Is there a legal definition of "skirt the system?" I doubt it.
Is there a legal definition of "skirt the system?" I doubt it.
how about Miscarriage of Justice.
"Is there a legal definition of "skirt the system?" I doubt it."
Years ago it was referred to as failing to recognize the "spirit" of the law which used to be as important as the "letter" of the law. The two combined were supposed to be inherent in the "fairness" of the law. Today -- who knows? It's whatever you can get by with no matter which side of the law you're on. I'm not sure strict constructionists are necessarily any better on the "spirit" of any law, but they're a darned sight better on the "letter".
How about this description of Nifong's chicanery from the NC Bar Association's rebuttal to Nifong's motion to dismiss the charges against him (page 12):
"It is worth noting that the content of each Order was based on Nifong's misrepresentations to the Court as alleged in the Amended Complaint. Therefore, Nifong is effectively arguing that he can make false statements to a court which result in the entry of an order, and then use the order that is based on his misrepresentations to claim he committed no discovery violation."