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Old 05-17-2006, 12:17 PM   #61
Prince Rai
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Originally Posted by denaturat
yes you would. you are only justified to use reasonable force in defending yourself. you are not alowed to chase anyone after your property and cause them any physical harm if they are fleeing. this is not a case of self defence, so no, you would not be able to fire a shot at him. If you actually shot him and killed then you would be charged with murder. If you don't kill him you would be charged with assault using a weapon.

If you did not intend to shoot him, as you said, but intended to fire in the into the air, but the bullet injured or killed the thief, you would be held criminally negligent and could get (in Canada) up to life in the joint or minimum 4 years.

Furthermore, even if you did not shoot the person, but shot in the air, depending on the gun laws in your state, you will at least be charged with discharging a firearm in a public place (could be a very serious charge), and illegal possession of a firearm (all depends on local laws). Of course if you shot a dude those charges would also be tacked on and probably dropped during pre-trail negotiations, aka plea bargaining.

this is an oversimplified answer to a very complex (and interesing) question. anything more detailed from an expert in criminal law will cost you a couple of hundred $/hour.

Princerai? you may have something to add since crim is probably more fresh in your mind - I'm more of a business law type.
you are absolutely correct with what you have said.
you will be more familiar with the laws in N.America than i would, but generally it is true...

1)if you shoot a man whose running away from you, that is not self defence as the threat posed to you is not imminent.
2) and as said, if you shoot in the air with no intention to kill anybody, but for some reason you do, this would be manslaughter as "specific intent" to kill is not there, but your recklessness as to where you are shooting may be enough to cover "basic intent" which is part of manslaughter.

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Old 05-25-2006, 09:04 PM   #62
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Originally Posted by Legato
my mans was riding side in the whip with his boy and they got pulled over. duke got knocked for a shoty and pound oh kweed.

my dunnny had some e but it was hidden and they didnt find it during the initial search.

now he got court this week, and there is still a posiblity that they might find the e or that they have.

so i ask, how can he get out of this shit?
if the drugs where is plain sight while they were pulled over, say in a transparent zip lock bag on the dashboard of the passenger seat, then this is not a vilation of search and seizure provisions. If the drugs where in plain sight, this is a reasonable probable grounds that you have more drugs and that point they can search your car and everyuthing found is admissible. if however, you got pulled oever for speeding or somethin of that sort and the cop tells you to step out of the car and searches it, this is an illegal search and whatever is turns up during the search is likely not admissible in court.

the obstacle is the path
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Old 06-23-2006, 02:06 PM   #63
Prince Rai
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Originally Posted by Palehorse
what is necessary to claim soviergn tribe status?
i havent studied this area of law.
mainly because it is US law, and that sovereignty as seen here is such that the Law in the USA does not explicitly explain tribe status.

i gathered this from this website http://www.ptla.org/wabanaki/sovereign.htm ,

the website ought to give you the basic information you need.

if any part of that website seems confusing, hit me back.. perhaps some others have more insight to this. (denaturat)

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Old 11-06-2007, 01:50 AM   #64
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Yo what happened to The US legal system when we went bankrupt in the 1930's? What does the gold fringed flag with the eagle on it in the courthouse mean? Does Common Law still exist? What is Admiralty Jurisdiction?
Too much horsing around with unrealistic stances and classic forms and rituals is just too artificial and mechanical, and doesn't really prepare the student for actual combat. A guy could get clobbered while getting into this classical mess. Classical methods like these, which I consider a form of paralysis, only solidify and constrain what was once fluid. Their practitioners are merely blindly rehearsing routines and stunts that will lead nowhere...

-Sijo Bruce Lee.
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Old 11-06-2007, 10:49 AM   #65
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Common law does still exist.

a definition from google would probably be more helpful than this, but common law is just law made through precedent. Any nation with a court system practices common law as far as i know.

but i mean, common law isnt "binding" so it has a limited function anyway.

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Old 11-06-2007, 03:33 PM   #66
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I am from England, a Common Law country. The CL is still very much at large here. It is basically as Sean has mentioned, a system of law based on precedents.

What is precedent?

When a judge decides a case, his judgement stands absolute for future cases of similar facts. Unless of course a higher court feels the judgement was incorrect.

The good thing about the CL is that unlike statutory(paper)law, CL is flexible and can adapt to societal standards etc. However it may be inefficient if it cannot be identified which precedent reigns supreme as it is an ancient standard.
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