Law School..Pfff!
Being that I am in the infancy of my legal career, I still have much to learn about the practical aspects of filing civil lawsuits. Some things take a while to pick up, like conducting an effective oral deposition. Others, however, are so simple, that I seriously wonder if I got my money's worth in law school. Just today, for instance, after 1 1/2 years of being a licensed attorney, I learned that rather than responding to every sentence and paragraph in a complaint that has been filed in California state court, an Answer can simply consist of a "General Denial" with some affirmative defenses. How long is a typical General Denial? About one, maybe two sentences that include invoking the General Denial statute (Civil Code of Procedure Section 431.30(d)) and words that effectively say "The Defendant generally denies everything the Plaintiff is whining about." Good thing I don't work with any paralegals, or else who knows how long it would have taken me to learn this.
Reports and observations from a Southern California Faithful Conservative Catholic™ Asian-American attorney's perspective. Whew!
Friday, August 22, 2003
Miss. High Court Says Fetus is a Person for Wrongful Death Claims
Although somewhat philosophically disingenuous (see quotes from Justice Smith) it's a good decision that sets useful precedence.
Check out, though, this vile quote from an attorney with the ACLU, who was "troubled" by the ruling:
"Anytime the fetus is recognizable as a person it chips away at the foundation of Roe."
Replace "fetus" with "Black African" and "Roe" with "Dred Scott", and you got yourself an honest to goodness supporter of human slavery.
Although somewhat philosophically disingenuous (see quotes from Justice Smith) it's a good decision that sets useful precedence.
Check out, though, this vile quote from an attorney with the ACLU, who was "troubled" by the ruling:
"Anytime the fetus is recognizable as a person it chips away at the foundation of Roe."
Replace "fetus" with "Black African" and "Roe" with "Dred Scott", and you got yourself an honest to goodness supporter of human slavery.
Thursday, August 21, 2003
Hello, Logic Line?
California Dems back strategy of campaigning against the recall and voting for Bustamante to replace Davis. This seems to make about as much sense as being personally against abortion, but supporting the right of a woman to choose an abortion. Silly liberal Dems.
California Dems back strategy of campaigning against the recall and voting for Bustamante to replace Davis. This seems to make about as much sense as being personally against abortion, but supporting the right of a woman to choose an abortion. Silly liberal Dems.
Once Suspected Murderer of Ex-Wife's Lover Stays on Ballot
No, it isn't OJ, but since we got a porn king, a stripper, and a four foot has been child actor running for governor, I'm half surprised it's not.
No, it isn't OJ, but since we got a porn king, a stripper, and a four foot has been child actor running for governor, I'm half surprised it's not.
Tuesday, August 19, 2003
Virginia to Pursue Sodomy Charges Against 26 Men
The twist in this situation is that every case involves an act of sodomy in public. Thus, the Lawrence decision won't prevent these men from being prosecuted, right? Not according to folks like the ACLU who say that because Virginia's anti-sodomy law doesn't make a distinction between private and public sodomy, Lawrence precludes enforcement of the statute.
Repent Justice Kennedy, repent.
The twist in this situation is that every case involves an act of sodomy in public. Thus, the Lawrence decision won't prevent these men from being prosecuted, right? Not according to folks like the ACLU who say that because Virginia's anti-sodomy law doesn't make a distinction between private and public sodomy, Lawrence precludes enforcement of the statute.
Repent Justice Kennedy, repent.
Monday, August 18, 2003
We're All Basically Single Issue Voters
In order to pass the stink test with me, a political candidate must have the correct position on the issue of life. If the person is not pro-life, he/she will not get my vote, even though we may agree on every other issue. "But," some of you may rhetorically ask, "why base your vote on just one issue? There's nothing anyone can do about abortion anyway. It's legal, and it's going to stay that way for a long time" My response: There isn't anyone who can repeal the federal civil rights laws prohibiting racial discrimination. Yet, I'm sure if a political candidate you would otherwise fully agree with were to expressly state he/she was a racial supremacist who thought all non-Caucasions were less than human, you wouldn't even consider voting for him/her.
In order to pass the stink test with me, a political candidate must have the correct position on the issue of life. If the person is not pro-life, he/she will not get my vote, even though we may agree on every other issue. "But," some of you may rhetorically ask, "why base your vote on just one issue? There's nothing anyone can do about abortion anyway. It's legal, and it's going to stay that way for a long time" My response: There isn't anyone who can repeal the federal civil rights laws prohibiting racial discrimination. Yet, I'm sure if a political candidate you would otherwise fully agree with were to expressly state he/she was a racial supremacist who thought all non-Caucasions were less than human, you wouldn't even consider voting for him/her.
Glass Half Full/Empty Situation
Good news: Publisher of Penthouse Magazine goes BK. Bad news: The magazine's financial woes stem mostly from the wide availability of porn on the Internet.
Good news: Publisher of Penthouse Magazine goes BK. Bad news: The magazine's financial woes stem mostly from the wide availability of porn on the Internet.
Fish Wars
From the goofballs at Larknews.com: Motorists displaying IXOYE and Darwin "fish" symbols rumble.
You know, if you think about it, those Darwin fish symbols are pretty demeaning in that they are obviously meant to mock Christianity. If a person openly diplayed a symbol mocking Judaism or even Islam, how long do you think that person could go without incurring any kind of intense public chastisement? Such hypocrisy.
From the goofballs at Larknews.com: Motorists displaying IXOYE and Darwin "fish" symbols rumble.
You know, if you think about it, those Darwin fish symbols are pretty demeaning in that they are obviously meant to mock Christianity. If a person openly diplayed a symbol mocking Judaism or even Islam, how long do you think that person could go without incurring any kind of intense public chastisement? Such hypocrisy.
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