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Trailer builder, driver sued by survivors of fatal smuggling attempt (Texas)
Victoria Advocate ^ | August 3, 2005 | GREG BOWEN

Posted on 08/03/2005 9:28:51 AM PDT by SwinneySwitch

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To: SwinneySwitch
Absolutely moronic. They were using the trailer for a purpose for which it was not intended - this should be no-brainer - case dismissed!

Unfortunately, if it goes to trial in the PRK, the shysters and their illegal clients will probably win.
41 posted on 08/03/2005 11:42:36 AM PDT by Little Ray (I'm a reactionary, hirsute, gun-owning, knuckle dragging, Christian Neanderthal and proud of it!)
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To: Little Ray
"Victoria Federal Judge John D. Rainey has scheduled pre-trial hearings on the various cases for Sept. 6, Sept. 19 and Oct. 11 at the Martin Luther King Jr. Federal Building in downtown Victoria."

Except for the MLK Jr. part, I think this Texas town will probably do the "right" thing.
42 posted on 08/03/2005 1:23:50 PM PDT by SwinneySwitch (Illegals-beyond your expectations!)
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To: SwinneySwitch

do the right thing? fine and deport the illegals posthumously, fine and deport any family member that shows up for the case, and fine the lawyer for wasting the judges time, then disbar him?


43 posted on 08/03/2005 1:36:29 PM PDT by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: SwinneySwitch

My hatred for the corrupt US lawyer industry knows no bounds.


44 posted on 08/03/2005 1:37:56 PM PDT by FormerACLUmember (Honoring Saint Jude's assistance every day.)
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To: SwinneySwitch

45 posted on 08/03/2005 1:42:12 PM PDT by Old Professer (As darkness is the absence of light, evil is the absence of good; innocence is blind.)
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To: petro45acp

Not only are trailers not intended to carry people, most states make it illegal to use them for that purpose. Try driving an ordinary camper trailer down the road with people in it and see what happens when the trooper pulls you over.


46 posted on 08/03/2005 1:42:34 PM PDT by libstripper
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To: SwinneySwitch

Ya never know:

The Common Law Of Texas
Tune: The Yellow Rose of Texas

They buy their bourbon by the case, and never shun the cup,
They ride around in Cadillacs, and smash each other up.
And when they litigate the case, it's the weirdest ever seen,
Because the poor benighted courts try to follow Leon Green.

It's the damndest jurisdiction
This country ever saw,
It has the queerest people,
The most peculiar law.
They have some nuts in loway,
And some in Tennessee
But the common law of Texas is
A thing of mysteree.

They enter into arguments, and then they have a fight,
They call each other dirty names, and broad on it all night,
Then lie in wait for sixteen hours behind an old rail fence,
And shoot the fellow in the back, but it's all in self-defense.

It's the damndest jurisdiction
This country ever knew,
And all its jurisprudence
Is twisted like a screw.
Connecticut's a crazy place,
And so is Arkansaw,
But Texas has, of all the states,
The most peculiar law.

They raise an oil well derrick in the city hall front yard,
And when the damn thing blows to hell they take it mighty hard.
Petroleum and rocks and mud are strewn all o'er the sod,
It makes a most unsightly mess, but it's just an act of God.

It's the damndest jurisdiction
This country ever had,
It has ten thousand cases.
And all of them are bad,
Oh, Minnesota's off the beam,
And so is Idaho,
But Texas has the wildest law
Upon this earth below.

A widow seeks indemnity upon a policee,
And she recovers double, with her attorney's fee,
For when she loaded arsenic into her husband's beans,
The late lamented met his death by accidental means.

It's the damndest jurisdiction
There is from coast to coast,
There's crazy law all over,
But Texas has the most.
They're lunatics in Michigan,
Also in Delaware,
But the common law of Texas
Will really curl your hair.

A loyal son of Texas goes out upon a spree,
And perpetrates six murders, some rape and burglaree;
He ends upon the gallows--it's a proper end, of course-
But the reason that they hang him is, the bastard stole a horse.

