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| I Am The Law! Car accidents, personal injury, defamation, libel, malpractice, fraud, bankruptcy, debt, lawyers, corporate law, criminal law, jail, police conduct, prison, employment laws, workers compensation, real estate law, divorce and family court, taxes, education, immigration, military law, insurance, trademarks and copyrights, traffic and driving laws, class action law suits, and more. All of these are welcome topics in this forum.This forum is not intended to be a substitute for professional legal advice. Always seek the advice of professional with any questions you may have regarding a legal situation. Never disregard professional legal advice or delay in seeking it because of something you have read on any web site, including this one. Fair warning: If you're stupid enough to post a confession it could be held against you in a court of law. |
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#1
 2008-07-11, 22:50
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kev19x 
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Lawsuit question...Please Check
Let's say someone in Florida is suing their state for something unlawful.
If New York is doing it too could I sue them for it?
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#2
 2008-07-11, 23:12
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Re: Lawsuit question...Please Check
No because you would suffer no damage.
Unless you mean if New York State was perpetrating that act on you... than yea. But your question is vague.
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#3
 2008-07-11, 23:38
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kev19x 
Regular
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Re: Lawsuit question...Please Check
I'm sorry,it is a bit vague.Perhaps I should speak with a lawyer for specification purposes.Thanks
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#4
 2008-07-13, 02:07
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phmeworp 
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Re: Lawsuit question...Please Check
^^^ Could not agree with you more on that issue / aspect. But...
Since you are mentioning 'lawsuit', we have to assume you are referring to a civil case and not a criminal issue. For others who may be interested in such things:
Any properly drafted civil contract should includ a clause (normally near the end, just before, or immediately after, the severability clause) that states the jurisdiction under which the agreement should be interpreted.
Barring that clause, general law provides that if both parties are residents of the same state then the laws of that state shall prevail. If they are from different states, then it gets a bit tricky. Some states declare that the plaintif's state laws prevail, others hold the defendant's state laws rule. Anyone see a catch 22 here?
Bottom line: make sure you know/understand not only the terms and conditions of any contract you enter, but also under what jurisdiction that contract will be weighed.
It can make a HUGE diference.
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