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Re: I knew people were sue happy......


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Posted by Mike (WA) on January 15, 2014 at 09:43:34 from (69.10.199.219):

In Reply to: Re: I knew people were sue happy...... posted by Blackhole49 on January 15, 2014 at 07:14:38:

Reading between the lines, it sounds like the woman didn't think about the fact that she would be excommunicated from the Catholic Church if she divorced, and is now trying to shift the blame.

Lawyer not telling her that a divorce would cause her marriage to end brings to mind a legal concept known as "judicial notice". If a can falls off a supermarket shelf and breaks someone's foot, the supermarket doesn't have to prove that they were not responsible for the movement of the can after it came off the shelf- that is, the court will take "judicial notice" that gravity will cause an object to fall once it is not longer supported. Just one of a myriad of every-day "givens" in this world.

I think divorce is one of those- it is just assumed that people know divorce will end a marriage, and lawyer wouldn't be required to explain that, UNLESS the client had expressed some reservations, asked about how the Church would look on it, etc. Lawyer is entitled to assume the client isn't a complete idiot and would possess the knowledge of the average person, unless client has given him some reason to doubt it. Then you have to be very careful about even taking the case, because who knows what other foolishness will arise?

I got a letter from a guy the other day- he said he had just finished a year long stint with the Union Gospel Mission, during which he discovered that he was also Jesus Christ. He needed legal help to present his claim that the guvment was illegally depriving him of that second identity, and would I take the case?


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