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Fw: Pre-trial games; of UTMOST importance Re: [ed44] Settlement - Re: Chaconfucious say...

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  • Ed
    ... From: Ed To: ed44@yahoogroups.com Sent: Friday, August 20, 2004 7:31 AM Subject: Pre-trial games; of UTMOST importance Re: [ed44] Settlement - Re:
    Message 1 of 1 , Aug 20, 2004
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      ----- Original Message -----
      From: Ed
      Sent: Friday, August 20, 2004 7:31 AM
      Subject: Pre-trial games; of UTMOST importance Re: [ed44] Settlement - Re: Chaconfucious say...

      Subject: Re: [ed44] Settlement - Re: Chaconfucious say...

          I think your right. The activity before hearing/trial is a game. Show and tell & hide and seek. How good a player are you(or them)? is the assessment. Each player is(should be) ramping up for the skills of the other.
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      Chris - That is the way they will play it. IF YOU LET THEM. The activity before the trial is of utmost importance. If done properly you will not need to put anything to a judge/jury (trier's of fact) for a finding. The object is to put the law and the fact into the record.
       
      The way the game is played is this. If the Law and Fact is on your side the Attorney for the opposition, as part of their 'practice for profit', will try to 1 - muddy the record, 2 - confuse you and the idiot sitting on the bench. [Hide & seek]
       
      What you want to do is establish the facts, in the record, and declare the law that applies to the facts, in the record, so that they are beyond any dispute. [Show & Tell] Then the triers of fact (judge and/or jury) have no discretion. They must give you the 'Rule of Law'.
       
      If you are the defendant this means freedom from the sanctions (penal or civil) that are being sought by the plaintiff. If you are the plaintiff this means you get the sanctions that must then be applied to the defendant.
       
      In a case where civil sanctions (relief, redress & remedy) in the form of monetary compensation applies - the result will usually be an offer of settlement so that further expense of litigation and putting the case before a jury, with the risks associated, can be avoided.
       
      In a criminal case - the offer is a 'plea bargain' as settlement. Occassionally it might mean the prosecutor will agree to a dismissal.
       
      Maybe this is what you were saying and I just worded it differently for the less experienced among our group.
       
      Ed
      www.informed.org
      http://groups.yahoo.com/group/ed44/  Join our Experiment in OpenLaw
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