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  #1  
Old 06-05-2008, 08:38 PM
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How to tell when a attorney is Lying [Part I - Can they speak truth?]

I've been noticing that a few make references to themselves as "attorneys" and speak of how crazy some people are on this forum.

I have questions and a request for the "attorneys":

Questions:

1. When briefing a case, is the rationale/reasoning of a case relevant?

2. If so, how important is rationale/reasoning?

3. Is there ever a time when rationale/reasoning is not a factor in a case?

4. If so, when are the times rationale/reasoning is not?

Request:

Please enlighten the crazies on this forum as to exactly what is the rationale/reasoning of the ruling of the decision in the case People v. Sava (1987) 190 Cal.App.3d 935
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Grammar & style are NOT strawman theories!!!
Quote:
Originally Posted by Soldier of Truth
There is no foundation or support for "persons" in the English language, or in the rules of grammar of the English language, any more than it is for one's name to be "correctly" and "properly" spelled IN ALL CAPITAL LETTERS.
Quote:
Originally Posted by Little Brother 192
What on Earth are you referring to when you say "Rules of grammar?" I have no idea what argument you trying to make. I also therefore have no idea what you are referring to in my essay.
"To hold a pen is to be at war." Voltaire

Last edited by Soldier of Truth : 06-06-2008 at 12:32 AM.
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  #2  
Old 06-06-2008, 10:44 AM
Lawdog Lawdog is offline
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answers

Quote:
Originally Posted by Soldier of Truth
I've been noticing that a few make references to themselves as "attorneys" and speak of how crazy some people are on this forum.

I have questions and a request for the "attorneys":

Questions:

1. When briefing a case, is the rationale/reasoning of a case relevant?

2. If so, how important is rationale/reasoning?

3. Is there ever a time when rationale/reasoning is not a factor in a case?

4. If so, when are the times rationale/reasoning is not?

Request:

Please enlighten the crazies on this forum as to exactly what is the rationale/reasoning of the ruling of the decision in the case People v. Sava (1987) 190 Cal.App.3d 935

1) Yes
2) It depends.
3) No, I don't think so.
4) Question mooted by answer to #3.

Sorry, what the law is in California does not interest me enough to make me want to look that case up. The ruling of a California court is not binding on me or on the courts of Georgia, which is where I live. And I don't have a lot of respect for California courts right now anyway, given their recent rulings on home schooling and gay marriage.
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  #3  
Old 06-06-2008, 12:14 PM
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What was it Shakesphere said about Lawyers?

Quote:
Originally Posted by Soldier of Truth
Questions:

1. When briefing a case, is the rationale/reasoning of a case relevant?
Quote:
Originally Posted by Lawdog
1) Yes

Quote:
Originally Posted by Soldier of Truth
2. If so, how important is rationale/reasoning?
Quote:
Originally Posted by Lawdog
2) It depends.

Interesting, considering that EVERY academic source on "briefing" a case provides that "rationale/reasoning" of decisions are "based" upon it.

Quote:
Originally Posted by Soldier of Truth
3. Is there ever a time when rationale/reasoning is not a factor in a case?

Quote:
Originally Posted by Lawdog
3) No, I don't think so.

You don't "think" so. Hmmm....


Quote:
Originally Posted by Soldier of Truth
4. If so, when are the times rationale/reasoning is not?
Quote:
Originally Posted by Lawdog
4) Question mooted by answer to #3.


Quote:
Originally Posted by Soldier of Truth
Request:

Please enlighten the crazies on this forum as to exactly what is the rationale/reasoning of the ruling of the decision in the case People v. Sava (1987) 190 Cal.App.3d 935

Quote:
Originally Posted by Lawdog
Sorry, what the law is in California does not interest me enough to make me want to look that case up. The ruling of a California court is not binding on me or on the courts of Georgia, which is where I live. And I don't have a lot of respect for California courts right now anyway, given their recent rulings on home schooling and gay marriage.

There was no inquiry as to what your interests were in California law. There was no inquiry as to what California law is. There was no inquiry as to what your opinions are regarding your respect or lack thereof concerning California courts or opinions of home schooling and gay marriage.

