Lawyers, What Are The Most Interesting Loopholes You Know Of? (r/AskReddit)

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lawyers offered it what are some interesting laws loopholes as a lawyer I'm going to give a serious answer which may not be super interesting to the layman but is an example of a true loophole in Australia as in most developed countries we have a set of laws designed to stop company management from improperly fleecing the creditors of limited liability companies so for instance if your company is going down the tubes and so you decide to simply transfer all of the company's assets to yourself or if you keep running up debts you could not possibly pay then you can be held liable in order to be held liable for the above the company's liquidator needs to be able to prove that the company was insolvent at the time you engaged in the improper conduct which necessarily requires analyzing the company's financial records if the company never kept financial records which is itself a breach of the law then insolvency is presumed to avoid company directors being able to avoid liability in that way now for the loophole the above presumption only applies if your company did not keep or retain financial records however the instant your company is in liquidation the equivalent of bankruptcy in the USA a company director ceases to be an agent of the company so if they take the company's books and destroy them then the presumption of insolvency does not apply since it was not the company that destroyed them you can be prosecuted for the destruction of the company's books but it's basically a slap on the wrist fine in practice so long as you can live with that it means you can get away with virtually any unlawful conduct you engaged in while running the company the above may not be something that pops up every day and it may not make for great party conversation but it is a rather gaping loophole that makes a huge difference to a directors responsibility in Australia posting a sign saying you aren't responsible doesn't necessarily make you not responsible for example say a dry cleaning shop posts not responsible for lost or damaged clothing my father at or the gravel trucks that have a sign on the back stating stay back 200 feet not responsible for broken windows how many people actually believe that in Michigan if a Sue's bein secures a judgment for money damages these are the rules on what B can keep all family pictures all arms and accouterments required by law to be kept by any person all wearing apparel of every personal family and provisions and fuel for comfortable subsistence of each householder and his or her family for six months B all household goods furniture utensils books and appliances not exceeding in value $1000 C a seat pyew or slip occupied by the judgment debtor or the judgment debtors family in any house or place of public worship and all cemeteries tombs and rites of burial one amuses repositories of the dead of the judgment debtors family or kept for burial of the judgment debtor D to each householder 10 sheep two cows five swine 100 hens five roosters and a sufficient quantity of hay and grain growing or otherwise for properly keeping the animals and poultry for six months e the tools implements materials stock apparatus team vehicle motor vehicle horses harness or other things to enable a person to carry on the profession trade occupation or business in which the person is principally engaged not exceeding in value one thousand dollars in Texas you can keep your house in bankruptcy no matter the value then one of the Enron guys claimed the homestead exemption on a fifteen million dollar house the feds made them change the law after that in Oklahoma if you are an adopted child you will be considered an heir of both your adoptive parents and your biological parents after their death double inheritance in South Dakota if you ride a horse to school and the temperature is below a certain point the school is forced to house and feed it false there are neither schools or horses in either of the Dakotas under the Sexual Offences Act 2003 in the UK it's illegal to have sex with a live animal or to have sex with a dead human an odd loophole to this wedding is that there is therefore no law against having sex with a dead animal it's also interesting to note that despite this under the criminal justice and Immigration Act 2008 it is illegal to possess an image of someone having sex with an animal dead or alive officer I swear that gerbil was dead before I stuck it in my rectum I regularly tell people there is no magic number on a DUI charge while there is a legal DUI limit to eights in the state's above which you are automatically considered impaired so long as the reading is considered valid and admissible most states have laws which allow any amount of alcohol in your system to qualify for the charge of the state can show the amount no matter how low sufficiently impaired your ability to operate the vehicle here we have DUI driving under the influence and DWI driving while intoxicated as basically separate laws the first requires a weight the second requires are showing you were intoxicated to a point your ability was sufficiently lessened fun fact to throw out at the local bar when someone starts talking about how they had three beers and are below the legal limit and therefore won't get a DUI as a result I work at a petrol station in the UK if you fill up your car and walk into the shop without a suitable means of pay forgot your cash card doesn't work we will give you an IOU form and you are not legally required to come back and pay the balance we can send you a