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| 2005/1/7-8 [Science/Disaster] UID:35583 Activity:nil |
1/7 I finally have my answer as for the timeline of tsunami arrivals.
http://www.washingtonpost.com/wp-dyn/articles/A54530-2005Jan6.html
Note that the waves travelling west did so at about 625 mph;
east, significantly slower (because of shallower waters).
Waves hit Thailand at or a little later than they did Sri Lanka.
\_ Any login/password for CSUA?
\_ hobbit@lotr.us, pw: 123456
\_ also refer to http://bugmenot.com for u/p to most news sites
\_ also, if there were a CSUA-specific login (csuamotd/csuamotd),
it probably got fucked with. |
| 2005/1/7-8 [Politics/Domestic/California, Reference/Law/Court] UID:35584 Activity:high |
1/7 Anyone has any luck suing a person/business outside of California
through small claim court? How can the court order the defendant
to appear in this case?
\_ The same way that they order people in the state to appear.
Just because a person is out of state doesn't mean that he/she
can't be sued and required to show up in court. The only issue
here is whether the court will uphold that it has jurisdiction
over the case.
\- this is not strictly correct. a business has to have
"dealings" in california to be sued in a CA court.
in the case of a person, this is more unlikely unless
possibly the suit is over some issue that required being
in CA ... like say a car accident or some tort involving
such a physical act. there are things called "long arm
statues" which is how corts can compel non-residents/remotely
incorped busness to appear, but i am not sure if small claims
courts have differnt long arm statues. for a real/large business
it is highly likely that they have enough business presence
in CA .. in which you can probably check with the sec of state's
office who the califnornia agent is for process service/summons.
for somebody who runs a hotdog stand in louisiana, you probably
cant sue them for food poisioning in CA court. on an amusing note
on the jurisdiction question you may want to look at Mayo v.
Satan and His Staff. --psb
\_ Yes, psb, we know this. What do you think "jurisdiction over
case" means? It is strictly correct. If you don't know what
\- as someone i know used to say "i dont mind tautologies;
they're always true!". saying you can sue in court X
if court X has jurisdiction i suppose is meaningless and
unhelpful more than true/untrue. "the court feels" ...
is driven by guidelines such as the ones i discuss.--psb
"jurisdiction over the case" means don't comment. Also, you
don't need a business presence in CA to be sued in CA. All
that is required is that the court feels that it has original
jurisdiction on the matter involved. Under the UCC this means
the place of business, and if the business was conducted
in CA then the court will find it has original jurisdiction.
If all fails, you can go file a suit in Federal Court, and
there will NOT be ANY questions about original jurisdiction,
but for a small claims matter it's not worth the money.
\-mr. d. ass: you also misuse the term "original
jurisdiction" ... that is in contrast to appelate
jurisdiction, not geography or "diversity juris-
diction". as you suggest, federal ct may be an
option, but whether it is worth the money is not
fully up to the plaintiff, but there is a minimum
specified in the USC and USCA. See e.g.
http://csua.org/u/amm
\_ Uhm, no, there is really only the concept of
"original jurisdiction". It encompases what you
refer to as "geographic jurisdiction", which in
reality is a fiction. So STFU dumbass. Original
Jurisdiction always comes from the lower courts,
and appellate courts have original jurisdiction
in certain types of cases. There also isn't
really a term caled "appellate jurisdiction,"
which is a fiction also. However, since it's
unfortunately come into common usage I suppose
that it can be considered as such.
Read up on some Prosser/Keaton.
\_ I belive the problem here is that the two of you
are confusing two separate ideas: personal jx and
\- i'm not the one confused. the OP is the one
specifcally asking about the geographic/diversity
issue.
\_ Sorry. The guy who was responding to you is
a doofus, and I should be doing hw instead of
writing about jx...
writing about jx on the motd...
subject matter jx. A ct must have both in order
to hear a case. SMJX is sometimes refered to as
"original jx" in the context of fed cts.
