Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

I am not quite sure you entirely understand what an appeal is. An appeal is when you lose a case in a lower court and then submit it for a re-ruling to a higher court. No method of ruling on a case can ever in any way shape or form prevent someone from filing an appeal. The only thing that can (and does) prevent some cases from being appealable is when it is ruled on by the highest level of court that will see such a case. So, if you are a US citizen, a case in which you are suing someone can't very well be appealed to the US Supreme Court (unless you are making a suit that would begin there, which is a special case) because it does not hear petty (as in, not against government officials or government agencies (or states themselves http://forum.shrapnelgames.com/images/icons/icon12.gif ) law suits. I hope I explained that correctly. http://forum.shrapnelgames.com/images/icons/icon12.gif IANAL, afterall (and if you don't know what that acronym means, not my problem http://forum.shrapnelgames.com/images/icons/icon12.gif - search on Shrapnel http://forum.shrapnelgames.com/images/icons/icon12.gif ).

Judges do use common sense. But, common sense is entirely subjective, and what seems common to you is not necessarily common to everyone.

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

<font size="2" face="Verdana, Helvetica, sans-serif">See previous post about common sense. http://forum.shrapnelgames.com/images/icons/icon12.gif

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

1: is i 0.5 inch long, 0.1 inch deep cut on your finger a:
a: miner cut
b: hospital emergency
c: reason to sue

2: if you do something stupid, is it:
a: your fault
b: not your fault
c: reason to sue

3: if someone says something irritating to you, is it:
a: time to say "that's irritating"
b: horrible
c: reason to sue

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

<font size="2" face="Verdana, Helvetica, sans-serif">That causes the same effect (perhaps just very similar effect) as it being rare.

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

That post has nothing to do with what we were talking about (appeals)...

Also, it is impossible to write absolute guidelines for whether a case is "courtworthy" or if it should be allowable in court. And again, all judges exercise their Version of common sense. You can not possibly expect to absolutely codify something as subjective as common sense.

There is no absolute guideline possible for when something you did is stupid or not. It might have been, but again, "stupid" is fairly subjective. What is stupid to you is often not stupid to others. It can be, but it is not necessarily the case.

Also, someone irritating you is actually a valid grounds for suing them, if they constantly bother you day after day after day and you always tell them to leave you alone. Get a restraining order slapped on them (not all suits have to do with money, you know).

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

<font size="2" face="Verdana, Helvetica, sans-serif">That causes the same effect (perhaps just very similar effect) as it being rare.</font><hr /></blockquote><font size="2" face="Verdana, Helvetica, sans-serif">But the point is that it is not rare. It is only your specific Version of common sense that is rare. http://forum.shrapnelgames.com/images/icons/icon12.gif

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

if it hurts and your not exercising, it's probably stupid.
perhaps i didn't make it clear, that option for telling them it's irritating was for the first time.
sleep now.

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

<font size="2" face="Verdana, Helvetica, sans-serif">Which is the same effect (or very neraly so), which is what I said.

[ May 30, 2003, 09:40: Message edited by: Jack Simth ]

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

I believe McDonalds eventualy won that case.

If they gave a test for common sence I would flunk it.

Re: Space Empires V or ridiculous lawsuits? What is the connection?
 

A search of the internet turns up scads of links all pretty much saying the same thing:

1. McDonald's lost the case
2. Initial damages were levied at 200,000 in consempatory damages and 2.7 million in punitive damages.
3. The decision was not overturned, but the awards were lowered to 160,000 and 480,000 respectivly.
4. McDonalds WAS pretty reckless in their behaivior before the accident and callous towards the injured afterwards.
5. Contrary to popular opinion this case maybe wasn't a frivilous lawsuit after all.

Makes you wonder what else we all have wrong, doesn't it? http://forum.shrapnelgames.com/images/icons/icon12.gif

Geoschmo

[ May 30, 2003, 13:59: Message edited by: geoschmo ]