Question For Lawyers

[BFritz21]

Does anyone know where I can file to have a ruling from a civil suit overturned?

I know I can't get money from it but I know of at least one other case that tried to use the ruling against them so I just want to make sure that no other families get screwed by this.

I also want this judge to look me in the eyes and try to justify this because I can pick every part of this ruling apart.

I also want to call him out because he never should have been ruling on the case in the first place.

Any help is greatly appreciated!

[fredtoast]

Time for appeal is long over.

If it makes you feel any better the decision you are talking about was not from an appellate court.  So there is no way any legal decision from that case can ever be "used against" anyone else.  There was no new legal precedent established in your case.

[BFritz21]

(09-15-2021, 07:12 AM)fredtoast Wrote: Time for appeal is long over.

If it makes you feel any better the decision you are talking about was not from an appellate court.  So there is no way any legal decision from that case can ever be "used against" anyone else.  There was no new legal precedent established in your case.

I wasn't talking about an appeal.  

I said that I know I can't get any money from the suit now but I just want to make sure no other families are screwed by the ruling.  I know there is a way to have the ruling thrown out so it can't be used as a basis for other rulings.

I know much, much more about this than you do.

[fredtoast]

(09-15-2021, 04:57 PM)BFritz21 Wrote: I know there is a way to have the ruling thrown out so it can't be used as a basis for other rulings.

The trial judge in your case just made findings of fact.  Findings of fact do not create any precedent that can be cited in other cases.  The only time you can cite a case is if it involves an appeal that addresses a rule of law instead of a finding of fact. No legal brief anywhere ever contains a citation to a trial court.  They only cite rulings from appeal courts.

(09-15-2021, 04:57 PM)BFritz21 Wrote: I know much, much more about this than you do.

Then why are you here asking questions?  Just go and and "have the ruling thrown out".

[BFritz21]

(09-15-2021, 06:33 PM)fredtoast Wrote: The trial judge in your case just made findings of fact.  Findings of fact do not create any precedent that can be cited in other cases.  The only time you can cite a case is if it involves an appeal that addresses a rule of law instead of a finding of fact. No legal brief anywhere ever contains a citation to a trial court.  They only cite rulings from appeal courts.

He didn't use the facts of our case, which is why I want this ruling thrown out.

Once again, you know nothing about the case, but I would LOVE to live debate with you why the ruling was so bad.

(09-15-2021, 06:33 PM)fredtoast Wrote: Then why are you here asking questions?  Just go and and "have the ruling thrown out".

I'm asking where I can go to file it so I can make my points to the judge about why this argument makes no sense.

[*bfine32*]

Courthouse??

[fredtoast]

(09-15-2021, 08:31 PM)BFritz21 Wrote: He didn't use the facts of our case, which is why I want this ruling thrown out.

This certainly an interesting issue.

What facts did he use?

Who put on evidence if you and the respondent in your case did not?

What did your lawyer say about him using evidence from a different case to decide yours?  I am not the greatest lawyer in the world, but even I could get something like this thrown out.

[fredtoast]

(09-15-2021, 08:44 PM)bfine32 Wrote: Courthouse??

Correct.


Now go do it Brad.

[BFritz21]

(09-15-2021, 08:52 PM)fredtoast Wrote: This certainly an interesting issue.

What facts did he use?

Who put on evidence if you and the respondent in your case did not?

What did your lawyer say about him using evidence from a different case to decide yours?  I am not the greatest lawyer in the world, but even I could get something like this thrown out.

He used facts that the driver had been caught by his parents drinking, that his parents had taken him driving in the cemetery, but somehow the judge decided that they couldn't foresee that he could ever possibly do that on his own, even though he was a maniac and would have be prone to erratic decisions because of the football game he had lost earlier in the day, which the judge knew because he was at the game and he knew how humiliating the loss would be because of the rivalry between the two schools.

[BFritz21]

(09-15-2021, 08:44 PM)bfine32 Wrote: Courthouse??

Is that where they just have trials or do you also file things like that down there?

[Sled21]

Brad, seriously.... and I'm probably not going to say this very much..... listen to Fred. You may know more about your particular case facts, but what he is telling you is Judicial Process.

[BFritz21]

(09-16-2021, 08:44 AM)Sled21 Wrote: Brad, seriously.... and I'm probably not going to say this very much..... listen to Fred. You may know more about your particular case facts, but what he is telling you is Judicial Process.