maximum of three letters and that's it it would cost is more for court cost CTC to get the cash off you sorry I ain't pertaining to AAP's lawyer answers but I thought you would find this useful I read in a book once that there is an outdated law in Alberta that hasn't been changed this was a few years back though that if you are released from jail you can demand a loaded gun and a horse to ride out of town anybody know what happened to this one ian's all but my boss home brews beer and he found out that in Texas if you brew the beer yourself you can legally consume it even if you are underage you can even buy all the needed equipment while underage to Comorian all but my boss hombres beer with a beginning like that this comment could not possibly be bad a major problem with EULA's if I'm installing software for a client and I click the agree on the software what does that mean I don't have power of attorney for any of my customers consider all the software that computer manufacturers and resellers and technical people install and click OK on the EULA without true legally binding representation what then ro I can finally legally make nuclear weapons with my itunes copy thank you it's ok to dump DMSO down the drain in our lab as long as you dilute it with water because the law says it has to be under a certain concentration to dump but you're still dumping the same amount of DMSO it's just not as concentrated dilution is the solution to pollution not nearly as effective with chloroform though exceeding the posted speed limit in texas and a few other states is not technically a crime it's just really really good evidence that you were speeding it falls under the umbrella of prima facie law which means on the face of things speeding is loosely defined as driving too fast for the given conditions so if you are going over the posted speed limit but driving safely according to a set of standards and conditions you are not speeding the good luck convincing a judge their law in Canada it is legal to pirate movies games music ups as long as you don't make a profit from it so if any Canadians here get a letter from their ice telling them to stop just ignore it they can't do anything in court we ignore it here in the US too lawyer here if you set off the alarm walking out of a retail store just keep walking the store personnel has no right to detain you unless they have an actual basis for doing so for example someone saw you taking stuff off the rack and putting it into your bag absent such cause touching you could be civil battery false imprisonment and a host of other things have them call the cops they'll say the same thing hm okay 544 B of the Bankruptcy Code allows the trustee basically a person appointed to look out for creditors in a bankruptcy case to assert the rights not actual creditors could assert in order to bring property into the estate for example let's say that who regularly lend money to a dry-goods store in return you take a lien on their assets one day you walk towards the dry goods store and you are happy the sun is shining and blue birds are chirping in the branches of joists trees but when you enter the store your face falls the infantry is there but the owner is nowhere to be seen you speak with the man behind the counter and he tells you that the old owner sold him the store and its inventory lock stock and barrel he has skipped town later on you learn that he has filed for bankruptcy and naturally you would like to get your money back so you'd like to slap a lien on the infantry of the store and then sell it off and get your cheddar you can do this under non-bankruptcy law because you are in a jurisdiction where the applicable bulk sale laws state that the sellers obligations to you follow the inventory he has sold you are happy to learn that 544 B of the Bankruptcy Code allows the trustee in bankruptcy to assert the same right to the goods the other creditors are overjoyed to learn that they have received a windfall as it turns out the goods have appreciated in value such that they were worth substantially more than your loan however due to a Supreme Court case called Moore V Bay the balance of the loan will be split with the other creditors proportionately even though under non-bankruptcy law only you could assert a claim against the goods and you'd only receive compensation to the extent of your interest the other creditors are actually ecstatic to hear about you because they realize that that person you made a loan to was actually a corporation but recently this corporation reorganized using a leveraged buyout essentially the corporation took out a loan from a bank and used the proceeds to buy its own stock because this was a transfer not for reasonable value and because it rendered the company and Sullivans this was a fraudulent conveyance that can be avoided under the Bankruptcy Code section 548 because the trustee can use you to assert disclaim under 544 B the other creditors can now collect the amount of the transfer from the bank neatly sidestepping the problem of trying to collect from an insolvent debtor and all because you decided to loan out some dough for dry goods you had me up until the second sentence my lawyer wife told me once that there is no way to done declar anyone under it once a doctor declares someone dead there is no way to fix it well I think I just found a way out of my student loans if you live in an oil-producing state odds are you don't own the rights to the oil under your land however the person who does owned the oil rights is fully entitled to come on your land set up a drilling rig lay pipelines install storage tanks build a frack water ponds and