1. #36
    probettor1
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    No money here foosball. Sorry. Find a better one. Love to copy and paste.

  2. #37
    d2bets
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    While the OP is obviously legally ignorant, I'm pretty confident that stating your bullshit legal opinions on a message board is not the practice of law. Practice of law involves either representation in court, representation in exchange for consideration or reward or settling legal disputes between parties.

    Now I suppose if he solicits points in exchange for his posts...is that consideration?

  3. #38
    probettor1
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    Justin7, I'm not messing with you anymore. Whatever you say is true. Those points are too hard to get to be lost. Indiana it is.

  4. #39
    durito
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    Quote Originally Posted by probettor1 View Post
    If any one here can copy and paste an article of the law stating that betting is legal outside las Vegas Nevada will be awarded with 100 dollar check. You just have to send me your address. I did copy and paste the article stating it is illegal.
    Advise to all of you: talk just a little about what you know and nothing about what you dont know.
    You have been brainwashed. Is time to open your eyes and look always for the truth.
    Legal and not-illegal are not the same thing.

  5. #40
    d2bets
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    Quote Originally Posted by Justin7 View Post
    Probettor1,

    I promise you this definition is wrong in Indiana. There are situations where you can practice law without receiving money.
    True. A none-lawyer might walk into court claiming to be a lawyer, appear in front of the judge and try a case. That's the practice of law whether or not he gets paid.

    It would also be the practice of law if he claimed to be an attorney and sent a settlement demand or proposal on behalf of a buddy. Again, this is UPL regardless of compensation.

    But it has to be on behalf of or in representation of individuals. There is no reasonable expectation or interpretation under which he is representing anyone by posting his opinion on the internet.
    Points Awarded:

    probettor1 gave d2bets 1 SBR Point(s) for this post.


  6. #41
    MUHerd37
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    Sports betting is at least somewhat legal in 4 states: Nevada, Oregon, Montana, Delaware.

  7. #42
    Justin7
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    Quote Originally Posted by d2bets View Post
    True. A none-lawyer might walk into court claiming to be a lawyer, appear in front of the judge and try a case. That's the practice of law whether or not he gets paid.

    It would also be the practice of law if he claimed to be an attorney and sent a settlement demand or proposal on behalf of a buddy. Again, this is UPL regardless of compensation.

    But it has to be on behalf of or in representation of individuals. There is no reasonable expectation or interpretation under which he is representing anyone by posting his opinion on the internet.
    Representing a person isn't required to practice law. The real issue is: would a person rely on the statement of law? This would be true if the person/lawyer were representing another person. But could a person reasonably rely on an internet statement? If I say "I am licensed in Indiana, and this is the law in Indiana", would you rely on that? If yes, then I was practicing law.

    Now what if I didn't give my qualifications. I listed a legal cite, and said "This is the law." Is that practicing law? Could someone reasonably rely on it? Maybe. And maybe is all you need to get screwed by a state bar disciplinary commission.

    Probettor's post was dangerous, because he included a legal cite, but omitted very important parts or explanations of the statute.

  8. #43
    probettor1
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    d2bets you have been awarded with one point for defending my point in some way. I hope it is not illegal as I'm paying for your service here.

  9. #44
    probettor1
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    Will I be prosecuted for telling people not to bet outside of las vegas? Justin7 you are pushing a little here.

  10. #45
    probettor1
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    All of the sudden it feels like is me making betting illegal. I love betting. I hate this law. I hate that alcohol, cigars, casinos, lotteries are legal and highly advertised and sports betting is illegal. But it does not change a thing.

  11. #46
    sideloaded
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    probettor justin will take you to court

  12. #47
    Justin7
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    Quote Originally Posted by probettor1 View Post
    Will I be prosecuted for telling people not to bet outside of las vegas? Justin7 you are pushing a little here.
    If you say "Don't bet outside Las Vegas, it might be illegal", you are fine. If you say "It is illegal to bet outside Las Vegas", you are at the whim of an attorney for a state bar that might have indigestion from bad eggs.