In order for a ct to hear a case, it must first
have SMJX. In general state cts are cts of general jx
and have original jx over all cases. Fed cts are cts
of limited jx and have original jx only over two types
of cases, federal question (USC Title 28 Sec 1331) and
diversity (USC Title 28 Sec 1332). The jx of the fed
cts are limited by Article 3 of the Constitution.
In order for a case raise a fed question the complaint
must arise from the constitution, treaties of the US
or laws of the fed gov.
In order for a case to be in diversity two requirements
must be met: (1) the claim must be greater than $75K (if
you are trying to sue in small claims, you can't meet
this) and there must be complete diversity in citizenship
"across the v". Complete diversity means that no plaintiff
and no defendant must be citizens of the same state. A
corporation is considered a citizen of 2 places, the
place where it is incorporated and the place where it has
its primary place of business. The primary place of bus.
can be determined using one of two tests: (1) the nerver
center test (where are the admin offices located) or (2)
the muscle test (where the manufacturing occurs).
Personal jx is a different idea. It is refers to the
power of a ct to compel a person to appear before it and
defend a suit. PJ is proper in a state if the defendant
(1) resides there or (2) was personally served with
process in the state. PJ may also be proper over non-res
defendants IF the state has a long arm statue authorizing
the exercise of PJ over non-res defendants. Almost all
states have such statues. Some states (ex NY) enumerate
the circumstances under which PJ may be properly exercised
by the states cts over non-res, while others (ex CA) say
that any exercise of PJ consistent with Due Process is
okay.
Even if there is a statue that says that PJ can be
exercised by the ct, that exercise must be consistent
w/ the requirements of Due Process which according to
the USSC means that that the defendant has to have min
contacts w/ the state AND the exercise of PJ must be
consistent with traditional notions of fair play and
substantial justices (see Intl. Shoe)
If the case is related to some specific action of the
defendant w/ or in the state, then even a single
contact may be enough (specific jx). If the case is
unrelated to the contacts of the defendant in the
state, then lots of contacts are need.
There are lots of factors that a ct considers when
figuring out if PJ is fair: (1) the burden on the
defendant to defend in the state, (2) the interest
of the plaintiff in efficient resolution, (3) the
interest of the state, (4) interests of other states
and (5) shared interests of many states.
I'm sure this was WAY more than you possibly wanted
to know. Anyway, the upshot of all this is that if
you are suing a non-resident corp in small claims
ct you will probably not have any basis for being
in fed ct and you will probably have a hard time
compeling the corp to appear. However, you may be
able to get a judgment by default and then via
Full Faith and Credit get a lean on the corp's
property in its home state. Then you can show up
at the annual shareholders meeting and say that
you are not leaving the bldg until the deadbeat
corp makes you whole. This is an effective way
to get your money and your ass kicked in one go.
\_ http://www.tamerlane.ca/library/cases/humour/mayo_v_satan.htm
\_ Sorry, you're wrong. If you actually understood
substantive law instead of merely googling for
stuff you'd understand what
"original jurisdiction":
really means. And PSB, stop junking up the motd
with your google transcripts. I'm sure we can
all cut and paste from the web. That doesn't mean
you know shit about the law.
\- are you the person whose orginal contribution
[sic] was the tautology above?
\_ My friend, if you actually knew anything
about law you'd realize that it is filled
with tautologies. Res ipsa loquitur.
An example of this include the following:
the description of cause-in-fact or
actual cause
the description of proximate cause
the concept of what a reasonable person is
the concept of what negligence is
the definition of intent
the definition of voluntary
Take a 1L course in substantive law,
see if you can pass it. Then come back
and we'll talk.
