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To: Brown Deer
So, if someone commits fraud and it isn't proven, because the case was never tried, then it didn't happen?

It is not the function of the courts to investigate.

164 posted on 01/03/2010 8:31:18 AM PST by lucysmom
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To: lucysmom
It is not the function of the courts to investigate.

But it is their function to hear evidence, and to order additional evidence produced, if the early evidence meets the low standard of probable cause to believe...

They haven't heard any evidence, nor have they granted access to any other evidence that would be relevant to the case. What you are saying is that absolute proof is required. These have been civil cases where the actual standard should be preponderance of the evidence. But that's for final judgment, the standard for discovery is much lower.

169 posted on 01/03/2010 10:12:08 AM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: lucysmom
It is not the function of the courts to investigate.

So, what's your point?
173 posted on 01/03/2010 11:13:54 AM PST by Brown Deer (Pray for Obama. Psalm 109:8)
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To: lucysmom

“It is not the function of the courts to investigate.”

Very well and succinctly put.


174 posted on 01/03/2010 3:15:34 PM PST by tired_old_conservative
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