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

Jack Simth · #1 May 30th, 2003, 10:10 AM

One problem with that is that it isn't a lack of common sense on the part of the judge that makes people want to appeal, but the fact that they lost the first time.

Another: how do you develop a test of common sense to give to the judges? Remember, this test is going to have to be given to all of the judges, must be fair, and must be very difficult to cheat on or very easy to discover cheating on.

But yeah, it would be great if more judges had more common sense. Common sense is seldom bad.

Unfortunately, common Sense is rather rare.

Fyron · #2 May 30th, 2003, 10:12 AM

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

) law suits. I hope I explained that correctly.

IANAL, afterall (and if you don't know what that acronym means, not my problem

- search on Shrapnel

).

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

Fyron · #3 May 30th, 2003, 10:13 AM

Quote:

But yeah, it would be great if more judges had more common sense. Common sense is seldom bad.

Unfortunately, common Sense is rather rare.

See previous post about common sense.

narf poit chez BOOM · #4 May 30th, 2003, 10:17 AM

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

Jack Simth · #5 May 30th, 2003, 10:33 AM

Quote:

Originally posted by Imperator Fyron:
Judges do use common sense. But, common sense is entirely subjective, and what seems common to you is not necessarily common to everyone.

That causes the same effect (perhaps just very similar effect) as it being rare.

Fyron · #6 May 30th, 2003, 10:35 AM

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).

Fyron · #7 May 30th, 2003, 10:37 AM

Quote:

Originally posted by Jack Simth:

quote:
Originally posted by Imperator Fyron:
Judges do use common sense. But, common sense is entirely subjective, and what seems common to you is not necessarily common to everyone.

That causes the same effect (perhaps just very similar effect) as it being rare.

But the point is that it is not rare. It is only your specific Version of common sense that is rare.