Ask me a legal question - Page 3

Tubby Rower · 05-10-2007, 01:31

Thanks guys. I almost expected one of the Europeans to start something up about gun control. I know that the funny answer to why Americans need to be armed is to defend ourselves jsut in case the English just barge into my house. but that's not as funny as when it was in my head.

mauer · 05-10-2007, 02:51

I need a gun for when Santa Anna comes to poor concrete, or when Uncle Crazypants comes over.

Beorn · 05-10-2007, 03:47

Unless he goes completely berzerk on you and shoots on sight, it is tried tested and true that a knife will do a better job at defending yourself against a gun than another gun, so long as the altercation happens within 10 feet. A knife or any short, hard thing you may have on hand that you can use to convincingly deflect an arm. The second of hesitation you can (you can't say always but it's just about, esp. if the person never killed a human AND knows you) observe is enough to gain high ground and cut your way into an agressor.

mauer · 05-10-2007, 03:50

My wife has a court order. The short hard thing is only allowed to be put "in play" on new moons. A knife just wouldn't do, unless it was a nickname.

akots · 05-10-2007, 04:45

I've got an immigration lawyer which is a nice Chinese guy. The problem is that he does not tell a lot apart from these endless forms. But I cannot complain since so far, all he told me to do is working just fine. So, I'll take it back especially if you are not really into this.

Now, regarding workplace safety and this kind of stuff. Let's say that I work for the State of Texas (UT System) but am not a citizen or permanent resident although legal resident (alien). And we have had a number of situations that had put our safety and personal health at risk. For example, the workplace temperature has to be 72-74F. Is sometimes for no apparent reason drops down to 65F. Some people get sick, some get chronic infection. When we complain, it is usually fixed within 3-4 hours. Another thing is that we have considerable biosafety risk (BS Level 2) and chemical risks. However, our chemical hood are turned off rather often without proper warning. Also, some people due to their negligence and stupidity constantly spill something. We complain to Environmental Health and Safety and they come and fix it within 3-4 hours. Sometimes they threaten to shut down the building and once they almost did but it worked out somehow.

This is the present situation and it is quite obvious that there are multiple violations of safety that put our health at risk. The building is new and was opened only 16 months ago. It has multiple construction flaws but looks rather good especially on the outside.

The question is what our legal options are against the State of Texas here? And what consequences of these legal actions might be? Nobody gets seriously hurt and we all have insurance both health and short and long term disability as well as life insurance. But we don't want people to get seriously ill or hurt and this is coming. Personal fault of maintenance or management people is apparently irrelevant since they work for the State of Texas. Or is it not?

The info is needed not so much as to really do anything on the legal side but more to blackmail the administration so that they either replace the maintenance staff or just force them to fix the bad things.

killercane · 05-10-2007, 04:59

Probably the easiest thing to do is file a complaint with OSHA, and get them down to do an inspection. They should keep your identity secret, and even if your employer finds out, they cannot retaliate under federal whistleblower statutes.

Normally, you cannot sue an employer directly. Workers comp is designed to take care of that, albeit poorly in many cases.

akots · 05-10-2007, 06:05

The problem is that there is no need for them to take any action. They just don't extend the contract which is due annually. How bad this inspection can hurt them? Of course, there are violations everywhere but I thought they investigate only when somebody dies or when many people have some documented medical conditions and not just bad maintenance?

Our Environmental Health and Safety actually is functioning independently of our UT division but they work for the State as well. They are firmly on our side but they don't want to shut the building down unless somebody gets seriously hurt and that is what they told us directly. They do share a feeling that it is coming though. Shutting down is easy but reopening might be very tough.

OK, I now see that failure to hire or rehire is also falling into Protection Program.

akots · 05-10-2007, 06:13

And as to what do you think? Are the things which I described as an example a solid base to try to file the complaint? Or this would not be sufficient?

socralynnek · 05-10-2007, 09:09

Just a word on guns: (BTW, Beam didn't move the uns into this thread...)
I understand you, who feel, you need the guns to defend yourselves. Because everyone has guns. Especially drunk, aggressive people.