It's the damndest jurisdiction
In the entire U.S.A.,
And what will happen next there
No man alive can say.
They do strange things in Maryland,
Likewise in Oregon,
But Texas has the wildest law
That e'er the sun shone on.

They as the jury questions, which may number twenty score,
Instructions that they give them take seven days or more,
And when the case comes on appeal the record grows and grows,
And what the last opinion holds, alas, God only knows.

It's the damndest jurisdiction
Upon this planet sad,
It's whole judicial process
Is absolutely mad.
There's schizophrenia in New York,
Also in Illinois,
But the common law of Texas is
A psychiatric joy


47 posted on 08/03/2005 1:51:57 PM PDT by Little Ray (I'm a reactionary, hirsute, gun-owning, knuckle dragging, Christian Neanderthal and proud of it!)
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To: SwinneySwitch

There used to be a concept in law called "contributory negligence," where if someone is injured and it's at least partly their own fault, the best to hope for would be a severely reduced award, if any. One instance is what happened when I lived on a grassy hillside and some guests were running in the rain as they left. One of them slipped and fell on her foot, breaking her ankle. When she talked about suing, I told her that it was wrong to assume that I should be held responsible for her decision to run on a wet, slick grassy slope. She eventually agreed.

So now a manufacturer might be found liable for someone's placing people in a refrigerated trailer, locking it from the outside, and those people letting them do it. Has the concept of contributory negligence been completely cast aside? Lawyers became sleazy about the same time they were allowed to advertise.


48 posted on 08/03/2005 2:14:07 PM PDT by Marauder (You can't stop sheep-killing predators by putting more restrictions on the sheep.)
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To: xcamel

BEYOND THE PALE

[Q] From Jon Pearce: “Any idea where beyond the pail comes from and what it means?”

[A] That’s a common misspelling these days because the word that really belongs in the expression has gone out of use except in this one case. The expression is properly beyond the pale. That word pale has nothing to do with the adjective for something light in colour except that both come from Latin roots. The one referring to colour is from the Latin verb pallere, to be pale, whilst our one is from palus, a stake.

A pale is an old name for a pointed stake driven into the ground to form part of a fence and—by obvious extension—to a barrier made of such stakes, a fence (our modern word paling is from the same source, as are pole and impale). This meaning has been around in English since the fourteenth century. By 1400 it had taken on various figurative senses, such as a defence, a safeguard, a barrier, an enclosure, or a limit beyond which it was not permissible to go.

In particular, it was used to describe various defended enclosures of territory inside other countries. For example, the English pale in France in the fourteenth century was the territory of Calais, the last English possession in that country. The best-known modern example is the Russian Pale, between 1791 up to the Revolution in 1917, which were specified provinces and districts within which Russian Jews were required to live. Another famous one is the Pale in Ireland, that part of the country over which England had direct jurisdiction—it varied from time to time, but was an area of several counties centred on Dublin. The first mention of the Irish Pale is in a document of 1446–7. Though there was an attempt later in the century to enclose the Pale by a bank and ditch (which was never completed), there never was a literal fence around it.

The expression beyond the pale, meaning outside the bounds of acceptable behaviour, came much later. The idea behind it was that civilisation stopped at the boundary of the pale and beyond lay those who were not under civilised control and whose behaviour therefore was not that of gentlemen. A classic example appears in The Pickwick Papers by Charles Dickens, dated 1837: “I look upon you, sir, as a man who has placed himself beyond the pale of society, by his most audacious, disgraceful, and abominable public conduct”. The earliest example I’ve found is from Sir Walter Scott in 1819.

It may be older than this, but it surely doesn’t date back to the period of the Irish Pale, or anywhere near. It is often said that it does come directly from that political enclosure, but the three-century gap renders that very doubtful indeed. The idea behind it is definitely the same, though.

Source

49 posted on 08/03/2005 2:28:27 PM PDT by MizSterious (Now, if only we could convince them all to put on their bomb-vests and meet in Mecca...)
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To: SwinneySwitch

Bump


50 posted on 08/03/2005 3:12:46 PM PDT by enots
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