33 year old Clifton Williams is facing 6 months in jail for what court documents call a “yawn-like sound” in a  suburban Chicago courtroom.

Will County Judge Daniel Rozak was sentencing Williams’ Cousin Jason Mayfield  on a drug charge on July 23 when Williams let out the “yawn”.

The prosecutor in the courtroom at the time stated that “‘This was a very loud, boisterous, deliberate attempt on the part of this individual to disrupt the proceedings and show disrespect to the court… It was not a guy who involuntarily yawned. This guy was making a statement — a very loud statement — in court.”‘

“Rozak found Williams in contempt of court and sentenced him to six months in jail. However, Rozak could free Williams after a status hearing Thursday, if Williams apologizes and the judge accepts. By then, Williams will have served 21 days.”

Witnesses disagree about whether Williams’ yawn was out of line.

Check out the original article here: Man Faces 6 Months in Jail for Courtroom Yawn

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com. SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 15% [?]

“Rent, Rip and Return”. It is a phrase that sends chills up the spine up of movie industry executives. These same executives contend that this phenomena is one of the biggest technological threats to the movie industry’s annual $20 billion DVD market.

“Rent, Rip and Return” is basically renting a movie, and using  various software programs that allow you to copy a film without paying for it.

“On Friday, the showdown over the issue will take place in federal court in Los Angeles, where an army of lawyers representing Hollywood will argue that Real Networks Inc.’s DVD ‘ripper’ is an illegal digital piracy tool.”

“The company, in turn, will say the $29.99 software that allows DVDs to be easily copied to computer hard drives is legitimate.”

Although it is only one tool out of many that people interested in doing this can use,the verdict will send a message out to companies developing this software, either, “quit developing this type of software”, or “go for it”.

“The same federal judge who shut down the music-swapping site Napster in 2000 because of copyright violations will preside over the three-day trial, which is expected to cut to the heart of the same technological upheaval roiling Hollywood that forever changed the face of the music business.”

“The studios fear that if RealNetworks is allowed to sell its RealDVD software, consumers will quickly lose interest in paying retail for movies on DVD that can be rented cheaply, copied and returned.”

I can see where the companies are coming from, but I don’t really agree with this last statement at all. The people that will burn DVD’s are not people that were going to buy the DVD in the first place. If you are interested in buying a DVD, you want the whole experience, not a crappy burnt DVD with your handwriting on it, no menus, no bonus or special features, stuffed in a big old case hiding in your closet. You want that DVD so you can put it on your shelf and display it as part of  your glorious DVD collection.

Lawyers opposing the software are going to claim that the software violates a federal law known as the Digital Millennium Copyright Act, which makes software and other tools that enable digital piracy illegal.

“For its part, the Seattle-based company that develops the software says its RealDVD product is designed to simply let customers back up a purchased DVD and that the software allows for only one copy to be made.”

“The company argues that the contract it signed with the DVD Copy Control Association, which equips DVD player manufacturers with the keys to unscrambling DVDs, allows RealDVD because the software doesn’t alter or remove anti-piracy encryption on DVDs like illicit software that is easily obtained for free online.’

“RealNetworks says its product legally fills growing consumer demand to convert their DVDs to digital form for convenient storage and viewing.”

To view the original article, click here.

RealDealDocs.com is a division of Practice Technologies, Inc. the creators of SmartRules.com.
SmartRules provides step by step guides to local rules and civil procedure for state courts & federal courts throughout the country.

Popularity: 6% [?]

The high court is officially going green! Taking on five environmental cases for decision…it looks as if environmentalists should be cracking open the champagne and toasting. After several decades of pushing for people to get involved, with the courts now taking cases over such issues, change is obviously in the air.

According to Marcia Coyle at The National Journal, “traditional antagonists in these high court cases, environmental and business groups do seem to agree on at least one thing: The five pending cases are likely to be especially revealing of the still-emerging Roberts Court in an area of increasing national and international concern.”

The five cases presented in court will push the government to enforce the nation’s major environmental laws despite rejections from big businesses. In short, that means that environmentalists aka “the little guy” are beginning to stand up and have a voice when it comes to the law.

