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To: FreeTally
So each individual should bear his own court costs? Wouldn't that mean that you could "penalize" someone by continually filing charges against them with the express purpose of bankrupting them?

Loser pays up as part of either punishment or in restitution for a false accusation. Sounds equitable and fair to me. Am I wrong?

17 posted on 01/29/2003 7:29:04 AM PST by Dead Corpse (For an Evil Super Genius, you aren't too bright are you?)
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To: Dead Corpse
So each individual should bear his own court costs? Wouldn't that mean that you could "penalize" someone by continually filing charges against them with the express purpose of bankrupting them?

I don't think that is possible. What you describe are frivolous lawsuits which are typically thrown out at the first hearing. There is a procedure though for having a judgement against a person who files such lawsuits. I can not remember the exact name for it. I think its "Chapter 'something' proceedings" or "sanctions". This can be brought against the attorney as well. Maybe another freeper more astute in the law knows the answer.

Loser pays up as part of either punishment or in restitution for a false accusation. Sounds equitable and fair to me. Am I wrong?

False accusations are one thing. Simply "losing" is another. However, it is hard to distinguish between the two sometimes. In the case in question, the suit shouldn't have even been allowed. The trial judge should have read the complaint and understood that a firearm manufacturer can not be sued for their product opperating in the maner it was created to.

I don't like alot of aspects of civil law, such as actions being deemed both criminal and civil(wrongfull death suits in acts of murder for one). But, I am not ready to accept a "loser pays all" system. In some cases it is warranted. In some it is not.

20 posted on 01/29/2003 7:52:14 AM PST by FreeTally (How did a fool and his money get together in the first place?)
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