\_ First time poster, long time listener
here. The description of 'actual cause'
is not as simple and tautological as you
may think. Email me for technical
details. -- ilyas
\- the law may be filled with tautologies
but your first respose was totally
useless. Well 99% useless. You claim
1. you may be able to reach out to
someone in another state 2. and you can
do so if the court decides you can.
while i suppose point #2 is sort of a
"legal realist" answer [the law is what
courts say it is ... as opposed to some
metaphysical body of a priori principles
of justice], it's not helpful to the OP.
if you are an attorney and gave me
advice like that, i'd not only think the
"law's an ass" but my lawyer was too.
some tautolgies ... or "analytic
statements" are trivial, some are
merely uninteresting and some are
useful or insightful. 1=1 is trivial.
x^23+x^5+x+5=8 has solution x=1 is
a useless factoid. sum 1/2^x from 1
to infinity = 1 is "interesting" ...
so all of these are "tautologies across
the equal sign", but only one is a
valuable observation.
\_ Thanks. I am doing this for someone. I have sent two
emails to the debtor and I was never able to reach the
debtor by phone. Small claim court is the next logical
step?
\-email is pretty worthless. send a demand letter by registred
or cert mail or whatever it is called.
\_ If the person you are trying to sue is a non-resident
the ct may not have any effective way to compel them
to appear and defend (provided PJ is proper in the
state in which you bring your suit). Since the cap on
small claims is $2,500, many non-residents will just
\_ Not neccesarily true, certain
districts allow you to sue up to
$5000. It depends on the district
and the state.
decide that it is not worth the hassle and won't appear.
You will be given a judgment by default, but in order
to enforce this judgment you will have to travel to
a state where the defendant resides and ask a ct in
that state to enforce the judgment (the ct has to b/c
of Full Faith and Credit).
Enforcement is a bit easier if the non-resident has
property in the state in which you sue. As part of
your suit you can ask the ct for a pre-judgment
attachment of the property. If the defendant is a
no-show, then you will be awarded judgment by default
and you can ask the ct to order a sheriff's sale of
the property to satisfy your judgment.
\- law person: for a good time you may wish to look up
789 F. Supp. 395 ... also avail at:
http://home.lbl.gov:8080/~psb/Humor/Noble-v-BradfordMarine
Last line is sort of funny, w.r.t. jurisdiction. |
| 2005/1/7-8 [Consumer/Camera, Computer/SW/Apps] UID:35585 Activity:low |
1/7 I'm trying to digitally restore a very old color photo. I need to
* Retouch scratches
* Increase color saturation
* Adjust brightness and contrast and hue ('Levels' in photoshop)
What is the best order of operations here? I can see spending several
hours on this image and want to get it right the first time.
\_ Levels before color (adjusting the levels will mess with your
color saturation). I don't think it'd matter much when you fix
the scratches. --jameslin
\_ Increase color saturation before retouching scratches, otherwise any
artifacts from retouching the scratches will be magnified. The
same applies to Level if you're expanding the level ranges,
otherwise the opposite applies.
\_ I was thinking that too, but it'll only protect somewhat against
artifact magnification. If your monitor and printer aren't
calibrated, for example, printing the picture might show
artifacts you didn't see on the monitor anyway. For retouching
scratches I usually make a Levels adjustment layer with an
insane gamma first so I can see potential artifacts, and then
retouch the scratches on a layer below. --jameslin |
| 2005/1/7 [Computer/HW/Drives] UID:35586 Activity:nil |
1/7 I just downloaded a disk image that is 676megs, which is 16megs
larger than the capacity of my cd-roms. Is there anything I can do
to mount/copy it onto the cd-rom? |
| 2005/1/7-8 [Politics/Domestic/President/Bush] UID:35587 Activity:moderate |
1/6 Why Republicans rule-- they have clout and money:
http://www.cnn.com/2005/ALLPOLITICS/01/07/bush.journalist.ap/index.html
(synopsis: The Bush administration paid a prominent black
journalist to promote Bush and give Education Secretary media
time, records show)
\_ And this somehow surprises you? That's the nature of politics.