But I just see, that the system over here where guns are banned / very limited works better. We might get robbed, but no one dies. (And we have insurances for getting robbed)
Following situation: You have a gun and find someone with a gun in your house. It is almost certain that one of you shoots and that means that one is at least severely injured.
That means tat in this special case, your own gun might kill you. Because if you wouldn't have a gun, then the bad boy wouldn't need to shoot to rob you. It would be enough to threaten to shoot.
Therefore sometimes your own gun might put you at a higher risk of being shot. Sometimes it might save your life (at the expense of some other life).
The problem is: banning guns in the USA wouldn't change much because the people would still have the guns...

So, and now to my question (oh yes, I don't like the death sentence at all):

Person A stands in a state withouth death sentence. Person B stands on the other side of the border in a state with death sentence. Person A shots and kills Person B. Can he be given the death sentence?

Beorn · 05-10-2007, 12:36

Quote:

quote:Originally posted by socralynnekPerson A stands in a state withouth death sentence. Person B stands on the other side of the border in a state with death sentence. Person A shots and kills Person B. Can he be given the death sentence?

Does the body stay on either side, cross over the border or falls right on the border, half on either side?

05-10-2007, 01:31	#21
Tubby Rower Moderator Join Date: Aug 2005 Location: Middle of VA. Posts: 3,896	Thanks guys. I almost expected one of the Europeans to start something up about gun control. I know that the funny answer to why Americans need to be armed is to defend ourselves jsut in case the English just barge into my house. but that's not as funny as when it was in my head. __________________ 3/2006 : Now, surely that must be because some fists might have caused internal damage to certain delicate parts?

05-10-2007, 03:47	#23
Beorn Disabled Vet Join Date: Oct 2005 Location: RAWR! Posts: 1,555	Unless he goes completely berzerk on you and shoots on sight, it is tried tested and true that a knife will do a better job at defending yourself against a gun than another gun, so long as the altercation happens within 10 feet. A knife or any short, hard thing you may have on hand that you can use to convincingly deflect an arm. The second of hesitation you can (you can't say always but it's just about, esp. if the person never killed a human AND knows you) observe is enough to gain high ground and cut your way into an agressor. __________________ Please do not annoy, torment, pester, plague, molest, worry, badger, harry, harrass, heckle, persecute, irk, bullyrag, vex, disquiet, grate, beset, bother, tease, nettle, tantalize or ruffle the animals. San Diego Wild Animal Park

05-10-2007, 04:45	#25
akots Nebuchadnezzar II Join Date: Apr 2004 Location: Glover Park Posts: 4,459	I've got an immigration lawyer which is a nice Chinese guy. The problem is that he does not tell a lot apart from these endless forms. But I cannot complain since so far, all he told me to do is working just fine. So, I'll take it back especially if you are not really into this. Now, regarding workplace safety and this kind of stuff. Let's say that I work for the State of Texas (UT System) but am not a citizen or permanent resident although legal resident (alien). And we have had a number of situations that had put our safety and personal health at risk. For example, the workplace temperature has to be 72-74F. Is sometimes for no apparent reason drops down to 65F. Some people get sick, some get chronic infection. When we complain, it is usually fixed within 3-4 hours. Another thing is that we have considerable biosafety risk (BS Level 2) and chemical risks. However, our chemical hood are turned off rather often without proper warning. Also, some people due to their negligence and stupidity constantly spill something. We complain to Environmental Health and Safety and they come and fix it within 3-4 hours. Sometimes they threaten to shut down the building and once they almost did but it worked out somehow. This is the present situation and it is quite obvious that there are multiple violations of safety that put our health at risk. The building is new and was opened only 16 months ago. It has multiple construction flaws but looks rather good especially on the outside. The question is what our legal options are against the State of Texas here? And what consequences of these legal actions might be? Nobody gets seriously hurt and we all have insurance both health and short and long term disability as well as life insurance. But we don't want people to get seriously ill or hurt and this is coming. Personal fault of maintenance or management people is apparently irrelevant since they work for the State of Texas. Or is it not? The info is needed not so much as to really do anything on the legal side but more to blackmail the administration so that they either replace the maintenance staff or just force them to fix the bad things. __________________ Cujusvis hominis est errare; nullius, nisi insipientis in errore perseverare Ciceron (Marcus Tullius)

