Jul. 29th, 2010
(no subject)
Jul. 29th, 2010 10:53 pmas typed by a 12 yr old child
2 big mistakes in law made by not-lawyers
1. your reaction is important (nope)
many idiots talk about how devastated they were personally as though that makes them win the case.
"I was hurt SO BAAAAAD therefore they were wrong."
This argument does not win, ever. While the law does have some provisions for "take the plaintiff as you find them," this does not usually trump a "reasonable man" theory. That is, if your reaction is unreasonable ("his middle finger in traffic so traumatized me I needed 10 years and $1mil therapy") it will not win in court.
If you're trying to establish threat, your fast-beating heart is not enough - stronger is "strangers on the street rushed over and physically intervened."
2. "There is this law..."
Nobody gives a shit what you read and think the law means. Law is base not only on the "letter of the law," but how the courts interpret the law. Case in point today, does one year mean work days or weekends too? I've been told what the law means by no less than 4 people this week - none of whom have researched what the courts have said the law says. This law as read by this court means "monday means by friday the week before by midnight" but I've heard many different theories from people who are resistant to what I've found (so I say I hope they're right and ignore them). What about sick days? What about sent vs. delivered? What about tour of duty? How is that defined exactly? Oh, and repeating shit you already know is NOT reacting to an attack on the foundations of your belief system.
You may win a verbal or internet argument through attrition, but you won't actually win because someone doesn't care enough to point out why you are wrong on each and every fail you make...
2 big mistakes in law made by not-lawyers
1. your reaction is important (nope)
many idiots talk about how devastated they were personally as though that makes them win the case.
"I was hurt SO BAAAAAD therefore they were wrong."
This argument does not win, ever. While the law does have some provisions for "take the plaintiff as you find them," this does not usually trump a "reasonable man" theory. That is, if your reaction is unreasonable ("his middle finger in traffic so traumatized me I needed 10 years and $1mil therapy") it will not win in court.
If you're trying to establish threat, your fast-beating heart is not enough - stronger is "strangers on the street rushed over and physically intervened."
2. "There is this law..."
Nobody gives a shit what you read and think the law means. Law is base not only on the "letter of the law," but how the courts interpret the law. Case in point today, does one year mean work days or weekends too? I've been told what the law means by no less than 4 people this week - none of whom have researched what the courts have said the law says. This law as read by this court means "monday means by friday the week before by midnight" but I've heard many different theories from people who are resistant to what I've found (so I say I hope they're right and ignore them). What about sick days? What about sent vs. delivered? What about tour of duty? How is that defined exactly? Oh, and repeating shit you already know is NOT reacting to an attack on the foundations of your belief system.
You may win a verbal or internet argument through attrition, but you won't actually win because someone doesn't care enough to point out why you are wrong on each and every fail you make...