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Posted: 12/2/2007 7:30:25 PM EDT
Ok, this has bugged me for some time. so I am gonna try to get some clarification as to how this works. I see constantly in legal discussions, both here and on tv (not like CSI, but like congress and real documentaries). where people of lawyerlike intelligence "People who make laws and stuff like that" site one case while debating another case. I was just reading the topic about ga carry and athens and it spawned this thought train in my head. Where, one "lawyer" basically says that there is no case, because it has been tried before.

Berryman cited a successful defense in Coweta County, where in June, a judge dismissed a similar lawsuit GeorgiaCarry.org filed in February. The organization appealed the decision, and the state Court of Appeals has not yet decided whether to hear the appeal
.

So since it was tried in wyoming, or anywhere else, means we arent supposed to go at it here? I understand that they are just trying to keep the legal system cluttered. Here is my issue with it.

1. The judge hould have been a total leftwing anti gun, jane Fonda courting hippie, this is going to throw bias into the decision.
2. If the lawyer on EITHER side was a pinhead, and the lawyer on the other was shit hot, and extremely cunning, the better lawyer is going to win, even if it is a stupid case.
3. Just because a lawyer can not make a case of his own, doesnt mean that he should be able to site some random case from 50 years ago, where bubba killed his wifes dog cause it was barking and his uncle Jethro the judge let him go, doesnt mean they should throw the case out.
4. Just because it right in California, doesnt mean its right here.

I am just trying to figure out how this works....I mean shit if you were to go congress and start quiting from the constitution about the second ammendment, they would just yell about how outdated it is....When do these court rulings become outdated?
Link Posted: 12/3/2007 6:04:22 AM EDT

Originally Posted By 762bodydropper:
Ok, this has bugged me for some time. so I am gonna try to get some clarification as to how this works. I see constantly in legal discussions, both here and on tv (not like CSI, but like congress and real documentaries). where people of lawyerlike intelligence "People who make laws and stuff like that" site one case while debating another case. I was just reading the topic about ga carry and athens and it spawned this thought train in my head. Where, one "lawyer" basically says that there is no case, because it has been tried before.

Berryman cited a successful defense in Coweta County, where in June, a judge dismissed a similar lawsuit GeorgiaCarry.org filed in February. The organization appealed the decision, and the state Court of Appeals has not yet decided whether to hear the appeal
.

So since it was tried in wyoming, or anywhere else, means we arent supposed to go at it here? I understand that they are just trying to keep the legal system cluttered. Here is my issue with it.

1. The judge hould have been a total leftwing anti gun, jane Fonda courting hippie, this is going to throw bias into the decision.
2. If the lawyer on EITHER side was a pinhead, and the lawyer on the other was shit hot, and extremely cunning, the better lawyer is going to win, even if it is a stupid case.
3. Just because a lawyer can not make a case of his own, doesnt mean that he should be able to site some random case from 50 years ago, where bubba killed his wifes dog cause it was barking and his uncle Jethro the judge let him go, doesnt mean they should throw the case out.
4. Just because it right in California, doesnt mean its right here.

I am just trying to figure out how this works....I mean shit if you were to go congress and start quiting from the constitution about the second ammendment, they would just yell about how outdated it is....When do these court rulings become outdated?


You just need to figure out where Coweta County is! It sure as hell ain't in Kalifornia or Wyoming. If you don't understand the concept of case law and precedent, then study up a little on that, too.
Link Posted: 12/3/2007 9:23:20 AM EDT
[Last Edit: 12/3/2007 9:23:54 AM EDT by Malum-Prohibitum]
Other trial courts in Georgia have no precedential value in State or Superior court. In addition, in the Coweta case, there was no reasoning in the opinion, so it would not be helpful even if the case had precedential value. The Coweta case was appealed to the Georgia Court of Appeals, which, contrary to the impression left in the story, will issue an opinion in the first quarter of 2008. That opinion, assuming the Court of Appeals reaches the merits, will have precedential value.