Popularity: 7% [?]

What happens when you mix a stressful legal situation, video cameras and a machine gun smattering of razor sharp (or not so sharp) questions? We’ve put together our favorite all-time cranky court room outbursts, depositions gone awry and sobering Law School realities to create a hilarious collection of the funniest legal videos ever.

#1 When Judges Attack

This Judge flies off the handle in a menopausal tirade directed at a deserving defendant.

TV Judge Marilyn is probably best known for the explosive tongue lashings she gives to the people in her TV courtroom but this one was over the top for even the courtroom queen of mean. When an arrogant defendant demands “a certain level of respect” he is thrown out court but not before a hilarious exchange of words.

#2 How Not To Handle a Tough Deposition

A cranky old guy deflects questions with a pile of B.S. and an entertaining outburst!

When questioned about an unauthorized use of funds the irritable old dude man in question launches into an Oscar winning performance before completely melting down.

#3 Law School the Musical

A musical tribute to Law School Hell

An insider’s melodic interpretation of the harsh realities of law school.

#4 How NOT to Fake a Heart Attack

Hello Mr. Heart-attack Faker, meet a Pissed Off Judge

Note to Lawyers: if you are your client are going to fake a sickness to get out of court, make sure it’s not a heart attack… once they take your vital signs, the ruse is up!!

#5 NO BITING!!!

A defendant in court lashes out.

First he kicks HIS lawyer (???) then tries to go after a bailiff. Tasers ensue, and the funny begins.

Popularity: 11% [?]

People are losing their homes every second. It’s a scary time for all of us and homeowners given risky loans are suffering greatly for the mishandling done by some mortgage lenders. Still…a class action suit doesn’t hold power in this particular arena. Recently, a federal appeals court has said the Truth in Lending Act does not allow for rescission of mortgages on a class action basis.

Joining an earlier ruling by the 1st and 5th circuits and one California state appellate court that have held that the TILA does not allow claims for rescission is the 7th U.S. Circuit Court of Appeals. A 2-1 decision on September 24, “averts the potential of significant damages for creditors accused of violating disclosure requirements in some of the exotic mortgage vehicles that caused the mortgage market meltdown.”

“This is a significant win for all lenders,” said Jeffrey W. Sarles of Chicago-based Mayer Brown. “Allowing thousands of class members to rescind their mortgages at one fell swoop would threaten lenders with intolerable liability.”

Popularity: 5% [?]

Back in the day…the big disturbances in high school were the bullies slamming nerds into their lockers. Sure, some rough-n-tough fistfights went down, stirring up hot gossip amongst students but now…times have definitely changed. Most schools today have metal detectors at their entrance doors, and the Columbine shootings began this new-age fear of our youth. Maybe that is why from time to time, conclusions can be jumped to a tad bit too fast.

Take, for example, Cody Webb, who was wrongly accused of phoning in a bomb threat at his Hempfield Area Senior High School. Fifteen years old at the time, Webb spent 12 days in juvenile hall because police thought he was the culprit responsible for the threat. However, after being charged, a judge threw out the case when he learned the school had not adjusted its clocks for daylight-savings time. What does that mean? Well, Webb’s cellphone call and the threat were made more than an hour apart.

Oops!

So much for forgive and forget, though. Webb turned his 12 day jail time around. Filing suit against the school district and state police who charged him in March 2007, he was awarded a financial agreement of $61,000 to pay for his college education.

Boo-ya!

Popularity: 3% [?]

The courts are taking a stand against banks who pursue criminal charges against an innocent third party whose identity is stolen and used to defraud the bank. It all began with plaintiff Howard Brunson who was arrested and spent 13 days in custody for a check fraud scheme carried out by a person who opened an Affinity account using his identity.

The New Jersey Appellate Division, in Brunson v. Affinity Federal Credit Union, No A-4439-06 ruled last week that financial institutions and fraud investigators have a duty to “pursue with reasonable care their responsibility for protecting not only their own customers, but non-customers who may be victims of identity theft.”

