The Sidebar - 2015-09-22

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Steve Melnikoff

8:50 AM

Continuing the discussion from here: law.stackexchange.com/a/3851/276

Re rent: under an assured shorthold tenancy, if the tenant is still present when the fixed term ends, the tenancy automatically becomes a statutory periodic tenancy. The tenant must still pay the rent, and the landlord is entitled to keep it.

None of this has any bearing on a Section 21 notice, as the judge's role is purely to determine whether or not the landlord has followed the correct procedure.

Re time: I don't have personal experience of this; but from reading around the subject, it seems that we're talking weeks rather than months. This may be because the tenant will already have h…

More info: england.shelter.org.uk/get_advice/private_renting/…

More info about eviction under a Section 21 notice: england.shelter.org.uk/get_advice/eviction/…

3 hours later…

11:59 AM

Sorry i was in bed. I'm in New England US

Hmm, while you're here, does this user's arguments hold water?

4

Q: Can a cop direct a pharmacist to fill a known fraudulent prescription in order to convict a subject of a higher crime?

If cops are responding to a known fraudulent prescription, ask the pharmacist to stall the subject until they arrive so they can arrest the subject, but, instead of making the arrest, direct the pharmacist to fill the known fraudulent prescription in order to arrest the subject for a higher crime...

united-states rights florida sentencing

Just hoping I'm not massively off-point with it; entrapment isn't a substantive defence in Australia.

Let me look

No

The police can use civilians, but they cannot force the pharmacist to do that - it says "direct" which connotes requisite.

They can ask the pharmacist to fill it, because it

is an increased charge

Interesting.

but he cannot be directed to and can say no

Ah, right.

12:10 PM

It would also be against the law for the pharmasist to do that

whoops...pharmacist

Hmm.

but again, they can use civilians and it's not entrapment b/c that is what he set out to do

I would find it hard to believe it ever happened thou

though

I doubt it.

lol

So to clarify: the police could ask them to do it, but the pharmacist can refuse. But if the pharmacist did not refuse, it would not be entrapment?

12:12 PM

Correct

entrapment is only when you entice someone into committing a crime they would not otherwise have committed

So the very technical answer to the question is "No", because of the nature of the wording. Wow.

Yep

I suspect that the asker is pushing a certain agenda, though.

I agree

I see that a lot

or enough

Judging by the last line of their question, too :P

12:13 PM

I have worked with the cops both defending them and against, and they don't typically do things like that

whats the other

i missed it

> This law in general is making something that is unfair legal and should be revisited by congress

Sadly, "fair" isn't always "legal".

The question alternates its wording.

Right. For sure. and I mean, it's possible a cop would ask. And it's also possible a pharmacist would do it if they are filling bad scripts and taking flak from the DEA

The title says "direct", but the question body says "ask"

Yeah i just noticed that

So, it could be

It is also unclear on whether the pharmacist knows that it is a fradulent script or not.

12:16 PM

No, i think from the question the pharmacist must know....

because how would they take the request from the cop otherswise

and they were asked to keep him htere

Maybe.

They could just say that he's a person of interest.

And ask them to complete the transaction as usual.

Cops do ask to stall all the time ( bad check cases this happens a lot)

Yeah.

I suppose it depends on whether the culture is such that asking to stall is enough to signal to the pharmacist that they're going to be presented a fraudulent script.

IMO it could be for any number of reasons... but that's just my intuition.

Its sort of like when a cop poses as a prostitute....its not entrapment because the "perpetrator" asks to have the conspiracy begin with the original soliciitation

I read it like the pharacist xcalled

said 'responding to a..."

Could be.

12:19 PM

so i took that to mean the pharma called cops with suspecting it was a bad script

the question isn't very clear

whats the other question they wrote?

It was clarified in comments somewhere...

other question?

No, I think it's just the one - they've asked and answered their question.

Oh, I thought you said something like based on prior questions

Their only question, and answer.

ohhh

yeah, that is always seemingly bizarre

to me, you should be seeking an answer before asking

There's some comments on jqning's answer that fill out the situation a bit more.

