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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/…

gracey209

11:59 AM

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

jimsug

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...

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

gracey209

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

jimsug

Interesting.

gracey209

but he cannot be directed to and can say no

jimsug

Ah, right.

gracey209

12:10 PM

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

whoops...pharmacist

jimsug

Hmm.

gracey209

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

jimsug

I doubt it.

gracey209

lol

jimsug

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?

gracey209

12:12 PM

Correct

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

jimsug

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

gracey209

Yep

jimsug

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

gracey209

I agree

I see that a lot

or enough

jimsug

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

gracey209

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

jimsug

> 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.

gracey209

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

jimsug

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

gracey209

Yeah i just noticed that

So, it could be

jimsug

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

gracey209

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

jimsug

Maybe.

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

And ask them to complete the transaction as usual.

gracey209

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

jimsug

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.

gracey209

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..."

jimsug

Could be.

gracey209

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?

jimsug

It was clarified in comments somewhere...

ELL's Cabin

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

PMX128

8:37 PM

Yes, I have

you know . I go there to learn more

I like English a lot

My major is Law

jimsug

Ah, right, I see :)

PMX128

I would like to write an article

I need you as student of law

jimsug

Oh, okay. What are you writing it on?

PMX128

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

jimsug

Yes.

PMX128

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

jimsug

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

PMX128

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

jimsug

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

PMX128

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

jimsug

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

PMX128

8:52 PM

Self-defense

I know

I read about it

you mean what Judges has decided throughout the time

jimsug

Yes.

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

PMX128

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

jimsug

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

PMX128

well. Do you think I could write an article ?

I know about the system of law of my country

jimsug

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

PMX128

8:58 PM

Yes

that I want to write

jimsug

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

PMX128

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

jimsug

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.

PMX128

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

jimsug

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

PMX128

9:08 PM

It would be kind of you help me with that

no

not at all

jimsug

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

PMX128

you know my English isn't good enough

those sources of law might be hard for me

to understand well

they are formal English

jimsug

Okay, so which case do you need help understanding?

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

PMX128

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

jimsug

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

PMX128

9:13 PM

Self-defense

jimsug

In which country?

PMX128

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

ELL's Cabin

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