# What is legal stuff that most laymen ought to know?

**URL:** <https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621>\
**Category:** In My Humble Opinion\
**Created:** [February 16, 2022, 6:53pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621 "2022-02-16T18:53:28Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![mjmartin](https://avatars.discourse-cdn.com/v4/letter/m/3d9bf3/32.png) [@mjmartin](https://boards.straightdope.com/u/mjmartin)\
**Post date:** [February 20, 2022, 4:17pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/61 "2022-02-20T16:17:27Z")

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> [@ASL\_v2.0](#):
>
> Divide up the estate as you will (if there is one, what with how much they charge for assisted living care these days), but leave me out of it.

That’s so very nice of your aunt, but it would save her a stamp to just flush the money directly down the toilet.

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**Author:** ![Bonum\_Legatum](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bonum_legatum/32/6183_2.png) [@Bonum\_Legatum](https://boards.straightdope.com/u/Bonum_Legatum)\
**Post date:** [February 20, 2022, 4:47pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/62 "2022-02-20T16:47:22Z")

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First - I would like to compliment the OP for bringing up this important topic.

> [@Moriarty](#):
>
> Your job is to answer the questions, as accurately, precisely, and narrowly as you can.
> 
> The correct answer to “Do you know what time it is” is either yes or no. It’s not answered by giving the time.

Reminded me of this answer:

_Sir, I am deeply embarrassed and greatly humiliated that due to unforeseen circumstances over which I have no control, the inner workings and hidden mechanism of my chronometer are such in accord with the great **sidereal** movement over which time is commonly reckoned, that I cannot with any degree of accuracy state the exact time , Sir; but without fear of being very far off, I will state that it is so many minutes after the Xth hour._

Found here, but with the bold text corrected.  
[https://www.angelfire.com/trek/nevcal/knowledges.html](https://www.angelfire.com/trek/nevcal/knowledges.html)

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**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\
**Post date:** [February 20, 2022, 11:13pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/63 "2022-02-20T23:13:29Z")

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> [@Velocity](#):
>
> > [@Moriarty](#):
> >
> > Jail calls are always recorded. The prosecutors and police listen to them. Never discuss you case while on such a call. Never discuss any crime on such a call.
> 
> A jail call to an attorney is subject to lawyer-client privilege, though, right?

My experience from the New York prison system:

Phone calls are generally subject to being monitored and recorded. However a prisoner can request an unmonitored phone call to his lawyer, which will be arranged.

Keep in mind I worked in prisons not jails, so different rules apply.

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**Author:** ![Chefguy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chefguy/32/138_2.png) [@Chefguy](https://boards.straightdope.com/u/Chefguy)\
**Post date:** [February 20, 2022, 11:25pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/64 "2022-02-20T23:25:46Z")

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There is an implied 30-day warranty on any work done for you by a contractor, or at least in any state I’ve lived in. You may also have recourse after that period if there is what is called a “[latent defect](https://www.law.cornell.edu/wex/latent_defect#:~:text=A%20hidden%20or%20concealed%20defect,and%20customary%20observation%20or%20inspection.)” in the workmanship. For instance, if a contractor has specified treated lumber for a project and it’s found a year later that rot occurs because the lumber was not really treated, you can probably get satisfaction in claims court.

Never make final payment before work is completed and inspected to your satisfaction. Payment implies acceptance.

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**Author:** ![Isamu](https://avatars.discourse-cdn.com/v4/letter/i/7c8e57/32.png) [@Isamu](https://boards.straightdope.com/u/Isamu)\
**Post date:** [February 21, 2022, 10:58am UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/65 "2022-02-21T10:58:30Z")

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> [@The\_Other\_Waldo\_Pepper](#):
>
> Wouldn’t his death certificate mention not just his name but also his Date Of Birth and Tax ID Number, all of which should match what the bank presumably has on file?

Maybe. But the Tax ID number, for example, would be different in Japan than my Australian one. No country would have a copy of my other one.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [February 21, 2022, 11:44am UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/66 "2022-02-21T11:44:39Z")

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> [@jaycat](#):
>
> > [@Moriarty](#):
> >
> > \*as part of a valid breath test, there is a required 20 minute observation period during which the officer is supposed to make sure you don’t drink water, put anything in your mouth, or regurgitate
> 
> Just how do they stop one from regurgitating?

Yeah, but if they keep doing that it turns into a refusal. Many a DUI subjects try to postpone the test by belching or trying to make themselves gag.

Some other layman things:

\*You do not have a right to see the reading on the radar/laser/vascar unit. People insist they do but they don’t. I have a couple of reasons why I don’t want you getting out of your car along side a busy road.

\*No, you are not automatically 10% at fault in a traffic accident just for being there. That’s a bullshit con insurance adjusters came up with decades ago to lower the amount they pay you for damages. Generally there are only 3 levels of fault: 0, 50%, 100%. YMMV depending on if you’re in a no fault state or a tort state.

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**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\
**Post date:** [February 21, 2022, 5:07pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/67 "2022-02-21T17:07:32Z")

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Anyone who shouts out “I know my rights!” inevitably has no idea what their rights are. It’s just one of those things that’s always true.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [February 21, 2022, 5:19pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/68 "2022-02-21T17:19:18Z")

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> [@Loach](#):
>
> Anyone who shouts out “I know my rights!” inevitably has no idea what their rights are.

And the person who yells, “YOU CAN’T DO THIS” should understand that yes, I can, and have done so on many occasions.

