Defense-Law

As a former student of business law, I need to share this information. This was pounded into our heads throughout the year: self defence is incredibly hard to claim unless contradictory evidence proves otherwise.

There are four things you need to prove in order to claim self defence:

1. You must use force to protect yourself when in danger of serious injury or death.
2. Unless you are in your own house, you must retreat if possible before resorting to force.
3. You must show that you did not start the altercation.
4. Finally, you can’t use more force than necessary to stop an unprovoked attack.

Darren Wilson was not in danger of SERIOUS INJURY or DEATH.

Darren Wilson DID NOT RETREAT.

Darren Wilson STARTED THE ALTERCATION.

Darren Wilson unloaded AT LEAST SIX BULLETS INTO MICHAEL BROWN.

There is NO VALID ARGUMENT IN EXISTENCE that can justify how Darren Wilson used self defense; and even if one point on this list may be true in his favor, ALL POINTS MUST BE PROVEN IN ORDER TO PLEAD IT.

Get off of your soapbox, and stop saying that Darren Wilson used self defense.

Conversation with a Bigot
  • Them:Marriage should be between a man and a woman.
  • Me:Why?
  • Them:Because it's bad for the children. They need a mother and a father.
  • Me:So you're saying that single and widowed people shouldn't be allowed to adopt or keep their children?
  • Them:Well... no... but... it's bad for children to be raised in a home with same-sex parents.
  • Me:Actually, the American Academy of Pediatrics says that children raised in same-sex households fair just as well as those in opposite-sex households.
  • Them:Um... Well it's not fair for the Federal Government to dictate a Pro-Gay Agenda to the entire country.
  • Me:But it's okay for the Federal Government to dictate an anti-Gay Agenda to the entire country...
  • Them:But Same-sex Marriage will ruin the sanctity of Marriage!
  • Me:So you're all for making divorce illegal, then, since you love marriage so much?
  • Them:Well, no... but repealing DoMA will force churches to marry gay couples even though it's against their religion.
  • Me:DoMA refers to legal marriages. It has no effect on your Homophobic Religion.
  • Them:But Gay Marriage is wrong.
  • Me:According to whom?
  • Them:Jesus.
  • Me:Jesus never said anything about Homosexuality at all.
  • Them:Well the Bible then.
  • Me:That's Unconstitutional.
  • Them:The Founding Fathers didn't have gay people. They would oppose Gay Marriage.
  • Me:The Founding Fathers wouldn't approve of mixing Religion with Law.
  • Them:Well...
  • Them:...
  • Them:...
  • Them:Gay people are gross.
  • Me:There it is.

All legally married same-sex couples will be recognized for federal tax purposes, regardless of whether the state where they live recognizes the marriage, the Treasury Department and the Internal Revenue Service said Thursday.

The federal rules change is one of many stemming from the landmark Supreme Court decision in June that struck down the 1996 Defense of Marriage Act. That ruling found that same-sex couples were entitled to federal benefits, but left open the question of how the federal government would actually administer those benefits.

Precisely the right decision.

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I’m sorry but taken out of context this really looks like Cas’ spent an ungodly amount of time redecorating their cabin and all Dean’s got to say when he’s back is

"but…

…why pink???

anonymous asked:

Do doctors really order unnecessary lab tests regularly out of fear of getting sued? I recently read an article claiming some alarming statistic that a lot of the tests performed are done solely out of malpractice fears. That seems so sad, that this system is broken to this extent.

Umm… yeah, we do.

So, remember earlier this year when I found out I got sued? It was because we didn’t do a bunch of labs that, though completely medically unnecessary and against the standard of care, the family thought would have “saved” their loved one from death. 

There are certain things that have become standard out there, and if you don’t order a certain test and you mess up, you WILL get sued. This happens a lot more in the hospital than in the outpatient setting. As a general rule, the sicker the patient is, the more unnecessary tests they get. 