05-10-2007, 06:05	#27
akots Nebuchadnezzar II Join Date: Apr 2004 Location: Glover Park Posts: 4,459	The problem is that there is no need for them to take any action. They just don't extend the contract which is due annually. How bad this inspection can hurt them? Of course, there are violations everywhere but I thought they investigate only when somebody dies or when many people have some documented medical conditions and not just bad maintenance? Our Environmental Health and Safety actually is functioning independently of our UT division but they work for the State as well. They are firmly on our side but they don't want to shut the building down unless somebody gets seriously hurt and that is what they told us directly. They do share a feeling that it is coming though. Shutting down is easy but reopening might be very tough. OK, I now see that failure to hire or rehire is also falling into Protection Program. __________________ Cujusvis hominis est errare; nullius, nisi insipientis in errore perseverare Ciceron (Marcus Tullius)

05-10-2007, 06:13	#28
akots Nebuchadnezzar II Join Date: Apr 2004 Location: Glover Park Posts: 4,459	And as to what do you think? Are the things which I described as an example a solid base to try to file the complaint? Or this would not be sufficient? __________________ Cujusvis hominis est errare; nullius, nisi insipientis in errore perseverare Ciceron (Marcus Tullius)

05-10-2007, 02:51	#22
mauer King Join Date: Sep 2006 Posts: 2,033	I need a gun for when Santa Anna comes to poor concrete, or when Uncle Crazypants comes over.

05-10-2007, 03:50	#24
mauer King Join Date: Sep 2006 Posts: 2,033	My wife has a court order. The short hard thing is only allowed to be put "in play" on new moons. A knife just wouldn't do, unless it was a nickname.

05-10-2007, 04:59	#26
killercane Prince Join Date: Sep 2005 Posts: 959	Probably the easiest thing to do is file a complaint with OSHA, and get them down to do an inspection. They should keep your identity secret, and even if your employer finds out, they cannot retaliate under federal whistleblower statutes. Normally, you cannot sue an employer directly. Workers comp is designed to take care of that, albeit poorly in many cases.

05-10-2007, 09:09	#29
socralynnek Moderator Join Date: Nov 2004 Location: USS Defiant Posts: 3,827	Just a word on guns: (BTW, Beam didn't move the uns into this thread...) I understand you, who feel, you need the guns to defend yourselves. Because everyone has guns. Especially drunk, aggressive people. But I just see, that the system over here where guns are banned / very limited works better. We might get robbed, but no one dies. (And we have insurances for getting robbed) Following situation: You have a gun and find someone with a gun in your house. It is almost certain that one of you shoots and that means that one is at least severely injured. That means tat in this special case, your own gun might kill you. Because if you wouldn't have a gun, then the bad boy wouldn't need to shoot to rob you. It would be enough to threaten to shoot. Therefore sometimes your own gun might put you at a higher risk of being shot. Sometimes it might save your life (at the expense of some other life). The problem is: banning guns in the USA wouldn't change much because the people would still have the guns... So, and now to my question (oh yes, I don't like the death sentence at all): Person A stands in a state withouth death sentence. Person B stands on the other side of the border in a state with death sentence. Person A shots and kills Person B. Can he be given the death sentence? __________________ Being without a signature since November 2004.