Unfortunately, the specter of untold riches also effectively drags poor people into court. It cuts both ways.

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2005 C240 4matic wagon (daily driver)
87 190D - 225K (on loan)
85 190D - 312K (on loan)
2011 Subaru Legacy AWD (Wife's)

True, but if the jury wouldn't give stupid awards, why would the lawyer take their case? 30% of nothing is still nothing.

__________________
01 Ford Excursion Powerstroke
99 E300 Turbodiesel
91 Vette with 383 motor
05 Polaris Sportsman 800 EFI
06 Polaris Sportsman 500 EFI
03 SeaDoo GTX SC Red
03 SeaDoo GTX SC Yellow
04 Tailgator 21 ft Toy Hauler
11 Harley Davidson 883 SuperLow

That's the problem with freedom. In a well-ordered society people don't have to deal with the messiness of living free.

.........effectively locks both the middle class and poor people out of civil court...........and, no, we don't want it.

Dare I say it? Legislators/Congress pass the laws, the result of which you are complaining about.

Lawyers are playing by the rules, set by others (yes, Congress are mostly lawyers as well)

Poorly worded statutes/laws interpreted by judges who have a lot of gray area to play with.

Yes, the jury system is in big trouble and made up on non-civic minded people with no vested interest in the community or companies/people that are suing/being sued.

So is our under/uneducated electorate failing us.

Our freedom is going out with the tide, due to the above.

And Brian, you are right about enforcement of the judgment.

Jim B., you should know better having been a clerk.

Unless you get a specific court order to enforce the judgment (which as Brian noted, it is up to the plaintiff to collect, attach wages, get a lien sale, etc.) there will be no contempt order. Imagine the workload judges would have if it were up to them to enforce all the civil orders!

Jim, we do not have debtor's prison anymore, maybe when you were clerking they were still around.

__________________
'98 SL600 Black/Black
2002 E320 White
'76 450SEL Sold, too thirsty
'85 300TD Sold, shouldn't have
Maybe a 280SL someday

I think the problem is that the jury lets itself be manuplated. If not, why would a lawyer sue?

Too bad.

__________________
01 Ford Excursion Powerstroke
99 E300 Turbodiesel
91 Vette with 383 motor
05 Polaris Sportsman 800 EFI
06 Polaris Sportsman 500 EFI
03 SeaDoo GTX SC Red
03 SeaDoo GTX SC Yellow
04 Tailgator 21 ft Toy Hauler
11 Harley Davidson 883 SuperLow

One cannot "let oneself" be manipulated.

Either you are manipulated without your knowledge or you're not.

I believe you've uncovered the Clinton defense regarding "sex with that woman."

..........notice something.........???





















no retort.

Troy, maybe you skimmed over my words too fast: Here is what I had said:

"Contempt of court" is defying a written Court order and spitting in the Judge's face (so to speak).

It is a quasi criminal matter, if found in contempt of Court you can actually be put in jail and ordered to pay fines to the Court.

A contempt citation actually has language to that effect on it, and warns the person serveed that he had better get a lawyer - for the contempt hearing.

Formally, it's in two parts:

1. The arraignment - where the defendant charged with contempt pleads not guilty

2. The hearing itself - where there is an actual mini-court (not jury) trial, and witnesses testify.

Then the judge finds the defendant in contempt or not.

It is important to note, the contempt hearing has NOTHING to do with the underlying case, it is a separate matter entirely, involving the defendan't defiance of the Court itself.

However, the mere THREAT of a contempt order actually does wonders in getting stubborn defendants to comply with Court orders.

Mistress got GREAT results doing it "informally" (articulated well the mere THREAT of it).

****************

So...........I stand by what I said: my words are correct.

You are absolutely 100% wrong, (freshly minted lawyer or not), if you believe
the contempt orders are issued ONLY FOLLOWING A SPECIFIC PRIOR WRITTEN COURT ORDER TO ENFORCE A JUDGEMENT
(which is what you wrote, above.)

