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Maestro
13-08-2003, 02:24 PM
Courts: call for the valium

There are a whole series of examples on these forums of people bitching about the law and the legal system, with people rolling out gems like "the law is fucked" or "the courts are shit" or "the government is a bunch of arseholes". It seems that people, regardless of country or system, and often without resort to any reasoning at all, hate the law. That shits me right off.

It needs to be pointed out that not all law is made specifically to piss the whining masses off. I'd go so far as to say very little of it is designed to do so. In fact, people seem to be inclined to complain even when the law doesn't affect them just so that they can sustain their habit of whinging about the courts, the government and lawyers.

I am the first to admit to the following things:
New South Wales was the second most litigious state in the world during the 1990's. That means more cases per person in NSW than all but one state in the world.
Many lawyers act unethically by initiating cases like those presented by America's Stella Awards (http://www.stellaawards.com/). It happens in Australia too, as ambulance-chasers are becoming more and more common.
Politicians do not always seem to act in the best interests of the operation of the law or the people effected by the law.


Despite all of these things, I can't believe that the law really deserves all the bitching. The first step in getting people to understand that "the law is not evil" is education and discussion.

So, I want to see if some of the problems people have with the legal system can be rationalised. When the law is in the wrong, it certainly needs to be said, but first we have to hear about what it's doing to people.



So people, post your legal horror stories from your own lives, the press, your families, friends and pet animals.

rickbitch
13-08-2003, 03:16 PM
:borg: :swear: :grr: :banana: :fart: :fu:

Hey cool, new smilies!

Sorry, just noticed.....

Anywho, on topic.

I don't have a problem with the law as such, however there are a few laws that I strongly disagree with. The main thing that shits me is the legal system, and the underlying process. It is full of such convoluted bullshit, and takes forever.

Here's an example. In the small claims process, there is a hearing. To most normal people, a hearing can be a stressfull thing. I quite frankly don't know what to say in such a high pressure situation. It would be far better for the magistrate to interview each party seperatly, with all the evidence in hand, and give them a chance to respond. The magistrate would get far better information from both parties, as they wouldn't have the stress of being in a courtroom full of people.

beowulf437
14-08-2003, 12:05 PM
I was once arrested for doing something that was perfectly legal only 20 days before. I haven't been the only person caught like this either. Thousands of people in the US are arrested charged and sometimes even go to prison for doing things that they didn't know were illegal.

In the US new laws are passed at a rate of 20 per day, often times leading to confusion amoung citizens, police and courts. The sad thing is what may be legal in one state may be a felony in the next state over and land you 5 years in prison. Though legal where I live, 6 miles from here oral sex is a felony.

Kyle
14-08-2003, 12:08 PM
Originally posted by beowulf437
Though legal where I live, 6 miles from here oral sex is a felony.

Yeah supposedly it's illegal here, I'm almost positive it's not enforced though...hopefully...haha

Aphrodite
14-08-2003, 01:04 PM
I agree with Rick - it is the underlying process which sux.

Eg. I had a dispute with my landlord and took it to a Rent Tribunal hearing. We sat for 3 days calling all witnesses , presenting evidence etc etc.
At the end of the hearing the magistrate said that he had no doubt that I had a strong case and was in the right - but because the original lease was not an official "Lease Agreement" as governed by law I would have to relodge the case with the Civil Court and start all over again.

I had another hearing for back payment of child support. Instead of being heard in the Family Law court, it was bumped into the Magistrates court. We sat around all day while the Magistrate dealt with traffic fines, search warrants, AVO's etc. We then got 45 minutes at the end of the day (it should have been a 3 day hearing). There was no time to present evidence or witnesses or generally present the case properly. Without reading the papers the magistrate made a ruling that "because I had managed to live within my means and had not run up a huge debt on credit card, he was not going to force the bastard to pay Child Support".
I could always appeal his decision in Family Court (at a cost of $10 000+) if I wanted a fair trial.

My brother also had a Family Law case. After 2 years he had managed to get a Custody/ Access agreement with his ex.
He was allowed to see his boys every fortnight and half the school holidays. When he went to pick the boys up, the bitch had disappeared for the weekend thus denying him his Access rights.
This happened 14 times in a row. He lodged more court papers ($10 000) and finally got a hearing having not seen his boys for nearly a year.
The magistrate upheld the original agreement and told the bitch she was a "naughty girl" and must have the boys available that weekend.
She knew the court system had no balls and once again took off with the boys. A third hearing 4 months later and all she got was an "official warning".
They should have slapped the bitch in jail !!

Laws are generally a good thing but it requires the magistrates and judges to uphold and ENFORCE the laws that have been created. If not, the laws are meaningless.

ShadowNemesis
14-08-2003, 01:05 PM
Originally posted by beowulf437
Though legal where I live, 6 miles from here oral sex is a felony.

Well there is the best excuse I have heard, "Not tonight dear, it's still illegal". That is just wrong that it is illegal.:aah:

kré
14-08-2003, 01:24 PM
i have no problem with law enforcers

i have no problem with the legal system

i have a problem with the large amount of laws that need to be changed to actually reflect modern society (that oral sex one is a good example)

ShadowNemesis
14-08-2003, 01:48 PM
What is wrong, is children under 10 can virtually do as they please, and the law doesn't really give a shit.:swear:


And making http://e4u.consoleradar.com/crazy/437.gif and http://e4u.consoleradar.com/crazy/1415.gif illegal is still wrong:grr:

Nandragon
15-08-2003, 01:28 AM
Still on the Georgia Law books

It is illegal for a single male (not married) to own a female sheep

I won't even go into my experiences with the legal system.