  13. #48
    Shaudius
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    Quote Originally Posted by Justin7 View Post
    Representing a person isn't required to practice law. The real issue is: would a person rely on the statement of law? This would be true if the person/lawyer were representing another person. But could a person reasonably rely on an internet statement? If I say "I am licensed in Indiana, and this is the law in Indiana", would you rely on that? If yes, then I was practicing law.
    Your example doesn't flow from your issue statement. The practice of law doesn't have to do with reliance, it has to do with the application of law to facts. A mere statement of the law even by someone erroneously holding themselves out as a lawyer is not in and of itself the unauthorized practice of law(it may be other things but it is not the unauthorized practice of law) in any jurisdictions I am aware of. Additionally, simply stating what the law is is not the unauthorized practice of law either. Nor is the combination of the two. The unauthorized practice is law, as I stated at the beginning, is the application of law to a specific set of circumstances that amounts to legal advice or representation. So no, saying, "I am licensed in Indiana, and this is the law" is not the unauthorized practice of law, generally speaking. Although me saying, "I am licensed in Indiana, and this is the law" is not the unauthorized practice of law" may, in and of itself, be the unauthorized practice of law depending on the context.

  14. #49
    JohnGalt2341
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    My Cousin Vinny handles all of my legal issues. I don't even know if he's a real lawyer.
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  15. #50
    probettor1
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    I'm not a lawyer. Can you believe that?

  16. #51
    probettor1
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    Justin7 can I issue a complaing against you? You are scaring me.

  17. #52
    probettor1
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    Just kidding justin7

  18. #53
    Justin7
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    Quote Originally Posted by Shaudius View Post
    Your example doesn't flow from your issue statement. The practice of law doesn't have to do with reliance, it has to do with the application of law to facts. A mere statement of the law even by someone erroneously holding themselves out as a lawyer is not in and of itself the unauthorized practice of law(it may be other things but it is not the unauthorized practice of law) in any jurisdictions I am aware of. Additionally, simply stating what the law is is not the unauthorized practice of law either. Nor is the combination of the two. The unauthorized practice is law, as I stated at the beginning, is the application of law to a specific set of circumstances that amounts to legal advice or representation. So no, saying, "I am licensed in Indiana, and this is the law" is not the unauthorized practice of law, generally speaking. Although me saying, "I am licensed in Indiana, and this is the law" is not the unauthorized practice of law" may, in and of itself, be the unauthorized practice of law depending on the context.
    There are a couple reasons making conclusory statements of law could be considered the unlicensed practice of law. First, some courts deem it.

    Second, other courts use a reliance test. But I don't have time to find the "cocktail napkin" case I remember (would a reasonable person rely on advice a drunk lawyer writes on a cocktail napkin?).
    Last edited by SBRAdmin3; 07-03-14 at 10:22 AM.

  19. #54
    gauchojake
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    Paragraphs are apparently illegal in this thread.
    Points Awarded:

    LordVodka gave gauchojake 1 SBR Point(s) for this post.


  20. #55
    Shaudius
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    Quote Originally Posted by Justin7 View Post
    There are a couple reasons making conclusory statements of law could be considered the unlicensed practice of law. First, some courts deem it.

    Second, other courts use a reliance test. But I don't have time to find the "cocktail napkin" case I remember (would a reasonable person rely on advice a drunk lawyer writes on a cocktail napkin?).
    Your second paragraph hits the nail on the head of what I'm getting at. The key word that you used is advice and your first paragraph alluded to it(conclusory statements, as I read it, conclusions based on facts). Statements of the law are not advice they are statements of the law. Telling someone, "Indiana Revised Code Section 402.32 states "blah blah blah"" is not the practice of law, it is serving as an encyclopedia. Your cocktail napkin probably went beyond this though, they have provided advice. Advice being the application of law to facts. One could make the case that knowing facts and state them in response to a question posed by someone is the unauthorized practice of law, but I fail to see how anyone could distribute any information at all about anything if unsolicited statements of the law were the unauthorized practice of law. If this were to be the case anyone who edits a Wikipedia page on the laws of any jurisdiction where they are not authorized to practice law would be committing the unauthorized practice of law and this is certainly not the case, and I don't think that any court of competent jurisdiction would rule it to be the case.
    Last edited by SBRAdmin3; 07-03-14 at 10:22 AM.
    Nomination(s):
    This post was nominated 1 time . To view the nominated thread please click here. People who nominated: probettor1

  21. #56
    sumon1990
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    Is it illegal actually?

    there is wrong in your idea, I think. It's not illegal as it is not omitted or banned.

