You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #79: yes, it works for me, but [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » Topic Forums » Election Reform Donate to DU
Land Shark Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-16-05 10:54 AM
Response to Reply #68
79. yes, it works for me, but
if you want all the details paganpreacher, you need to come in and pay an attorney fee, or have a debate with a jury of people familar with the law in this area. Without some indicia of seriousness, i am unsure if you really want to understand this.

we have a trial on spoliation (not 'spoilage') in early may.

there are other places in the law where a plaintiff is relieved of making a full case. in the doctrine of res ipsa loquitor, if a defendant has exclusive control over something and accidents don't usually happen except in the presence of negligence, the jury is allowed to infer negligence in the absence of any direct evidence that negligence caused injury. Here, the inference is well established, so the fight it usually over whether or not something is exclusively controlled by the defendant, and other factors that affect the applicability of the doctrine.

you may or may not know that there is a filed case in my state in which these issues may come into play (not the may trial though) It will be pretty easy to show a duty to preserve evidence when the election is being contested here and a letter written asking them to preserve evidence, but in the typical case there are statutes that require the preservation of election-related evidence.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » Topic Forums » Election Reform Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC