Week 10 BOC Lawyer Jokes

Week 10 BOC: Lawyer Jokes

http://www.jokes.com/funny-lawyer-jokes

1.       1. When do you know a lawyer is telling the truth?                                                                                          When his lips are shut.               

2.       2. What do you call an honest lawyer?                                                                                                                                                         An oxymoron.

http://mason.gmu.edu/~rrotunda/lawyer.htm

1.       1. How do you stop a lawyer from drowning?

Shoot him before he hits the water

2.     2.   Did you hear about the new sushi bar that caters exclusively to lawyers?                                                      It's called, Sosumi.

Week 9 EOC Used Cars

Week 9 EOC Used Cars

1. Leaving the scene of an accident (after police car was hit) 

2. Bribery of a government official 

5. Your Own Argument and Opinions

5.Your Own Argument and Opinions. Did you agree or disagree with the rulings.  Provide some authority for your argument such as quotes from the book.

I definitely agree with the answers provided by Kaleb Anderson (my lawyer). He has been firm with the answers he said. Another question that relates to photographing people and places as long as I am standing on public property is where he answered, ‘yes’. ‘If you are standing on public property you are legally allowed to photograph anyone or anything you like, even if your subject is on private property or is a private building. We would of course always encourage you to exercise common sense, be courteous and respectful to others and behave in a sensible and moral way.’ Show the people your not a weirdo photographer but a nice an happy one. Society benefits from ethical behavior.     "Researchers who study happiness find that people expect material goods to make them happier than they actually do. Sure, you enjoy driving that snappy new car home from the dealership, but afterward your happiness quickly returns to its natural base level . . . So what does make people happy in the long run? Good relationships, satisfying work, ties to the community—all available at no additional cost.” (Samuelson, Page 18)When asked by private security staff am I required to give my personal details the answer is, 'no.' 'When stopped by security guards, you are not obliged to provide any personal details. Private security guards do not have any police powers, nor do they have any powers to view or delete images or confiscate equipment unless they call the police if I really do anything inappropriate.' They’ll probably take it as a “misdemeanor, which is a less serious crime, often punishable by a year or less in a county jail. Public drunkenness, driving without a license, and simple possession of a single marijuana cigarette are considered misdemeanors in many states.” If a police asks personal details they should have a ‘reasonable suspicion that you are involved in terrorist activities, they have no powers to take your details, look at your photos or to confiscate your camera. However, failing to cooperate with the police when questioned may lead to a charge of obstruction. Cooperation and politeness are the most efficacious ways of dealing with police enquiries.’(Online)                                                                                                                       

                                               

4. Rule of law

4.Rule of law -- a concise summary of the main precedent established. Support with quotes from the book    
   

So I will directly describe the precedent with the question and answers since that’s what mostly came out of the whole conversation. I called Kaleb Anderson at 4:30 p.m. since that is the time of his availability. When we spoke I simply introduced myself. I said to Bro. Kaleb Anderson, “How are you? “My name is Louven Misalucha, I attend the Art Institute down in Henderson and my major is in photography. I have a few questions to ask. This will be for my final project in my Business, Contracts, and Copyrights class.” We breezed thru the questions quite easily actually.I thought it would take long since I had 10 questions but it did go pretty quickly. It took us less than an hour. There are questions he wasn’t able to answer for he didn’t know specifics in photography. Questions like, 'can I sell or publish photographs taken on public land?' Since he doesn’t know how to answer all the questions I researched some more on-line. The answer I found was a ‘yes.’ “You are within your rights to use images editorially, in a book, on a website or in an exhibition. However, if a person is recognizable and you use their picture or that of a privately owned building without their permission to endorse a product such as in an advertising campaign, this could result in legal action.”(online)“Intrusion into someone's private life is a tort if a reasonable person would find it offensive. Peeping through someone's windows or wiretapping his telephone is obvious examples of intrusion.” (Samuelson, Page 85) If these do fall into legal actions I have to be careful. People might think you’ve committed a crime but in hope it’s only a tort. Like commercial exploitation. “Commercial exploitation prohibits the unauthorized use of another person's likeness or voice for commercial purposes.  For example, it would be illegal to run a magazine ad showing actress Keira Knightley holding a can of soda, without her permission."(Samuelson, Page 85).I definitely have to be careful where I am doing a shoot. One of the questions that interested me yet gave a bit of humor was about the monkey that steals the photographer’s camera and takes a bunch of pictures with it and there were some actual good shots taken. The photographer would want it published. What’s his position and who owns the rights to the pictures since he’s not the actual author? Lawyer says photographer can definitely claim it if no one else (a person) else claims it. What about “the holder of a copyright owns the particular expression of an idea, but not the underlying idea or method of operation?” Again he says it pertains as we know of to an individual only.

