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> Linda's Litigation
LadyTenor
post May 21 2007, 09:02 AM
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I intended to quote a number of posts on this thread, but that would be too long...so I decided against it....

There is a lot of discussion here regarding civil procedure and substantive law.




Show of hands....how many people who have made bold assertions about said topics have a law degree? dunno.gif







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Any comments on blacksda.com made by Talia A. Dickson, J.D. with respect to the law are purely academic in nature and should NOT be construed as legal advice. Mrs. Dickson is not yet authorized to practice law in any jurisdiction. Should you need legal advice for a specific issue, you are encouraged to seek out the advice of an attorney of your own choosing.
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Johann
post May 21 2007, 09:35 AM
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QUOTE(Clay @ May 19 2007, 03:41 PM) [snapback]196060[/snapback]

well to be fair, many of the vitriolic supporters have been banished so they cannot speak.... my point is that you should not misread the silence.....


Should we be inclined to invite them back?

QUOTE(LadyTenor @ May 21 2007, 05:02 PM) [snapback]196190[/snapback]

I intended to quote a number of posts on this thread, but that would be too long...so I decided against it....

There is a lot of discussion here regarding civil procedure and substantive law.
Show of hands....how many people who have made bold assertions about said topics have a law degree? dunno.gif
snack.gif



We need your guidance?


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"The truth can lose nothing by close investigation". (1888 Materials 38)





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Clay
post May 21 2007, 09:35 AM
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QUOTE(Johann @ May 21 2007, 10:35 AM) [snapback]196195[/snapback]

Should we be inclined to invite them back?
We need your guidance?

ummmmm not particularly.....


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Fran
post May 21 2007, 10:43 AM
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QUOTE(LadyTenor @ May 21 2007, 10:02 AM) [snapback]196190[/snapback]

I intended to quote a number of posts on this thread, but that would be too long...so I decided against it....

There is a lot of discussion here regarding civil procedure and substantive law.
Show of hands....how many people who have made bold assertions about said topics have a law degree? dunno.gif
snack.gif



Well, I surely know very little about law! I understand accounting. However, I believe a few here have dealings with the law in certain areas.

I cannot comment on the law and what happens because we do not know what any outcome will be before it happens. There is a place to compare and contrast what has been decided before. Many laws are common laws.

Goodness, save me from being a lawyer. Forgive me for saying this, but my experiences have not been real positive where lawyers are concerned. Many are arrogant and treat others as stupid and ignorant. Others just don't have the where-with-all to even get the facts as presented right!

i have never dealt with you, so don't take offense please. It is hard to find a "right" lawyer and then you must accept by faith that all will go as planned.


--------------------
The greatest want of the world is the want of men-- men who will not be bought or sold, men who in their inmost souls are true and honest, men who do not fear to call sin by its right name, men whose conscience is as true to duty as the needle to the pole, men who will stand for the right though the heavens fall. {Ed 57.3}
But such a character is not the result of accident; it is not due to special favors or endowments of Providence. A noble character is the result of self-discipline, of the subjection of the lower to the higher nature--the surrender of self for the service of love to God and man. {Ed 57.4}
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LadyTenor
post May 21 2007, 11:02 AM
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QUOTE(Johann @ May 21 2007, 11:35 AM) [snapback]196195[/snapback]

We need your guidance?

Maybe, maybe not, but that is not the point I was making.

QUOTE(Fran @ May 21 2007, 12:43 PM) [snapback]196205[/snapback]

Well, I surely know very little about law! I understand accounting. However, I believe a few here have dealings with the law in certain areas.

I cannot comment on the law and what happens because we do not know what any outcome will be before it happens. There is a place to compare and contrast what has been decided before. Many laws are common laws.

Goodness, save me from being a lawyer. Forgive me for saying this, but my experiences have not been real positive where lawyers are concerned. Many are arrogant and treat others as stupid and ignorant. Others just don't have the where-with-all to even get the facts as presented right!

i have never dealt with you, so don't take offense please. It is hard to find a "right" lawyer and then you must accept by faith that all will go as planned.


