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Author Topic: Strange situation  (Read 432 times)

marcus-aurelius

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Strange situation
« on: November 24, 2010, 06:49:13 PM »
So as for the veracity of all these details, I am unsure.  I am going by what a friend told me.

Theoretically, last night, he received a call from his girlfriend saying she was about to get in a fight.  Mr. White Knight decided to head to the bar to pick her up.  When he got there, she was yelling.  According to him, he stood in front  if her to prevent her from going after another girl.  At this time, a bouncer came over, physically picked him up and threw him out the door (hearing stories like this make me glad I am an atheltic 200lbs).  He was left with a black eye and some bruises.  He asked me if the bouncer was within his legal rights to do so.  I said I think the bouncer overstepped in his zeal to physically remove him.  Thoughts

bigs5068

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Re: Strange situation
« Reply #1 on: November 25, 2010, 01:20:34 AM »
I think the bouncer is probably ok. The bouncer could claim defense of property, self defense, defense of others and a number of other things I vaguely remember from Torts & Criminal Law. I imagine the girls & the white knight as you call him were intoxicated and a judge is unlikely to side with the people that were drunk.  It also sounds like the White Knight went into a situation knowing that a dramatic scene was about to unfold. Based on that you could argue he assumed the risk although that is a stretch.

In all honesty though it seems like the guy went in looking for drama & a fight and that is what he got. The bouncer threw him and did nothing else. If he threw him then beat the living hell out of him it would be different.  From the facts given it seems like the bouncer acted reasonably.  As a bouncer he has a responsibility to keep things under control and he used his judgment to conclude that this guy could be a danger to himself and others in the bar.  The action the bouncer took seems appropriate and a judge will generally side with the bouncer/cop opposed to a bar patron. Again, if the bouncer threw him and then started beating the hell out of him then it would go to far. Throwing him out when he came in looking for a fight seems o.k. It could have been handled better, but if you go into a bar knowing a fight is brewing you have to expect some consequences.

BikePilot

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Re: Strange situation
« Reply #2 on: November 25, 2010, 12:04:51 PM »
I'd also guess the bouncer is ok, thogh I've no expertise in the area and don't know (and probably am not qualfied) the jurisdiction - in any event it sure as heck isn't worth litigating imho.  Tell your friend to grow up.
HLS 2010

marcus-aurelius

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Re: Strange situation
« Reply #3 on: November 25, 2010, 12:06:26 PM »
That is prety much what I told him.  I'm assuming this "you are going to law school so you can help me" only gets worse once you are in law school aand beyond?

BikePilot

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Re: Strange situation
« Reply #4 on: November 25, 2010, 12:08:07 PM »
Mabye, hasn't been to bad for me.  I just tell them, not bared in x-state can't help and/or I'm a corporate x-type lawyer, see me when you have x-type problem.
HLS 2010

marcus-aurelius

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Re: Strange situation
« Reply #5 on: November 25, 2010, 12:26:22 PM »
In the last few weeks, I have heard everything from the above situation, to I received a traffic ticket, to suing for a car accident.  My typical response is to laugh.

bigs5068

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Re: Strange situation
« Reply #6 on: November 25, 2010, 05:28:29 PM »
That is prety much what I told him.  I'm assuming this "you are going to law school so you can help me" only gets worse once you are in law school aand beyond?

Yea it does I have been asked some off the wall questions. This was my favorite from a  friend of a friend. I have not paid child support for 10 years and I owe 60k is there some way to get out of this without any consequences? Answer I am pretty sure you need to pay what a court orders you to pay. No legal magic can be done about that. It seems that some people think if you are a lawyer that you just can solve any problem, but that is far from the case.  If you do something completely irresponsible & dumb you could have the best lawyer in the world you are going to suffer consequences for a being a moron.

marcus-aurelius

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Re: Strange situation
« Reply #7 on: November 25, 2010, 09:02:12 PM »
Lawyering is a skill, not a magic trick.  It is hard to make things disappear sometimes

MEMEMEME

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Re: Strange situation
« Reply #8 on: November 25, 2010, 11:08:47 PM »
I just have an ABA-approved paralegal certificate and EVERYONE asks me. I can't even give them advice even if I know. Luckily I work for a lawyer and if he is in a good mood and chatty I ask him and then tell them "the attorney said..." I hope you're aware that you are not allowed to give legal advice unless you're a member of the bar in that state. Not that anyone would probably find out, but it could get you in trouble particularly as you will be when they ask a law student and it isn't like a layperson giving legal advice- people believe you have some degree of expertise. You can answer people if you want, but tell them you're not a lawyer and can't advise them, this is what you know but aren't 100% certain and you recommend they see an attorney about it who is specialized in the field if they need advice.

As for your friend, he was beaten up by a bouncer in a bar who was there to keep order. To me, it seems like his job function to use force at his workplace. Your friend is lucky he got a blackeye and not a disorderly conduct charge.