I say "assuming," because there are a number of technical issues on which the Court could rule instead. For instance, the Coweta County Superior Court granted Coweta County's motion for summary judgment 2 days after Coweta County filed it. GCO has 30 days to respond under the rules, but it was not permitted to do so. GCO has asked the Court of Appeals to ignore that blatant procedural error and rule on the merits of the dispute, since all of the arguments are in the record (GCO had its own motion for summary judgment). There is no guarantee that the Court of Appeals will do so, but GCO expects a ruling on the merits in the first quarter of 2008 that will have a statewide effect, including Athens.
Link Posted: 12/3/2007 12:19:05 PM EDT
7.62 google the following definitions and I think you'll get on the right track.

Stare Decisis
Res Judicata
Link Posted: 12/3/2007 6:28:35 PM EDT

Originally Posted By Reaganstein:

Originally Posted By 762bodydropper:
Ok, this has bugged me for some time. so I am gonna try to get some clarification as to how this works. I see constantly in legal discussions, both here and on tv (not like CSI, but like congress and real documentaries). where people of lawyerlike intelligence "People who make laws and stuff like that" site one case while debating another case. I was just reading the topic about ga carry and athens and it spawned this thought train in my head. Where, one "lawyer" basically says that there is no case, because it has been tried before.

Berryman cited a successful defense in Coweta County, where in June, a judge dismissed a similar lawsuit GeorgiaCarry.org filed in February. The organization appealed the decision, and the state Court of Appeals has not yet decided whether to hear the appeal
.

So since it was tried in wyoming, or anywhere else, means we arent supposed to go at it here? I understand that they are just trying to keep the legal system cluttered. Here is my issue with it.

1. The judge hould have been a total leftwing anti gun, jane Fonda courting hippie, this is going to throw bias into the decision.
2. If the lawyer on EITHER side was a pinhead, and the lawyer on the other was shit hot, and extremely cunning, the better lawyer is going to win, even if it is a stupid case.
3. Just because a lawyer can not make a case of his own, doesnt mean that he should be able to site some random case from 50 years ago, where bubba killed his wifes dog cause it was barking and his uncle Jethro the judge let him go, doesnt mean they should throw the case out.
4. Just because it right in California, doesnt mean its right here.

I am just trying to figure out how this works....I mean shit if you were to go congress and start quiting from the constitution about the second ammendment, they would just yell about how outdated it is....When do these court rulings become outdated?


You just need to figure out where Coweta County is! It sure as hell ain't in Kalifornia or Wyoming. If you don't understand the concept of case law and precedent, then study up a little on that, too.


I do know where coweta county is, I was using california and wyoming as hypothetical places. I know what a finding in one ga county has to do with another. I was just using that quote as a reference. And I started this thread as to not get the topic confused with the topic where the quote came from....But I guess you need to study up on that eh?
Link Posted: 12/5/2007 11:39:19 AM EDT

Originally Posted By Malum-Prohibitum:
Other trial courts in Georgia have no precedential value in State or Superior court. In addition, in the Coweta case, there was no reasoning in the opinion, so it would not be helpful even if the case had precedential value. The Coweta case was appealed to the Georgia Court of Appeals, which, contrary to the impression left in the story, will issue an opinion in the first quarter of 2008. That opinion, assuming the Court of Appeals reaches the merits, will have precedential value.

I say "assuming," because there are a number of technical issues on which the Court could rule instead. For instance, the Coweta County Superior Court granted Coweta County's motion for summary judgment 2 days after Coweta County filed it. GCO has 30 days to respond under the rules, but it was not permitted to do so. GCO has asked the Court of Appeals to ignore that blatant procedural error and rule on the merits of the dispute, since all of the arguments are in the record (GCO had its own motion for summary judgment). There is no guarantee that the Court of Appeals will do so, but GCO expects a ruling on the merits in the first quarter of 2008 that will have a statewide effect, including Athens.


GCO members should check their email today.
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