quote:Originally posted by Thriftshop Debutante: Now, if Earth and the UP survives the Dominator attack/invasion, what do you think Mekt's chances are at collecting back pay?
Pretty good.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Quislet, Esq.: And so, there doesn't seem to be any basis for any lawsuits.
I fear for your bar membership. The torts, they should be a-flyin'.
Let's figure the Winath system of jurisprudence to be similar to what we have in the US at this time.
AYLA & GARTH (or, more likely, a parent/guardian or another adult acting on their behalf, because they are minors) could file against someone or something (their parents? a Dapartment of Health or some organization that either by omission or comission led to A&G being somewhere where they shouldn't have been?) for their medical bills (if not already covered) and pain & suffering?
MEKT (or, again, an adult on his behalf if he was still a minor) could do the same.
THE RANZZ PARENTS or GUARDIANS (the elder Ranzzes haven't been mentioned) might also hit the govt. that subtly or outright encourages this sort of thing and thus fails to provide trained care for a citizen deemed to be mentally ill and dangerous (if only to himself). The kids were out of commission for awhile, unable to help around the farm.
MEKT and/or THE TWINS/PARENTS (or another party, possibly depending on who owned the vehicle in question?) could go after the cruiser manufacturer. Malfunction due to a relatively small amount (maybe 200 lbs.) of weight? Hello, failsafes?
I could also see any Solo-Rights activist groups(such as may exist on Winath) or perhaps progressive (from some points of view) psycho-medical professionals filing actions -- even if the filers don't expect the action to go very far, they might do so anyway if only to draw attention to written or unwritten policy and to stimulate public discussion of the issue.
That's not to mention possible criminal charges of endangering the welfare of children.
I'll go watch some TV, maybe come up with some more. [/QB]
Well, I re-read the issue.
Now in order to sue (presumably this would be a case of negligence) you need to have someone who has a duty towards the plaintiff and breached that duty. Who here had a duty? The only ones I see are Mr. & Mrs. Ranzz towards their children to not endanger them. Was this duty breached? I don't think so.
What we have is someone (Mekt) who has a "death wish", as per Ayla. Is this the same as being suicidal or mentally ill? I don't think so. If Mekt is not mentally ill, then Mr. & Mrs. Ranzz do not have a duty to have Mekt committed. And if Mekt is an adult, then he is responsible for his own actions.
Regarding Garth & Ayla, Ayla again says that it was their "job" to look after Mekt. Again I see this as more of a family obligation. i.e. make sure your brother doesn't hurt himself. Such a request by the parents cannot be construed as to include the instruction to endanger yourself in order to keep Mekt safe.
Regarding a suit against the government, you would need to show that 1) Mekt was a dnager to himself or others, 2) that the government was on notice, and 3) that the government took no action. From the facts we have, such a case cannot be made. Even if a case could be made any Soloist group on Winath could not initiate them as they would not have standing to do so. They could filed amici (or Friend of the Court) briefs.
Regarding the manufacturer of the ship. Alya states that the cruiser did not malfunction, but that the additional weight of her and Garth threw off Mekt's calculations. Presumably, this is what caused the ship to interact with the energy field of Korbal and that this interaction is what caused the power loss.
Note: not all accidents lead to lawsuits.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Tamper Lad: My question is. If I were foolish enough to attempt step 16 could I sue Google because the Maps service is supposed to be an authority on giving direction?
No, because dead people can't sue.
They can if they've retained the services of Wolff & Byrd, Counselors Of The Macabre!
-------------------- "Beware the Creatures of the Night -- They Have LAWYERS!!"
From: Monty Python's Flying Circus | Registered: Aug 2003
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posted
Hey, Quis. How can I become a partner in this firm?
-------------------- lizrdprnce@yahoo.com
"Wow! The defendant objecting to his own defense! I think we're setting some kind of legal precedent here, your honor!" Tenzil Kem, LSH #11 (1989)
From: Birmingham AL | Registered: Apr 2007
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I am running for leader. Is there anyway I can legally force....ummmm, persude people to vote for me?
From: Fort McMurray | Registered: Nov 2004
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quote:Originally posted by lizrdprnce: Hey, Quis. How can I become a partner in this firm?
Do you mean Quislet's Super Law Office of Space or Wolff & Byrd, Counselors Of The Macabre?
If you do mean this law office, you would start as a junior associate, performing all the lowly tasks I don't want to do, like all the work. If the office budget has sufficient funds (aka I picked the right ponies this week) we can outfit you with your own office. Then with the right amount of brown-nosing, you might make partner sometime before the next century.
Or I might just say "Welcome to the firm, Partner!"
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by dedman: Dear Quislet Esq.......
I am running for leader. Is there anyway I can legally force....ummmm, persude people to vote for me?
A thoughtful campaign platform is one means of legally persuading people to vote for you. Appealing to their baser instincts is another.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Lard Lad: Quis...can the LMB sue Gary Concorde to get Stoopid cat back? If so, would you take the case?
Well that would depend on whether Stoopid Cat is a legally recognized sentient or property. IN RL pets are considered property. Here on Legion World, that might be different. After all Stoopid Cat was Deputy Leader for a turn.
If Stoopid Cat is property, only his owner (which I believe is either Abin Quark or Pagan Lass - possibly Everyday Girl) could sue to recover the property. This would also assume that Gary Concord was indeed the one holding the property.
If on the other hand, Stoopid Cat is a legally recognized sentient, then the best option is to have the Security Department track down the kidnapped party. After which, Stoopid Cat could sue for false imprisonment.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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