Sequels strife

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Re: Sequels strife

by Borgie » Sat Mar 30, 2019 4:46 pm

Thanks Elestan. That clears things up a lot for me.
I think I've got a much better understanding of this process now. However, this also helps to reaffirm that I do not wish to be a lawyer.

It seems to me that Summary Judgment should have very interesting results in this case. There appear to be a lot of claims as to what the law is, and how it applies.

Re: Sequels strife

by Elestan » Sat Mar 30, 2019 2:18 pm

Borgie wrote:
Sat Mar 30, 2019 1:14 pm
So what exactly does “Summary Judgment” do then? I though it was in used lieu of a trial. Or is a trial what happens when the judge has insufficient information to rule?
In a court case, there are usually two types of questions to be answered:
  • Questions of fact, i.e. "What actually happened?", and
  • Questions of law, i.e. "What does the law say about what happened"?
The jury decides questions of fact, but the Judge decides questions of law. At Summary Judgement, the Judge will resolve any claims that can be decided on questions of law alone. An example of this might be the interpretation of the 1988 contract under which the Star Control games were originally made. The Judge will also decide any questions of fact for which the evidence is so absent or so overwhelming that they determine that no reasonable jury could find any other way.

Resolving the questions of law usually simplifies the case considerably, giving the parties a more firm basis on which to conduct settlement negotiations before taking any still-unresolved questions of fact to the jury trial.

Re: Sequels strife

by Borgie » Sat Mar 30, 2019 1:14 pm

Thanks Elestan, helpful as usual.
I could have (and may have) read that information five times and not retained it.

Elestan wrote:
Sat Mar 30, 2019 3:56 am
...so that the Judge can rule on them in November. After that, there's a mandatory settlement negotiation prior to starting the final preparations for trial.
So what exactly does “Summary Judgment” do then? I though it was in used lieu of a trial. Or is a trial what happens when the judge has insufficient information to rule?

Re: Sequels strife

by Elestan » Sat Mar 30, 2019 3:56 am

Borgie wrote:
Sat Mar 30, 2019 2:40 am
What happens in October? Or was that an arbitrary date? (And why does this feel like a pun?)
That's when the summary judgement motions need to be filed, where both sides need to clearly spell out their legal arguments, so that the Judge can rule on them in November. After that, there's a mandatory settlement negotiation prior to starting the final preparations for trial.

Re: Sequels strife

by Borgie » Sat Mar 30, 2019 2:40 am

What happens in October? Or was that an arbitrary date? (And why does this feel like a pun?)

Re: Sequels strife

by Elestan » Sat Mar 30, 2019 2:14 am

2-23-6 wrote:
Fri Mar 29, 2019 11:52 pm
Anything new? I have to sue someone myself, so it reminded me of this thread.
Nope. Not likely to be any major news until October.

Re: Sequels strife

by 2-23-6 » Fri Mar 29, 2019 11:52 pm

Anything new? I have to sue someone myself, so it reminded me of this thread.

Re: Sequels strife

by Borgie » Sun Mar 03, 2019 1:51 pm

I've always thought the idea of crowdsourcing was really cool for any purpose.

I’ve often wondered how the information is verified. This is the perfect situation for opposing parties to inject false information. But maybe that could be handled by redundancy of volunteers.

I like the idea of tagging a whole email though, as it seems to alleviate some of the required legal skill.

I may not be able to help in this task, but what I can do; if more Stardock “tactics” are used, I may donate more to the P&F fund (another type of crowdsourcing).

Re: Sequels strife

by krulle » Sun Mar 03, 2019 8:38 am

I also meant th base work like tagging emails to certain topics, so that the lawyers can shift throug a certain topic without going through all emails, but only through those touching a certain topic.
The difficulty would be setting up a relevant classification, like how detailed the "topics" are without losing overview, and still being detailed enough to avoid an information overflow when sifting though the topic...

Re: Sequels strife

by Death 999 » Sun Feb 24, 2019 5:41 pm

Draxas wrote:
Tue Feb 19, 2019 6:03 pm
krulle wrote:
Thu Feb 14, 2019 6:53 pm
Pity that the content of whatever discover material has been handed over falls under non-dislosure requirements...
Otherwise they could outsource sifting through e-mails to "us"....
Unless you (and the rest of us) are a lawyer, this would be a BAD idea. The concept of legal importance in any document, especially something as typically transient as an email, is very difficult to ascertain even for lawyers, never mind laypeople. For example, at my job, we are told to retain any documents or emails that might even be peripherally related when a subject becomes the topic of a legal hold. But we are only saving these items so they are not inadvertently deleted, it is the counsel's job to go through and determine what, if anything, is relevant. Trying to make that sort of judgment call, especially without having all of the details of an ongoing case, is nigh impossible without a legal background, and may whatever deity you believe in help you if you destroy something important, even inadvertently. The penalties for that are quite stiff.

If they did it right, it could be not such a terrible idea. It would take a fair amount of work to set up, though.

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