【J】【u】【s】【t】【Z】

  • 2 Posts
  • 485 Comments
Joined 1 year ago
cake
Cake day: June 12th, 2023

help-circle




  • This is not an area of law I stay up to date on, but that did not used to be the case. Is that a rather new development?

    Last I knew most courts were holding that since customers are sharing this information with third parties (sharing with their phone companies, Apple and Google, Facebook, etc.), giving everything away anyway, most individuals have waived any claim to an expectation of privacy. The right to privacy is founded upon reasonable expectations. I did hear about some pushback on that, more recently, but not from the Court of Appeals from DC, which has jurisdiction over appeals taken from federal agencies, prior to the Supreme Court. I’d be grateful to be shown otherwise. About time, if true.









  • When I used to work in a prosecutor’s office, in a situation like this where the person has a clean record and comes in for an expired license, as long as you renewed the license before your court date, we would just dismiss the charges as long as you’re respectful of the court and the process. Dress well. If court opens at 9:00 a.m., get there at 8:30 a.m.

    You will see defense attorneys milling about. You could ask one of them where to go to talk to a prosecutor. Usually prosecutors would start calling cases at 8:30 a.m. to make deals and see what defenses people are going to raise before the judge began calling the docket.

    Just talk about how squeaky clean your record is and how you didn’t know your license was expired, how you went and got it renewed as soon as you found out, and you’d appreciate it if they’d dropped on your promise never to meet again.

    I assume this is not for a trial appearance. This is a preliminary proceeding. Procedure may be completely different in your state.

    I am not your lawyer.





  • UCC § 3-104. NEGOTIABLE INSTRUMENT.

    (a) Except as provided in subsections © and (d), “negotiable instrument” means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

    (1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

    (2) is payable on demand or at a definite time; and

    (3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

    (b) “Instrument” means a negotiable instrument.

    © An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of “check” in subsection (f) is a negotiable instrument and a check.

    (d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.

    (e) An instrument is a “note” if it is a promise and is a “draft” if it is an order. If an instrument falls within the definition of both “note” and “draft,” a person entitled to enforce the instrument may treat it as either.

    (f) “Check” means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order.”

    (g) “Cashier’s check” means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

    (h) “Teller’s check” means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.

    (i) “Traveler’s check” means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term “traveler’s check” or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

    (j) “Certificate of deposit” means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

    Emphasis on sub section (a)(3).