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Date:      Sat, 28 Aug 1999 18:38:54 -0400
From:      "Mark S. Reichman" <reichman@twcny.rr.com>
To:        freebsd-current@freebsd.org
Subject:   Re: "The Matrix" screensaver, v.0.2
Message-ID:  <37C864FE.BD2DDB0E@twcny.rr.com>
References:  <4520.935745765@critter.freebsd.dk> <37C8647E.DA8231B6@twcny.rr.com>

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"Mark S. Reichman" wrote:
> 
> Another reason less lawsuits of this type are tried in Europe
> is because the loser pays all court costs.
> In the US a person will name everyone and anyone
> remotely associated with the supposed wrong doing in hopes of a
> big payoff. Each person must then hire a lawyer and defend
> themselves against the compaint. In the states if you do
> this and lose the court
> case then usally no big deal. You are out your own attorney fees.
> In europe if you lose you must pay everyones legal fees..
> This is known as "loser pays".  This
> tends to lessen the number of frivilous court cases, named
> litigants, and lowers the burden on the european legal system.
> Am I a lawyer? NO. I only saw a documentary on TV about this.
> So take it for what its worth.
> 
> Poul-Henning Kamp wrote:
> >
> > In message <8062.935743977@localhost>, "Jordan K. Hubbard" writes:
> > >>  > I seriously doubt they'll win this lawsuit.  You can sue someone for
> > >>  > anything and everything, including having a hair color which
> > >>
> > >>                        ^ in the States
> > >
> > >Sorry, I've lived in Europe, you can't pull that one on me. :)
> > >
> > >In Germany, for example, it's possible to sue someone simply for
> > >sticking their finger against their forehead.  The myth that only the
> > >U.S. is litigious is just that, a myth.  Europeans sue the crap out of
> > >one another all the time, and for issues just as silly. :)
> >
> > Jordan, I've lived in the US, Luxembourg, Italy and Denmark.
> >
> > While it is true that anyone can sue anybody else for anything they
> > feel like all over the planet, the likely (lack of) outcome in
> > europe makes it far less likely that they will do so in the first
> > place.
> >
> > The main difference as far as I can tell, is that European courts
> > apply some kind of "common sense" criteria before they award huge
> > compensations to people who burn themselves on coffee, cut their
> > fingers off with chain saws and so on:  "Should this person not
> > be realizing that coffee could be hot ?  She has been drinking
> > coffee for the last 50+ years ?"  "If you use a chainsaw, shouldn't
> > you be smart enough to realize that you cannot stop the chain
> > with your hand ?" etc etc.
> >
> > The secondary difference is that in all the countries I know,
> > they lawyer has to state his fee before the verdict, and it
> > may not depend on the outcome of the verdict.
> >
> > The third difference is that we only use jurys in murder cases,
> > we fully realize the ability of a showman-laywer to sway a jury,
> > therefore we don't use them, unless the issue is the gravest
> > crime we know off.
> >
> > Fourth, "puntative damages" fall to the state over here, so the
> > potential for getting rich that way is simply not present.
> >
> > So while you're technically correct reality looks far different.
> >
> > --
> > Poul-Henning Kamp             FreeBSD coreteam member
> > phk@FreeBSD.ORG               "Real hackers run -current on their laptop."
> > FreeBSD -- It will take a long time before progress goes too far!
> >
> > To Unsubscribe: send mail to majordomo@FreeBSD.org
> > with "unsubscribe freebsd-current" in the body of the message
> 
> --
>                      \|/
>                     (@ @)
>   +-----------oOO----(_)-------------------+
>   | Mark S. Reichman                       |
>   | reichman@twcny.rr.com                  |
>   | Radar Tech/Oracle Developer/Programmer |
>   +-------------------------oOO------------+
>                    |__|__|
>                     || ||
>                    ooO Ooo

-- 
                     \|/
                    (@ @)
  +-----------oOO----(_)-------------------+
  | Mark S. Reichman                       |
  | reichman@twcny.rr.com                  |
  | Radar Tech/Oracle Developer/Programmer |
  +-------------------------oOO------------+
                   |__|__|
                    || ||
                   ooO Ooo


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