Any experienced attorney can brief a case that isn't complex with little to no effort. People v. Sava is of a type that is not complex.

But thank you for your time and enlightening display of your nature.

Note:
I find interesting the abstract, hint of arrogance and condescending tone of this response. It seems as though some are on this forum to show their vibrato as opposed to sharing insight.

They deem some "crazy," but when the opportunity arrives to give examples by the posts they leave of how way off base the crazies are, they meet it half-ass.

I can maybe understand not responding to some things that they may consider foreign to the "law" they were schooled in. But, I find it telling when questions are posed within the realm of their training and it gets met with "what the law is in California does not interest me enough to make me want to look that case up." That type of response is a constant source of reminding of how ridiculous this whole system is (if he is an attorney as he purports to be--as this thread was directed at those who have held themselves out to be so ). That's like the ole "that's your interpretation" comment, which is the equivalent to "that's policy, but I don't know where it is and can't show you when you ask to see it" nonsense. Or the ever so popular, "you just didn't like my response." Like when it comes to "law" no one can read with comprehension, even when reading from "their" own sources, or sources that are promoted to be official sources for "everyone." So, if it's subject to interpretation like that then how can I be bound by this nonsense? Doesn't that mean that EVERYBODY "interprets" it differently? And if so, doesn't that make the one subject to the interpretations of any one with a gun at their whim? And if THAT's so, doesn't that equate to criminal activity? And if THAT's so, what's my recourse against a criminal?

For the most part I try to maintain a level of respect among those I have chance to communicate with on here. But despite this attempt at amicability there always has to be some with an unnecessary disdain in their communication. Why bother responding? Why bother being on this forum with that type of attitude? That's the internet for you I guess. Where the small can make themselves feel big. I guess that's a good thing. Something for everyone.
__________________
Grammar & style are NOT strawman theories!!!
Quote:
Originally Posted by Soldier of Truth
There is no foundation or support for "persons" in the English language, or in the rules of grammar of the English language, any more than it is for one's name to be "correctly" and "properly" spelled IN ALL CAPITAL LETTERS.
Quote:
Originally Posted by Little Brother 192
What on Earth are you referring to when you say "Rules of grammar?" I have no idea what argument you trying to make. I also therefore have no idea what you are referring to in my essay.
"To hold a pen is to be at war." Voltaire

Last edited by Soldier of Truth : 06-06-2008 at 12:19 PM.
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  #4  
Old 06-06-2008, 02:46 PM
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mrg mrg is offline
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How to tell when a attorney is Lying

His lips are moving?
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  #5  
Old 06-06-2008, 03:42 PM
moishanb moishanb is offline
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An attorney and a lie are the same thing. They are synonomous. Attorney and fraud are synonomous.
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  #6  
Old 06-07-2008, 10:31 AM
mnchicago mnchicago is offline
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Saturday 7 June 2008

A fiction cannot tell the truth.

---

Soldier Of Truth says:

> I find interesting the abstract, hint of arrogance and
> condescending tone of this response.

One of the reasons I only visit this site periodically is
because of the petty sniping that permeates many
posts. This is but another example.

I fail to see the described "tone" of the response,
unless it is because you are predisposed to the
respondent.

When I read the response, I viewed it as a casual one.
I have been in court on more than one occasion, and
from my experience, the rationale and reasoning by a
judge can often defy rationale and reasoning. In equity
courts, judges rule, period.

So the reponses seemed appropriate to me.

> For the most part I try to maintain a level of respect
> among those I have chance to communicate with on
> here.

Your level of trying here seems a bit thin. There have
been occasions when I have posted and was
miscontrued and attacked personally. It happens
simply because the written word cannot always convey
the message without someone reading their own agenda
into it.

> But despite this attempt at amicability there always
> has to be some with an unnecessary disdain in their
> communication. Why bother responding?

You choose to see disdain. I see an appropriate
response.

> There was no inquiry as to what your interests were
> California law. There was no inquiry as to what
> California law is. There was no inquiry as to what your
> opinions are regarding your respect or lack thereof
> concerning California courts or opinions of home
> schooling and gay marriage.