No offense taken. I encountered the worst kind of arrogance when I was in law school and I was nauseated by it. There are enough greedy, unethical, arrogant and condescending attorneys in the world that the entire profession has suffered as a result.

However, in my experience, folks always hate lawyers until they need one! giggle.gif


This post has been edited by LadyTenor: May 21 2007, 11:02 AM


--------------------
Visit my blog--"Musings of a Black Scrapbooker"
Talia's MySpace Page


He who has My commandments and keeps them, he it is who loves Me. And he who loves Me shall be loved by My Father, and I will love him and will reveal Myself to him."
--John 14:21


Any comments on blacksda.com made by Talia A. Dickson, J.D. with respect to the law are purely academic in nature and should NOT be construed as legal advice. Mrs. Dickson is not yet authorized to practice law in any jurisdiction. Should you need legal advice for a specific issue, you are encouraged to seek out the advice of an attorney of your own choosing.
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Jnana15
post May 21 2007, 12:00 PM
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QUOTE(LadyTenor @ May 21 2007, 12:02 PM) [snapback]196206[/snapback]

Maybe, maybe not, but that is not the point I was making.
No offense taken. I encountered the worst kind of arrogance when I was in law school and I was nauseated by it. There are enough greedy, unethical, arrogant and condescending attorneys in the world that the entire profession has suffered as a result.

However, in my experience, folks always hate lawyers until they need one! giggle.gif



I have had my share of lawyers these past five years, some "pit bulls" as my son calls them and others sent from God. God sure watches over us as we go through the firey trials and tribulation of life and He sends good lawyers to help His people when needed.
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Fran
post May 21 2007, 07:59 PM
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QUOTE(LadyTenor @ May 21 2007, 12:02 PM) [snapback]196206[/snapback]

Maybe, maybe not, but that is not the point I was making.
No offense taken. I encountered the worst kind of arrogance when I was in law school and I was nauseated by it. There are enough greedy, unethical, arrogant and condescending attorneys in the world that the entire profession has suffered as a result.

However, in my experience, folks always hate lawyers until they need one! giggle.gif



Not only that, but they are out of my buget allocations too! roflmao.gif

Is it legal to put a target on the back of my car that says, " $$ Go Ahead and Hit Me; $$ I Need the Money $$"?
dunno.gif


--------------------
The greatest want of the world is the want of men-- men who will not be bought or sold, men who in their inmost souls are true and honest, men who do not fear to call sin by its right name, men whose conscience is as true to duty as the needle to the pole, men who will stand for the right though the heavens fall. {Ed 57.3}
But such a character is not the result of accident; it is not due to special favors or endowments of Providence. A noble character is the result of self-discipline, of the subjection of the lower to the higher nature--the surrender of self for the service of love to God and man. {Ed 57.4}
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steffan
post Jun 9 2007, 11:19 AM
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QUOTE(LadyTenor @ May 21 2007, 10:02 AM) [snapback]196190[/snapback]

I intended to quote a number of posts on this thread, but that would be too long...so I decided against it....

There is a lot of discussion here regarding civil procedure and substantive law.
Show of hands....how many people who have made bold assertions about said topics have a law degree? dunno.gif
snack.gif




Has anyone heard the results of the property case between DS and Ls yesterday?
If I remember correctly, Observer made some sort of statement that Heal's performance with Linda's case would be sort of a "measuring stick" as to what we could expect in his handling of the Pickle/Joy case. That being said, all I can say is Good Luck pickle/joy.
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Snoopy
post Jun 9 2007, 01:50 PM
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QUOTE(Fran @ May 21 2007, 10:43 AM) [snapback]196205[/snapback]

Well, I surely know very little about law! I understand accounting. However, I believe a few here have dealings with the law in certain areas.

