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Strategies & Market Trends : Zeev's Turnips -- Ignore unavailable to you. Want to Upgrade?

To: Zeev Hed who wrote (284)	12/7/2000 8:55:13 AM
From: Bosco	Read Replies (1) \| Respond to of 644

Hi Carl & Zeev - indeed, I ve enjoyed the civil tongue in this thread. Zeev, it appears Mr Boies is trying to thread the needle. He would be toasted if he had tried to attack the "finding of facts" angle. Now, at least he got a chance. According to the commentators, indeed, the statutes seem to have fault-tolerance builtin. 20 years ago when I was a good friend of mine at NYU Law School, he told me that there was a movement in which judgement could be based on the affordability principle. That is to say, it is not so much of who is right and who is wrong, but who can afford it. It appears that it is quite prevalent in the malpractice cases until things get quite out of hand. OTOH, there is the RICO law, in which everything is tainted and deemed a fair game. Both seem to ground in some sort of consequential school with opposite conclusion. I guess it depends how the judges frame the rulings. Obviously, since the voters themselves did not do anything illegal, from the angle, their votes are as good as their neighor's. OTOH, if their neighbor's [democrat] votes were thrown out, the situation would be highly inequitable. best, Bosco

To: Zeev Hed who wrote (284)	12/7/2000 9:21:48 PM
From: Carl R.	Read Replies (1) \| Respond to of 644

You are right that it is a strange principle to consider the external circumstances in deciding cases, and in my opinion a very bad and unfair one. Bosco pointed out some other cases, but by far the most common one is the concept of "deep pockets". Juries consider the wealth of a defendant in setting damages, especially punitive damages. By my way of thinking judgements should be meted out based on principles of law and the chips should fall where they may. You and Bosco are also correct that trying to overturn a judgement based on facts is nearly impossible since the appellate court didn't get to see the evidence or hear the testimony. Judges who don't want to be overturned will carefully craft their decision as primarily findings of fact, and especially based on the credibility of witnesses, as these types of findings are virtually never overruled. Note that if Saul is overruled on findings of law, the case normally would be remanded to him for further proceedings consistent with the FSC decision. Thus just as the FSC can rewrite their decision so it will pass muster with the USSC, if Saul is overruled he should get the opportunity to rewrite his. Is it true that Saul is now a Republican? I have heard in several places that he is a Democrat. Carl

To: Zeev Hed who wrote (284)	12/7/2000 11:13:50 PM
From: Carl R.	Read Replies (1) \| Respond to of 644

Bush wins an absentee decision in Bay county where the Republicans sent out a mailer encouraging absentee balloting that "featured a picture of Gov. Jeb Bush and a seal that resembled the Florida seal". dailynews.yahoo.com Also from that article, the Judge in Seminole County seems skeptical of Gore position: ``Why should I not find there was substantial compliance by the voters and accept their vote?'' Leon County Circuit Judge Nikki Clark asked Democratic lawyer Gerald Richman during closing arguments in the Seminole case. and ``If the canvassers can tell the intent of the voter, why should the vote not count?'' she asked. Meanwhile in the FSC case(s) it isn't clear who is winning: dailynews.yahoo.com ...Bush lawyer, Phil Beck, said after the hearing ''... My guess is that not one of the three counsels who argued the case would venture a guess as to the outcome.'' And here is yet another lawsuit (in Duvall County, which Gore declined to contest or request a manual recount): blackelectorate.com Carl