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Caesar44 Since: Oct, 2018
Aug 23rd 2022 at 12:46:42 PM •••

I was recently not allowed to post Artistic License- Law on The Incredibles because, and I quote “ takes place in a alternate universe from ours and applying our laws to their situations is pointless.” My response is that both Marvel and DC also take place in alternate universes as well and yet Civil War (both one and two) and Batman: No Mans Land both have entries of Artistic License as well. So either they can allow me to put artistic license law in the Incredibles or they can give the same treatment to all works of fiction as they also takes place in a alternate universe from ours and applying our laws to their situations is pointless.

SeptimusHeap MOD (Edited uphill both ways)
Mar 20th 2021 at 10:57:31 AM •••

Previous Trope Repair Shop thread: Needs Help, started by Fireblood on Nov 10th 2013 at 12:25:39 AM

"For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled." - Richard Feynman
SeptimusHeap MOD (Edited uphill both ways)
Mar 20th 2021 at 10:28:51 AM •••

Previous Trope Repair Shop thread: Needs Help, started by Discar on Nov 2nd 2014 at 7:45:59 PM

"For a successful technology, reality must take precedence over public relations, for Nature cannot be fooled." - Richard Feynman
Fireblood Since: Jan, 2001
Apr 28th 2020 at 6:18:47 PM •••

If this isn't supposed to be listen on individual pages, why do we have examples here? That seems confusing, and I've seen Artistic License – Law used as a trope on many pages (that should be Hollywood Law). From what I recall it used to just be the index here. Shouldn't the tropes here be moved to Hollywood Law?

Reality is that which, when you stop believing in it, doesn't go away.-Philip K. Dick
marcoasalazarm Since: Jan, 2013
Apr 28th 2017 at 1:44:34 AM •••

I'm sorry, but I seriously think that we should repost the stuff that was there before. Many of those things were pretty good explanations of why the in the hell those Tropes are fictional and there were various items there that had not been made Tropes yet (and probably wouldn't become—at least not with the smaller amount of examples that are around vs. how big the Tropes we currently have are. What IS the minimum number of examples needed for Trope launching, anycase? Five? Yeah, guess there would be coming up short).

at the very least, the stuff that was deleted could be on a folder.

murazrai Since: Jan, 2010
Dec 18th 2013 at 5:54:59 AM •••

"Additionally, you will probably be told you are disinherited for "reasons you are aware of." Putting in their actual reasons would give you an angle to contest it: you could claim that the reason given was false, and they aren't around to defend it."

In case of speculative fiction settings, what happens when the dead people are sent to hell and can be called to the courts whenever they are needed? Would inheritance laws changed to reflect that?

Chalkieperfect Since: Oct, 2010
Sep 29th 2013 at 8:15:02 PM •••

I'm a little unclear on how this differs from Hollywood Law.

Grimace Since: May, 2009
Nov 4th 2010 at 4:17:43 AM •••

Something for the American tropers - I've noticed in a lot of law procedurals, where there is a medical expert giving evidence, the other side when cross-examining will always end their questions with something along the lines of "Who is paying for your appearance today?" or "Have you been paid for today?" etc etc, which is seen as completely scuttling their evidence. Is this actually done, because it seems a bit stupid if so...

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SlatzGrobnik Since: Jan, 2001
Dec 2nd 2010 at 10:09:04 AM •••

Yes, (in general. Different courts have different rules, but you can in Federal court, the rules of which tend to set the tone). Don't necessarily believe in it's effectiveness in real life vs. drama.

Candi Since: Aug, 2012
Dec 6th 2012 at 8:28:03 PM •••

Experts initially can either getting paid (by whichever side) or swap favors with colleagues in various forensic fields, to do or review the tests required to provide evidence. This can range from someone asking for a review of their work, to calling on an specialist in another field.

Part of the way United States law works is that the expert is likely to be called on to explain the evidence on the stand. The test results and reviews can be produced and entered into evidence, but they need to be explained to the judge and jury. The forensic specialists can do that best. In some jurisdictions, only an expert is permitted to explain the evidence on the stand. Educated, knowledgeable 'amateurs', like Mona Lisa Vito in My Cousin Vinny, generally won't be allowed on the stand in that capacity.

There's also the fun of both sides dragging in experts to back up their side of the story or demolish the other side's evidence. In that case, that particular person's reliability regarding professionalism vs money vs reputation can and should be called on. It's one of those cases of a few bad apples in a big old barrel, making the rest look bad. :(

Coming back to where you started is not the same as never leaving. -Terry Pratchett
Alvin Since: Feb, 2012
Mar 20th 2013 at 11:16:23 PM •••

I believe I read somewhere that lawyer Clarence Darrow invented or popularized that line of questioning. It's a bit of a Morton's Fork , because someone testifying for nothing could be seen as having an agenda.

Chalkieperfect Since: Oct, 2010
Sep 29th 2013 at 8:10:44 PM •••

In the United States in general, it is illegal to pay a witness for testifying unless the witness is an expert. The court will pay a witness a small stipend ($40 in federal court) plus travel expenses, but a party cannot hire a non-expert to testify.

The reason for this is that non-expert witnesses ("fact witnesses") are only permitted to testify according to their own personal knowledge. Experts, on the other hand, are people who have no personal connection to the case whatsoever, and who are hired by the parties to analyze information and give an expert opinion. This is a professional service, for which they are entitled to payment.

Of course, since the party is paying the expert, the appearance of bias is unavoidable. I doubt that the jury is really surprised to hear the expert is being paid, and certainly this alone is unlikely to scuttle anyone's testimony.

Jaqen Citizen Since: Nov, 2012
Citizen
Jun 28th 2013 at 6:36:31 PM •••

http://forum.nationstates.net/viewtopic.php?f=20&t=248894

is alleged to be racist because in the Police line up, "All the Suspects are Black."

The whole point of an Identity Parade is ONE Suspect amidst Innocent Citizens who vaguely LOOK like the Suspect,

What if there were no hypothetical questions? There are 10 kinds of people: those who understand Binary and those who don't.
Candi Sorcerer in training Since: Aug, 2012
Sorcerer in training
Dec 6th 2012 at 8:34:01 PM •••

An interesting case of how 'Not Proven' works in practice is the old case of Madeleine Smith. All the circumstantial evidence pointing to her being the likely one to have murdered her love, but no one could prove absolutely that it was her hand that dosed him. The series Crimes and Punishments interpreted 'Not Proven' as (paraphrased): "We're pretty sure she did it, but no one can absolutely prove she did it, so in the interest of benefit of the doubt, we'll say she probably didn't do it." A little like how 'reasonable doubt' will result in a 'Not Guilty' verdict; they just have a different way of handling it.

Coming back to where you started is not the same as never leaving. -Terry Pratchett
Tifforo Since: Jul, 2010
Sep 22nd 2011 at 1:03:43 PM •••

I think we need to clean up the Eagleland Osmosis section of this article. The reason is that there are people who point out imaginary differences. One common reason for this is that for an American fictional work will portray the law in a certain way that does not accurately reflect the law in any country, but an editor will assume that the way the law is portrayed matches the U.S. In order to point out how the law in a fictional work compares to U.S. law and law in other countries, it is necessary to properly understand:

  • 1. The way the law works in the U.S.
  • 2. The way the law works in the country being compared to, and
  • 3. The way the law works in the fiction being described.

71.75.236.239 Since: Dec, 1969
Mar 15th 2011 at 5:19:40 PM •••

can we get a Laconic for all of the examples, this troper thinks that this is one trope that could really use it

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