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Wed 15 Mar, 2006 12:12 pm
The Pa Game News had a recent article about how you may be having a bad day if.....
1You go out "hiway hunting" for deer (cf Dick Cheney's approach to quailing)
2You see a deer in someones front yard in a development
3You run your vehicle up on the curb, everyone piles out and starts blazing at the deer from 10 yards of less
4 Deer has miraculously escaped injury freom initial volley so you keep blasting and hit deer twice with salvo after a hasty reload (5 shot clips)
5You drag the deer to tie down to your pickup (deer is apparently feeling much better and begins to kick itself to good health)
6As you are dragging the kicking deer (great name for a rock band) back to your truck, you fail to notice homeowner who is hastily reciting your license number and car description to county emergency dispatch (we call it 911 service)
7Deer apparently feeling much better is dispatched by firing two more shots (mob style) into deers head. Bullets are high velocity shells so they easily pass through deer, into truck bed and sever several vital lines of communication to truck drive trai ( sverely limiting the ability to getaway from scene)
8 Old lady , driving down the street apparently on her way to Wal Mart is so startled by final shots, that she plows her car into your truck , which is not quite off the road(If you recall, weve driven over the curb , so the back end sortof "hangs out" intostreet. Truck begins to catch fire
9 Police and game commission show up at about the same time,(fire department is summoned also, sincenow burning truck is definately within the zoning requirement of a fire from an occupied building) and a great argument ensues among the various official organizations (law enforcement, game commission, fire marshall, and dog law enforce,ment and humane league) concerning the full count of violations youve accrued. (Its your lucky day because if , in Pa, you top over 10 individual counts, they will apply a "mass murderer rule that collectivizes the total penalties by means of some atatistical system that nobody understands but which sounds really complex)
10 Total fines and public service (in lieu of hard prison time) come out to over 25000$ and a severe limitation on when your hunting privileges would be restored (judge and state game wardens office argue about the actual temperature hell would have to achieve before such license restoration is accomplished)
11 All this happened in a 2005 pre Christmas hunt in which a father was exposing his pre-adolescent son to the wonders of nature and the principles of good sportsmanship that hunters display.
12 Hes appealing the decisions
update on my cat murderers, theres a number of sections in the Pa code that give me some relief. While I was away the cat killers lawyer had filed for a summary judgement and the judge disagreed.
what is a summary judgement?
Basically trying to get a quick decision by the judge based on some made up **** that the bad guys try to cobble, making me look like I have no case.Phuck them sez I, Ive already established a justice budget
TICO!! we need ya here
Quote
"SUMMARY JUDGEMENT - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgement as a matter of law."
...I still don't know what the hell it means.
well the judge figured out that I wasnt there and my attorney did his "Your honor Im aghast at how these people trifle with the process and try to deprive my client of his rights under the law" something like that.
Theyw erent successful anyway.
Get those damned cat murderers.
Well, it means exactly what it sounds like it should mean. Go judge!
Hes just a magistrate but hes the first line of such a case.
Cat murderers?? I guess Ii missed something? Is there a thread?
It was in the old Cat Room, Fishin'.
yeh. I wrote fishin a real long note and then I read it and dumped it. I need to move on but I still miss the damn little cat.
Ah! Ok, I think I'm caught up. Thanks for to pointer Roger!
Sorry to hear about your cat farmerman and I wish you the best in getting some sort of justice out of the situation. Summary judgement indeed! Bah.
You trying to call that guy a "hunter" farmerman?
You sure it wasn't Flavor Flave?
I dont judge em, I just report em and let you decide?
It wouldve been cool if he was in a Hummer wouldnt it? course then he couldnt have stood up and shot the deer in the truck bed.
Oh, deer.
Sounds like the summary judgement was that the hunters could kiss the judges hairy butt. Good on him, and go get 'em. Git 'er done!
2PacksAday wrote:Quote
"SUMMARY JUDGEMENT - A decision made on the basis of statements and evidence presented for the record without a trial. It is used when there is no dispute as to the facts of the case, and one party is entitled to judgement as a matter of law."
...I still don't know what the hell it means.
A "summary judgment" is granted following a motion of one of the parties (usually after discovery), and is appropriate when there is no factual dispute in the case, and one of the parties is entitled to a judgment based on law not fact. Usually the defendant files a motion for summary judgment when the law is on their side, and the plaintiff simply doesn't have a case. If a material fact is in issue, the case should proceed to trial where the facts will be decided.
Did that help?
Like I said before, I hope you stick it to these guys who shot your cat. They aren't hunters, they are dopes.
Yes that helped, thank you Ticomaya.
I thought I knew what it meant...then that paragrpah I posted made it sound much more complicated, your description was clearer.
Tico, having been a forensics guy on a number of insurance cases and mine claims, Ive always seen summary judgements tried at least once, and usually always are dumped . Is this just a "lawyering trick" to bring a rapid end to a case by making the other side look obstructionist?
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