I cannot comment on the law and what happens because we do not know what any outcome will be before it happens. There is a place to compare and contrast what has been decided before. Many laws are common laws.

Goodness, save me from being a lawyer. Forgive me for saying this, but my experiences have not been real positive where lawyers are concerned. Many are arrogant and treat others as stupid and ignorant. Others just don't have the where-with-all to even get the facts as presented right!

i have never dealt with you, so don't take offense please. It is hard to find a "right" lawyer and then you must accept by faith that all will go as planned.



I guess judging from recent events in the business world, one could say the same of accountants...no offense...



QUOTE(LadyTenor @ May 21 2007, 11:02 AM) [snapback]196206[/snapback]

Maybe, maybe not, but that is not the point I was making.
No offense taken. I encountered the worst kind of arrogance when I was in law school and I was nauseated by it. There are enough greedy, unethical, arrogant and condescending attorneys in the world that the entire profession has suffered as a result.

However, in my experience, folks always hate lawyers until they need one! giggle.gif



LT, I believe you make some excellent points!!

This post has been edited by Snoopy: Jun 9 2007, 01:52 PM
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runner4him
post Jun 10 2007, 10:26 PM
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QUOTE(steffan @ Jun 9 2007, 12:19 PM) [snapback]199099[/snapback]

Has anyone heard the results of the property case between DS and Ls yesterday?
If I remember correctly, Observer made some sort of statement that Heal's performance with Linda's case would be sort of a "measuring stick" as to what we could expect in his handling of the Pickle/Joy case. That being said, all I can say is Good Luck pickle/joy.


Steffan,

You seem to know everything....Amazing! I guess we have come to conclusions about you.

Just for the record....I do not think Pickle and Joy are looking for LUCK...they are looking up and counting on Him to "work all things together for good".

The really sad thing is Ds's muzzle approach....you/he should welcome a bright light to expose all. A dark curtain causes many questions to arise....why the need for secrecy?? What harm will come from an open book?? Hmmmmm scratchchin.gif
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steffan
post Jun 10 2007, 10:57 PM
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QUOTE(runner4him @ Jun 10 2007, 11:26 PM) [snapback]199345[/snapback]

Steffan,

You seem to know everything....Amazing! I guess we have come to conclusions about you.

Just for the record....I do not think Pickle and Joy are looking for LUCK...they are looking up and counting on Him to "work all things together for good".

The really sad thing is Ds's muzzle approach....you/he should welcome a bright light to expose all. A dark curtain causes many questions to arise....why the need for secrecy?? What harm will come from an open book?? Hmmmmm scratchchin.gif


Do you really think that pickle and joy are looking to Him with their tabloid sensational headlines splashed all over the internet. Do you honestly think that Jesus would bless those actions. The slanderous and hateful accusations by 2 men that have never even met Danny or the 3abn board and have never spent anytime at 3abn. They are so far off the track spiritually how in the world could they be blessed.
Then on the "muzzle" issue, I take it you have never been involved in a detailed court case and litigation. The "client" doesn't make those kind of decisions that pertain to legal terms like impoundment. The attorney's decide their strategy's and tell the client what they think is best. If DS or 3abn knew enough about the law to strategize their case, they would handle it themselves.

Now back to the marital property case.
One might ask the question "Does anyone know what it means when a court sanctions someone? Do we all agree this is a very serious judgment handed down by a court? When someone is caught lying to the court for example, a judge will sometimes place sanctions on the side caught lying to the court.
One of the first punishments for being sanctioned by a judge is usually making the team caught in the lie to pay for the other sides attorneys fees. Why? Usually when a petitioner for example, accuses a respondent of false allegations, the respondent has to spend lots of money for a law firm to defend him/her. This case may go to several hearings before a judge has enough information to make a decision. If the judge feels that the petitioner, for example, has lied about whatever, he will rule in favor of the respondent and place sanctions on the petitioner, making her/him pay for all the respondents attorneys fees. This could be thousands of dollars!
It will be interesting to see how closely this follows with the DS & Ls case. It will be interesting to see if the judge made such a sanction against Linda for lying. If he did, there can be no valid excuses offered on her or her attorney Heal's part. If this scenerio resembles what happened in their recent hearing, The fact will go down permanetly in the court records that, they are guilty of misrepresenting facts to the court.
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Whtz Happenin
post Jun 10 2007, 11:25 PM
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QUOTE(steffan @ Jun 9 2007, 01:19 PM) [snapback]199099[/snapback]

