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Comment: Re:TFA says that they can apply for relief (Score 1) 557

by coinreturn (#44041545) Attached to: Canadian Couple Charged $5k For Finding 400-Year-Old Skeleton
I never had any intention of baiting anyone into looking up the rules in the places I've lived. I was just stating what the rules (as they were applied) were in the places I've lived as a counterpoint to a claim that the "North American way" was to make the homeowner pay for sidewalk repairs. I understand skepticism when reading claims on the interwebs, but really why would someone lie about such a trivial observation in a small sample of places? It seemed awfully unusual to me for such a minor point to argued so heavily.

Comment: Re:TFA says that they can apply for relief (Score 1) 557

by coinreturn (#44040599) Attached to: Canadian Couple Charged $5k For Finding 400-Year-Old Skeleton
No, it's how far you're going to disprove my point. My point was always about SIDEWALK REPAIR as practically enforced in the USA in my experience (as said multiple times above). And yet you try to "dispute" my point by changing what I'm saying. Just keep right on justifying yourself, because someone with your outsized ego must surely realize that an outsized ego is a negative quality and must therefore argue that they don't have one. Have a nice day.

Comment: Re:wtf (Score 1) 590

by coinreturn (#44038595) Attached to: Supreme Court Decides Your Silence May Be Used Against You

So if you want a shot at lawsuit lotto and don't mind risking your life there ya go, just be a long hair with a black in your car in MS,AL,GA,or WV and see how far your ass gets before you see flashing lights, you can bet your last buck it sure as fuck won't be very far, they don't cotton no salt and pepper friendships down there..

I have long hair and was pulled over in WV for having no lights on my trailer. The officer was genuinely concerned that someone could rear-end me. He did not cite or warn me. He recommended me using my hazard lights (one brake light was working) until I got home (non-WV plates on car and trailer). Granted, I was with my white daughter, but still the long hair evoked nothing.

Comment: Re:TFA says that they can apply for relief (Score 1) 557

by coinreturn (#44038353) Attached to: Canadian Couple Charged $5k For Finding 400-Year-Old Skeleton

If you look back to the top of the thread (poster: Trepidity), his claim was that the "North American" approach was that "the property owner is responsible for maintaining a sidewalk in front of their house." That was what I was responding to. "Anything" meant "anything in maintaining." And please don't respond and say that shoveling snow is maintaining unless your ego requires you to always be right.

Perhaps it is state law in CA, but in practice the cities I've lived in there (Anaheim, Santa Ana, Orange) have always done the repair work and have never asked me for compensation (other than the same tax rate all property owners pay). I think the state law is purely for liability purposes when someone trips and falls in front of your house.

Comment: Re:TFA says that they can apply for relief (Score 1) 557

by coinreturn (#44037727) Attached to: Canadian Couple Charged $5k For Finding 400-Year-Old Skeleton

I live in a small rural town, with maybe 500 yards of sidewalk. About half of it is between and near the school, library, and town hall. The town does indeed run a tiny snowplow to clear all the sidewalks - it's a question of safety and efficiency; it would be a bit foolish to insist everyone with a 50 foot frontage keep their own portion clean.

I'm impressed. Every city I've ever lived in required the homeowners to clear their own walks. I guess in a town of only 500 yards of sidewalk, the town can easily do the job.

Comment: Re:That's all real nice (Score 1) 407

You fail to understand my point. Interpretation of the Constitution happens through the courts. Court rulings are legal OPINIONS. The only legal OPINION that matters (in terms of its effects) is that of the courts, and ultimately SCOTUS. Anyone can say something is unconstitutional IN THEIR OPINION. But that doesn't make it so. Only a ruling by the courts actually makes it unconstitutional.
The Courts

Supreme Court Decides Your Silence May Be Used Against You 590

Posted by Unknown Lamer
from the should-have-just-left dept.
crackspackle writes "The Supreme Court ruled in favor of the State of Texas earlier today in a murder trial where the defendant, prior to be taken into custody, had been questioned by the police and chose to remain silent on key questions. This fact was bought up at trial and used to convict him. Most of us have seen at least enough cop shows to know police must read a suspect their Miranda rights when placing them in custody. The issue was a bit murkier here in that the defendant had not yet been detained and while we all probably thought the freedom from self-incrimination was an implicit right as stated in the Constitution, apparently SCOTUS now thinks you have to claim that right or at least be properly mirandized first." It appears that if you are "free to leave at any time" you lose a few rights. Fancy trick, up there with getting kids to write apology letters.

Comment: Re:That's all real nice (Score 1) 407

Of course I can.

I was not referring to your ability to say it.

Whether or not something is constitutional is a matter of opinion, not fact.

1 + 1 = 3, you say? Ridiculous.

And only the courts' opinion matters.

Subjective.

Oh, pedantic much? Effectively, only the courts' opinions matter, because random Internet guy cannot do anything about the fact that his opinion is that a law is unconstitutional.

Comment: Re:TFA says that they can apply for relief (Score 1) 557

by coinreturn (#44031767) Attached to: Canadian Couple Charged $5k For Finding 400-Year-Old Skeleton

you completely missed the point, even though you just refuted your own point.

I did no such thing. Re-read and comprehend. The sidewalk repair (where I've lived) is not the homeowner's responsibility. The city takes care of it. All city homeowners pay taxes that fund the sidewalk repair. It is not the homeowner's individual responsibility or sole cost.

Comment: Re:That's all real nice (Score 1) 407

The only opinion that matters is that of the courts (with the Supreme Court getting the last say, if they choose to).

That's subjective.

An action or law is not unconstitutional until judged to be so.

Ridiculous. A law is unconstitutional if it violates the constitution.

The only thing to be said here is that, in practice, what the courts say has the most impact. You cannot say that something can not be considered unconstitutional just because some judges haven't declared it to be so.

Of course I can. It is effectively how it works. Whether or not something is constitutional is a matter of opinion, not fact. And only the courts' opinion matters.

"Plastic gun. Ingenious. More coffee, please." -- The Phantom comics

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