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frumnotyeshivish -“The controlling case here is Stuart v QD inc..”
Never heard of it. What is it?
“The concept of burden of proof is crucial. If you don’t get it, what does that say about Touro?”
I never learnt law in Touro or anywhere else for that matter. I taught myself.
“No one has ever questioned WHETHER there was an assault, rather if the assault was justified. (There was a kid that went to the hospital you know)”
Acc. to law who said there was an assault? Going to the hospital because he banged himself with a stick -there was no assault. What he told 911 & the responding cops is only hearsay. He must testify in a Court of Law. But you know this, but you want to manipulate the readers here.
“There’s (at least) one question you didn’t answer me: How do you KNOW that NOTHING could have given the judge the conclusion she reached other than political pressure etc.?”
Well I’m not a mind reader so I don’t know exactly what the Judge’s decision is based on, but from observation of what occurred during the trial -I can only come to the conclusion that she split the testimony of the Shomrim guy. Now why would she do this?
Again for the tenth time, she has no legal reason to say there was an assault by THIS Shomrim guy (even if you want to say there had to be some sort of assault) without the testimony of the Shomrim guy. Why split the Shomrim’s guy’s testimony if she wasn’t Prejudice?