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Newnan-Peachtree City Trial Lawyer, Keith Prater, Pratlaw: General postings about law and the role of lawyers in civil society in the Newnan - Peachtree City area. Nothing here is an opinion or advise about a particular matter. If the reader has a serious legal matter the only advise given is to meet with a lawyer face to face to seek counsel and advise about your particular matter.
Why Isn't Wall Street in Jail? // Current
Apparently there will be very few if any repercussions over the collusion and fraud that caused the financial meltdown year before last. The media strangely seem completely uninterested in the unraveling the story and exposing the crooked world of Wall Street. I would venture to say that that world is populated by friends and family of the talking heads, producers, and executives that control mainstream media. So we have to rely on rags like Rolling Stone to light a dim candle. The same kind of back room back scratching went on at our local banks. If you got hurt don't let the statute of limitations, 2 years, run before you talk to a lawyer about it. Here's the link to the article that started this:
Mega Millions Lottery Winner Holly Lahti's Story Marred by Jarring Mug Shot
HERE IS ONE HUGE REASON TO GET DIVORCED RATHER THAN SEPARATE AND STAY MARRIED. WHATEVER YOU DO: DO NOT WIN THE LOTTERY WHEN YOU ARE JUST SEPARATED. GET DIVORCE!
A NEW FRONTIER FOR LITIGATION| Businesses drive litigation not individuals
A new Huffington Post story foreshadows a lifetime of litigation created by and fueled by Big Business. It regards the MERS system of transferring mortgages in order to circumvent laws that protect property rights and due process, two constitutionally protected rights given to citizens. Here is the ARTICLE
Law.com: Prior Suit May Signal Fate of Cases Against Ga. Megachurch Pastor
Breach of fiduciary duty cases illustrate what damages are all about. Sexual relations between consenting adults are probably not great damages cases and rely heavily on the victim's ability to communicate and the way they do it in front of an audience. Just how vulnerable was the victim is also a critical issue. My damages professor always illustrated the dilemma a jury has to confront by asking us to consider a bad facial injury to a hobo who spends his life down by the train terminal warming his hands over a burn barrel and the same injury to a famous fashion model ~ then he asked us to debate "do you really think a jury of twelve intelligent citizens are going to give the bum the same amount of pain and suffering they give the model?"
Here is the link that sparked this post:
NEWNAN PRATLAW|| 14th amendment essay
The Supreme Court is reviewing a Chicago gun ban statute this term. The case is McDonald v. Chicago. From listening to his interview with Nina Totenberg this is what I recall [of course I may be taking liberty with the exact facts]: Mr. McDonald, an elderly man, was upset that on 3 different occasions "Utes" came to his home to "visit", would not leave when he asked, demanded that they vacate his property and then stole everything he owned that was valuable. Mr. McDonald decided to purchase a gun to help him persuade the "Utes" the next time they came to visit that they should leave his home without looting it. Mr. McDonald's acts were apparently illegal according to Chicago's handgun ban. Legally, the case poses the prospect of the Supreme Court finally issuing a decision as to the extent of the scope of the 14th amendment and if they take on that topic the case could be one of the most important cases in our lifetime. It is more likely that the Court will just strike down the handgun ban and limit its decision to the specific statute. I posted the link on my blog at HOT LEGAL TOPICS [Click it to go there]. Hope you find the topic relevant enough to follow and keep up with the Court's decision.
Newnan Lawyer Pratlaw's Essay On Presenting Documents

...when it comes to documents.
Over the past 23 years I have come to appreciate the fact that Judges as a whole do not like being given documents with highlighted passages or handwritten notes beside the part of the document you think is important. Doing that is really close to a demand that the Court become a participant in the blind men and the elephant philosophical exercise about the scope of perception: The Blind Men And The Elephant Fable and they do not like the Socratic Method to the extreme of banality, i.e., rain is rain you cannot assert you do not understand it until someone explains it to you and you "feel" it. What all this means in plain English is: (a) The Judge controls his or her court room and no one else has any right to control it. So make a copy of any document you feel the urge to write on, so your lawyer can present the 'clean' one to the Judge and draw the Judge's attention to the passage you have highlighted in your 'dirty' copy by asking the Court's permission to draw its attention to that passage; (b) A testifier's inability to grasp easy questions and evasive answers soon turns a Judge off [and a Jury Too]. Do not engage in Tabula Rasa Socratic Responses [inane question answers to straightforward questions], and; always remember: Neither Judge nor Jury need to be hit over the head with information they can clearly see or hear. They really can be trusted to figure it out.
Newnan Pratlaw Essay: The Olympics and Injury
The tragic death at the 2010 Olympic Games highlights and illustrates two of the primary legal issues involved when a person is hurt or killed on the property of another. They are the legal doctrines of: (1) Superior Knowledge of a Dangerous Instrumentality versus equal knowledge of it, and; (2) Assumption of Risk. The young Luger's story is discussed in this recent article discussing the two issues surrounding whether anyone other than the deceased is responsible for his death. ||ARTICLE||
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