Post by Fatal Rewind on Sept 23, 2007 22:15:36 GMT -5
Not that I'm a legal expert or anything, but just thought I'd dispel several legal urban legends that I've heard go around for years and the verdict (pardon the pun). A lot of laws also vary by state as well (New York has "Murder 1" and "Murder 2" [or 3 and 4 for all I know], whereas the state of Texas only has "Murder", for instance).
1. "If someone's breaking into your house, you shoot them, and they fall out the window, you have to drag them back in or else you can have criminal charges filed against you and/or be sued." Probably false.
There's a few ways to look at this, and they're probably all false. One of which is in regards to Trespassing, which I doubt anyone's property line ends right outside a window. So there goes that one.
Another one is in regards to Lethal Force law as well: if the person who's climbing into the window is a) Trespassing and b) has a gun, you probably have the right to shoot him, depending on what the laws of your state allows: I know that here in the state of Texas you can use whatever force to protect yourself in a situation like this...as long as the person is still a threat to you. If they turn around and start running and you shoot them, that goes from "Self-Defense" to "Attempted Murder" then.
2. "If you're renting a place to live and they won't fix your broken air conditioner (or insert any other appliance), then you don't have to pay rent." False.
No matter how much living in a place may become a living hell, there are still rules and/or laws to follow, especially since most states define air conditioning as a "luxury item" (except for any place in the South, then it's "mandatory"!). Again, this probably varies by state, but again, in Texas you must make a request in writing to the landlord/leasing agent/whatever, send it by certified mail, and request ample time to get it fixed...like 30 days. If repairs are not done by then, you can then legally break your lease...but you still have to pay rent in the meantime.
3. "If two people are living together for years, what they own is dividable by 50/50 by Commonlaw Marriage if they break up." Again, probably false.
This might vary by state; Texas hasn't recognized Commonlaw Marriage since 1969 (I think). This especially doesn't abode for joint checking accounts either; either person can deposit or withdraw whatever amount they desire, and no bank in their right minds (in the entire COUNTRY) would draw limits as to who can do what and why; the only thing they care about is you pay your fees, especially if you go overdrawn. So don't ever have a joint checking account, kids...judges won't give a rat's ass if anything happens to them and you try to bring it up in court (should you end up there), it won't work.
Anyway, any others you can think up, feel free to post them here.
1. "If someone's breaking into your house, you shoot them, and they fall out the window, you have to drag them back in or else you can have criminal charges filed against you and/or be sued." Probably false.
There's a few ways to look at this, and they're probably all false. One of which is in regards to Trespassing, which I doubt anyone's property line ends right outside a window. So there goes that one.
Another one is in regards to Lethal Force law as well: if the person who's climbing into the window is a) Trespassing and b) has a gun, you probably have the right to shoot him, depending on what the laws of your state allows: I know that here in the state of Texas you can use whatever force to protect yourself in a situation like this...as long as the person is still a threat to you. If they turn around and start running and you shoot them, that goes from "Self-Defense" to "Attempted Murder" then.
2. "If you're renting a place to live and they won't fix your broken air conditioner (or insert any other appliance), then you don't have to pay rent." False.
No matter how much living in a place may become a living hell, there are still rules and/or laws to follow, especially since most states define air conditioning as a "luxury item" (except for any place in the South, then it's "mandatory"!). Again, this probably varies by state, but again, in Texas you must make a request in writing to the landlord/leasing agent/whatever, send it by certified mail, and request ample time to get it fixed...like 30 days. If repairs are not done by then, you can then legally break your lease...but you still have to pay rent in the meantime.
3. "If two people are living together for years, what they own is dividable by 50/50 by Commonlaw Marriage if they break up." Again, probably false.
This might vary by state; Texas hasn't recognized Commonlaw Marriage since 1969 (I think). This especially doesn't abode for joint checking accounts either; either person can deposit or withdraw whatever amount they desire, and no bank in their right minds (in the entire COUNTRY) would draw limits as to who can do what and why; the only thing they care about is you pay your fees, especially if you go overdrawn. So don't ever have a joint checking account, kids...judges won't give a rat's ass if anything happens to them and you try to bring it up in court (should you end up there), it won't work.
Anyway, any others you can think up, feel free to post them here.