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**Author:** ![dorvann](https://avatars.discourse-cdn.com/v4/letter/d/df705f/32.png) [@dorvann](https://boards.straightdope.com/u/dorvann)\
**Post date:** [February 21, 2022, 5:44pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/69 "2022-02-21T17:44:30Z")

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That and people screaming about HIPAA violations in a non-medical setting.

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**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\
**Post date:** [February 21, 2022, 5:55pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/70 "2022-02-21T17:55:14Z")

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Even worse, people screaming about HIPPA violations. Is that the word for a female 🦛 ? 🤪

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**Author:** ![Max\_S](https://avatars.discourse-cdn.com/v4/letter/m/46a35a/32.png) [@Max\_S](https://boards.straightdope.com/u/Max_S)\
**Post date:** [February 21, 2022, 5:57pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/71 "2022-02-21T17:57:20Z")

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> [@dorvann](#):
>
> HIPAA violations in a non-medical setting

But this is a thing. For example when we send records to an attorney, pursuant to a subpoena, their office becomes subject to the act. And their request in fact says they acknowledge such, in the boilerplate small print.

~Max

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**Author:** ![doreen](https://avatars.discourse-cdn.com/v4/letter/d/858c86/32.png) [@doreen](https://boards.straightdope.com/u/doreen)\
**Post date:** [February 21, 2022, 6:14pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/72 "2022-02-21T18:14:25Z")

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That’s because you work for a health-care provider and the attorneys you are sending the records to therefore become business associates and must comply with HIPAA under at least some circumstances. If your patient requested the records from you and then gave them to their attorney (or their employer) , HIPAA would not apply ( although other regulations might).

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [February 21, 2022, 6:15pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/73 "2022-02-21T18:15:13Z")

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> [@Loach](#):
>
> Anyone who shouts out “I know my rights!” inevitably has no idea what their rights are. It’s just one of those things that’s always true.

There’s also the accused person who asserts that the arrest violates their First Amendment rights.

In Ottawa.

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**Author:** ![Pardel-Lux](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pardel-lux/32/20182_2.png) [@Pardel-Lux](https://boards.straightdope.com/u/Pardel-Lux)\
**Post date:** [February 21, 2022, 8:09pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/74 "2022-02-21T20:09:31Z")

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I recently learned in a thread just [next door](https://boards.straightdope.com/t/canadian-dopers-freedom-convoy/959186) that [Ottawa is in Ohio](https://en.wikipedia.org/wiki/Canada_convoy_protest#American_influence). And also that some ~~intellectually and geographically challenged~~ deluded people live there.

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**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\
**Post date:** [February 21, 2022, 11:23pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/75 "2022-02-21T23:23:17Z")

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> [@The\_Other\_Waldo\_Pepper](#):
>
> Wouldn’t his death certificate mention not just his name but also his Date Of Birth and Tax ID Number, all of which should match what the bank presumably has on file?

My Mom died two months ago. I just looked at her death certificate. It has her date of birth, but not her SSN.

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**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [February 21, 2022, 11:29pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/76 "2022-02-21T23:29:53Z")

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> [@Railer13](#):
>
> My Mom died two months ago. I just looked at her death certificate. It has her date of birth, but not her SSN

Not to pry, but: what state?

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**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\
**Post date:** [February 21, 2022, 11:34pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/77 "2022-02-21T23:34:23Z")

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> [@The\_Other\_Waldo\_Pepper](#):
>
> Not to pry, but: what state?

Kansas

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [February 21, 2022, 11:36pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/78 "2022-02-21T23:36:54Z")

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> [@Northern\_Piper](#):
>
> > [@Loach](#):
> >
> > Anyone who shouts out “I know my rights!” inevitably has no idea what their rights are. It’s just one of those things that’s always true.
> 
> There’s also the accused person who asserts that the arrest violates their First Amendment right

Heh. I had a guy screaming that Abraham Lincoln lived solely to give us freedom of speech and that he had absolute freedom of expression because of Lincoln.

Beating the shit out of your common law wife is a form of expression? Very creative.

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**Author:** ![The\_Other\_Waldo\_Pepper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/the_other_waldo_pepper/32/12370_2.png) [@The\_Other\_Waldo\_Pepper](https://boards.straightdope.com/u/The_Other_Waldo_Pepper)\
**Post date:** [February 21, 2022, 11:40pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/79 "2022-02-21T23:40:38Z")

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> [@Railer13](#):
>
> Kansas

I believe you — and apologize for having gotten this wrong, if it’s no longer the case, or if it never actually was the case — but google just turned up [this](https://www.familysearch.org/en/wiki/img_auth.php/thumb/4/4e/Kansas_death_certificate.jpg/700px-Kansas_death_certificate.jpg) example image of a Kansas death certificate, which displays the SSN right under state of birth, near the top left corner.

I take it hers doesn’t look like that?

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**Author:** ![Railer13](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/railer13/32/9742_2.png) [@Railer13](https://boards.straightdope.com/u/Railer13)\
**Post date:** [February 21, 2022, 11:45pm UTC](https://boards.straightdope.com/t/what-is-legal-stuff-that-most-laymen-ought-to-know/959621/80 "2022-02-21T23:45:56Z")

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> [@The\_Other\_Waldo\_Pepper](#):
>
> I take it hers doesn’t look like that?

I am a damn idiot, and I apologize. Her cert doesn’t look much like that image, but on second (or third or fourth) perusal, I found her SSN. Right after her DOB and Gender.

Sorry about that!

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