Ebionite
Well-Known Member
Is there anyone here that actually believes that?
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Trump ordered to pay nearly 355 million in NY fraud case.
- Thread starter fantome profane
- Start date
Subduction Zone
Veteran Member
Yes, but I finally found an article that supports what I claimed. The out of state lawyer got it wrong. He could have asked for a jury, but he did not do so in a timely manner.
Ebionite
Well-Known Member
No, the burden of proof belongs to the one making the claim.
Subduction Zone
Veteran Member
Did you ignore where I quoted and posted from it? It demonstrated that until 1956 if I remember correctly that they followed "Common Law"". That was changed to Statue Law. I could quote the source again. I still have it handy.
Perhaps Trump thought a bench trial would yield
a better result than a jury. And also thought that
after losing, his claiming denial of a jury trial would
rile up the Magas. The strategy appears to be working.
Trump is raising money to pay the judgement.
www.nbcnews.com
Trump launches a sneaker line
Former President Donald Trump launched a line of sneakers ranging in price from $199 to $399.
www.nbcnews.com
Ebionite
Well-Known Member
I don't have any reason to think that you're arguing in good faith. If you actually had a point to make you could simply quote what was relevant from what you previously posted, or post any new material that you think supports your claim.
Subduction Zone
Veteran Member
That was not what you claimed. Yes, he owns some property. Why do you think that any jobs will be eliminated? In fact I can see several new jobs just from the article that you linked.
You’re asking about facts that are readily available. I’m deferring to the facts in the public record. You being lazy and oblivious is your problem, not an advantage.
Subduction Zone
Veteran Member
I think that it was more a matter of publicity. With a bench trial the judge is given most of the evidence before the trial even begins. Then both sides argue their case. It is usually a much quicker trial. In fact so quick that either side can ask for a decision ahead of time. In this case both did. That would have led to a guilty verdict with almost no coverage of why. Just in case you forgot the judge found Trump guilty based upon the evidence that both sides agreed to. The trial became one of "How much did Trump owe". James understood Trump's tactics of trying to keep all of the evidence where it would only get light coverage in the news. So she presented her case again, and the defense was given the same opportunity. There was publicity galore which Trump did not want..
We Never Know
No Slack
And you're still wrong. Under 63 (12), which is what this case is filed under, you don’t have a right, an absolute right to a jury.
Subduction Zone
Veteran Member
Citation needed.
Ebionite
Well-Known Member
From you.com (LLM)
Did the U.S. change its judicial approach to common law in 1956?
There is no evidence to suggest that the United States changed its judicial approach to common law in 1956.
Subduction Zone
Veteran Member
You need links. Do you not know how to provide them?
Ebionite
Well-Known Member
You have no idea what I need to do. The domain name is there for anyone to see.
Last edited:
Ebionite
Well-Known Member
What facts, specifically?
We Never Know
No Slack
"Judge Arthur Engoron has already found Trump and his company violated 63(12) by fraudulently misstating the value of their assets on financial documents—though the trial is still moving forward on other claims—noting in his ruling the statute only required James to prove the Trump Organization’s statements of financial condition were “false and misleading” and that the company “repeatedly or persistently” used those statements to “transact business.”
Trump—who opposes Engoron’s ruling and denies any wrongdoing or fraud—has attacked the statute since the civil fraud trial against him began, claiming the law is “VERY UNFAIR” because no victim is required and does not give him the right to a jury trial and falsely alleging Tuesday it’s “never been used before.”
The statute does not require intent to commit fraud or anyone to be harmed by the fraud, and it does not give Trump the inherent right to a jury trial, with legal experts noting to CNN that while civil lawsuits that request monetary damages are entitled to a jury trial, cases seeking other “equitable relief”—meaning penalties that force the defendant to take or refrain from taking some kind of action, rather than just paying money—can be decided by a judge alone, which is more common with 63(12) violations and is the case in this trial.
Engoron explained at the trial last week that while Trump could have opposed James’ request for a non-jury trial—which his attorneys didn’t do—it “would not have helped,” because James’ request for equitable relief should be left up to a judge to decide"
Trump Keeps Attacking This Statute In N.Y. Fraud Case—Here’s Why His Claims Lack Merit
The statute gives the New York AG broad power to prosecute Trump and his company for alleged fraud.
www-forbes-com.cdn.ampproject.org
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Subduction Zone
Veteran Member
Even so, you asked the wrong question. Why did you use 1956? That was very ignorant at best. You do not even seem to understand what the two laws are. Common law, also called case law, reflects how earlier decisions were made. At one point it worked. There were not that many lawsuits. But there have been thousands of a fraud cases with all sorts of nuance to them. That is when statutory law is needed. Statutory law gives the details of how previous common law would be treated. It guarantees that laws will be applied equally:
Common Law vs Statutory Law - Difference and Comparison | Diffen
What's the difference between Common Law and Statutory Law? The laws governing a country or nation are important aspects of its existence and in a way are contributing to its history, by taking from the past and giving to the future. Common law and statutory laws are followed by most nations in...
Statutory laws can be passed by various government agencies of a country. Thus, there are laws passed by federal and state governments, ordinances passed by towns and cities all having the power of law. New laws are issued to meet the needs of the citizens, to resolve outstanding issues, and to formalize an existing law.
Statutory laws are the "law of the land" when and where they exist.
Ebionite
Well-Known Member
Special pleading. Do you have anything about 1956?