Posts Tagged thoughts….
Cohabitation is not needed anymore for Palimony according to NJ Judge. What are your thoughts on this?
Posted by admin in Court Ordered Rehabilitation on February 20, 2011
Question by Khankrumthebulgar: Cohabitation is not needed anymore for Palimony according to NJ Judge. What are your thoughts on this?
Palimony ruling sets precedent in Jersey
Justices: Cohabitation is not the only factor
Wednesday, June 18, 2008
BY TOM HESTER
Star-Ledger Staff
In a decision described as the first of its type in the nation, the state Supreme Court ruled yesterday that a couple does not have to live together in order for one partner to sue the other for palimony after a breakup.
The high court ruled that judges should consider the “entirety” of a couple’s relationship, and that cohabitation is only one factor in deciding whether they had a “marital-type relationship.”
The ruling overturned an appeals court decision last year that said there is no basis for a palimony suit unless a couple lived together.
“It is the promise of support, expressed or implied, coupled with a marital-type relationship, that are the indispensable elements to support a valid claim of palimony,” Justice John Wallace wrote for the court.
The high court was ruling in the case of a former North Bergen woman who was attempting to sue a prominent, wealthy and married Manhattan ophthalmologist for palimony after he ended a 20-year relationship.
“This is the first ruling of its type in the country,” said William Goldberg, the Hackensack-based attorney for the defendant in the case, retired ophthalmologist Francis L’Esperance, 75. “I don’t remember any case in the United States ever permitting recovery where cohabitation did not exist. This is the first case that says there does not necessarily have to be a ‘bright-line’ requirement that cohabitation must exist, but it certainly is the most significant factor.”
Alan Zegas, a Chatham-based family law attorney, said the decision is precedent-setting.
“The court appears to be evaluating the case in terms of requiring lower courts to examine whether promises were made that would cause one of the partners to believe a relationship existed, that it was similar to a marriage,” he said. “I think the door is now wide open on these types of claims.”
The justices left it up to Superior Court judges to determine when there is grounds for a palimony suit. Palimony is a court-ordered allowance paid by one member of an unmarried couple following a breakup. Alimony payments involve married couples.
“The Family Court is well equipped to consider highly personal facts and to determine whether a plaintiff’s claim for support based on a marital-type relationship has merit,” Wallace wrote.
The New Jersey courts have ruled since 1979 that cohabitation was necessary to bring a palimony suit. Prior to that year, the courts would not enforce support claims involving unmarried couples or married couples not living with their spouses.
The ruling did not help the woman who made the palimony claim, Helen Devaney, 47, now of Brooklyn. The justices turned away Devaney’s contention that an unsuccessful effort to conceive a child with L’Esperance in 2003 “demonstrates that their relationship was sufficiently akin to a marriage.”
They found she did not present enough evidence to uphold her palimony claim. L’Esperance, a pioneer in laser eye surgery, provided Devaney with money and a condominium in North Bergen.
Devaney was 23 and L’Esperance 51 when she went to work for him in 1983. After a few months, their relationship became intimate. She knew he was married, but he told her he planned to get a divorce. The couple saw each other no more than two or three evenings each week and sometimes one day on the weekend. During the seven years Devaney lived in the condo, L’Esperance spent no more than seven nights there, according to the decision.
The justices noted the trial judge found Devaney relied on L’Esperance’s promises to take care of her and she eventually became financially dependent on L’Esperance.
“As the trial judge so aptly phrased it,” Wallace wrote, “‘the parties’ relationship was best characterized as a dating relationship.’”
Tom Hester may be reached at thester@starledger.com or (609) 292-0557.
Best answer:
Answer by johno
That is ridiculous! I’m glad she didn’t get any money, she is probably just pis*ed about wasted many years of her life. It’s not the guys fault why should he have to pay, can’t she work?
What do you think? Answer below!
whats your thoughts on harm reduction?
Posted by admin in Uncategorized on May 2, 2010
Prohibition does not prevent cannabis use by children or the mentally ill, the vulnerable populations whom we supposedly want to protect. Instead, cannabis prohibition makes it more difficult for parents, patients, society, doctors and law enforcement to control cannabis use.
