To: Ga Bard who wrote (2148 ) 7/9/1998 11:23:00 AM From: Binder Read Replies (2) | Respond to
LOL...no lie! Seems like I am in court at least once a week for one thing or the other. The problem with our legal system today is that it is flooded with civil action, some legit, and some ridiculous. so many fraudulent cases out there, that the legitimate cases are often looked upon with cynicism and doubt. Of course, the attorneys add fuel to the fire by encouraging frivolous lawsuits. If you ever watch television during the daytime, when most people are at work, you will notice that the majority of the advertisments are by lawyers, encouraging people to sue someone for their circumstances. Personal responsibility has become a thing of the past. It seem that it is always someone else's fault. Even in the criminal cases, you often hear how the accused was "abused as a child", so someone else is to blame for the crime. It is enough to make one's stomach turn, because when people have indeed been legitimately wronged, they have to work twice as hard to win their case. burden of proof . In our system, the burden of proof almost always lies with the plaintiff in an action. The plaintiff must prove that the defendant commited the "wrongdoing", also referred to as a tort. "unable to indemnify" , which means that they cannot pay out to anyone other than the beneficiary and/or trustee(s). Even if a legal action were brought, and won, (again, not likely), and a judgment made, the trust still could not pay out to anyone other than the beneficiary and/or trustee(s). I do not know if this particular trust was set up this way or not, but it is a possibility. who to sue, but rather if they should do it at all. They could probably fork out $2500 to have a lawyer process it, but they have a very slim chance of ever recovering anything. who committed the wrong-doing, and direct their suit(s) there, as the burden of proof becomes much, much easier. VERY familiar with the system through the course of my work.