The holding reversed a grant of summary judgment dismissing claims for negligence and malicious prosecution against Affinity Federal Credit Union and its fraud investigator.

Popularity: 3% [?]

Hitting the media hard is Yankees player Alex Rodriguez’s divorce, which his now estranged wife, Cynthia Rodriguez, filed Monday in Miami-Dade County Family Court. Accusing her player of “extramarital affairs” and referring to her six-year marriage as “irretrievably broken,” it appears that this case may get ugly. Although Madonna denies, denies, denies…a rumored affair between her and A-Rod is in full swing. However, with both parties stating that nothing went on, nothing concrete can be presented in court. But, what if there are other women stepping out onto the field? What does that mean for A-Rod?

Recently, Candice Houlihan, a former Boston stripper is under the limelight, stating that she got down and dirty with the Yankee a few times. And because of that, she had this to say about his wife’s divorce filing:

“Good for her. I think she’s doing the smart thing. And she’ll probably get tons of cash.”

According to Houlihan, they met in July, 2004 during a Yankee-Red Sox clash at Fenway Park.  “He introduced himself, asked me who I was, and if I wanted to meet up for drinks later. I said, ‘Hell, yeah!’”

However, Houlihan added that when she found out A-Rod’s wife was pregnant at the time, she felt badly. Obviously not badly enough, though. Allegedly, they met up again for another grand slam three months later.

Oh, my! Talk about your past always catching up with you. Naturally, A-Rod will make like Madonna and deny! Still… it’s out there and it’s no good for the reputation. And will Houlihan have an impact on the divorce proceedings, blocking the plate for A-Rod? You just never know when it comes to this game.

However, what we do know is that sometimes, scoring a home run isn’t all it’s cracked up to be.  

                                                                                                                            

Popularity: 3% [?]

Virginia doesn’t mess around when it comes to their anti-spam law, which is widely known as the strictest in the country. And when the Spammer king, Jeremy Jaynes, was busted for sending junk e-mails to unsuspecting victims, the Virginia Supreme Court put the crackdown.

As prosecutors presented evidence of 53,000 illegal e-mails sent in July 2003, and authorities claimed that they believe Jaynes sent 10 million e-mails a day, grossing up to $750,000 per month, the Court ruled that Jaynes’ earnings are going to come to a screeching halt.

Sentenced to nine years in jail, Jaynes is under house arrest as he appeals the conviction. In Jaynes’ eyes, he should be protected by the First Amendment and states that his sentence is “unconstitutional.”

Call me crazy but while spam is undeniably a serious nuisance, pedophiles get a much lighter sentence for a much more serious crime. So, where’s the justice? You tell me.

Popularity: 7% [?]

What happens when you mix a stressful legal situation, video cameras and a machine gun smattering of razor sharp (or not so sharp) questions? We’ve put together our favorite all-time cranky court room outbursts, depositions gone awry and sobering Law School realities to create a hilarious collection of the funniest legal videos ever.

#1 When Judges Attack

This Judge flies off the handle in a menopausal tirade directed at a deserving defendant.

TV Judge Marilyn is probably best known for the explosive tongue lashings she gives to the people in her TV courtroom but this one was over the top for even the courtroom queen of mean. When an arrogant defendant demands “a certain level of respect” he is thrown out court but not before a hilarious exchange of words.

#2 How Not To Handle a Tough Deposition

A cranky old guy deflects questions with a pile of B.S. and an entertaining outburst!

When questioned about an unauthorized use of funds the irritable old dude man in question launches into an Oscar winning performance before completely melting down.

#3 Law School the Musical

A musical tribute to Law School Hell

An insider’s melodic interpretation of the harsh realities of law school.

#4 An Incoherent Deposition

6,912 known languages on Earth and this woman doesn’t speak any of them

Note to Lawyers: When prepping your client for a deposition, you should probably make sure they know their left hand from their right.

#5 The Bird

A lawyer tackles the complexities of vehicular sign language

A man on the stand in earmuffs (?) differentiates the subtleties of highway communication.

Popularity: 6% [?]