3. Reasoning of the Law

3.Reasoning of the Law -- analysis of the thinking process and logic used by your lawyer

I'll start with question 1 that states: I was contacted by a client and asked if I would photograph her wedding. Do I need a business license even if I’m only doing photography as a hobby and not as a business? The lawyer says there is no need of a business license. He says it’s no problem to take pictures since it’s only a hobby, but if you start having more people go to you and you earn a reasonably bigger amount of money then you should consider having a business license because the bank or the government will know. More examples like If you place money in your bank account and you start getting good profits--  Also it will involve tax changes. Another answer a way the lawyer uses logic is when can I sell photographs I take off private property?(In Example: someone's house and use the image in blank photo notecards or framed enlargements without the owner's permission?) He answered yes, but probably from a distance unless you have gained entry illegally. “You may need permission from the property owners if you intend to use the image to endorse a product. Many institutions such as the National Trust, English Heritage, Disneyland and Graceland that allow ticketed access to the public make it a condition of entry that photographs may be taken, but may not be used for commercial gain of any kind.” We don’t exactly know how certain properties can harm the photographer or trespasser and the owners. It is said that, “Lowest Liability: Trespassing Adults. A trespasser is anyone on the property without consent. A landowner is liable to a trespasser only for intentionally injuring him or for some other gross misconduct. The landowner has no liability to a trespasser for mere negligence…”(Samuelson, Page 94)Sometimes it's just better to stay away from private property.

2. The Questions

2.The Questions: Explain why these are of interest to you. What specific concepts and terms were involved – in other words, what are the legal issues?

I really wasn’t so sure as to what questions to ask, so during the EOC to look for ten questions was a great help. I found most of the questions on-line and of course relating to photography.   I typed up, “legal questions for photography.” It took me around an hour to find decent ones and some even a little humorous. Just the process of finding as much as I can and choosing 10 that may suit my needs would be efficient. The legal issues that are involved includes, dealing with contracts, privacy or public use, an unusual yet something to think about intellectual rights, when certain authorities ask questions, and dealing with people’s emotions or what they think is right or wrong. In example the 9^th question I had says about using the picture someone’s child for commercial and the photographer refuses to take the picture down. This is where contracts need to be done and read properly. “Business people sometimes deliberately choose vagueness. They do not want the terms of the contract to be clear. It may be that they are not sure what they can get from the other side, or in some cases, even what they really want. So they try to form a contract that leaves their options open. However, as the following case illustrates: vagueness is your enemy.”(Samuelson, Page 209) This situation should have been discussed and thoroughly gone over with both the photographer and client. Contracts should also be looked over more than twice with someone else just in case. It’s like writing a paper for class yet there was no proof read— your message might not come across right.

1. Legal Authority

       1. Legal Authority: How I made contact, found this person and why they are a good choice.

        “Lawyers have a different perspective—their primary goal is to protect their clients by avoiding litigation, now and in the future. For this reason, lawyers are trained to be pessimists—they try to foresee and protect against everything that can possibly go wrong.”(Samuelson, Page 2018) I thought at first, interview a lawyer! How can I find one not busy enough to answer a few questions, moreover, someone who’s not going to charge me? It has to be done. At first I was dreading the time I looked for a long list of lawyers in Vegas. I was to look for not just ten questions but also ten lawyers for my business class. My teacher said not to overthink it. He assured us that there are a lot of Las Vegas lawyers, so all we had to do is start calling. One we get the one who is available, the questions will be easy to ask. I didn’t think the lawyers would be up to meeting me less I really have some business going. It then came to me that I’m sure we have good lawyers in church. It would be easier to talk with a church member since we already have something in common and well they’re nice people. Our ward missionary leader at church, Brother Martell has his own business and I’m sure he should at least know a few lawyers. It would definitely be better if they were church members so it’s easier to communicate. Since my calling is also a ward missionary it was easy for me to ask Brother Martell for any contacts. Brother Martell knew two attorneys in my ward and lastly he thought of recommending Kaleb Anderson. Anderson is in his homeward in church. They are good friends so it was amazing that he immediately knew to contact him. I got his number and Bro. Martell let him know I am to call him the next week after I get my questions down. I found most of the questions on-line and of course relating to photography. I typed up, “legal questions for photography.” It took me around an hour to find decent ones and some even a little humorous. The next week came and once I got my questions ready, I called him Friday the 22nd.