The Drug War makes honest education about cannabis impossible, and leaves cannabis users marginalized in ways that make their lives more stressful.
This stress is unhealthy for everyone, but it is certainly most damaging to people with schizophrenia.
Cannabis prohibition is not merely a failure; it is a counterproductive fraud that is harming those whom we claim we want to protect.
There are currently more teens in treatment centers for marijuana in comparison to those admitted for alcohol.
Only an idiot would have to ask why alcohol is not the no#1 problem
after all alcohol is perfectly legal ( If you are 21.)
That is due to responsible people handling alcohol by way of the carding and id system.
Contraband markets make no age disgression.
Since the crackdown on tobacco there are 75% fewer teens trying or using tobacco.
However when it comes to cannabis and other illicit substances it’s a whole
other ball game.
Control, regulation and better education work prohibition, dose not.
Or as John Walters of the ondcp (Office for national drug control policy) calls it “ a war on drugs” (Sorry John but it’s true look at the Netherlands)
America loves a war even if it is on it’s own people.
One of several reason they don’t legalize drugs is not because of the harm of drugs,
But people would lose more money in the long run.
Some of the people behind the support of this irrational so called war are
The tobacco industry,
the alcohol and distilled spirit industry ( people simply don’t drink as much, or decide not to drink at all with cannabis meaning a decline in there sales.
The pharmaceutical corporations can not make money on whole or raw cannabis, but they can charge an arm and a leg for there synthetic Marinol (dronabinol) CIII.
The textile and paper industry would lose out from hemp production, since hemp dose not need to go through all the various processes that ordinary tree products would. Also it’s possible to get two harvest in one season.
However people don’t know the difference between industrial hemp and smokeable cannabis, yet they are able to distinguish between the two in other country’s like Germany, the UK , Netherlands and even Canada, but our `DEA agents are so dumb they cant tell the difference between a stalk and a bush.
Also people who have any knowledge of growing high quality cannabis will tell you that male plants should never be grown next to your high grade female plants,
(unless of course you want to pollinate for future seed production).
When it comes to farming hemp the males are left in tact to pollinate the females and produce as much seed as possible.
This would mean a seedy mess for the pot smoker to clean up and produce undesirable future generations of smokeable cannabis.
If anything, Hemp farming would be anti marijuana and would harm any outdoor pot farming within a one mile radius of any hemp farm.
The petroleum industry would also be affected, since almost everything that can be made from petroleum can be synthesized from hemp oil, everything from bio fuel to even plastics. If North America would use a third of it’s land for hemp production we could create enough bio fuel to supply an area the size of Canada.
Now also for a moment consider how many people are incarcerated over just cannabis who are currently in the prisons and jails.
If cannabis were legalized and all inmates serving time for cannabis were freed there would be an over abundance of empty cells, and millions of guards in this country would be no longer needed.
The prison building industry would almost be obsolete (, and if all drugs were legalized that would mean even more empty cells).
So the prison system must have some means of gaining more inmates.
Not to mention other areas such as treatment centers, probation. Etc.
or HIDTA high intensity drug traffic areas where money is fed in to law enforcement,
(they would miss there green $$$)
Drugs , not even alcohol are the cause of the fundamental ills of society, rather than checking people for the presence of drugs, they should first test people for stupidity, ignorance, greed and love of power.
You should also check out LAW ENFORCEMENT AGAINST PROHIBITION at
www.Leap.cc
drugs drugs drugs legalize it all,whats your thoughts?
Posted by admin in Uncategorized on April 28, 2010
Prohibition does not prevent cannabis use by children or the mentally ill, the vulnerable populations whom we supposedly want to protect. Instead, cannabis prohibition makes it more difficult for parents, patients, society, doctors and law enforcement to control cannabis use.
The Drug War makes honest education about cannabis impossible, and leaves cannabis users marginalized in ways that make their lives more stressful.
This stress is unhealthy for everyone, but it is certainly most damaging to people with schizophrenia.
Cannabis prohibition is not merely a failure; it is a counterproductive fraud that is harming those whom we claim we want to protect.
There are currently more teens in treatment centers for marijuana in comparison to those admitted for alcohol.
