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[tips_and_tricks] Re: CAPS & TRAPS.

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  • Baer
    t 06:53 PM 6/10/2008, you wrote: Frivolous has also been declared by the courts to apply to a position that has very little chance of winning, regardless of
    Message 1 of 5 , Jun 10, 2008
      t 06:53 PM 6/10/2008, you wrote:

      "Frivolous" has also been declared by the courts to apply to a
      position that has very little chance of winning, regardless of
      whether the issue being raised is legally correct or wrong.

      Reb
      **************************************

      --- In tips_and_tricks@yahoogroups.com, "paradoxmagnus"
      <paradoxmagnus@...> wrote:
      >
      > People should realize that ANY ARGUMENT made WITHOUT evidence to
      > PROVE it is BY DEFINITION "frivolous".
      >
      > Definition - FRIVOLOUS
      > : lacking in any arguable basis or merit in either law or fact
      > (Merriam-Webster's Dictionary of Law, 2001)
      >
      > *******SNIPPED*********

      It occurs to me that the characterization of any argument as 'frivolous' is inconsistent with anything that could lay claim to 'impartiality', even when unaccompanied by supporting evidence. A prosecutor could initiate such an objection, but then he would be in the position of introducing a supporting argument with the defendant allowed an opportunity for rebuttal. Prejudgement of any kind is a serious omission from due process; a judge cannot properly initiate such a thing on his own, and his doing so would be laying the groundwork for a demand for his recusal or worse.

      When convenient, judges routinely disregard even the best arguments when they are not properly introduced, as they should -- but convenience ought never be tolerated as the yardstick here. This is particularly true at the appeals level where such indulgences can be particularly damaging.

      Baer
      baer@...





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