Week 8 EOC Brats Brawls

Louven Misalucha

Nov. 22, 2013                           

Research on Mattel & Brats (laws)

Spying?  Going under cover! Secretly attaining information on highly known product? Yes, on a child’s toy . . . Barbie. Again another re-match fight between Mattel Inc. and MGA Entertainment arises. Dealing with intellectual rights can be a tough one since it is behind ones idea, dreams coming true, and I’m sure from the very beginning, a lot of emotional attachment. It can surely lead to anger and frustration when you find out someone stole your ideas and secrets that made you successful. “Mattel alleges that MGA stole trade secrets by encouraging Mattel employees from Mexico, Canada and the U.S. to download Mattel documents before coming to work at MGA, according to court documents.” They have claimed many more from someone going the borders of going incognito and it’s just non-stop. They keep finding more evidences as they say. So with all that going on, “while the jury awarded Mattel $31,500 for MGA's illegal conversion of its property and found MGA concealed the fraud, jurors rejected Mattel's claim of willful infringement and its request for punitive damages.” Finally, Mattel wins $100 million in this Bratz Brawl— well; at least we hope it’s finally over. “The verdict was overturned on appeal, however, and a second jury last year found in favor of MGA on the copyright issue.”(2012) I have owed Barbie dolls and Bratz dolls when I was a child but never new of such schemes behind them. What can we really do about that? Well, all I can say that I don’t think this issue would affect consumers who buy their products. Barbie will forever be a girl’s toy. It’s a classic. Not sure much of Bratz future, but style wise I did prefer Bratz once it came out.

http://www.chinadaily.com.cn/cndy/2008-08/28/content_6976700.htm

http://www.imediaconnection.com/news/15951.asp

http://usatoday30.usatoday.com/money/industries/manufacturing/story/2012-03-01/mattel-bratz-dolls-mga-appeal/53317986/1

Week 8: 10 Questions

Week 8_10 Questions to ask lawyer:

(Legal questions for to Photographers)

1. I was contacted by someone and asked if I would photograph her wedding.  I just want to know if I need a business license. I do photography as a hobby, not as a business.

2. Dealing with the issue of sales tax when discussing pricing options with your clients. Do you give them your package rates and let them know that __% sales tax will be added onto the final cost (assuming that the final product will be delivered in the same state your business operates in)? Or do you build the sales tax into the rates you discuss with your clients? Does it depend on the state?

3. Q: Can I photograph people and places as long as I am standing on public property?

4. Can I sell/publish photographs taken on public land?

5.  Can I sell photographs I take of private property?                                                                                     (Is it legal to take a picture of someone's house and use the image in blank photo note cards or framed enlargements without the owner's permission?)

 6. When asked by private security staff am I required to give my personal details?

 7.  When asked by the Police, am I required to give my personal details?

 8. Interesting question: Let’s say I’m out in the jungle and a monkey steals my camera and takes a bunch of pictures with it (there were some actual good shots too) Who (if anyone) owns the rights to the pictures?

9. Can a photographer use pictures of my baby to advertise without my consent?                                           (The photographer we used for our newborn baby shoot is using pictures of my infant daughter (without clothes on) to advertise with. I asked her to take the photos down, she refuses. What are my rights?)

10. Can I sell & or just present in an art gallery images of my child that is partially nude?                     Meaning very avant-garde/eclectic, making them look like living dolls, sometimes covered in moss or fairytale like designs, make it look dated(black & white/Sepia) something odd.

Week 7 EOC; Lawyer

Louven Misalucha 11/14/13

BUS250A Week 7 EOC; Lawyer Las Vegas Law Office

 http://lawyers.findlaw.com/lawyer/statepractice/nevada/las-vegas

Ø  Bowler Dixon & Twitchell LLP           

3137 East Warm Springs Road, Suite 100 Las Vegas, Nevada 89120

Phone: 702-425-5671   Toll Free: 877-705-4723

Ø  Flangas McMillan Law Group

3275 South Jones Blvd., Suite 105 Las Vegas, NV   89146  (702) 307-9500                                            > The Bach Law Firm, LLC

6053 S. Fort Apache Road, Suite 130 Las Vegas, NV 89148

Phone: 702-925-8787

Ø  Kajioka & Bloomfield,

8530 W. Charleston Blvd. Suite 100 Las Vegas, NV 89117                                                                      Phone: 702-530-7927 Toll free: 800-379-6957

http://www.mcdonaldcarano.com/attorney_detail.cfm?AID=38

Ø  Cody Noble

cnoble@mcwlaw.com   Phone 702-873-4100 

Business Entities & Transactions; Tax Law; Trust & Estates

Ø  Scott Swain

sswain@mcwlaw.com   Phone 702-873-4100

Ø  Thomas Wilson

twilson@mcwlaw.com  Phone 775-788-2000

Ø  George F. Ogilvie III

gogilvie@mcwlaw.com  Phone 702-873-4100

Ø  John Frankovich

jfrankovich@mcwlaw.com          Phone 775-788-2000

Ø  Kathleen Drakulich

kdrakulich@mcwlaw.com            Phone 775-788-2000