True.

There was also no qualification as to how you expected
one to respond.

The respondent did start out by saying "sorry," and then
qualified why he had no interest in the case in that it
does not apply to him, in Georgia, and then finished with
an editorial comment that was not out of line, whether
anyone agrees with it or not.

Take my response personally if you want, but I do not
know you. I have chosen it only because it serves as
a typical example of how unwarranted slams are made
as though justified as a routine matter.

Just my point of view,

mn
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  #7  
Old 06-07-2008, 12:01 PM
conststate conststate is offline
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Attorneys and the truth

I have known honest attorneys and judges that were far saner than some of the "liberation-fighters" I knew in northern New England. Those folks drove around with various bogus plates, "kingdom of heaven" license plates, antique plates, no plates, etc. One fellow said he would ride a horse in the future, when he was hauled before the judge--he kept getting others to drive him. The other fellow racked up tickets and hearings in five Vermont counties. They wanted him put away in an asylum. He once quoted Chirst's--"woe unto you lawyers"--as an attack on me for defending the rule of law--I had found him work, gave him a car and ordered him a foundational book for his cases. Jesus said to love your enemy, do good to them, etc. Maybe these deeply hurt and angry "liberation-fighters" will find their way back to civilized society.
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  #8  
Old 06-07-2008, 12:57 PM
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netwrkranger netwrkranger is offline
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I have a different take on it all.

There is a very heavy influence of religion in legal history. In most instances in history, religion and law were one. Case in point: the papal bulls of Dum Diversas, Romanus Pontifex, and others were used as justification for slavery and discovery (theft) of other peoples' lands. Those papal bulls were even used in justification of Supreme Court rulings. Who issued those papal bulls? In part, Nicholas V, a former pope of the Roman Catholic Church.

The English common law tradition developed out of religion, in part.

As to when an attorney is lying. I would pay very close attention to every word an attorney says. They are very skilled at not necessarily lying, but not giving you all the facts either. This allows you to leap to the conclusion they desire you to have. They tend to have intentional forgetfulness of aspects of law or statute that may run counter to their issued opinion. They may also redirect a conversation towards ends which don't entirely address the issue.

It never hurts to verify what they say for yourself, due to their numerous conflicts of interests. Doesn't hurt for an individual to study logic and rhetoric with deep study on fallacies and biases.

Conststate, I can't help, but ask. Do you believe in the 'Right To Travel'?

Last edited by netwrkranger : 06-07-2008 at 01:09 PM.
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  #9  
Old 06-07-2008, 01:38 PM
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Quote:
Originally Posted by conststate
Maybe these deeply hurt and angry "liberation-fighters" will find their way back to civilized society.

I do not think they are "fighting" "liberation," as you have, perhaps, unconsciously labeled it.

Maybe they have found "society" to be quite "civilized?"

Maybe you are the one "deeply hurt and angry" at people seeking something "different" than that which you have "accepted?"
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  #10  
Old 06-07-2008, 03:50 PM
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Soldier of Truth Soldier of Truth is offline
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Quote:
Originally Posted by mnchicago
Take my response personally if you want, but I do not
know you. I have chosen it only because it serves as
a typical example of how unwarranted slams are made
as though justified as a routine matter.

Just my point of view,

mn


First of all, this isn't court, and I don't have to "qualify" a request to a question. Besides that there was no need to "qualify" it because it is on briefing. I challenge you to find ANY article on "briefing" and see what the "few" fundamental elements are to briefing a case and then tell me it's some big undertaking that needs some sort of qualification for responses. They were simple questions that ANY student of law are faced with under study while learning how to read and understand how the courts interpret facts to law and law to facts. In law school future prospective attorneys read tons of case law that are from ALL OVER the union. So to pull one case (especially one that is not complex) is not too much to ask. And the particular case that I cited is not long or involved (complex issues).

Second, he could have just avoided the post altogether. The questions didn't appear one after the other without warning or after the first answer "popped-up," they were all presented at once.