Only an idiot would have to ask why alcohol is not the no#1 problem
after all alcohol is perfectly legal ( If you are 21.)
That is due to responsible people handling alcohol by way of the carding and id system.
Contraband markets make no age disgression.
Since the crackdown on tobacco there are 75% fewer teens trying or using tobacco.
However when it comes to cannabis and other illicit substances it’s a whole
other ball game.
Control, regulation and better education work prohibition, dose not.
Or as John Walters of the ondcp (Office for national drug control policy) calls it “ a war on drugs” (Sorry John but it’s true look at the Netherlands)
America loves a war even if it is on it’s own people.
One of several reason they don’t legalize drugs is not because of the harm of drugs,
But people would lose more money in the long run.
Some of the people behind the support of this irrational so called war are
The tobacco industry,
the alcohol and distilled spirit industry ( people simply don’t drink as much, or decide not to drink at all with cannabis meaning a decline in there sales.
The pharmaceutical corporations can not make money on whole or raw cannabis, but they can charge an arm and a leg for there synthetic Marinol (dronabinol) CIII.
The textile and paper industry would lose out from hemp production, sinse hemp dose not need to go through all the various processes that ordinary tree products would. Also it’s possible to get two harvest in one season.
However people don’t know the difference between industrial hemp and smokeable cannabis, yet they are able to distinguish between the two in other country’s like Germany, the UK , Netherlands and even Canada, but our `DEA agents are so dumb they cant tell the difference between a stalk and a bush.
Also people who have any knowledge of growing high quality cannabis will tell you that male plants should never be grown next to your high grade female plants,
(unless of course you want to pollinate for future seed production).
When it comes to farming hemp the males are left in tact to pollinate the females and produce as much seed as possible.
This would mean a seedy mess for the pot smoker to clean up and produce undesirable future generations of smokeable cannabis.
If anything, Hemp farming would be anti marijuana and would harm any outdoor pot farming within a one mile radius of any hemp farm.
The petroleum industry would also be affected, sinse almost everything that can be made from petroleum can be synthesized from hemp oil, everything from bio fuel to even plastics. If North America would use a third of it’s land for hemp production we could create enough bio fuel to supply an area the size of Canada.
Now also for a moment consider how many people are incarcerated over just cannabis who are currently in the prisons and jails.
If cannabis were legalized and all inmates serving time for cannabis were freed there would be an over abundance of empty cells, and millions of guards in this country would be no longer needed.
The prison building industry would almost be obsolete ( and if all drugs were legalized that would mean even more empty cells).
So the prison system must have some means of gaining more inmates.
Not to mention other areas such as treatment centers, probation.etc
or HIDTA high intensity drug traffic areas where money is fed in to law enforcement,
(they would miss there green $$$)
Drugs , not even alcohol are the cause of the fundamental ills of society, rather than checking people for the presence of drugs, they should first test people for stupidity, ignorance, greed and love of power.
Also check out Law Enforcement Against Prohibition at
www.leap.cc
some officers are saying legalize drugs,whats your thoughts?
Posted by admin in Uncategorized on April 27, 2010
Prohibition does not prevent cannabis use by children or the mentally ill, the vulnerable populations whom we supposedly want to protect. Instead, cannabis prohibition makes it more difficult for parents, patients, society, doctors and law enforcement to control cannabis use.
The Drug War makes honest education about cannabis impossible, and leaves cannabis users marginalized in ways that make their lives more stressful.
This stress is unhealthy for everyone, but it is certainly most damaging to people with schizophrenia.
Cannabis prohibition is not merely a failure; it is a counterproductive fraud that is harming those whom we claim we want to protect.
There are currently more teens in treatment centers for marijuana in comparison to those admitted for alcohol.
Only an idiot would have to ask why alcohol is not the no#1 problem
after all alcohol is perfectly legal ( If you are 21.)
That is due to responsible people handling alcohol by way of the carding and id system.
Contraband markets make no age disgression.
Since the crackdown on tobacco there are 75% fewer teens trying or using tobacco.
However when it comes to cannabis and other illicit substances it’s a whole
other ball game.
Control, regulation and better education work prohibition, dose not.
