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#41
10-03-2007, 03:24 PM
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Re: Basic legal things everyone should know
[ QUOTE ]
Lawyers, Here's a question. Perhaps a silly one, but one I've wondered about a lot. I sign LOTS of signature pages. In these cases I'm generally sent a bunch of docs w/ "Sign Here" stickies on them and then I send back the signature page only. I usually actually read what I'm sent, so I know what I'm signing. But what's to keep someone from substituting the middle pages after I send it back? And at that point it just becomes my word against theirs in terms of what I actually read and signed. I guess this can be addressed to a degree by having to initial every page. And in most of these cases, there are lots of parties involved. Anyhow, I guess what I'm asking is, in the case of less formal contracts when you have a few pages that you're doing with another individual, are there things you should be making sure to do in case there's a dispute - like at least initialing every page? Or more? [/ QUOTE ] Most, if not all, of the material terms will at least require initials. Generally, the drafting party will draw your attention to each of these terms (and have you initial) because in the event of litigation, the drafting party bears the burden of proof. Where there are multiple parties or the contract is "boilerplate" you don't have to worry about "substituted" terms. Only where the contract is drafted from scratch will you really need to look at all the terms (in any event, situations where these types of contracts are present usually involve lawyers). In practice, sneaking in terms is a very risky proposition (and unlikely). Most people make copies of the contract right after they sign it for their own files. The putative angle-shooter runs the risk that you will produce a true copy at a later time and expose the fraud. 
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#42
10-03-2007, 03:32 PM
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Re: Basic legal things everyone should know
When buying insurance:
Even if you read the complete contract, make sure you talk it over with your agent and that you are getting the coverage you want. Under CA law, knowledge of your insurance contract is imputed to the consumer, HOWEVER, if the agent (incorrectly) explains the policy and it later turns out that a requested item is NOT covered, he may be on the hook for professional negligence. Therefore, before paying the premium, make sure you discuss some common scenarios with the agent. For example, if you live in a fire-danger zone and are buying home insurance, specifically ask what would happen if the house burned down (it won't be covered). If you did buy a fire-policy, ask again, "what would happen if my house burned down." Have the agent explain everything and get an idea of how much will be returned to you and when, etc. Get the details up front. If the carrier ever denies a claim you were told was covered ... guess who eats it? Right, the agent's errors and omissions carrier.
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#43
10-03-2007, 03:59 PM
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Re: Basic legal things everyone should know
[ QUOTE ]
DrewDevil, I'm assuming you're an attorney. What do you think about this hypothetical... John signs a contract to work for Company A, and faxes over a copy. The contract does not have a signature of an employee working for Company A. Before an employee from Company A has the chance to send John a copy of the contract with their signature, John sends another copy of the the contract with the word "VOID" written on it, trying to get out of the contract.. Can John be held to this contract even though Company A did not sign it? I am basically asking... do both parties have to sign the contract in order to make it valid? Or can it be accepted with just the signature of John? Note: I don't know the answer to this. [/ QUOTE ] Yes, I am a lawyer. For a contract to be valid, there has to be an offer and an acceptance. We did a bunch of hypotheticals about situations like this in law school, talking about the "mailbox rule" and things like that. Generally speaking, if one party makes an offer and then rescinds the offer before the other party accepts it, then the contract is not valid. The questions are going to be about what constitutes an "offer" and what constitutes an "acceptance," and when they occurred. Signing a contract is not necessarily an offer or acceptance, as the offer/acceptance could have occurred before that, but the signatures are pretty strong evidence. So what if John faxes the voided contract to Company A, but unbeknownst to him, Company A signed the contract and faxed it to him at the same time? or two minutes earlier? Beats the hell out of me, probably depends on the state and the mood of the judge in the case. Again, generally speaking, the court will look for whether or not there was a "meeting of the minds" and/or an "intent to be bound" by both parties.