I countered all of his bias points.

He has proven time and time again that he posts based on emotion, not facts (and he has been wrong over and over), when it comes to me and my posts, so why would I listen to him now?

[fredtoast]

(09-15-2021, 11:07 PM)BFritz21 Wrote: He used facts that the driver had been caught by his parents drinking, that his parents had taken him driving in the cemetery, but somehow the judge decided that they couldn't foresee that he could ever possibly do that on his own, even though he was a maniac and would have be prone to erratic decisions because of the football game he had lost earlier in the day, which the judge knew because he was at the game and he knew how humiliating the loss would be because of the rivalry between the two schools.

I've heard all this before. Just because a juvenile has been in trouble before parents are not required to keep him in their sight 100% of the time until he becomes an adult. That is the law. That is how the judge ruled.

Also your choice to get in a car with a person you know had been drinking and would be acting crazy because of the game changes everything.  You can't claim the parents were negligent because they knew these things could possibly happen yet you were not also at fault because you knew these same things actually (not possibly) happened.

Yoy made a horrible decision and you paid for it. No one made you drink or get in that car. I feel sorry for you because almost everyone here has made bad decisions but did not suffer the consequences you did.

But if you really do believe in "personal responsibilty" you need to admit that you are to blame for your own decisions and stop trying to blame everyone else.

And i am done wirh this thread. You have made these same claims over and over again. No need to beat a dead horse.

[WeezyBengal]

Can Fred and Brad just get the octagon so we can end this once and for all?

[CKwi88]

(09-16-2021, 02:36 PM)WeezyBengal Wrote: Can Fred and Brad just get the octagon so we can end this once and for all?

Where's the dude who did the wrestling match between himself and Denny?

[BFritz21]

(09-16-2021, 12:46 PM)fredtoast Wrote: I've heard all this before. Just because a juvenile has been in trouble before parents are not required to keep him in their sight 100% of the time until he becomes an adult. That is the law. That is how the judge ruled.

Also your choice to get in a car with a person you know had been drinking and would be acting crazy because of the game changes everything.  You can't claim the parents were negligent because they knew these things could possibly happen yet you were not also at fault because you knew these same things actually (not possibly) happened.

Yoy made a horrible decision and you paid for it. No one made you drink or get in that car. I feel sorry for you because almost everyone here has made bad decisions but did not suffer the consequences you did.

But if you really do believe in "personal responsibilty" you need to admit that you are to blame for your own decisions and stop trying to blame everyone else.

And i am done wirh this thread. You have made these same claims over and over again. No need to beat a dead horse.

I WISH I COULD GO UP AGAINST YOU IN A COURTROOM! 

I was 15.  There's a reason 15-year-olds can't make important decisions for themselves and why parents have control over them (decision-making parts of the brain aren't fully developed until around 25).  

When did I ever say they should have him under supervision 100% of the time?

On a Saturday night, though, after losing the biggest game of his life, going to a party where they know drinking goes on and that the driver has driven before, it all makes sense as to why he did it and how it was foreseeable.  

No one made me drink and get in the car, but I also didn't expect him to go joy riding without my permission.

I'm not blaming anyone else, though, and I public "speak" about my bad decisions, which you know but you ignore to fit your narrative like I'm playing the victim and somehow need your advice.

You're done with this thread?

GOOD

You didn't ADD ANYTHING to the thread and you never do, yet you somehow think you know everything about any question I ever ask.

Once again, you throw out insults and take the thread to a place it never was going.

[George Cantstandya]

Brad some friendly advice if I may. This is a mostly football related message board and probably not the best place to seek legal advice. If you are serious about your question my advice would be to talk to a real world lawyer and see what they have to say. I don't mean to be rude, but this forum isn't really the place to ask for advice on legal matters. Heck, you would probably be better off asking on a reddit legal advice forum than here.

https://old.reddit.com/r/legal/
https://old.reddit.com/r/legaladvice/

Not that the above ensures you will get actual accurate legal advice from a professional on those reddits. In fact every post should be suspect. But at least it is a discussion group based on legal issues as opposed to this message board that is mostly football based. Even then talk to a real world lawyer if you are serious. The Internet is the worst possible place to get legal advice. Just like the Internet is the worst possible place to get medical advice. If you felt sick would you post here first asking what to do or talk to a doctor?