Has anyone heard the results of the property case between DS and Ls yesterday?
If I remember correctly, Observer made some sort of statement that Heal's performance with Linda's case would be sort of a "measuring stick" as to what we could expect in his handling of the Pickle/Joy case. That being said, all I can say is Good Luck pickle/joy.


QUOTE(steffan @ Jun 11 2007, 12:57 AM) [snapback]199351[/snapback]

...
Now back to the marital property case.
One might ask the question "Does anyone know what it means when a court sanctions someone? Do we all agree this is a very serious judgment handed down by a court? When someone is caught lying to the court for example, a judge will sometimes place sanctions on the side caught lying to the court.
One of the first punishments for being sanctioned by a judge is usually making the team caught in the lie to pay for the other sides attorneys fees. Why? Usually when a petitioner for example, accuses a respondent of false allegations, the respondent has to spend lots of money for a law firm to defend him/her. This case may go to several hearings before a judge has enough information to make a decision. If the judge feels that the petitioner, for example, has lied about whatever, he will rule in favor of the respondent and place sanctions on the petitioner, making her/him pay for all the respondents attorneys fees. This could be thousands of dollars!
It will be interesting to see how closely this follows with the DS & Ls case. It will be interesting to see if the judge made such a sanction against Linda for lying. If he did, there can be no valid excuses offered on her or her attorney Heal's part. If this scenerio resembles what happened in their recent hearing, The fact will go down permanetly in the court records that, they are guilty of misrepresenting facts to the court.

Steffan, I cannot quite figure out the point of your posts. It seems like you are in a discussion with yourself. I am not trying to give you a hard time.

Are you trying to tell us something without really telling us?
uhm.gif (I'm Corn-fused)
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runner4him
post Jun 10 2007, 11:33 PM
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[Steffan....quote]
QUOTE
Do you really think that pickle and joy are looking to Him with their tabloid sensational headlines splashed all over the internet. Do you honestly think that Jesus would bless those actions. The slanderous and hateful accusations by 2 men that have never even met Danny or the 3abn board and have never spent anytime at 3abn. They are so far off the track spiritually how in the world could they be blessed.


Yes, God Will bless! A matter of opinion who is off track. Opinion....God has been leading these men and others...they are to be commended for their courage...they have had nothing to gain personally by standing up but everything to lose if they neglected their duty to lift up the banner of truth. I have seen nothing but facts and documents...all presented without prejudice.

QUOTE
Then on the "muzzle" issue, I take it you have never been involved in a detailed court case and litigation. The "client" doesn't make those kind of decisions that pertain to legal terms like impoundment. The attorney's decide their strategy's and tell the client what they think is best. If DS or 3abn knew enough about the law to strategize their case, they would handle it themselves.


Disagree.....If the "client" is wise and claims to be a follower of Christ.....then "he" would be the one who sets the stage and makes the decisions. Who wants to blindly follow any person who claims the world as his home?...Not wise. I would never put my trust in a man rather than in my Lord. That is the weakest argument and one not believed by those who are watching.





QUOTE(Whtz Happenin @ Jun 11 2007, 12:25 AM) [snapback]199354[/snapback]

Steffan, I cannot quite figure out the point of your posts. It seems like you are in a discussion with yourself. I am not trying to give you a hard time.