Or as John Walters of the ondcp (Office for national drug control policy) calls it “ a war on drugs” (Sorry John but it’s true look at the Netherlands)
America loves a war even if it is on it’s own people.
One of several reason they don’t legalize drugs is not because of the harm of drugs,
But people would lose more money in the long run.
Some of the people behind the support of this irrational so called war are
The tobacco industry,
the alcohol and distilled spirit industry ( people simply don’t drink as much, or decide not to drink at all with cannabis meaning a decline in there sales.
The pharmaceutical corporations can not make money on whole or raw cannabis, but they can charge an arm and a leg for there synthetic Marinol (dronabinol) CIII.
The textile and paper industry would lose out from hemp production, since hemp dose not need to go through all the various processes that ordinary tree products would. Also it’s possible to get two harvest in one season.
However people don’t know the difference between industrial hemp and smokeable cannabis, yet they are able to distinguish between the two in other country’s like Germany, the UK , Netherlands and even Canada, but our `DEA agents are so dumb they cant tell the difference between a stalk and a bush.
Also people who have any knowledge of growing high quality cannabis will tell you that male plants should never be grown next to your high grade female plants,
(unless of course you want to pollinate for future seed production).
When it comes to farming hemp the males are left in tact to pollinate the females and produce as much seed as possible.
This would mean a seedy mess for the pot smoker to clean up and produce undesirable future generations of smokeable cannabis.
If anything, Hemp farming would be anti marijuana and would harm any outdoor pot farming within a one mile radius of any hemp farm.
The petroleum industry would also be affected, since almost everything that can be made from petroleum can be synthesized from hemp oil, everything from bio fuel to even plastics. If North America would use a third of it’s land for hemp production we could create enough bio fuel to supply an area the size of Canada.
Now also for a moment consider how many people are incarcerated over just cannabis who are currently in the prisons and jails.
If cannabis were legalized and all inmates serving time for cannabis were freed there would be an over abundance of empty cells, and millions of guards in this country would be no longer needed.
The prison building industry would almost be obsolete (, and if all drugs were legalized that would mean even more empty cells).
So the prison system must have some means of gaining more inmates.
Not to mention other areas such as treatment centers, probation. Etc.
or HIDTA high intensity drug traffic areas where money is fed in to law enforcement,
(they would miss there green $$$)
Drugs , not even alcohol are the cause of the fundamental ills of society, rather than checking people for the presence of drugs, they should first test people for stupidity, ignorance, greed and love of power.
You should also check out LAW ENFORCEMENT AGAINST PROHIBITION at
www.Leap.cc
do you think we should legalise all drugs from pot to speed,whats your thoughts?
Posted by admin in Uncategorized on April 26, 2010
Prohibition does not prevent cannabis use by children or the mentally ill, the vulnerable populations whom we supposedly want to protect. Instead, cannabis prohibition makes it more difficult for parents, patients, society, doctors and law enforcement to control cannabis use.
The Drug War makes honest education about cannabis impossible, and leaves cannabis users marginalized in ways that make their lives more stressful.
This stress is unhealthy for everyone, but it is certainly most damaging to people with schizophrenia.
Cannabis prohibition is not merely a failure; it is a counterproductive fraud that is harming those whom we claim we want to protect.
There are currently more teens in treatment centers for marijuana in comparison to those admitted for alcohol.
Only an idiot would have to ask why alcohol is not the no#1 problem
after all alcohol is perfectly legal ( If you are 21.)
That is due to responsible people handling alcohol by way of the carding and id system.
Contraband markets make no age disgression.
Since the crackdown on tobacco there are 75% fewer teens trying or using tobacco.
However when it comes to cannabis and other illicit substances it’s a whole
other ball game.
Control, regulation and better education work prohibition, dose not.
Or as John Walters of the ondcp (Office for national drug control policy) calls it “ a war on drugs” (Sorry John but it’s true look at the Netherlands)
America loves a war even if it is on it’s own people.
One of several reason they don’t legalize drugs is not because of the harm of drugs,
But people would lose more money in the long run.
Some of the people behind the support of this irrational so called war are
The tobacco industry,
the alcohol and distilled spirit industry ( people simply don’t drink as much, or decide not to drink at all with cannabis meaning a decline in there sales.