\_ That's the nature of American (or western) politics. In China
it's the other way around: "Why did he become rich? Because he
has political power."
\_ Well, it's actually the same. One becomes rich and one
attains political power which results in one becoming even
richer and attaining even more political power, ad naseum.
Whether one first attains political power or becomes rich
is somewhat immaterial. The bottom line is the powerful
are rich and the rich are powerful.
\_ In other words, the US is no better than China.
\_ Ohmygosh, you mean power corrupts, irrespective of
nation, race, or creed? Say it ain't so!!
\_ Yeah. Poor John Kerry. No clout and no money. |
| 2005/1/7-8 [Politics/Domestic/911] UID:35588 Activity:nil |
1/7 "We don't need the Americans' intervention. We know who to elect.
Not like them -- they elected a moron."
http://story.news.yahoo.com/news?tmpl=story&u=/nm/people_gere_dc
\_ so? We don't need the Al Qaeda intervention. We know who to
elect, not a moron. But Bin Laden came out in November and
look at all the morons voting for a moron.
\_ Somewhere there's a bridge missing its troll.
\_ Crap, I came on too strong again. I am so desperately lonely!
\_ There, there, I understand there's a trio of goats heading
your way even as we speak. |
| 2005/1/7-8 [Computer/HW/Laptop] UID:35589 Activity:nil |
1/7 So I had the chance to order and set up a ThinkPad T42 for my boss.
It rocks. It's the most well-built standard light-weight notebook
I've played with. They could do better with the styling, but I got a
1.6 GHz model for $1,389 before tax at http://newegg.com. One stuck red
pixel, but it's on the border. (For personal use, I'd still probably
go with a Fujitsu S7010 for the extra USB port, Windows key, and
lower weight - although it's not as better constructed. As for Dell,
the Latitude D600 is light-years better than previous Dell notebooks,
but the T42 really kicks ass.) |
| 2005/1/7-8 [Politics/Foreign/MiddleEast/Iraq] UID:35590 Activity:moderate |
1/7 Yahoo! News - AP: Sri Lankan Teenager Raped by Rescuer:
http://csua.org/u/amb
Hope the rapist's genitals be bitten off by dogs.
\_ so? in Vietnam there were a bunch of things going on...
thousands of villages were burned down and thousands of
kids were raped. There are also thousands of Viet/White and
Viet/Black children born in the 70s. God knows how many
women and children are being raped in Iraq. That's the
nature of war. Here is a pretty good article
on psychological/biological reasons for rape behaviors
in ALL wars: http://tinyurl.com/n1us
\_ This article borders on pop psychology, with little meaningful
analysis aside from vague hand-wavy references to other
researcher's works. I don't think this goes very far toward
making or reinforcing your point. Perhaps you should STFW for
something a little less sensational and a little more analytical.
\_ Tsunami = War. Ok, I got it.
\_ the scale is just so off. One rape in the rescue mission vs.
hundreds of rape in wars. Totally off scale. Personally I'd
trade in 1 rape to get rid of 1 unnecessary war.
\_ I don't see anything in the article that says the guy
was actually part of any rescue operation. It sounds
like it was just some dude who also happened to be
washed out or something.
\_ No, he wasn't part of a rescue operation -- he rescued
the girl, then subsequently forced himself on her. In
that context, he's 'a rescuer'. That's how I read it,
anyhow.
\_ Yes that's what the article says. However, the
headline itself is very misleading, although true.
-- OP
\_ Sorry, I'm just trying to make sense of the 2nd
poster's connection between the tsunami and the
vietnam war.
My point is that there are even more rapes in wars, why doesn't -/
anyone care about that? Hundreds of rape vs. 1 rape in the
disaster. Your sense of scale is warped.
\_ Uhm, his sense of scale is fine; it's your sense of compassion
that's fucked in the ass.
\_ Somewhere there's a bridge missing its troll.
\_ Well, tell that troll to learn how to formal his posts.