Are you trying to tell us something without really telling us?
uhm.gif (I'm Corn-fused)



I so agree...
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mozart
post Jun 11 2007, 12:28 AM
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QUOTE(steffan @ Jun 10 2007, 09:57 PM) [snapback]199351[/snapback]

Do you really think that pickle and joy are looking to Him with their tabloid sensational headlines splashed all over the internet. Do you honestly think that Jesus would bless those actions. The slanderous and hateful accusations by 2 men that have never even met Danny or the 3abn board and have never spent anytime at 3abn. They are so far off the track spiritually how in the world could they be blessed.

are you sure of this steffan? seems i remember different. in fact i'm pretty sure that pickle was interviewed on 3abn live once or twice. yet you say they've never even met or spent any time at 3abn? you sure about that?


--------------------
Thess. 2:16-17 - Now may our Lord Jesus Christ Himself, and our God and Father, who has loved us and given us everlasting consolation and good hope by grace, comfort your hearts and establish you in every good word and work."

[quote: fine art]


"
Instead we seem to be using sensationalism, emotionalism, moving lights and motivational speakers that are prepared to manipulate, by well chosen words, the minds of the listeners.
It used to be, messages that were given by our pioneers were wrenched from the depths of the heart by the Holy Spirit.
Humor was not added to get that laugh of entertainment. Drama was not introduced behind the sacred desk to glue your attention.

Man's Rationale has replaced a cry for God's wisdom."

"How To Be Free From Bitterness" ( booklet written by Jim Wilson of Community Christian Ministries, Moscow, Idaho - E-mail: ccm@moscow.com )
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Observer
post Jun 11 2007, 06:08 AM
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QUOTE(steffan @ Jun 10 2007, 10:57 PM) [snapback]199351[/snapback]
When someone is caught lying to the court for example, a judge will sometimes place sanctions on the side caught lying to the court.
One of the first punishments for being sanctioned by a judge is usually making the team caught in the lie to pay for the other sides attorneys fees. Why? Usually when a petitioner for example, accuses a respondent of false allegations, the respondent has to spend lots of money for a law firm to defend him/her. This case may go to several hearings before a judge has enough information to make a decision. If the judge feels that the petitioner, for example, has lied about whatever, he will rule in favor of the respondent and place sanctions on the petitioner, making her/him pay for all the respondents attorneys fees. This could be thousands of dollars!


Ah, Steffan. I am shaking my head as I read your post.

It seems to me that you do not know very much about court sanctions.

Yes, to answer your a question of yours, some sanctions are inconsequential. If an attorney disobeys some instruction from the judge, and the judge sanctions the attorney with a personal fien of $500.00 that is often considered of little significance, and some attorneys willingly will disobey the judge in order to say something to the jury and believe that it will be worth a $500 fine.

Of course if the judge sends the attorney to jail, that is a major issue.

In regard to a witness/plaintiff who lied, sanctions are not typicallly used in that case. There are two reasons: a) It is often hard to prove that a person knowingly attempted to decieve the court. That person may be wrong, but did not know it. cool.gif To lie under oath is a criminal offense. One may be charged and tried for such. Judges typically leave that to the District Attorney to decide, and do not sanction.

In regard to paying the legal expenses of the other person for telling a lie. You are simply off base there. Many States have laws under which, if conditions are met, the one who loses the case must pay legal expenses of the other party. That is NOT based upon telling a lie. It is based upon losing the case. One may lose a case without telling a lie.

By the way, claiming that one commited a crime against you, and failing to obtain a conviction is not grounds for being charged with telling a lie.

I am reminded of a case in which I personally knew some of the parties. An individual was charged with the crime of murder. The jury found the defendant Not Guilty, primarily because no murder weapon was ever discovered that could be associated with the defendant. At that point, no one testifying for the prosecution was charged with telling a lie. Several years later the murder weapon was discovered in the defenedants home, in a very special hiding place--the exhaust pipe leading from a furnace--chimney (sp). The murder occured on a cold winter day. The furnace was heaating the home. The police did not disemble it and find the pistol. Years later it was discovered.






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