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Can a person fabricate convincing lawsuits and is the State powerless?

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Can a person fabricate convincing lawsuits and is the State powerless?

Postby jolie » Thu Mar 31, 2011 8:39 am

From my many Q and A sessions on this site I've identified a number of areas where modern law is totally powerless to act. I appreciate further input from the many lawyers and law students, but the case stands at present as follows:

1) The restaurant caper. A patron walks into a fancy restaurant and sits down at a table. He takes three bites out of whatever is served to him - he swallows the first two and spits out the third, then summons the waiter and forcefully complains that the food is terrible. He patiently allows the waiter to try to make things better, while all along he knows that whatever the waiter tries to do will be of no avail. If the waiter offers him a free meal - he accepts and gets two meals for the price of one. If the waiter offers him a discount on the bill - he accepts and pays less. If the waiter offers to bring him a new serving - he accepts and then repeats the whole performance again (having swallowed two more mouthfuls). Should the waiter refuse to remedy the situation, he "pays under duress" and leaves, threatening to sue. He then sues the restaurant, producing suitably doctored snapshots of the food he ate (making it look horrible), witnesses in the form of his associates, and much sobbing. By simultaneously filing many hundreds of such lawsuits he keeps himself well fed. If any attempt is made in any given trial to bring up previous trials or if the judge has already tried one of his cases - he can appeal the sentence claiming unfair bias. After all, a person could be unlucky and have several bad meals over the course of a month.

2) The bank scam. A group of criminals rob a bank and, while fleeing, toss the money into some bushes - making sure first that the money isn't marked and is in a suitably incongruous attache case. A few hours or days later, their accomplices "find" the case, take it overseas and launder the money. Since the money was found the accomplices, who plead ignorance to the robbery, are under no legal obligation to turn it into the police. The police and courts have no way of proving the accomplices were in on the scam and no way of forcing them to give up the money.

3) The loose stair. A person loosens a stair leading down to his basement. While walking down the stairs one summer with a visitor he "forgets" to warn his guest of the stair and the guest falls and breaks his leg. The guest can't sue him for damages - because he'd completely "forgotten" that the stair was broken and it took place months before. You can't sue a person for being forgetful. Further, the owner could deny all knowledge of the loose stair - and it could never be proven otherwise.

4) Medical malpractice. A person receiving an injection at a clinic deliberately moves and breaks the needle - then sues the clinic for negligent malpractice. How are you going to prove he did it deliberately?
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Can a person fabricate convincing lawsuits and is the State powerless?

Postby wardell » Thu Mar 31, 2011 8:55 am

1) He would spend more in court costs than the cost of the food.

2) You make the HUGE assumptions that A) they could get out of the bank with the money and nobody following or watching them. B) the money in the bag would not be marked and that they would actually have time to make sure it is not marked. C) nobody else would find the bag.

3) This is just dumb. Regardless of if they "forgot" to tell the person or not, they would still be liable for the injury because it is their property.

4) If they moved deliberately or not, it is still their fault for moving. This is not malpractice and it would be tossed out of court.
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Can a person fabricate convincing lawsuits and is the State powerless?

Postby dana » Thu Mar 31, 2011 9:03 am

The "rule of thumb" I like to remember about law & justice is this:
Anybody can sue anyone at any time for anything.

Now, with that in mind, understand that many of those lawsuits will either be rejected ("tossed out") as Frivolous; many others will be settled out of court between the two parties involved, requiring no courtroom resources.

Others will be either mediated or arbitrated, utilizing some but not many courtroom resources.

It is the rare case (of the ones you list) which would make it to courtroom trial.

Also, records are kept as to number, type and recurrence of cases brought by any individual.

Finally, many cases (like the one involving the woman who spilled hot coffee on herself at a McDonalds drive-thru) that do make it to trial (page 1 headline) and win a large monetary award, later have that award amount tremendously reduced on appeal (page B17 "news tidbit").
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