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Subject: Re: Moderation: Defamatory post. [OT]

Author: Robert Hyatt

Date: 13:17:25 01/08/04

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On January 08, 2004 at 15:54:31, Mark R. Anderson wrote:

>On January 08, 2004 at 14:04:18, Robert Hyatt wrote:
>
>>On January 08, 2004 at 12:55:19, Steve Maughan wrote:
>>
>>>Christophe,
>>>
>>>[snip]
>>>>...And you would lose and have to pay for all the legal fees.
>>>
>>>This is the case under British law but, as I understand it, it's not the case
>>>for US law where everyone pays their own costs.  On this one I prefer the
>>>British system.  The US system seems to have the dynamic that if you have money
>>>you can bully other since they will need to find cash to defend themselves.
>>>Maybe this is the reason why there are so many lawyers in the US (~10% of my
>>>phone book is 'Lawyers')
>>>
>>>Steve
>>
>>You can counter-sue for "damages", which in this case would be attorney's
>>fees...  That happens often enough.
>
>Robert,
>
>I'm not a lawyer (so perhaps I can still hope to have my soul), but I have been
>told that you can sue someone under Tort law for "Misuse of Legal Process" where
>you can show that someone is merely legally bullying you, should have known they
>were wrong, or is just plain misusing the process.

That's what I was referring to above.  "damages"...


> Of course another opinion
>posted here that those with money can often bully those without in this country
>remains true.  Money does talk.
>
>Japan is a country where it is viewed as important to settle one's differences,
>and apologize, without suing.  There are many fewer lawyers per capita in Japan
>than in the US.  I heard that when Japan was at a very prosperous economic time,
>many American lawyers wanted to go practice in Japan.  The Japanese forbid them
>from doing that, because they were afraid the American lawyers would want to go
>around suing everyone, causing a big mess.  Now if only we could do that in this
>country ....
>
>Mark Anderson



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