Legal aspects [was: anybody else see darl on teevee?]

dep dep
Mon May 17 11:58:47 PDT 2004


quoth Kurt Wall:

| Being sued in civil court is like being charged in criminal court.
| That is, a lawsuit or an indictment is an accusation of wrongdoing;
| presumably, one is still presumed innocent until proven guilty. That
| said, a favorite tactic has become to file a lawsuit and then conduct
| a public relations campaign in conjunction with the lawsuit. This is
| known as trial-by-press-release -- a tactic SCO has executed very
| well.

the sco case is a case study in what's wrong with our legal system. it 
also points to needed remedies: the loser ought to pay both sides' 
costs -- and the loser's law firm should be liable for those costs as 
well. the judge should be able to hold hearings on whether the 
allegations were malicious and find probable cause for arrest for 
criminal fraud those who bring such lawsuits in bad faith (and i do not 
think that the darl regime has done a single thing, ever, in good 
faith), with those charges extending, too, to the law firm. it's only 
when the lawyers themselves are at risk that any sanity will be brought 
to the system.
-- 
dep

It's remarkable how quickly a problem goes away once the people with
a vested interest in there being a problem go away. -- Mark Steyn


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