Patient says they have the worse headache of their life? Doesn’t matter that they come to the ER for that same complaint once a week for Dilaudid. They’re getting a CT scan to rule out a bleed.

Patient has burning chest/epigastric pain that is obviously coming from their severe chronic esophagitis? Better get a stress test or a cath just to be sure it’s not their heart. 

We do this stuff ALL the time. One of the things I love about doing medicine overseas is that this burden to CYA is lifted and you can practice medicine in a logical, common sense, prudent way while still treating the patient completely appropriately for their condition. 

But as long as we judge the quality of a doctor’s care by patient satisfaction scores and we allow people to sue for ridiculous things and ask for ungodly sums of money, doctors will continue to practice defensive medicine

There is a point where it gets out of hand though. In my opinion, if you’re draining the system or potentially causing harm to the patient with all your CYA tests, you’ve gone too far. And I think a lot of doctors order tests without talking to the patient first because they assume all patients are litigious, but if you and the patient can come to an agreement not to do an expensive unnecessary workup, then it’s fine. 

via.

This is a pretty helpful infographic, but like most “know your rights” information out there, it raises more questions than it answers.  

Generally speaking, I tell clients, friends and family that in a police encounter the best thing to do is be respectful and truthful. If you don’t feel like you can tell the truth without getting into trouble or arousing further suspicion, ask if you are free to leave, and if you are told you are not free to leave, inform the officer that you will not be answering any more questions until you have spoken with an attorney.  Then just stand your ground, continue to be respectful and polite but don’t say anything more.

"I’m sorry, officer, I don’t consent to searches," is a great phrase to have in your back pocket.  And you guys — don’t consent to searches.  Even if you believe you have nothing to hide.

Join us for the one or all of the Design and Violence Debates!

Design and Violence is an ongoing online curatorial experiment that explores the manifestations of violence in contemporary society by pairing critical thinkers with examples of challenging design work. For this debate series, spanning four evenings, the curators have chosen four provocative motions supported by case studies that will be argued for faults and merits.

Debate I: March 27, 6:30—8PM, Bartos Theater

Moderated by Design and Violence co-curator Paola Antonelli, the second debate centers upon The Liberator, the world’s first 3D printed gun. The gun’s designer, Cody Wilson, and author and journalist Rob Walker (New York Times, Design Observer, Slate) will deliver debate motions, after which will follow a discussion focused on open-source design, the limits of gun laws and rights, and our assumptions about the ethics of design.

The Most Important Legal Stories of 2013

Where you stand on the legal events of 2013 depends entirely upon who you are. If you are an advocate of gay rights, for example, it was a year of breathtaking success in court and state legislatures. So, too, if you are a corporate executive or shareholder or lobbyist benefiting directly from the U.S Chamber of Commerce’s remarkable string of victories at the United States Supreme Court. And it was a great year for George Zimmerman, at least for a few months anyway.

If you are a poor person of color in the South, or a young or elderly person who doesn’t drive, it was a terrible year after the Supreme Court gutted the heart of the Voting Rights Act. So, too, if you are a woman who might want to visit an abortion clinic in the 24 counties in Texas now without one. It wasn’t a good year either for the nation’s spies or for the hundreds of millions of people they spied upon. And it was another bad year for O.J. Simpson.

Read more. [Image: Jonathan Ernst/Reuters]

Queen of Defense: Law Office Secrets
(Queen of Law: 弁護の女王)

Release date (Android)
Japanese: October 6th, 2014
English: December 2014

"As the newest addition to a law office, you have no courtroom experience, and will need to be trained by someone. Who will you pair up with? A greedy, ruthless, but capable lawyer? An elite overachiever with a strict family background? A playful misfit? Or…?"

This is a game by NMG2 Limited! You can get it for Android here.

Screenshots:

    

    

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Shield wall…

Kosovo Riot Police in full gear use an age old defensive formation during a protest. Made famous by the Romans and Spartans, that particular formation in the picture is called a “Testudo (Tortoise) Shield Wall”, albeit the stationary/immobile variation.