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<blockquote data-quote="Wincenworks" data-source="post: 9159619" data-attributes="member: 7038835"><p>It makes more sense when you remember that in criminal defence, your discovery process is: "Give me everything and answer all my questions." and the prosecution pretty much either has to do so or produce a court order that says they can't because of special circumstances. The interests of justice in Criminal courts demand that the burden of proof lie with the prosecution, and that they give every opportunity and courtesy to the defendant.</p><p></p><p>In the Common Law system, civil cases are considered purely adversarial - and the plaintiff is expected to come in with a theory and a plan to prove that theory - Justin's lawyer seems to have precious little experience in this aspect of law. </p><p></p><p>He's probably quite skilled at bringing up rules regarding criminal procedure off the top of his head, finding the weaknesses in a prosecutors case and interviewing the defendant to find every single possible claim of wrong-doing they have suffered and how to use it against the prosecution. None of this will help him.</p><p></p><p>Furthermore he's probably in the habit of not looking up the rules, since he'll know most of them for his day-to-day off the top of his head and probably has a lot of experience making policy argument. He also may or may not be suffering from issues of ego and entitlement where he feels that it is beneath him to look up such rules - and/or may not be getting paid enough to invest extra time.</p><p></p><p>I heard you - and here are my main points:</p><p></p><p>1. You are more at risk of a spurious defamation case by simply repeating what you believe as a fact than expressing a negative opinion - its important to understand this because its how various demagogues and hate groups survive; and</p><p>2. Democratic society relies upon engagement by the populace, so it is important that people stand up to those who want to engage in a way that makes things worse.</p><p></p><p>The legal system is far from perfect, to the extent numerous lawyers joke that "we don't have a justice system, we have a revenge system" but it's not going to get any better by shrugging and just letting bullies have their way.</p></blockquote><p></p>
[QUOTE="Wincenworks, post: 9159619, member: 7038835"] It makes more sense when you remember that in criminal defence, your discovery process is: "Give me everything and answer all my questions." and the prosecution pretty much either has to do so or produce a court order that says they can't because of special circumstances. The interests of justice in Criminal courts demand that the burden of proof lie with the prosecution, and that they give every opportunity and courtesy to the defendant. In the Common Law system, civil cases are considered purely adversarial - and the plaintiff is expected to come in with a theory and a plan to prove that theory - Justin's lawyer seems to have precious little experience in this aspect of law. He's probably quite skilled at bringing up rules regarding criminal procedure off the top of his head, finding the weaknesses in a prosecutors case and interviewing the defendant to find every single possible claim of wrong-doing they have suffered and how to use it against the prosecution. None of this will help him. Furthermore he's probably in the habit of not looking up the rules, since he'll know most of them for his day-to-day off the top of his head and probably has a lot of experience making policy argument. He also may or may not be suffering from issues of ego and entitlement where he feels that it is beneath him to look up such rules - and/or may not be getting paid enough to invest extra time. I heard you - and here are my main points: 1. You are more at risk of a spurious defamation case by simply repeating what you believe as a fact than expressing a negative opinion - its important to understand this because its how various demagogues and hate groups survive; and 2. Democratic society relies upon engagement by the populace, so it is important that people stand up to those who want to engage in a way that makes things worse. The legal system is far from perfect, to the extent numerous lawyers joke that "we don't have a justice system, we have a revenge system" but it's not going to get any better by shrugging and just letting bullies have their way. [/QUOTE]
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