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pnh102
Reptiles Are Cuddly And Pretty
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join:2002-05-02
Mount Airy, MD
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reply to major marco
Re: Gasping For Money

said by major marco See Profile :

So you believe that it is entirely legal for entity C to harass and/or threaten to serve a lawsuit upon A in order to get information from A regarding B?
It is 100% legal.

Any person or entity in the USA can legally sue anyone else for any reason, regardless of merit. Of course, such lawsuits can be declared frivolous or can be dismissed outright, but the burden of proof is on the defendant to prove that he/she is not liable. Of course, that means "lawyering up" and spending tons of money to defend oneself in court.

Someone else said this once, and it applies here perfectly... There's a reason it is called the "legal system" and not the "justice system."
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Only SHATNER is Kirk.

nasadude

join:2001-10-05
Rockville, MD
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said by pnh102 See Profile :

...

Someone else said this once, and it applies here perfectly... There's a reason it is called the "legal system" and not the "justice system."
yes indeed. I have learned the hard way that in the American legal system, justice is for those that can afford it. You pay nothing and you are not likely to get any justice; if you only pay a little, you only get a little justice; complete justice is very expensive.


TKJunkMail
Enjoy the sun
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Avalon, NJ
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1 edit
said by nasadude See Profile :

yes indeed. I have learned the hard way that in the American legal system, justice is for those that can afford it. You pay nothing and you are not likely to get any justice; if you only pay a little, you only get a little justice; complete justice is very expensive.
The Golden Rule(not the bible version): Those who have the gold, rule!! And this version of the rule has applied throughout recorded history.
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Pirate515
Premium
join:2001-01-22
Brooklyn, NY

 reply to pnh102
said by pnh102 See Profile :

It is 100% legal.

Any person or entity in the USA can legally sue anyone else for any reason, regardless of merit. Of course, such lawsuits can be declared frivolous or can be dismissed outright, but the burden of proof is on the defendant to prove that he/she is not liable. Of course, that means "lawyering up" and spending tons of money to defend oneself in court.

Someone else said this once, and it applies here perfectly... There's a reason it is called the "legal system" and not the "justice system."
Well, in that case, it would be perfectly legal for me to sue the ISP or a university that decides to give my info up to the RIAA without a subpoena or a court order. If they are so smart to just pony up my info to a private party without my consent, then let THEM pay whatever that party thinks I owe them.

If there is a subpoena and they must cooperate with authorities, then I understand that they have no choice but to give the info up. But if they give it up just because someone says so, they better be prepared to be taken to the cleaners by me.
--
Ask me no questions, and I'll tell you no lies...
A MESSAGE to the RIAA and the MPAA: You shouldn't wound what you can't kill...


TKJunkMail
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said by Pirate515 See Profile :

Well, in that case, it would be perfectly legal for me to sue the ISP or a university that decides to give my info up to the RIAA without a subpoena or a court order.
You are right. But can you afford to pay for an attorney willing to take on an ISP or University. Unless you can interest the ACLU or some other organization that will do it for free, you better be pretty rich to afford the lawyer fees.
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vpoko
Premium
join:2003-07-03
Jamaica Plain, MA

reply to pnh102
said by pnh102 See Profile :

Any person or entity in the USA can legally sue anyone else for any reason, regardless of merit. Of course, such lawsuits can be declared frivolous or can be dismissed outright, but the burden of proof is on the defendant to prove that he/she is not liable. Of course, that means "lawyering up" and spending tons of money to defend oneself in court.

Someone else said this once, and it applies here perfectly... There's a reason it is called the "legal system" and not the "justice system."
Filing a frivilous suit in itself is actionable (meaning someone can be sued for filing a frivilous suit), and filing a blatantly frivilous suit could be contempt of court. Threatening to file a frivilous suit can (and has been prosecuted as) blackmail.

Why did you decide that the burden of proof shifts to the respondent? The burden of proof in a civil case is on the claimant.

soccerguy

join:2004-06-28
Seattle, WA

reply to pnh102
Legal to a point.

In most cases (cases involving strict liability are but one group of exceptions), the plaintiff is still required to prove a prima facie case. Otherwise the defendant can get the claims dismissed "for failure to state a claim" without the burden of proof shifting to the defendant.

Plaintiffs who sue without stating a cognizable claim will often end up paying the defendant's attorneys fees or be sanctioned. Depends on the nature of the claim.


supergirl

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reply to TKJunkMail
said by TKJunkMail See Profile :

said by nasadude See Profile :

yes indeed. I have learned the hard way that in the American legal system, justice is for those that can afford it. You pay nothing and you are not likely to get any justice; if you only pay a little, you only get a little justice; complete justice is very expensive.
The Golden Rule(not the bible version): Those who have the gold, rule!! And this version of the rule has applied throughout recorded history.
Funny, I don't think that is what Our Founding Fathers intended. You finally posted something that makes sense.

DSL Oberst

join:2001-11-29

reply to TKJunkMail
said by TKJunkMail See Profile :

But can you afford to pay for an attorney willing to take on an ISP or University.
Or you can represent yourself pro se.

In any case, you are NOT required to have an attorney in order to pursue or defend against a lawsuit. The Clerk of the Court is required (at least according to the current statutes of the 50 states) to advise you of the procedures and forms required in a court of law. You may peruse the Federal Rules of Civil Procedure and the state equivalents at your leisure. The law libraries in the courthouses of the land are open to the public.

Will people actually take the time and effort to learn this stuff? No, not unless they're going to make a buck off of it. This leads to much amusement when you realize that the very system that runs the life of the nation is ignored, seen as boring, and considered to be something only attornies and legislators have access to.


manfmmd
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join:2003-01-14
Earth
clubs:
"A lawyer who represents himself has a fool for a client."


vpoko
Premium
join:2003-07-03
Jamaica Plain, MA

said by manfmmd See Profile :

"A lawyer who represents himself has a fool for a client."
Then I guess laywers should find other lawyers to represent them, but for everyone else who finds lawyers too expensive, and are willing to do the legwork, it might be the only choice.

Thaler
Premium
join:2004-02-02
Encino, CA

said by vpoko See Profile :

Then I guess laywers should find other lawyers to represent them, but for everyone else who finds lawyers too expensive, and are willing to do the legwork, it might be the only choice.
If you've never seen court, yes, lawyers do hire lawyers for serious cases filed against them. Then again, if it's a clear fly-by-night baseless suit, then a lawyer might just be their own represenation to dismiss a clearly frivolous suit.
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