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DatingGold 06-25-2005 02:39 AM

FSC Question about Court Districts
 
Because the injunction was filed in District 10, does this court have the power make decsions outside of courts in other Districts.

So say you live in NY or FL, will those courts even care what District 10 says?

I'm not aware of a District you live in being aboe to grant you or rule on anything for you.

Please educate me.

Hornydog4cooter 06-25-2005 02:39 AM

I knew this thread was coming :1orglaugh

pr0 06-25-2005 02:41 AM

I think thats why its members only, they keep a master list of people in their offices within that district.

Saying that, i don't even sell porn, nor am i a lawyer.....

baddog 06-25-2005 03:20 AM

Alan, a quick lesson on law, and in particular, precedence.

When you go to local court, and you get a ruling on your case, this does not mean that I can go to court for the same thing, with the same arguments and be guaranteed the same results. For that to happen, you have to have gone to either a state appellate court, or a federal appellate court, or the supreme court, and the ruling has to have been published.

For example, I intentionally went thru the legal system in CA to get rid of the helmet law. I was able to get my conviction overturned in the state appellate court, however, the decision was not published, so you can not rely on the State of Calif vs Brown. I won, but it was only my win, no one else can use it.

Now, Sundance was heard in the 10th Circuit Federal Appeallate Court and the ruling was published. Anyone going to court in any court in the 6 states under the 10th's jurisdiction can use Sundance as a reliance (if an applicable case).

The other 11 circuits do not always have to agree. That is when you will find things going to the Supreme Court.

It is late, I hope it makes sense

DatingGold 06-25-2005 04:36 AM

Quote:

Originally Posted by baddog
Alan, a quick lesson on law, and in particular, precedence.

When you go to local court, and you get a ruling on your case, this does not mean that I can go to court for the same thing, with the same arguments and be guaranteed the same results. For that to happen, you have to have gone to either a state appellate court, or a federal appellate court, or the supreme court, and the ruling has to have been published.

For example, I intentionally went thru the legal system in CA to get rid of the helmet law. I was able to get my conviction overturned in the state appellate court, however, the decision was not published, so you can not rely on the State of Calif vs Brown. I won, but it was only my win, no one else can use it.

Now, Sundance was heard in the 10th Circuit Federal Appeallate Court and the ruling was published. Anyone going to court in any court in the 6 states under the 10th's jurisdiction can use Sundance as a reliance (if an applicable case).

The other 11 circuits do not always have to agree. That is when you will find things going to the Supreme Court.

It is late, I hope it makes sense

makes pretty good sense.. not bad for not being a lawyer :-) You fought the helmet law?

baddog 06-25-2005 06:42 PM

Quote:

Originally Posted by DatingGold
makes pretty good sense.. not bad for not being a lawyer :-) You fought the helmet law?


I used to be a paralegal, and yes. Gave the biker's rights groups a year to get rid of the law, and when they failed, took it upon myself.

I decided to get a helmet ticket (took me 4 months), and then represented myself in traffic court, and got convicted (as expected). I then went to the appellate courts (again, on my own), and got the conviction overturned.

I was the first person to beat a ticket for not wearing a helmet. ABATE had me speak at a few meetings, and I taught a few people how to win, but I did not follow up on their success rate.

I did help one girl that was a passenger on my bike beat the ticket she was issued, but that time the cop walked out of the courtroom rather than testify against her. I guess he had done a little research and realized that I was right, and did not want to deal with it . . . cops hate losing.


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