Tuesday, September 20, 2016

POOR ZOLTAN

Posted by Tim

Poor Zoltan. He knows so little but pretends to know so much!
Zoltán Székely ·
If this bill is signed into law, there won't be any limitation to the damages that can be inflicted on Guam and its people. Make no mistake, the scope of this bill is not restricted to the Catholic Church! The same bill applies to all institutions/ nurseries/ kindergardens/ schools/ corporations/ etc. 

Just imagine the sheer number of lawsuits that will engulf as soon as greedy criminal elements realize that claiming childhood abuse from as far as 30-40-50 or even 60 years ago against any institution/ nursery/ kindergarden/ school/ corporation/ etc. can pay off millions of dollars right into their pockets... Wow! That will be the day when the society as an entity of people sharing a common culture will collapse. Also, that will be the day you can say goodbye to common sense in politics forever!
http://www.guampdn.com/story/opinion/editorials/2016/09/19/our-view-bill-addressing-child-sex-abuse-cases-should-signed/90678070/



He thinks it's news that the bill does not just apply to the church. And he thinks he educating us that claims may be brought against individuals and institutions for abuse that happened "as far back 30-40-50 or even 60 years ago." Ummm, Zoltan, uh, that's the idea. 

But you know so little. Before an institution can be held for damages, it first must be proved in a court of law that an institution was COMPLICIT. Second, no lawsuit can be brought forth it must meet the strictures of Rule 11 which states:

By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;

(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.

As you can see, this is built-in protection from the frivolous law suits Zoltan and many on his side are claiming to be inevitable. And what happens to an attorney whose case does not meet the provision of Rule 11? Well one thing is this:

If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.

So there are two major things which protect institutions: 1) it must be PROVED that the organization is complicit, and two, attorneys and law firms can be sanctioned if they violate Rule 11.

I know that Zoltan is not bright enough to understand any of this so I'm really not addressing him. I'm sharing this for the intelligent people among you so you can challenge your ignorant pastors who are fear-mongering you with bull-crap. 

9 comments:

  1. Zoltan is an idiot who really just needs to be ignored.

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    1. Feel free to ignore him. For me its fun, since I don't play video games :)

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  2. How can he be an idiot? He is a professor at UOG...

    oops! I think HR forgot to verify his application. Or maybe he is a BSer! He should just stick to chess with Mae Llanes.

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  3. he is entertaining and since I don't play Video either,lets just have fun with him...lol..

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  4. Zoltan the idiot, got so many degrees, but cant figure from what angle he is coming from with his comments. I rather waste time playing video games than pay attention to his silly ass arguments.

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  5. I thought Zotlan, the expert of all issues on our Island of Guam but was not even born, raised here, or attended school from the first grade to graduation, has sailed off into the sunset! He is still sprouting his useless knowledge! Can someone at the University on Guam put a muzzle on him? Or better yet, do not extend his contract!

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  6. Hey! Easy on the Zoltan. He's the best they've got.

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  7. Hey! Easy on the Zoltan. He's the best they've got.

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  8. Look at all the degrees you fuckwits must have. Oh wait....
    Looking at this comment section is a disgrace to Guam and Guahan pride. PROFESSOR Zoltan makes an extremely valid point which is lost under your vile acerbic drivel. What would a professor with a degree in his subject know about he topic at hand? The lack of logic and reading comprehension here amazes me as an individual. Just more reason to not sign the petition.

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