Monday, February 20, 2017

Some people's kids

First, a limerick:
There once was a couple who owed rent.
They were so much in debt they were bent;
Their folks they did get,
To lend every cent,
And now they all live in a tent.

The other day, I was visited by a older couple. Seems couple's son and daughter-in-law had a habit of borrowing money every time they were in a bind.  This caused no small degree of consternation because couple was elderly, he was retired, and they were living on a fixed income.

About a year ago, son went to dad and sought a "loan" of several thousand dollars to pay rent and other sundries.  Dad could not say NO and handed over the cash "loan" with terms of re-payment.  Son and daughter-in-law took the money and went on a spending spree and never paid the rent.  Subsequently, son and daughter-in-law were evicted.

Fast forward six months and son and daughter-in-law have not paid dime one on the original loan. Dad and mom are living in a motel having lost their house because couldn't pay the mortgage (what with the loan of several thousand dollars) and couple is in front of me asking what they can do to get their money back.

So, to recap: son spent every dime in riotous living, was evicted, has no money or assets to speak of and older couple wants to sue son for the amount of the "loan."  I'm thinking even if couple succeeds in suing son, what is there to collect?!?  Instead of piling on grief, I suggest couple take a look at:


Sad that Dad and Mom were in such a state of affairs. Sadder still that they're having to realize their son took them to the cleaners and that there are no funds to recoup.  Well, at least they have a county law library that can help get them when they're down.  Yeah, at least they have that.

Monday, February 13, 2017

Crazy Love

Crazy love makes people crazy
"Love" (or what people think is love) will make some people do some pretty stupid things.  This being the month of "love," I thought I'd throw my hat into the ring and tell a tale of woe and stupidity.

Seems an older Lad was madly in love with a particular young lady.  Seems the fact that young lady was 20 years younger than Lad did not dissuade him to pursue.  First there was the flowers, then there were the line of soaps and perfume (that Lad had, apparently, made himself).  

Finally, after several rebuffs (i.e. NO, NO, NO and GET AWAY FROM ME YOU FREAK!), Lad asked young lady, on bended knee, to accompany him on what he described as "the most romantic getaway she would ever experience in a million life-times."   A bit corny but who ever said love wasn't a little corny?

Anyway, that's about the time that young lady's Dad got into the act.  Dad, it seems, didn't like the fact that Lad was 20 years older than his daughter and that Lad wouldn't take no for an answer.  So, Dad asked what resources we had that could help him and daughter be rid of Lad and "end the harassment."

In short order, I led Dad over to


So, Dad files his Petition and request for a temporary injunction and Lad files his Response.  Here's where things get dicey.  Seems Lad noted in #3 in his Response that the reason he does not agree to the order requested (STAY AWAY FROM MY DAUGHTER), Lad included, "because I love her;" which, I suspect is why the judge modified the order to make it permanent.  On the spot.  

Apparently Lad vocally protested in court, was cited for contempt and was read the riot act and why it was critical he not violate the restraining order just placed upon him (i.e. don't go see, contact, or bother daughter ever again). Apparently, Lad didn't hear any of that and declared his love for daughter and that "if he couldn't have her, no one could."  Yeah, sounds a little cliche but according to Dad, he really said that.

Suffice it to say, Lad tried to get in touch with daughter a mere day after the hearing, was arrested, charge with violating the injunction and, I suspect, is still cooling his heels in jail pining for his love (as it were).  

Really, folks, if you find yourselves falling in crazy love, try to keep it within a few years, at least.  If you really can't control yourselves, know that your county law library is available to help you when you get in trouble.

Monday, February 6, 2017

Word of the Month for February 2017: Duty

Tangled websDespite what the POTUS or any economic "experts" may say about the state of the economy, I have discovered a perfect measure for whether the economy is tanking: how far in left field are the civil actions being filed in Superior Court.  That's right; when people start coming up with left field causes of action, I know people are getting desperate and the economy is about to tank.

For instance, the other day I had a guy come into the library. Seems guy had a car that he loved dearly and even named it Becky.  Apparently, days before, guy had washed and waxed Becky and had parked Becky under a neighbor's tree.

When guy came out to retrieve Becky, he found that birds had dropped not a few turd bombs on Becky's newly washed and waxed exterior.  Guy was furious and decided that his best course of action was to sue neighbor for the damage to Becky.  Wait, what?!?  Figuring that he couldn't sue God or the birds for dumping on his car, guy decided to go after a person who had no control over the birds or who/what perched on the tree.  Sure, that makes...uh...absolutely NOT a lick of sense!

According to Black's Law Dictionary, DUTY is defined as:
A legal obligation that is owed or due to another and that needs to be satisfied; that which one is bound to do, and for which somebody else has a corresponding right.  A classical English definition [of duty] from the late nineteenth century holds that, when circumstances place one individual in such a position with regard to another that thinking persons of ordinary sense would recognize the danger of injury to the other if ordinary skill and care were not used, a duty arises to use ordinary skill and care to avoid the injury.
So, let's us examine this situation.  Guy parks a car under a tree which, while located on neighbor's lot, neighbor has no control over birds which may be perched on said tree.  Would any "thinking person of ordinary sense" think that neighbor owes a duty to guy to prevent birds from pooping on guy's car?  I don't either.  Fact is, if you're going to park your car under a tree, you are almost daring birds to target your car.

