changes of delivering a prison sentence without a guilty verdict. Additionally, it aims to limit court costs and make the court system readily available to all cases that apply.
      The Right to a Public Trial: The right to a public trial ensures the individual that the proceedings are not conducted in a corrupt or unjust way. This clause ensures the delivery of a sound and fair trial through the observance of the public.
      The Right to an Impartial Jury: All jury members presiding on a case must be objective and be free from any biases that may affect the outcome of the case. All jurors therefore must undergo a screening process to reveal any potential hatreds or biases that may be present towards a specific group of people.
      To be confronted with Witnesses: The defense is awarded the ability to confront and cross-examine witnesses. This clause diminishes the admission of hearsay; testimony by one witness as to the observations and statements of a person to prove that the statement or observation was accurate must be counteracted by the defense.
      Counsel: All defendants have the right to be represented by an attorney of his or her choice. That being said, a court may deny this right when it is deemed that the defendant is incapable or incompetent to waive the right of counsel.
      Self-Representation: The Supreme Court expanded on this clause, stating that the power to choose or waive legal representation lies with the accused party, and a state may not intrude, only deny the waiver if it believes that the accused party is less than fully competent to adequately proceed with a logical choice of representation. State Timeline for Ratification of the Bill of Rights New Jersey:November 20, 1789; rejected article II
      Maryland:December 19, 1789; approved all
      North Carolina:December 22, 1789; approved all
      South Carolina: January 19, 1790; approved all
      New Hampshire: January 25, 1790; rejected article II
      Delaware: January 28, 1790; rejected article I
      New York: February 27, 1790; rejected article II
      Pennsylvania: March 10, 1790; rejected article II
      Rhode Island: June 7, 1790; rejected article II
      Vermont: November 3, 1791; approved all
      Virginia: December 15, 1791; approved all           

       

      Related

       

      <

      Really? You really think it was foreseeable by the employer, that the employee was so sexually charged that she had to masturbate so many times per day she'd injure herself?

      Do you have any idea the number of ways a woman can masturbate without ever touching herself? If she HAD to relieve the tension then and there, how about a nice pair of vibrating panties. they'd do all the work for her. How about a portable sybian? a butterfly clip? I don't care if she had to do it, but there were certainly a lot more effective, less self-injurious ways of getting off. 

      God only knows how many women developed CTS and injured themselves after the rabbit first came out. Do they have a case? Maybe it's the maker's fault they made a product so enjoyable women just couldn't help themselves. 

      And where exactly do we draw the line at what an employee's job is and how he/she relieves stress from that job for it to be the employer's problem? EKG techs who spend their days putting electrodes on the naked chests of women, do they have a case if they have to go jack one off after every patient? Surely we can prove that the reason we don't allow breasts on tv or in public is it's association with sex and that they are considered to be visually arousing. Is it then foreseeable by the hospital that techs may have to masturbate after each female patient and develop CTS? 

      What if my boss is just an a$$? If I have to go out and drink or go have sex to relieve the stress from my work environment, is he responsible for my alcoholism or my pregnancy?

      The only thing foreseeable about that phone sex operator's judgment is regular people don't like big businesses, and that there is always at least one idiot on every jury.

      As for the original issue, those off the cuff remarks are why lottery winners get sued so often, and why they sometimes lose. Just because someone says something out of the blue that 99.99% of us recognize as just talking, it only talks that .01% to get the right lawyer to hear his case before the right judge to go to trial with the right jury, for them to get some money. It only takes one, and a lot stranger things have happened. On this board, no. Because everyone is using fake names and avatars. Hard to say you had a meeting of the minds if you don't even know who you're talking to. Unless the winner came on here and said they won, how would we even know.

        buttercake's avatar - Lottery-029.jpg

        United Kingdom
        Member #70550
        February 5, 2009
        120 Posts
        Offline
        Posted: June 11, 2013, 5:41 am - IP Logged

        And what makes you think Mindy has a "kind conscious"?

        Well she did let the old lady cut in front of her, if that old lady had cut in front of me, I would have said excuse me love but there's a line here and you certainly weren't in front of it, so in my mind Mindy had a kind heart allowing this lady to beat the line and get her ticket.

          Artist77's avatar - batman14

          United States
          Member #121745
          January 16, 2012
          4792 Posts
          Offline
          Posted: June 11, 2013, 6:49 pm - IP Logged

          Really? You really think it was foreseeable by the employer, that the employee was so sexually charged that she had to masturbate so many times per day she'd injure herself?

          Do you have any idea the number of ways a woman can masturbate without ever touching herself? If she HAD to relieve the tension then and there, how about a nice pair of vibrating panties. they'd do all the work for her. How about a portable sybian? a butterfly clip? I don't care if she had to do it, but there were certainly a lot more effective, less self-injurious ways of getting off. 

          God only knows how many women developed CTS and injured themselves after the rabbit first came out. Do they have a case? Maybe it's the maker's fault they made a product so enjoyable women just couldn't help themselves. 

          And where exactly do we draw the line at what an employee's job is and how he/she relieves stress from that job for it to be the employer's problem? EKG techs who spend their days putting electrodes on the naked chests of women, do they have a case if they have to go jack one off after every patient? Surely we can prove that the reason we don't allow breasts on tv or in public is it's association with sex and that they are considered to be visually arousing. Is it then foreseeable by the hospital that techs may have to masturbate after each female patient and develop CTS? 

          What if my boss is just an a$$? If I have to go out and drink or go have sex to relieve the stress from my work environment, is he responsible for my alcoholism or my pregnancy?

          The only thing foreseeable about that phone sex operator's judgment is regular people don't like big businesses, and that there is always at least one idiot on every jury.

          As for the original issue, those off the cuff remarks are why lottery winners get sued so often, and why they sometimes lose. Just because someone says something out of the blue that 99.99% of us recognize as just talking, it only talks that .01% to get the right lawyer to hear his case before the right judge to go to trial with the right jury, for them to get some money. It only takes one, and a lot stranger things have happened. On this board, no. Because everyone is using fake names and avatars. Hard to say you had a meeting of the minds if you don't even know who you're talking to. Unless the winner came on here and said they won, how would we even know.

          umm Teddi. I kept the conversation clean and professional. I think perhaps you need to vent such issues in a different website.

          J'aime La France.