Joker in Houston wants to get serious.

[eccieuser9500]

Originally Posted by LexusLover

If the elements and activities are based on Texas Penal Code cases for an analysis, then the civil litigants have a steep hill to climb with damages limited by the 2009 act. I found no civil case appellate opinions on the civil action. This cited lawsuit may end up being a "test case" if any commercial outfit has the "balls"!

First, thanks for the due respect. Not knowing exactly how much I'm due. Second, we know I'm out of my element so if I ask a stupid question it won't be a shock. I'm trying to learn about this case. It fascinates.

What do you mean by having the "balls" and any commercial outfit? This is why I put this in the Legal forum. Is it prudent to ask that this law has never been tested?

I await your denunciation.

As far as the dictionary thing goes, I understand there are legal resources I have no access to let alone even know exist.

[LexusLover]

Originally Posted by eccieuser9500

First, thanks for the due respect.

Is it prudent to ask that this law has never been tested?

I await your denunciation.

You can google some key words with Texas (I do not know whether other states have a similar/same civil statute) like "human trafficking" and you won't get many "hits" and none with any case law interpreting or even addressing the specific law used to support the claim. That doesn't mean there hasn't been a lawsuit filed in the 8 years the statute has been in existence. If a case was settled, dropped, or not appealed by either side there will not be an readily available "case law" in various data banks (like research sites).

Without specific instances of case law interpretations of a statute one much rely on "extrapolation" from other similar lawsuits (enforcement of a civil remedy based on a crime) and interpretations of the existing relevant criminal statutes that are referenced in the civil statute and/or cover the same subject matter. Having some personal experience in pursuing civil claims based on criminal activity is also helpful when assessing the viability of the civil litigation and the potential success of prevailing.

An anecdotal example is the O.J. Simpson matter. "Not guilty" in the criminal case, but liable for damages in the following civil action.

I didn't drag out my dictionary, but based upon my recollection there will be no "denunciation" from this quarter!

[eccieuser9500]

In it's basic terms, when referring to the O.J. trials, he "didn't do it" but it was "his fault"? Do I have that correct?

I will have to parse your previous statements later to try and make sense of it. If you are willing, then I am willing to keep asking questions. Even at the risk of sounding dumb.

But for now, this joker hath drunk too much bier and eaten too much schnitzel and pretzel. I am weary and unfocused. I'll check back soon. Back to my local forum to troll there.


Thanks,
EU95

[LexusLover]

Originally Posted by eccieuser9500

In it's basic terms, when referring to the O.J. trials, he "didn't do it" but it was "his fault"? [SIZE="5"]Do I have that correct? [/SIZE]

Frankly, I don't know if he did it or not.

I wasn't there when she and her boy toy were killed.

But that wasn't my purpose of posting that information. After you sober up and get some rest you can read this: My point was distinguishable burdens of proof and varying elements of the alleged offensive conduct.

The recent acquittal of the infamous illegal alien in S.F. demonstrates the "elements" variation issue irrespective of the wishful desires of those who believe that one can be guilty of murdering someone by inadvertently ricocheting a round off a concrete walkway and having it strike someone who they do not know about 100 feet away.*

*Anyone who can do that intentionally with the purpose of killing another person should be enlisted in our military for the special assignment of building entries to kill those inside hiding around the corner .. and not deported.

[WTF]

Originally Posted by LexusLover

You can google some key words with Texas (I do not know whether other states have a similar/same civil statute) like "human trafficking" and you won't get many "hits" and none with any case law interpreting or even addressing the specific law used to support the claim. That doesn't mean there hasn't been a lawsuit filed in the 8 years the statute has been in existence. If a case was settled, dropped, or not appealed by either side there will not be an readily available "case law" in various data banks (like research sites).

!

This is not the exact same but it is similar?

http://www.phoenixnewtimes.com/news/...g-case-8892833

[LexusLover]

http://www.ndaa.org/pdf/Civil%20Reme...ms-jan2012.pdf

Some states leave the remedy with the State Attorney General.

I would prefer the remedy be a private one unless the recovery ALL belongs to the victim(s), if there is going to be one at all. The existence of a private cause of action can cast doubt on the veracity of the "victim," because the "victim" is testifying in the criminal case to assure a conviction so it can be used in the civil case. There are restitution provisions in the Texas Penal Code/Texas Code of Criminal Procedure, and I suspect in most other jurisdictions.

[WTF]

The opponents of prostitution have done a really good job of convoluting two consenting adults consumating business transactions with trafficking.

[LexusLover]

The summary judgments and jury instructions will do the job of separating the concepts. But I suspect there will be settlements if on no other basis than "nuisance value" that will tamp down the rhetoric and media hype.

I'm not sure how an owner through their onsite manager or other employees have "KNOWLEDGE" that any one person in any one room was their "involuntarily" short of observing them being hogtied and carried back and forth from the vehicle to the room. And I doubt they will get too many employees admitting they "KNEW" the "guest" was a PRISONER!

My guess is a lot of these civil suit defendants will never see a jury in their case either because they were dismissed before it got there or settled.