Of course, guy did not care about what a thinking person of ordinary sense would think - he just wanted revenge against someone for allowing the desecration of his beloved Becky! At about this point, I'm thinking I should be calling my broker demanding he switch my portfolio from bonds to stocks because we're in for a doozy of a recession.  Instead, I suggest guy take a look at:
Yep, when causes of actions start looking like Obama's foreign policy, you know it's time to invest in food storage and potable water because the economy is about to hit rock bottom, and beyond.

Monday, January 30, 2017

Easy as ABC

Easily offended
I can't believe that I have to blog about this stuff over and over but it amazes me the things people decide to get offended by.  Take, for example, the lady who came in the other day.  Lady was confused and needed to know how to conduct basic legal research.  Having taught students and lawyers for years, I walked her over to where she was needing help and asked, do you know the alphabet?  Indignant, she spats out that of course she knows the alphabet (I ask because some people don't).  I say, OK, let's say it together. Lady FREAKS out and makes a bee line to my boss demanding that I be fired on the spot.  

I suspect the reason most anyone might get offended is because they don't the basics of the "how" of working with print legal resources.  The first thing people need to know when working with print resources is the key word of the day (which is): RANGE.  While "Range" is the distance between two points, it is also the means whereby a person can locate information in print (or some online) resources not readily apparent from the spine of the/a book.  Let me elucidate.

Say you are using the legal encyclopedia Corpus Juris Secundum and you are looking for information about RIOT(s).  Not wanting to take time to look in the Index, you look on the spine of every book and can't find the word: Riot.  Frustrated, you pick up your marbles and run out of the law library vowing never to return simply because you don't know how Range and the alphabet work.  

So, say the alphabet with me:  A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R,...OK, so we're looking for RIot.  Volume 77 covers everything between RELIGIOUS SOCIETIES to ROBBERY.  Is RIOT in this Range (and, thus, in this book)?  Short answer, yes - because RI(ot) is after RE(ligous) but before RO(bbery).

Get it?  First recite the ALPHABET and then get the RANGE. Can't get any easier!

Let's try another one.  Say you are looking for information on EASEMENTS and are using the legal encyclopedia American Jurisprudence, 2d.  Ready? Let's say the alphabet together.  A, B, C, D, E...OK, so we're looking for EASEMENTS and EASEMENTS starts with EA.  Volume 25 (pictured to the right) covers everything in the Range of DOMESTIC ABUSE AND VIOLENCE to ELECTIONS §§ 1 to 198. Is EASEMENTS in this Range (and, thus, in this book)?  Short answer, yes - because EA(sements) is after DO(mestic abuse and violence) but before EL(ections).

One more?  You come barreling into the law library demanding every case you can find on the subject of SECURITIES (people do it all the time).  I say, do you really want every case we have on the subject of securities or would you rather read up on how securities is applied or, more to the point, how the specific securities you are using is used and/or applied.  You scream out that NO, I WANT ALL THE CASES YOU HAVE ON THE WORD: SECURITIES. OK, OK, calm down, and I lead you over to Words and Phrases.  Let's say the alphabet together.  A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S...OK, so, we're looking for SECurities and we find volume 38A which deals with cases relating to the words SCORE to SEIZURES.  Is SECurities in this Range (and, thus, in this book)?  Short answer, yes - because SEC(urities) is after SC(ore) but before SEI(zures).

If the concept of RANGE and need to recite the ALPHABET is still not clear - that's OK.  Just head on over to your local county law library and your local professional law Librarian can help you find what you're looking to find.  Just, please, leave your angst at the front door.

Monday, January 23, 2017

Absolution

Seeking absolution
Have you ever had an "alleged" murderer confess their crimes to you?  Have you ever had an "alleged" pedophile tell you the sordid details of their latest conquest?  Do you have people come to your place of business and tell you their deepest, darkest secrets just to get "it" off their chest (and on to yours)?  I do, regularly.

You see, I'm a law Librarian and I "get to" hear it all.  Thing is, no one ever told me this was part of the job.  It sure wasn't in the job description!  I thought being a Librarian meant to help people find resources to help them find their way out of their problems.  

Turns out one of the ways to help people is to let them dump their burdens at my feet.  The thing with forgiveness or seeking it is that you gotta have faith.  Really believe it - otherwise, it's just words in the wind.  For some of the people who come in to dump, they're just going through the motions anyway without really wanting to change or come clean.

Take, for example, the young lady who came in the other day.  She was very distraught and very sorry for what she had done.  Really, really!  

Seems she had had a business "soliciting" hundreds of people out of their nest eggs via the Internet.  Seems she was very good at doing what she was doing.  Well, she was very good, until the Department of Justice got wind of her activities and she was charged with violations under:
among other things.  Sorry, sorry, very sorry was she.  She was very sorry for what she'd done (but not so sorry as to want to give back the money she'd heretofore acquired - having spent most of it, anyway).

Understanding the weight of her situation, I suggested she take a look at
...and off she was to craft her defense and get on with life.

Sad how far some people will fall before they seek help.  Sadder, still, are their stories of woe.  Good thing there are law Librarians in the world who will stop and listen when you are at your lowest and then help you get back up and at it.