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nuckin_futz

Judge throws teen in jail for 30 days for giving him the finger.

567 posts in this topic

You claiming i am incorrect does not make this a fact.

Let us look at the facts , i posted with the intent to have you come out and state your opinion on certain details pertaining to the case we are discussing.

You replied to those posts giving your opinion on those details.

You claimed that i took umbrage , 1. Offense; resentment: took umbrage at their rudeness. 2. a. Something that affords shade. b. Shadow or shade

I was neither offended nor in a shady place when you insinuated/inferred that i was uninformed and ignorant , merely noting that you were insulting/ attacking me through inference and insinuation.

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You claimed that I insulted you (which BTW is untrue) so you did take offence and again lashed out trying to make it appear that you did not say something that you had posted.

You claimed the judge had fiduciary duty and that is incorrect. Everything that followed from that incorrect statement was similarly incorrect. The path that you intended was a dead end and your path had a non-existent foundation.

Trying to claim that is not what you posted does not work very well when clearly you posted:

There is no such thing as an "inherent fiduciary duty" as it applies to the judge this case. You are attempting to use terms with which you have no understanding.

Thus as I said you clearly are ignorant of and uninformed as to the applicable law and legal principles.

And when that was pointed out you began to try to cloud the issue, use misdirection and complain that you were being insulted. Sounds like taking umbrage to me.

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Lol BB got banned because of this thread?

Alot of threads seemed to turn into a heated debate and the majority of her posts would be condescending and belittling to those who opposed her opinion. In other words she was just plain disrespectful and would give "your an idiot for thinking that way" kind of answers all the time.

It's too bad though, she seemed to have a lot of friends on here. This is another case of the punishment does not fit the crime but ironically Babes stance on the issue in the thread was teach that disrespectful brat Soto a lesson. What a way to go out haha

I had a 3 day ban once for crossing the line. I'm pretty good for the most part but everyone slips up once in a while. I hope they didnt ban her for life.

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Inherent adjective 1. existing in someone or something as a permanent and inseparable element, quality, or attribute: an inherent distrust of strangers.

Fiduciary noun 1. Law. a person to whom property or power is entrusted for the benefit of another. adjective

I believe that a judge is a person who has power entrusted in him for the benefit of others , the power to make a judgement on the case we are discussing.

He also has an inherent duty to the people he is making judgements on , to make fair and informed judgement for the state, federal or county government he serves

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Lol BB got banned because of this thread?

Alot of threads seemed to turn into a heated debate and the majority of her posts would be condescending and belittling to those who opposed her opinion. In other words she was just plain disrespectful and would give "your an idiot for thinking that way" kind of answers all the time.

It's too bad though, she seemed to have a lot of friends on here. This is another case of the punishment does not fit the crime but ironically Babes stance on the issue in the thread was teach that disrespectful brat Soto a lesson. What a way to go out haha

I had a 3 day ban once for crossing the line. I'm pretty good for the most part but everyone slips up once in a while. I hope they didnt ban her for life.

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Inherent adjective 1. existing in someone or something as a permanent and inseparable element, quality, or attribute: an inherent distrust of strangers.

Fiduciary noun 1. Law. a person to whom property or power is entrusted for the benefit of another. adjective

I believe that a judge is a person who has power entrusted in him for the benefit of others , the power to make a judgement on the case we are discussing.

He also has an inherent duty to the people he is making judgements on , to make fair and informed judgement for the state, federal or county government he serves

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Quoting a dictionary has little relevance because the terms have specific legal meanings and application. They do not apply to the judge who cited Ms. Soto for criminal contempt. He does not have an "inherent fiduciary duty" at law as you erroneously claimed.

Your belief is based upon a fundamental misunderstanding.

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You claimed i was attempting to use terms, , wrong i actually used them, that i had no understanding of , again i have proven you wrong by demonstrating the fact that i understand the meaning of these terms , and the context i was using them in.

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You had no understanding of the terms as they applied to this situation. You were using them incorrectly and out of context.

The classical legal formulation of a fiduciary (which does not apply to a judge):

A fiduciary is someone who has undertaken to act for and on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. ~ Mothew (t/a Stapley & Co) v Bristol & West Building Society [1996] EWCA Civ 533, [1998] Ch 1 (24 July 1996)

A lawyer has a fiduciary duty to his/her client because the lawyer has agreed to act for the client as with a principal and agent or a trustee.

The same is not true of judge. His authority is as an impartial arbiter between parties.

You clearly misapprehend the legal meaning of fiduciary duties.

Your posts present the classic example of the old saying that a little knowledge is a dangerous thing.

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Again you attempt to deride me , are you incapable of maintaining a polite conversation ?

I am not attempting to use the legal meaning of the word fiduciary , rather the dictionary meaning i quoted.

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But when referring to a judge, the legal definition is obviously the appropriate one.

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This could desribe another member who is posting in this thread

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Just because i was using this term in relation to a judge does not mean i have to use the legal meaning of the word, unless you are a lawyer and want to argue about the letter of the law.

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Everyone is guilty to a degree once in a while, I try to stay level headed as much as I can but slip up every now and then. I usually feel like a dick and don't feel high on myself at all like some others when I end up saying something dumb like that.

I just really found it ironic after pages of her arguing that soto is a disrespectful brat that doesn't know when to keep her mouth shut when being justifiably provoked in a place that has rules to keep order and respect. She maintained soto deserved to get the book thrown at her and thrown in jail... Then BB ultimately lost her cool Penelope style and got a CDC ban for it? Haha wtf

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Yes, it does. The context you used the word in was incorrect.

In a similar manner, one would not take Hansen to Tijuana for the weekend to help him score.

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In each case, a word is being used with the correct meaning, but in the wrong context.

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Definition of Judge: "A public officer chosen or elected to preside over and to administer the law in a court of justice; one who controls the proceedings in a courtroom and decides questions of law or discretion."

Quote: Chief Justice Vanderbilt, Driscoll v. Burlington-Bristol Bridge Co., 86 A.2d 201 at 221-22 (N.J. Sup. Ct. 1952).

"[Public officers] stand in a fiduciary relationship to the people whom they have been elected or appointed to serve . . . . As fiduciaries and trustees of the public weal they are under an inescapable obligation to serve the public with the highest fidelity. In discharging the duties of their office, they are required to display such intelligence and skill as they are capable of, to be diligent and conscientious, to exercise their discretion not arbitrarily but reasonably, and above all to display good faith, honesty and integrity . . . . They must be impervious to corrupting influences and they must transact their business frankly and openly in the light of public scrutiny so that the public may know and be able to judge them and their work fairly . . . .

These obligations are not mere theoretical concepts or idealistic abstractions of no practical force and effect; they are obligations imposed by the common law on public officers and assumed by them as a matter of law upon their entering public office. The enforcement of these obligations is essential to the soundness and efficiency of our government, which exists for the benefit of the people."

Link to Chief Justice Vanderbilt Chronology:

http://www.wesleyan..../VA1000-186.xml

Note: Honors. Vanderbilt was awarded thirty-one honorary degrees in the United States and Canada. In 1948 he was awarded the Gold Medal of the American Bar Association, given rarely. He also won numerous other honors

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