do basically anything needed to get the oil out of the ground they don't need your permission to do this it is not trespassing and there is virtually nothing you can do to stop them oil and gas lawyer you can legally marry your first cousin in IL if one either party is over the age of 55 and 2 they are sterile with a doctor's note stating such you can marry your first cousin in Australia no questions asked lawyer here most people don't know this but if you have enough money and are white enough I can get you off off pretty much anything when you gotta go you gotta go has some legal precedence I don't remember the name of the case but a woman ignored a keep out sign for an outhouse she used it anyway fell through some rotting wood into the hole of crap below and successfully sued arguing that her pressing need and lack of other facilities left her no choice but to use the outhouse despite the sign edit source lectures on tort law from the teaching company downloading CP and possessing CP is illegal viewing it is not possessing drugs is illegal being on drugs is not cops are never obligated to tell you the truth in facts lying is a potent law enforcement tool if your keys are readily accessible to you you can get a DUI even if the car is off and you are asleep to go throw them in some bushes or stick them in the trunk you can sign for someone else's credit card if you have permission but use your name so it won't look like fraud banks can cash post-dated checks whenever they want possessing drugs is illegal being on drugs is not not true everywhere for example check the Michigan State law for use of marijuana this is not intended as legal advice etc I've always been a little troubled by location based federal jurisdiction over state crimes that is any ordinary state level crime for example DUI assault indecent exposure whatever can be prosecuted like the federal level if the crime is committed on federal property National Park federal highway airplane etc this could mean big differences in charges misdemeanors versus felonies and sentencing conditions including term parole eligibility federal versus state prison etc even if you're only a few feet over the property line the line must be drawn here this far no father a virgin will take it up her butt and still remain pure for her husband see goop hole loophole e'en all and can attest to this fact I am NOT a laywer however so there is this thing called jury nullification I'm sure you've never heard of it on Reddit before if HR your persuasion a neat trick to see if CID HS the cop is to start with paid nude modeling H will always do it because it's easy money a cop will turn you down because it wastes their time make sure they are clear at the beginning that you are only interested in nude modeling don't suggest that anything else might be of interest once nudes are procured it should be safe to move on to other stuff you can shoplift as long as the people working there can't speak English well enough to call the cops note only applicable in countries where cops speak English I'm not a lawyer but a paralegal in various capacities you can pretty much claim anything as a work-related injury if you get carpal tunnel for example you can also say that your carpal tunnel causes you depression anxiety and insomnia if they are not disputing the carpal tunnel they probably won't dispute anything else you add on if they want to dispute it they will have to pay for the doctor to prove you don't have depression anxiety insomnia and they would rather just give you the money as part of your settlement also wills and trusts are pretty fun you can pretty much do whatever you want it's like creating a little fantasy world for after you die and everyone will be obligated to honor your wishes the best they can you can't arrest your husband and wife for the same crime you have the worst frickin attorneys the consumer-grade license agreements are really about protecting the company from class-action lawsuits that is they are not designed to ever go after the consumer but to protect from the consumer when you pay to park somewhere and they hand you that ticket that says they are not responsible for any damage to your car that's bulls they absolutely are and they just want to scare you off they took a bailment on your car that sucks I got my car stolen at a museum where I paid to park I threw a fit call the police and security and said that there wasn't anything I could do and there wasn't anything they could do beside report it I asked if they would at least refund my admission fee but the museum refused my brother a lawyer told me that you can only be charged with mayhem if your victim loses a body part at one point it was almost impossible to get no-fault a divorce in Canada a divorce based on adultery is still quicker as a result a married couple would work together so that one of them would be caught having an affair will be in this hotel room tomorrow night feel free to bargain you'd even see people filing affidavit submitting that they'd banged their tennis pro in Utah you can carry a pistol with you without getting a permit as long as you have no rounds in the chamber any acts followed by a verbal or written nohomo comment is deemed to be true a priori however if ball sacks touch during the prior act no homo cannot be used to invalidate said action s also regardless of no homo one must completely understand that it's not gay if it's a three-way a large amount of people seem unaware of the felony murder rule in almost every state if you are committing a felony and somebody dies as a result of your felonious actions you can and quite likely will be charged with