one of my friends refered to Matt as my Spice before we were married. I like that one
Lie to me
I rewatch that one a lot
I'm a vision of hotliness, and how weird is that? Mystical comas. You know, if you can stand the horror of a higher power hijacking your mind and body so that it can give birth to itself, I really recommend 'em.
Cordelia ,'You're Welcome'
Spike's Bitches 44: It's about the rules having changed.
[NAFDA] Spike-centric discussion. Lusty, lewd (only occasionally crude), risqué (and frisqué), bawdy (Oh, lawdy!), flirty ('cuz we're purty), raunchy talk inside. Caveat lector.
beth b - Oct 07, 2009 7:05:47 pm PDT #25654 of 30000
oh joy! Oh Rapture ! I have a brain!
erikaj - Oct 07, 2009 7:11:30 pm PDT #25655 of 30000
Always Anti-fascist!
We used to have it(not me, but Arizona) What changed?
Vortex - Oct 07, 2009 7:14:15 pm PDT #25656 of 30000
"Cry havoc and let slip the boobs of war!" -- Miracleman
Common law marriage is recognized only in the following states:
Are you sure about DC? When I was working with the grand jury when I was clerking, we had a spousal privilege issue and determined that the district didn't recognize it. Of course, this was 10 years ago, so it may have changed.
§ ita § - Oct 07, 2009 7:15:45 pm PDT #25657 of 30000
Well not canonically, no, but this is transformative fiction.
Vortex--while I'm getting clarification about all sorts of things, can you answer me something about spousal privilege? Is it that a spouse cannot testify, or that you can't force a spouse to testify?
Vortex - Oct 07, 2009 7:18:54 pm PDT #25658 of 30000
"Cry havoc and let slip the boobs of war!" -- Miracleman
You cannot force the spouse to testify. Also, I don't think that they can testify if the spouse on trial objects.
§ ita § - Oct 07, 2009 7:34:04 pm PDT #25659 of 30000
Well not canonically, no, but this is transformative fiction.
I don't think that they can testify if the spouse on trial objects.
Which, really, if you're guilty and you told your spouse something to that effect, wouldn't you?
That rule never made sense to me. I can see not being able to force them, if we want to esteem the bond of marriage over the rest of law (dubious, but whatever), but making it so that it's not *my* choice to testify if the man I married turns out to be a mass murderer? That's so not fair.
Vortex - Oct 07, 2009 8:59:43 pm PDT #25660 of 30000
"Cry havoc and let slip the boobs of war!" -- Miracleman
The privilege belongs to the person that is on trial. Just like the psychiatrist can't testify to crimes that you may have confessed in session, the spouse can't testify to marriage pillow talk.
§ ita § - Oct 07, 2009 9:13:01 pm PDT #25661 of 30000
Well not canonically, no, but this is transformative fiction.
See, in doctor patient privilege, I get that. There's a dichotomy there--hell it's part and parcel for me why you don't schtup your doctor--to maintain that remove. I get most of the things they do to protect the accused lawyer/client, priest/supplicant, doctor/patient but they all have two different roles. So it parses out to me that the wife can't testify against her husband. Very few shows seem to play it so that it ever comes up that it's a matter of the husband testifying, and it just reinforces a hierarchy in the relationship.
Marriage pillow talk of "I made purses out of their genitalia and sold them for thousands of dollars back to their mothers." deserves no privilege I don't want to give it. I would like to have the right to run screaming very loudly away.
Vortex - Oct 07, 2009 9:15:13 pm PDT #25662 of 30000
"Cry havoc and let slip the boobs of war!" -- Miracleman
I would like to have the right to run screaming very loudly away.
you may, and you can even talk about it in your divorce proceeding, because the privilege only applies to criminal cases.
bon bon - Oct 07, 2009 9:16:22 pm PDT #25663 of 30000
It's five thousand for kissing, ten thousand for snuggling... End of list.
I was randomly in this thread b/c of earwax...anyway there are two privileges -- the right to prevent a spouse from testifying, and the privilege of communications between spouses.
In federal court the witness spouse can choose not to testify. In most state courts the party spouse can elect not to have the spouse testify.
As for the second privilege, it's more complicated -- it belongs to the person who communicated the material, unless it is a criminal case where the victim in the spouse or a civil case between spouses.