Third, I didn't "slam" anybody. I made a statement of my "observation" that I found "interesting." At no time did I make a personal attack on Lawdog, or direct statements to Lawdog, therefore YOUR observation is misplaced and stating facts not present.

And as far as your take on the "sorry," an appearance of courtesy while being an ass doesn't take away from someone being an ass. Under your logic, one can commit assault and battery on you while saying "sorry" and apparently that makes it okay.

Fourth, you know what they say about when you assume, which again you make apparent by your comment "Take my response personally if you want. . . ." If comments are off-point, misread, and misrepresented what would make me take it "personally." In addition, in the one thing we do agree upon, you don't know me so why would I care?

Just like I find interesting some of the following comments such as yours and conststate. Yours are more replys to your own assumptions. Conststate, at a plain language reading, seems to be saying that he finds "liberation-fighters" who have a strong belief in what they were taught less honest and less sane than the judges and attorneys he's known. While it is commendable that he helped them out, I find it interesting that he believes those people have to "find [their] way back to civilized society]."

That to me is insane thinking (not that conststate's insane). What is "civilized" society but ones "belief system" as to how "they" feel someone "else" should act and behave.

IMHO the only true "laws" are the laws of nature. I.e. what's done that has the same universal effect no matter who says or what happens. E.g. A murder, an assault, a battery, a theft, a perceived insult, will all generate the same emotional feeling universally. Therefore those are natural laws. And therefore must be respected as such. The rest are just rules and regulations that are agreed to amongst participants.

What I also find interesting is how attorneys and judges know full well the "rules" of interpretation, and of "construction," but when others learn for themselves and use rationale and reasoning and ask questions that these same "sane" judges and attorneys refuse to answer, or answer in direct contradiction to their OWN rules, ignore the laws of property, the laws of contract, constitutional law, then all of a sudden everyone but them needs a psych-eval. Sell to each other and the "public" the "how-to" books and when your "how-to" excels then it becomes "your interpretation."

I've known some honest and sane attorney's myself, they're not attorney's anymore. I've met some judges that if you play by the rules with respect to court procedure and application of law and facts, they have decided within the confines of their authority (stare decisis, constitutional power, etc.). But that doesn't make them honest if they know something is being misapplied. ESPECIALLY against the oaths to the constitution that THEY take and THEY proclaim is the "law of the land."

I also find it interesting how you attempt to rebuff me for a perceived "slam" with a covert "slam" of your own, but fail to realize that those whom conststate and (maybe) you perceive as crazies and out of line are only attempting to stand up on the principles that you are able to not only think but "say" on a forum such as this. The very principles that are mocked.

I have no need or desire to "slam" anyone. It was merely to "expose." As well it has. Because no matter WHAT anyone believes, FACTS stand on their own. No need to add, distort, or subtract from.

It is a FACT that NO service or product should be provided at the barrel of a gun.

It is a FACT that "loyalty [to the principle of law] is no longer the currency of the realm. . .currency is the currency of the realm." As so eloquently put in a recent film.

And the ONLY FACT of the matter is that "civilized" society is nothing more than about the bottom line.

"THE" bottom line--Do you understand that phrase? In case you don't: The bottom line is in reference to the line at the bottom of a financial statement that reveals how a business has done over a course of time.

So everyone can bitch and moan, insult and accuse, on the grand "scheme" of things it means nothing when looked at "factually." It is indisputable.

Cheers to all.

[END TRANSMISSION - END POST(ING)]
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Grammar & style are NOT strawman theories!!!
Quote:
Originally Posted by Soldier of Truth
There is no foundation or support for "persons" in the English language, or in the rules of grammar of the English language, any more than it is for one's name to be "correctly" and "properly" spelled IN ALL CAPITAL LETTERS.
Quote:
Originally Posted by Little Brother 192
What on Earth are you referring to when you say "Rules of grammar?" I have no idea what argument you trying to make. I also therefore have no idea what you are referring to in my essay.
"To hold a pen is to be at war." Voltaire

Last edited by Soldier of Truth : 06-07-2008 at 04:05 PM.
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