@Dave the felony crime of attempt to obtain a prescription by fraud is already committed when the prescription is either verbally phoned or written and confirmed to be invalid by calling the doctor's office, and especially when the subject is there trying to pick it up. The second crime is possession or trafficking which can only occur in a pharmacy by mistakenly giving drugs out and subject busted later or knowingly dispensing a fraudulent prescription. The question is can a cop ask a pharmacist to do that? This may have been planned between cop and pharmacist before he arrived. I don't know — Breakskater Sep 15 at 3:44

12:21 PM

I'll have to look at the thread. I just looked at the excerp you put on

Maybe not, it seems like even the OP hasn't defined the parameters of the scenario :P

yeah, bizaree

bizarre

i'm dyslexic this morning

Eh, morning keyboard troubles

not enough coffee

I'm not a coffee drinker - not for wakefulness, anyway. I drink it because I like it, but very rarely.

12:24 PM

I am both...wake up and a lover of it...so i tend to have too much

You must be getting ready for bed

Yup.

I stay up too late and wake too early!

lol

Yeah, I tend to do that, too.

8 hours later…

8:35 PM

Hi

Hello.

I am a new user .

My English isn't as good as you

please help me with that

Oh, okay.

I am from Iran

Have you been to the room for English Language Learners?

ELL's Cabin

This is the former main chat room for English Language Learner...

8:37 PM

Yes, I have

you know . I go there to learn more

I like English a lot

My major is Law

Ah, right, I see :)

I would like to write an article

I need you as student of law

Oh, okay. What are you writing it on?

you know. I have never written an article before.I am learning how to write . My meaning is that the format of an article

I would like to put a same case of law into two different system of law

I think you're country governs by common law

am i right

Yes.

8:42 PM

I want to see how common law deals with that case

Do you get what I mean ?

I want to see the result

Okay, so do you need help with how to write the article - what form the article should take?

your country governs by common law and for sure have different action

Or do you need help with research - what information you need for the article?

I need not only the format in which two system are compared the way I told you

but also I need some one who helps me to know better common law

and introduce me the Sources of law which is related to the case I am going work on

For example . In my Country there are sources of law that lawyers use to prove what they believe in

in the courtroom

and nothing can be accepted expect those sources. they tell us what kind of right we have

Criminal law

we have something that allows people who are attacked to defend themselves

I would like to work on that

Okay, so in common law countries, the main source of law is past cases.

8:52 PM

Self-defense

I know

I read about it

you mean what Judges has decided throughout the time

Yes.

So there are other doctrines that allow for defense - the Castle Doctrine, Stand Your Ground laws.

doctrines are the ideas of those who are expert in law

am i right ?

they try to find better way to deal with different cases

They are... the principles that have been upheld throughout time, either by judgements or by laws.

well. Do you think I could write an article ?

I know about the system of law of my country

You could write an article that compares the principles which allow people who are attacked to defend themselves in different systems of law.

8:58 PM

Yes

that I want to write

It's probably best to select a specific common law jurisdiction to start with, so you can avoid disagreements between different jurisdictions.

but what it takes

yes. You are absolutely right you can give me the right direction

jurisdiction. I should first know which court has the jurisdiction of that case to give sentence

in my country there are criminal courts which have the jurisdiction to give sentence

could you tell me what it takes to write about common law

when I want to write about specific case

you are the only person who has helped me so far

You should research the case - there is a resources list somewhere.

4

Q: Online Legal References

This thread is for legal references that may be most helpful and/or authoritative in addressing legal questions that arise on this site.

discussion faq references

I don't have time right now to go through how to use all of these sites, but if there is one for the a specific case you're interested in, there should be usage guidance on the site.

Could you help me with that . I am not going to take your time. I would like to limit it

I see

so when you will be back ?

I think you can help me more

I don't want to sound unwelcoming, but I'm not going to do your research for you.

9:08 PM

It would be kind of you help me with that

no

not at all

In that case, you need to be more specific with what you need help with.

you know my English isn't good enough

those sources of law might be hard for me

to understand well

they are formal English

Okay, so which case do you need help understanding?

Or what kind of case are you interested in looking for?

I am not sure yet but I would like to work on Criminal case

I am limiting the case

Cause I dont want to write the long one

a 10 page article

I want to know that

if you could help me ?

cause your major is law

you are from that country

Okay, but criminal law is too large. What kind of crime? What part of criminal law?

9:13 PM

Self-defense

In which country?

when Law let people defense themselves in danger

your country

Australia

and whatsoever happens to attacker

he can not take action against people who have defensed themselves

I am doing the part related to my country

I need the acceptable format of article and need to know about your country

would you help me with that ?

I should get going .you have helped me a lot . but I do need your help not to do my research

I have to sleep its late here . I hope that . I will see you soon

bye

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