  22. #57
    Ez Money 77
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    Im only basing this on what I have read and heard but from what I have learned is that it is not illegal to place bets over the internet but it is illegal to book them. Another thing that most people don't know is that it is illegal to make a wager of any amount (even $1) with anyone in person;friend,family co-worker. Also any home card game even for pennies is also against the law. I live in California and this is the case here. Its not like the police do anything about this but by law they could.

  23. #58
    Coming Back!
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    The Op has no clue what he's talking about. This thread sux

  24. #59
    probettor1
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    Ez money I hope you know more about sports betting that what you know about law otherwise you will be ez money for the bookies.

  25. #60
    paranoyd androyd
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    internet sportsbetting for those who reside within the USA is illegal, breaks a few federal laws including money laundering

  26. #61
    tarheelfan72
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    You know what. There is no clear cut answer to this question. You know what else. If 15 million people gamble on sports in this country and not one single person ever has been prosecuted for making a bet on the internet, I'll just take my chances even if it is illegal.

    You have a better chance of winning the lottery than you do of getting in trouble for gambling on the internet. So just shut the hell up.

  27. #62
    probettor1
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    Money laundering?, come on give a break, did you read the thread, in case you get caught is just a mesdemeanor. Money laundering is a felony. To do money laundering you need to be using dirty money. Money from drugs or any other illegal activity. If you bet the money you work how can it be money laundering. Where do people get the info here. I love copy and paste. You guys shoud try it.

  28. #63
    vividjohn45
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    Quote Originally Posted by probettor1 View Post
    I receive an infraction for insulting someone: Justin7. kindred was the one starting with the insults. I hope he get an infraction too(just kidding). Any way, you are right, I myself learn something here today, in some states it is just a petty. I hate the fact that it is illegal in the other states. Just want to apologies to Justin7. I love you guys. Not gay love, just love as we all love betting and freedom. Have a great night and a successfull betting carreer all of you.
    just be careful you don't recieve the "sbr infraction up your ass." and you will be alrite pro-misdemeanorbettor1.
    Points Awarded:

    probettor1 gave vividjohn45 1 SBR Point(s) for this post.


  29. #64
    vividjohn45
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    Quote Originally Posted by paranoyd androyd View Post
    internet sportsbetting for those who reside within the USA is illegal, breaks a few federal laws including money laundering
    wrong. usdoj gave americans back their deposits pokerstars.

  30. #65
    paranoyd androyd
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    ^^ nice strawman.

  31. #66
    vividjohn45
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    federal law sportsbetting internet. felony to book/ nothing to bettor

    statelaw (depends on state) felony to book/ misdemenor to bettor

    problem is a bunch of parking tickets. (misdemeanor)

  32. #67
    baskets
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    is this guy a 'bot'?

  33. #68
    vividjohn45
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    Quote Originally Posted by paranoyd androyd View Post
    ^^ nice strawman.

    is strawman something like straw dick?

  34. #69
    vividjohn45
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    Quote Originally Posted by baskets View Post
    is this guy a 'bot'?

    bot Dick

    botbotbotbotbotbotbot

  35. #70
    vividjohn45
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    Quote Originally Posted by vividjohn45 View Post
    federal law sportsbetting internet. felony to book/ nothing to bettor

    statelaw (depends on state) felony to book/ misdemenor to bettor

    problem is a bunch of parking tickets. (misdemeanor)

    like myself i play online poker a lot, so i got a bunch of parking tickets. i just don't park downtown much (sportsbetting) little bit closer to city hall and municipal police force. if you catch my drift.

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