The pharmaceutical corporations can not make money on whole or raw cannabis, but they can charge an arm and a leg for there synthetic Marinol (dronabinol) CIII.
The textile and paper industry would lose out from hemp production, sinse hemp dose not need to go through all the various processes that ordinary tree products would. Also it’s possible to get two harvest in one season.
However people don’t know the difference between industrial hemp and smokeable cannabis, yet they are able to distinguish between the two in other country’s like Germany, the UK , Netherlands and even Canada, but our `DEA agents are so dumb they cant tell the difference between a stalk and a bush.
Also people who have any knowledge of growing high quality cannabis will tell you that male plants should never be grown next to your high grade female plants,
(unless of course you want to pollinate for future seed production).
When it comes to farming hemp the males are left in tact to pollinate the females and produce as much seed as possible.
This would mean a seedy mess for the pot smoker to clean up and produce undesirable future generations of smokeable cannabis.
If anything, Hemp farming would be anti marijuana and would harm any outdoor pot farming within a one mile radius of any hemp farm.
The petroleum industry would also be affected, sinse almost everything that can be made from petroleum can be synthesized from hemp oil, everything from bio fuel to even plastics. If North America would use a third of it’s land for hemp production we could create enough bio fuel to supply an area the size of Canada.
Now also for a moment consider how many people are incarcerated over just cannabis who are currently in the prisons and jails.
If cannabis were legalized and all inmates serving time for cannabis were freed there would be an over abundance of empty cells, and millions of guards in this country would be no longer needed.
The prison building industry would almost be obsolete ( and if all drugs were legalized that would mean even more empty cells).
So the prison system must have some means of gaining more inmates.
Not to mention other areas such as treatment centers, probation.etc
or HIDTA high intensity drug traffic areas where money is fed in to law enforcement,
(they would miss there green $$$)
Drugs , not even alcohol are the cause of the fundamental ills of society, rather than checking people for the presence of drugs, they should first test people for stupidity, ignorance, greed and love of power.
Also check out Law Enforcement Against Prohibition at
www.leap.cc
drugs should be legal tell me your thoughts?
Posted by admin in Uncategorized on April 26, 2010
Prohibition does not prevent cannabis use by children or the mentally ill, the vulnerable populations whom we supposedly want to protect. Instead, cannabis prohibition makes it more difficult for parents, patients, society, doctors and law enforcement to control cannabis use.
The Drug War makes honest education about cannabis impossible, and leaves cannabis users marginalized in ways that make their lives more stressful.
This stress is unhealthy for everyone, but it is certainly most damaging to people with schizophrenia.
Cannabis prohibition is not merely a failure; it is a counterproductive fraud that is harming those whom we claim we want to protect.
There are currently more teens in treatment centers for marijuana in comparison to those admitted for alcohol.
Only an idiot would have to ask why alcohol is not the no#1 problem
after all alcohol is perfectly legal ( If you are 21.)
That is due to responsible people handling alcohol by way of the carding and id system.
Contraband markets make no age disgression.
Since the crackdown on tobacco there are 75% fewer teens trying or using tobacco.
However when it comes to cannabis and other illicit substances it’s a whole
other ball game.
Control, regulation and better education work prohibition, dose not.
Or as John Walters of the ondcp (Office for national drug control policy) calls it “ a war on drugs” (Sorry John but it’s true look at the Netherlands)
America loves a war even if it is on it’s own people.
One of several reason they don’t legalize drugs is not because of the harm of drugs,
But people would lose more money in the long run.
Some of the people behind the support of this irrational so called war are
The tobacco industry,
the alcohol and distilled spirit industry ( people simply don’t drink as much, or decide not to drink at all with cannabis meaning a decline in there sales.
The pharmaceutical corporations can not make money on whole or raw cannabis, but they can charge an arm and a leg for there synthetic Marinol (dronabinol) CIII.
The textile and paper industry would lose out from hemp production, sinse hemp dose not need to go through all the various processes that ordinary tree products would. Also it’s possible to get two harvest in one season.