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#44
10-03-2007, 04:04 PM
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Re: Basic legal things everyone should know
[ QUOTE ]
Not sure about other states, but in California non-compete agreements are very difficult to enforce. California wants you working, and doesn't want other people to prevent you from being able to do so. If you think you're stuck at your current company because of a non-compete, talk to an attorney. [/ QUOTE ] Non-compete agreements are generally disfavored by the courts, in part because at least theoretically, they can violate the 13th Amendment's prohibition of "involuntary servitude" by forcing someone to work for someone against their will. As a practical matter, non-competes can be enforceable if they are significantly limited in time and scope. You commonly see non-competes in TV anchor contracts, to prevent them from ditching station A and going "across the street" to anchor for station B. A non-compete preventing the anchor from working in the same market for a period of 1 year is maybe/probably enforceable. Preventing the anchor from working anywhere in that state for 5 years? No way.
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#45
10-03-2007, 04:22 PM
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Re: Basic legal things everyone should know
[ QUOTE ]
Anything you make with some minimum level of creativity and fix in some sort of medium has a certain level of copyright protection. for example, your blog is copyrighted. I'm rusty on this, but I think you may have to register a copy with the Copyright Office to sue someone for infringement. currently it looks like copyright protection may last forever, but it's up to Congress. [/ QUOTE ] The send yourself a letter thing is a myth. You must register with the CO to take any legal actions against infringement. [ QUOTE ] you can acquire trademark rights simply by selling goods under a certain mark. however, it may be better for you to actually register your mark with the Patent and Trademark Office (PTO). [/ QUOTE ] Trademark law is a little fuzzy. You technically own a trademark if you do business across state lines. If you call yourself "gewiz" in Ohio, there are no statutes that stop someone from calling themselves "gewiz" in Oklahoma if you only do local business.
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#46
10-03-2007, 04:32 PM
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Re: Basic legal things everyone should know
For those who like to run into the police:
It is not illegal to do drugs or buy drugs. It is only illegal to sell or possess drugs with the intent to sell. It does not matter if the police read you your Miranda Rights. In some states, assault on a police officer is automatic prison time. If you tell the police officer what you did wrong, you are less likely to get a ticket.
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#47
10-03-2007, 05:18 PM
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Re: Basic legal things everyone should know
[ QUOTE ]
For those who like to run into the police: It is not illegal to do drugs or buy drugs. It is only illegal to sell or possess drugs with the intent to sell. It does not matter if the police read you your Miranda Rights. In some states, assault on a police officer is automatic prison time. If you tell the police officer what you did wrong, you are less likely to get a ticket. [/ QUOTE ] Wrong, wrong, possible, doubtful.
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#48
10-03-2007, 05:36 PM
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Re: Basic legal things everyone should know
[ QUOTE ]
[ QUOTE ] For those who like to run into the police: It is not illegal to do drugs or buy drugs. It is only illegal to sell or possess drugs with the intent to sell. It does not matter if the police read you your Miranda Rights. In some states, assault on a police officer is automatic prison time. If you tell the police officer what you did wrong, you are less likely to get a ticket. [/ QUOTE ] Wrong, wrong, possible, doubtful. [/ QUOTE ] First one is wrong most of the time. One exception: its not illegal in California to buy, carry, or take marijuana if you have your card.
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#50
10-03-2007, 05:51 PM
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Re: Basic legal things everyone should know
[ QUOTE ]
[ QUOTE ] [ QUOTE ] For those who like to run into the police: It is not illegal to do drugs or buy drugs. It is only illegal to sell or possess drugs with the intent to sell. It does not matter if the police read you your Miranda Rights. In some states, assault on a police officer is automatic prison time. If you tell the police officer what you did wrong, you are less likely to get a ticket. [/ QUOTE ] Wrong, wrong, possible, doubtful. [/ QUOTE ] First one is wrong most of the time. One exception: its not illegal in California to buy, carry, or take marijuana if you have your card. [/ QUOTE ] It's still illegal under federal law, which, last time I checked, still applies in California. But unless you have enough weight to get the FBI or DEA on your case, that's probably not something you need to worry about too much.
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