Post #124,498
11/6/03 1:51:20 PM
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They certainly can sue
They have basis in the juristiction, ergo they can sue.
The fact that they cannot be physically present due to immigration problems has no bearing, so long as they can pick up TelMex and call a lawyer somewhere.
jb4 "There are two ways for you to have lower Prescription-drug costs. One is you could hire Rush Limbaugh's housekeeper ... or you can elect me President." John Kerry
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Post #124,523
11/6/03 4:49:46 PM
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Not sure I buy that one....
They have basis in the juristiction, ergo they can sue.
Certain the offense occured in the juristiction - but do they have any right to the legal recourse in that juristiction? Do you, as a US citizen have the legal recourse (right?) to sue someone in say Mexico for an action committed in that country? Usually the point is moot, as unless that person is in the country the case never comes before a trial anyway. (And the exceptions are usually so extreme as to warrent approval of the case purely for political reasons.) But here we have individuals who are here illegally. Do they have the right to bring charges in a US Civil court that they were mistreated? (Ignoring, also, their own cupability to the crime is icing on the cake)
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Post #124,525
11/6/03 4:52:15 PM
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Cool, bring on the underage hookers
After all, if they're here illegally they can't press charges, right?
===
Implicitly condoning stupidity since 2001.
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Post #124,538
11/6/03 5:20:59 PM
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Not quite.
Even if they have no rights locally, using one still gets you in trouble for a) solicitation and b) child rape.
Child rape is a FELONY, boyo, and you'll be doing time in federal pound-me-in-the-ass prison for that one.
And I sure as hell wouldn't weep for ya. ;)
In that final hour, when each breath is a struggle to take, and you are looking back over your life's accomplishments, which memories would you treasure? The empires you built, or the joy you spread to others?
Therin lies the true measure of a man.
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Post #124,635
11/7/03 1:39:35 PM
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Yeah yeah ... and it's criminal not civil
Point is, just because the victim is foreign doesn't automatically mean the perp gets away with it.
===
Implicitly condoning stupidity since 2001.
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Post #124,526
11/6/03 4:52:16 PM
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Do rights accrue to persons
or only citizens?
Sure they can sue. There are US lumber companies trying to sue various provincial gov'ts up here all the time.
You want to watch it... if you take away the right to sue in this case, you're getting ready to set up a labour system that edges a lot closer to slavery than perhaps one might like.
--\n-------------------------------------------------------------------\n* Jack Troughton jake at consultron.ca *\n* [link|http://consultron.ca|http://consultron.ca] [link|irc://irc.ecomstation.ca|irc://irc.ecomstation.ca] *\n* Kingston Ontario Canada [link|news://news.consultron.ca|news://news.consultron.ca] *\n-------------------------------------------------------------------
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Post #124,530
11/6/03 4:57:19 PM
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Well,
I know for a fact that if I have basis for a suit in Germany, for instance, I can press that case in the German courts. I will need a German rechtsanwalt naturally, but that doesn't mean I can't bring the suit. And I don't even have to have set foot in Germany to file the suit; all I need is legal basis for the suit (in the eyes of German law, of course)
jb4 "There are two ways for you to have lower Prescription-drug costs. One is you could hire Rush Limbaugh's housekeeper ... or you can elect me President." John Kerry
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Post #124,533
11/6/03 5:05:54 PM
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Mumbo-legal rationalizations all -
Euphemism - don't enter the US without it + a glossary.
The *fact* that the US could not operate! from food harvesting through {name yer un-fav dirty jobs} without 24/7 "illegal" {wink wink nud} "aliens" - -
is, I believe, in the favored obscurant dead-language of The Court,
Prima Facie.
Let's see where This Case gets laterally arabesqued into non-coverage limbo, minute by minute. Will we hear word-one by say, December?
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Post #124,554
11/6/03 10:03:35 PM
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I cite a case
where an illegal immigrant won the lottery in California. They discovered he was illegal and sent him back to Mexico. He sued to get his winnings back and won. So it is possible to sue from Mexico and not be a US Citizen.
I hope that Wal-Mart suffers for this, would send a signal to other corps not to abuse the system in that way.
"Lady I only speak two languages, English and Bad English!" - Corbin Dallas "The Fifth Element"
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