murder example three accomplices of yours intend to rob your neighborhood drug dealer your role is limited to dropping them off at the guy's house and picking them up later a few streets over your buddies assure you that nobody will get hurt and that they aren't even carrying weapons while in there one of your buddies freaks out and blows the guy's head off guess what pal you are on the hook for murder you would not believe the amount of people who have helped convict themselves of felony murder by telling the police and variation of I didn't kill the guy but I know who did yah see my boy Charles called me up I get the sense that nearly all these responses are by non-lawyers just regurgitating some Bulls they heard from their best friend's cousins neighbor has posted on Facebook while not really a loophole checks are fun you can do all sorts of crap with special endorsements if wherever you write them is dumb enough to take them I always like to write stupid crap on checks I'm cashing just to see if the tellers will take its raffle they usually do built every once in a while I get it sent back with a polite up yeah I can't take that a guy a while back won a case against Best Buy because they accepted a check that he had endorsed with conditions that essentially said if they mailed him any advertisements which duck of course they will he can settle for something like $500 a pod Lal held up in court to being rich is the best loophole ever in Ohio you may be convicted of drunk driving over for operating a bicycle under the influence of alcohol but not for riding a unicycle or tricycle in the same condition o RC 4511 point zero one a also if you are found either dead or unconscious behind the wheel you will be found under the law to have implicitly given your consent to a backtest Hiwassee 4511 point one nine one a four this should be at the top of the page you can never waive gross negligence all those half-retarded waivers you sign before going skiing or rock climbing or whatever are basically toilet paper if you're seriously injured because they screwed up course all you can rub their nose in the contract you wiped your butt with waving such a thing before your accident for California residents if you write a bad review of a business on Yelp or whatever and this you you for defamation you can Andy slap and he's strategic lawsuit against public participation then they must prove everything immediately without discovery you should basically feel like Shelley finding the golden ticket because a good attorney will have you owning their business they'll pay you pay your attorney and you can slap back by counter suing for things like emotional distress evil lawyer time emo de-stresses account because you know a jury listening to the way some company tried to shut you up and impede your free speech will punish the ever-loving heck out of them in a verdict even if you're mentally okay and honestly a suit like that would seriously disrupt your life anyway so don't feel bad about going for the jugular law student not legal advice back in my days of habitually roaming the streets drunk off my butt I was arrested under CA Penal Code 647 F a couple times the law against public drunkenness being the functional drunk that I was I took the time to look into the law and learned that to be arrested under 647 F requires more than just being intoxicated it also specifies that you must be either unable to care for yourself or be blocking public access like a sidewalk or a freeway they dropped my case both times before going too far but I was prepared to go to court over it another one is Penal Code 314 the law against public nudity - this law specifically states that the nudity must be sexual in nature so while the public may not like it you can technically walk around but make it as long as you aren't being sexual about it I was arrested for 647 F and 314 one night and they sent my case to some youth diversion program I went in and brought a folder full of relevant case law that strengthened the interpretation that nudity is legal as long as it's non-sexual and presented it to this panel of community leaders police officers and law students never forgot my closing line so as you can see mom well the display of my anus may be juvenile and crass I'm clearly not guilty of the offense outlined under 314 PC they told me that this wasn't a court and therefore case law was irrelevant the fact that the community members could be offended made me guilty I told them that was a perversion of justice and to send the case to trial never heard back most likely because it wouldn't be worth anyone's time to try and prosecute rather than because of my half acid lawyer skills if you're poor then you automatically lose if you are new to the channel you can subscribe I publish new videos every day until then check another video bye for now [Music]
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Channel: On Tap Studios
Views: 32,360
Rating: 4.9008265 out of 5
Keywords: lawyer, lawyers, lawyer stories, legal, legal loopholes, legal loopholes to make money, legal loophole homeless, loopholes, #updootst, updoot, reddit, r/askreddit, askreddit, ask reddit, r/, \r, r\, best of reddit, reddit stories, reddit story, top posts, funniest posts, funny, funny posts, funny askreddit, reddit funny, askreddit funny, askreddit stories, sub, reddit cringe, memes, comment awards, dankify, toadfilms, updoot everything, updoot reddit, chill, story, stories, reddit on tap
Id: v_dyMxTkw5M
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Length: 23min 40sec (1420 seconds)
Published: Thu May 28 2020
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