\_ Well, tell that troll to learn how to format his posts.
\_ How the hell do you "formal" a post troll?
\_ Well, presumably, one starts by spelling format with a
't' instead of an 'l' -- otherwise especially obtuse motd
denizens get confused.
\_ Put it in a Tux! |
| 2005/1/7-8 [Computer/HW/CPU] UID:35591 Activity:moderate |
1/7 Is there a way to determine whether a e-commerce site uses 3rd party
payment processor (and which one) or its own server?
\_ Is this the fellow buying porn again who doesn't want to be IDed?
What the hell is up with all these weird e-commerce questions?
And the answer is no unless the site was written for you to know,
wtf are you doing that requires you to know this and why do you
care?
\_ Plus, most of it goes to the same large backend companies
like Paymentech anyway.
\_ pr0n is irrelvant. It's digital anonymous currency or slavery.
Live free then die.
\_ Put this in your mind: there is someone stalking you: he follows
your every click, POST and GET. He knows your addr, ssn and dob.
He knows your wife's name, taste, and cup size (from her shopping
at http://victoriassecret.com). He has your joint CC and bank account
# as well. Last but not the least, he has your consent to use
all that information however he chooses after you clicked on the
"I agree" button. Because he is a multi-trillion $ industry
with access to tens of thousands of supercomputers he has the
mean and motivation to profile, predict and prescribe your
behavior. Should you disobey, your info will be sold to the UN
human traffickers at a discount. Freedom requires anonymity.
\_ you mean they were watching me when i ordered that
tinfoil hat?
\_ in fact, they tampered with it before it was delivered. |
| 2005/1/7-8 [Politics/Foreign/MiddleEast/Iraq, Politics/Foreign/Europe] UID:35592 Activity:nil |
1/7 http://csua.org/u/ama "Also, in an apparent sign that American relief agencies want to keep a lower profile, several trucks delivering supplies from U.S. AID removed large banners marking the source of the shipments." Why? \_ Use you brain. They're in a muslim part of the world, they're also in a low security part of the world, especially with the disaster. Easy targets for extremists with twisted agendas. |
| 2005/1/7-8 [Recreation/Dating] UID:35593 Activity:nil |
1/7 Funny wacko:
http://jameswolcott.com/archives/2004/09/an_ignoble_conf.php
\_ He's remarkably silent about the tsunami. I like to think he's
been chastised, but I doubt it. An interesting character.
\_ If you can't recognize irony when you see it, that's your
failing. Not his.
\- he seems to neither write well, nor have anything to
intelligent to say. i guess not all media morons are
political extremists like ann coulter. |
| 2005/1/7-8 [Computer/SW/SpamAssassin] UID:35594 Activity:nil |
1/7 How do I have spam assasin dump spam to /dev/null?
\_ In your .procmailrc, just put /dev/null instead of the name of
your spam folder. |
| 2005/1/7-8 [Computer/SW/SpamAssassin] UID:35595 Activity:low |
1/7 So, is TinyP2P really only 15 lines, or should we include the numerous
imports?
\_ It's written in Python, what do YOU think?
\_ I think some humorless people don't get things. -op
\_ import spam, spam, spam, spam, spam, spam, spam, spam # I think |
| 2005/1/7-8 [Politics/Domestic/California, Computer/Networking] UID:35596 Activity:low |
1/7 I'm driving from LA to SF tomorrow. Is there a website that can tell
me how I can get there? I am hearing rumors that I5 might be closed
and also that 101 sometimes has mudslide issues.
\_ google "caltran" yields url:
http://www.dot.ca.gov/hq/roadinfo/hwytables.htm
\_ yes, thanks, but that doesn't really give driving directions
based on closed routes, or even alternate routes.
\_ rain+LA=complete misery. Are you ready for complete misery?
\_ I believe this is true for all of southern CA, I lived in
Bakersfield. brrr...
\_ http://sigalert.com |
| 5/17 |