Well, we all have heard the stories, seen the apology broadcast live on network news around the world (really "news" journalists?), and been inundated with details of cocktail waitresses and V.I.P. hostesses, but what I have yet to read is a good legal analysis of what is going on with Tiger Woods. Fear not friends, The Hypotenuse is ready to deliver regarding the legal goods on Tiger.
1. The 5th Amendment Still Exists: Despite the Constitution's demise in some well publicized areas (See torture memos.), the 5th Amendment still protects our right against self-incrimination. Translation: Tiger didn't have to talk to the cops and neither do you.
2. You Can Pay People Hush Money: You can contract to do a lot of things in America, including to be quiet. While The Hypotenuse certainly does not know either way as to the veracity of the claims, there have been numerous reports in media outlets that Tiger paid hush money to women. So, yes, you can pay people not to talk. In fact, when many civil cases settle, confidentiality clauses are signed.
3. The Line Between Hush Money and Extortion is Very Thin: See Letterman, David. While it appears from various reports some of Tiger's women received hush money, the line between paying someone money to be quiet and being charged with criminal extortion is very thin and should be treaded on lightly.
4. Cheating Leads to Divorce: Who knows what will happen with Tiger and Elin? But, in North Carolina, for two people to become divorced all that you need is essentially for the marital parties to live separate and apart for one year and intent on the part of one person not to remain married. That's a pretty low bar for a divorce decree.
5. In North Carolina, Civil Remedies Exist Against An Adulteress: That's right folks, in NC, if you are an adulterer, the non-cheating spouse can have a civil action against you for either 1) criminal conversation or 2) alienation of affections. I have no idea whether any of Tiger's actions occurred in North Carolina. But in The Old North State, if your spouse commits adultery or even alienates the affections of the spouse, the non-cheating spouse can bring a civil action in court.
6. The Only Investigative Journalism Being Done These Days Is By The Tabloids: While this really has nothing to do with the law, it just bothers me that the only news outlets breaking stories now are the tabloids. Remember, the whole mess involving Tiger allegedly started with a story from The National Enquirer.
Hope this helped to break down some of the issues. Now, collectively, let's move on-- at least until the tabloids break the next big one.
By: Drew S. Sprague
The recent case of Greg Taylor, who was found to be wrongly convicted of murder in North Carolina, highlights the work being done by the North Carolina Innocence Inquiry Commission. The results of the North Carolina Commission are allowing other states to look into similar models to make sure that people are not being wrongly convicted. No matter your thoughts on the issue, it is interesting and groundbreaking for North Carolina to be leading the way.
Can a person be held liable for defamation based on a libelous "tweet"? We are about to find out thanks to a dispute between Courtney Love and a fashion designer who did work for her.
In a recent straw poll, the second most popular topic The Hypotenuse readers wanted to know about, other than the new N.C. ban on texting while driving, was the meaning of the new ban on smoking in restaurants in North Carolina. I'll be honest. It is a little confusing even for a lawyer, but I'll try to explain it to the loyal readers out there. Here goes.
Lawyers are notorious whiners. In a certain way, that is what they are paid to do. And one thing you will always hear lawyers, especially new ones, whining about is the bar exam.