Contempt can take many forms; IT CAN EVEN BE A MEAN ASSED LOOK OR REMARK TO THE JUDGE, as it is basically showing "Contempt of the Court system (usually the Judge) itself....."

Judging what constitutes contempt is entirely separate from whatever underlying action is at bar.

It usually is not pursued, except in flagrant cases of abuse, but the threat of it alone works WONDERS as a hammer upon those who show disrespect to the Court, as well as outright defiance or disobediance of prior court written orders.


I never said or implied, that the "contempt of Court" is used as a tool to aid debt Collections. Mistress implied it was, to an ignorant debtor, to get him to pay. Too bad for him if he believed it, he was a douchebag and then he paid up. It worked for her.

And finally, in some instances and circumstances, Contempt of Court ACTUALLY CAN come into play into debt collection situations, if it is after a disclsure hearing:

**********************

If you don’t follow a disclosure order to pay a debt, you may be summonsed for civil contempt of court.

At the contempt hearing, you will be given a chance to tell the judge the reasons you haven’t paid. If the judge finds you have a good reason for not paying (such as you were laid off from work or you were ill or injured), he can dismiss the contempt motion.

However, if the judge finds you do not have a good reason, the judge has the authority to jail you or impose a fine. The purpose of the punishment, however, is only to force you to pay. If you can come up with the money that you owe under the order, you should be released from jail or the fine rescinded. You should seek the advice of a lawyer if this happens.






There were never debtor's prisons. I know that. To say so was an ignorant remark, based on an obvious misapprehension of my explanation, or perhaps an inartful sly stab at humour you hoped was at my expense.

__________________
1991 560 SEC AMG, 199k <---- 300 hp 10:1 ECE euro HV ...

1995 E 420, 170k "The Red Plum" (sold)

2015 BMW 535i xdrive awd Stage 1 DINAN, 6k, <----364 hp

1967 Mercury Cougar, 49k

2013 Jaguar XF, 20k <----340 hp Supercharged, All Wheel Drive (sold)

Some of us want to lock them out of decent health care, why not court?






There's nothing wrong with the system. There's something wrong with the people. Same system 40 years ago didn't result in ridiculous lawsuits.

__________________
1984 300TD

There have always been rediculous lawsuits, it merely the intense national coverage they get in our media content starved age that makes them news.

A classic lawschool gem is the 1928, Palsgraf v. Long Island R.R.. . . in a woman is injured when a train station scale falls over, allegedly due to a package of fireworks expolding because a passenger dropped further down the station while running to catch a train. A railroad employee was attempting to aid the man onto the moving train and that's what apparently caused the package to fall and explode. Lady sues railroad.

Yes, that Palsgraf case was incredibly important in determining scope of duty owed to third parties from negligence.

Important, important case (do I owe a duty to all plaintiffs or only reasonably foreseeable plaintiffs?(Andrews view or Holmes view)

__________________
'98 SL600 Black/Black
2002 E320 White
'76 450SEL Sold, too thirsty
'85 300TD Sold, shouldn't have
Maybe a 280SL someday

Another legal eagle rears it's ugly head!

I mean no offense, luvlaw. Quite the opposite. I learn an awful lot watching lawyers discuss the system and points of law. Please stay with us!

Bot

There are cases that are valid.

But I need someone to explain the "legal basis" for suits as below.

Recently 6 women were shot at a Lane Bryant store, well the "lawsuit" hasn't been filed, but an attorney has got a court to preserve all evidence.
Well we know where this is leading too, but what liability does Lane Bryant have ????

We had a bunch of kids, and cars crossing railroad tracks cases last year.
Kids took shortcuts through fences.
Cars going around train gates.

In every case the train line paid out big $$$

If you cut across a train track and get hit by a train, why are they liable ?

__________________
KLK, MCSE

1990 500SL

I was always taught to respect my elders.
I don't have to respect too many people anymore.