However people don’t know the difference between industrial hemp and smokeable cannabis, yet they are able to distinguish between the two in other country’s like Germany, the UK , Netherlands and even Canada, but our `DEA agents are so dumb they cant tell the difference between a stalk and a bush.
Also people who have any knowledge of growing high quality cannabis will tell you that male plants should never be grown next to your high grade female plants,
(unless of course you want to pollinate for future seed production).
When it comes to farming hemp the males are left in tact to pollinate the females and produce as much seed as possible.
This would mean a seedy mess for the pot smoker to clean up and produce undesirable future generations of smokeable cannabis.
If anything, Hemp farming would be anti marijuana and would harm any outdoor pot farming within a one mile radius of any hemp farm.
The petroleum industry would also be affected, sinse almost everything that can be made from petroleum can be synthesized from hemp oil, everything from bio fuel to even plastics. If North America would use a third of it’s land for hemp production we could create enough bio fuel to supply an area the size of Canada.
Now also for a moment consider how many people are incarcerated over just cannabis who are currently in the prisons and jails.
If cannabis were legalized and all inmates serving time for cannabis were freed there would be an over abundance of empty cells, and millions of guards in this country would be no longer needed.
The prison building industry would almost be obsolete ( and if all drugs were legalized that would mean even more empty cells).
So the prison system must have some means of gaining more inmates.
Not to mention other areas such as treatment centers, probation.etc
or HIDTA high intensity drug traffic areas where money is fed in to law enforcement,
(they would miss there green $$$)
Drugs , not even alcohol are the cause of the fundamental ills of society, rather than checking people for the presence of drugs, they should first test people for stupidity, ignorance, greed and love of power.
Also check out Law Enforcement Against Prohibition at
www.leap.cc
My opinion – your thoughts….? (Ref: what do do with our Judicial/Prison system in America)?
Posted by admin in Uncategorized on February 12, 2010
My Opinion: #1 -We need to nationally mandate an at least 50% cut in the number of appeals that a convicted felon gets. This would (upfront) save the tax payers lots of $$$ and help with the courts congestion problem. #2 – We need to nationally mandate a 3 strike policy (like California has for any crimes) for any criminal convicted of a violent offense (Not necessarily all 3 crimes must be of violent nature – just 1) #3 – We need to nationally mandate a 2 strike policy for anyone convicted as a sexual predator (Level 2 & 3). The 2nd strike can be failing to register or not following your rehabilitation/probation policies.
** After the 3rd strike or the 2nd strike (for sexual offenders) these people will be locked up for life w/out chance of parole or means of rehabilitation. The current maximum security prisons will be used to house these inmates only (in solitary confinement if necessary) where the tax payer $$$ spent will only go to security and food for the inmates; no other luxuries.
Then you take the people who commit lesser crimes and you can put them in the minimum security prisons where you would spend the money to rehabilitate them. Part of that would be to learn a trade, get an education, learn to read and do basic math (all of these would need to be requirements met before they could be released).
** NOTE ** There are 2 types of criminals – ones who commit them b/c of life circumstance (you are in poverty, poor education, etc so you rob, you steal, your hussel because you feel that is what you HAVE to do to survive). And then there are people with mental issues (chemical imbalances, bi-polar, etc who kill, rape, murder because the do not have the mental capacity to either not do it or to not know it is wrong). ***
These people who commit crimes for pleasure, mental instability are are ones who cannot be rehabilitated and are the ones that we see repeat crimes over and over again. If once they have proven that they cannot be rehabilitated, treated by taking medicine (and can prove that they will do so on their own once released) and they then commit a 3rd crime of violent or sexual nature, they will then be put away for life where society will not have to watch them re-commit5, 6, 7 times – draining the tax payers money & hurting more people.
The problem occurs when we mix these types with the other criminals who don’t commit crimes for the same reason and in prison learn these attributes from the others. So now a person who was once able to be rehabilitated, cannot be done so b/c he or she has learned a whole new life inside prison walls; and that is to cheat, kill, do whatever to survive in there and they do it for so long, that it becomes part of their life and mind (which leads to more crime once released).
Set the two crime doers apart- rehabilitate the ones you can and the ones who have shown they cannot and do not deserve a 2nd & 3rd chance should NOT be allowed a 4th – ever.
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