Rosh! BEWARE!

SuAside said:
even if found guilty, the judge does not need to agree on the max amount demanded by the suer. at least in Belgium, but i dont see any reason why it would be any different in the USA.

so yes, the judge had a choice, even without counter arguments presented.
Yes, he had a choice in selecting the amount. The amount, however, must be selected based on the jurisdiction in place. Jurisdiction dictated an amount of 11.3 million dollars. Yes, this is a lot. No, I don't think the woman deserved this. But this *is* how the law works. Whether or not you agree with the amount is completely irrelevant.

just because i sue you for 1 billion dollars for driving over my roses in my yard, and you dont show up in court, doesn't mean i'll get my billion awarded, you know? what kind of moronic statement is that, Sander?
The plaintiff never asked for a certain amount, so this is not anywhere near what I said. Get your facts right, SuAside.
The plaintiff, however, did make the claim that her business and person was ruined due to the defendant's slander and libel. And because the defendant never showed up to fight this claim, the judge had to judge guilty. Hence he had to select a punishment in line with what the defendant was charged with (slander and libel, I believe, which led to the plaintiffs person and business being ruined). Looking at jurisdiction, then, the judge (or jury, doesn't matter) had to come to a similar amount.

The plaintiff claimed that she had been ruined by the defendant. The defendant is found guilty of this fact. Hence the judge or jury *has* to award damages in line with the claim of the defendant's business being ruined. This is simple law.
However, when you seek a certain amount of damages this works differently. You always have to make a claim, and you can then say 'I want this amount' but the judge has to decide whether or not the amount you seek is in line with the claim you made if you are judged to be in the right.
 
my facts? shit, you're the one that says someone can sue over 'ruined business'. you can't, but you can sue over slander and libel...

and how do you know he didnt ask a certain amount of money?

either way: bullshit law, bullshit court... no wonder americans have so many retarded court battles.
 
SuAside said:
my facts? shit, you're the one that says someone can sue over 'ruined business'. you can't, but you can sue over slander and libel...
You *can* sue over slander and libel which caused your business to be ruined. Since there is no counter-argument given, the judge must accept this claim.

SuAside said:
and how do you know he didnt ask a certain amount of money?
Because it says so in the article. The article *you* posted.
SuAside said:
either way: bullshit law, bullshit court... no wonder americans have so many retarded court battles.
For as far as I know this works in exactly the same way in Belgian courts.
 
Sander said:
For as far as I know this works in exactly the same way in Belgian courts.
nope, not this badly, thank god. (while it has many flaws, it's not that moronic)
 
Silencer said:
Scheff said:
People are using the Internet to destroy people they don't like, and you can't do that."

Oh well. I guess us fallouteers should just stick with them Sharpened Spears and Turbo Plasmas to destroy people.
Well, I don't know about you, but i will :D
 
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