Subject:
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Re: Idiots, Part Deux
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Mon, 10 Feb 2003 21:31:32 GMT
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Viewed:
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359 times
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David Koudys wrote:
> Now if there was an addendum to all laws that says "You will get slapped
> hard if we find that your lawsuit is frivilous", then I'm completely in
> support of said measure. However, who deems the "frivilousity" value of
> cases? Do we need another judicial branch that will come up with a
> consensus on these cases--instead of appealing to a higher court if you
> don't win, the defendant can appeal to thins new Upper Frivilous Court and
> say it was an unwarranted case, and if he wins, the plaintiff gets hit with
> a big fine.
>
> Hmmm... I think we should implement that as soon as possible.
No addendum needed, and mostly the system is already there. Judges do
have a lot of flexibility. Unfortunately, over the years they have been
given less flexibility. Also, countersuits already handle some of the
problems.
Mostly what has to change is that we need to become more intentional
about rights based analysis. Good rights based analysis will pretty
quickly show up the frivolous situations (and remember, frivolity is NOT
just on the part of the plaintiffs, there are plenty of cases where the
defendant refuses to "do the right thing.").
> > (1) And since I assert that all rights are property rights, I assert
> > that emotional attachment to a wife and kids is in fact a property
> > right.
> >
> > Frank
>
> Family is property? Or am i misunderstanding
The relationships that make a family a family are property. Of course
existence of the kids and wife themselves is property held by them. I
know it sounds very impersonal, but it's not. I'm arguing that the
personal connection is every bit as valuable as any other piece of
property. The beauty of declaring everything is a property right is that
no special cases need to be created in law.
Frank
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Message has 1 Reply:
Message is in Reply To:
 | | Re: Idiots, Part Deux
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| In lugnet.off-topic.debate, Frank Filz writes: <snip> (...) Now if there was an addendum to all laws that says "You will get slapped hard if we find that your lawsuit is frivilous", then I'm completely in support of said measure. However, who deems (...) (22 years ago, 10-Feb-03, to lugnet.off-topic.debate)
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