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Old 23rd December 2008, 06:44 PM   #31
SY is offline SY  United States
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As a practical matter, no. This isn't Small Claims, it's Federal Court.

First, there are the interrogatories. Then discovery. You have to know the procedures and rules of evidence, case law to overcome objections and make objections, and the plaintiff will tie you up in knots answering those requests. You'd be dead right there. Then declarations, done in a dueling fashion, which also must be crafted with a deep knowledge of case law. Then comes depositions, where you'll have no clue as to what is allowed and what isn't, and probably get eaten alive. Then more declarations and maybe a pre-trial conference. You're not even close to getting to see a judge yet... Did I mention the expert witnesses?

I'm in a lawsuit at the moment which is as open-and-shut as it gets. But nearly a year into it, and with probably $250,000 in legal expenses so far for both sides, we're not even at the deposition stage yet.

If somehow I were expert enough and had enough time to maneuver my way through, I would arrive in front of a judge who, in all likelihood, will screw me over because he resents amateurs in his courtroom. Nope, the system is rigged.
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Old 23rd December 2008, 06:59 PM   #32
jkeny is offline jkeny  Ireland
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That's my point SY, this system favours the rich - it's not just the legal system it runs through all of the social systems we live with in the capitalist west. Look at the patents system, the banking system,etc

Again I don't want to sound like a "commie" but let's face up to the flaws in the only viable system we seem to be left with!
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Old 23rd December 2008, 08:06 PM   #33
SY is offline SY  United States
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Looking at all the other systems, what they all have in common is... favoring the rich.

Actually, the legal system here is abused by the not-rich as well; it costs little to file a lawsuit, lawyers like contingencies for a cherry case, so the concept of "go away money" has become entrenched.

Anyway, we're veering dangerously close to the Forbidden Zone (politics), so let's conclude this part of the discussion.
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