Bite The Big Apple (Don’t Mind The MAGA Hats)

It is a major principle of law that each party in a legal action should only be allowed “one bite of the apple.”

Everybody has heard of double jeopardy – the rule that says you cannot be tried twice for the same offense. A lot of people know that stare decisis is the Latin term meaning “Let the decision stand” which is simply the courts following the precedent set by earlier court cases on the same issue. In practice it is a little more complicated, but the basic principle is that when interpreting the meaning of laws judges should not reinvent the wheel but should instead rely on (and be bound by) earlier cases.

But outside of the legal profession there are not a lot of people who have even heard of the related concepts of res judicata and collateral estoppel.

Wex Legal Dictionary:

Generally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. “Finality” is the term which refers to when a court renders a final judgment on the merits.

Res judicata is also frequently referred to as “claim preclusion”

Wikipedia:

Collateral estoppel (CE), known in modern terminology as issue preclusion, is a common law estoppel doctrine that prevents a person from relitigating an issue. One summary is that, “once a court has decided an issue of fact or law necessary to its judgment, that decision … preclude[s] relitigation of the issue in a suit on a different cause of action involving a party to the first case”.[1] The rationale behind issue preclusion is the prevention of legal harassment and the prevention of overuse or abuse of judicial resources.

There are three more legal terms I want to mention:

Vexatious litigation:

Vexatious litigation is legal action which is brought solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

Abuse of Process:

Abuse of process is a cause of action in tort arising from one party making misusing or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. It is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts.

Malicious Prosecution:

Malicious prosecution is a common law intentional tort. While like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term “malicious prosecution” denotes the wrongful initiation of criminal proceedings, while the term “malicious use of process” denotes the wrongful initiation of civil proceedings.

Nowadays the concepts of vexatious litigation, abuse of process, and malicious prosecution are an apt description of something commonly called “Lawfare.” It is pretty much a given that anytime Trump announces a new policy or issues a new executive order there will be a lawsuit filed by the ACLU, NARAL, or some other group within hours. And these cases are always filed in a forum like Hawaii or Washington State where they can rely on getting a sympathetic judge and a liberal-leaning appellate court.

Just as freedom of speech is a fundamental principle that predates and goes beyond the First Amendment (which only applies to government action) the underlying principle of all the legal concepts I’ve been throwing at you is fairness – a fundamental principle of Western Civilization.

One of the first legal arguments that children learn is “That’s not fair!” By the age of three most kids know that those three little words provide an argument that is simple, effective, and complete. It doesn’t always work, but it is one of the best arguments that kids can make.

“Mom! Can I have a cookie?”
“No, you’ll spoil your dinner.”
“That’s not fair! You let Billy have one!”

or

“Time for bed. Turn off the television and go brush your teeth.”
“That’s not fair! Jimmy’s parents let him stay up as late as he wants!”
“Yeah, well, Jimmy’s parents don’t love him as much as we love you.”

(Pro tip: Don’t ever actually say that to your kid. He’ll go tell Jimmy and/or Jimmy’s parents and that can result in butthurt, harshing of mellows and flaming bags of dog shit on your front porch every Halloween. It is a little known fact that it was just such a comment that triggered the infamous Hatfield and McCoy feud.)

None of the legal concepts and principles I’ve been talking about are legally binding on Congress. They get to take as many bites of the apple as they want. Trump cannot order them to stop rummaging thru his life.

The only thing that could stop Congress from maliciously and frivolously pursuing impeachment is the Court of Public Opinion, aka “We The People.” But there are practical limits on using elections to punish political parties. The odds of a GOP candidate defeating Nancy Pelosi in an election are about equal to the odds that Miley Cyrus is still a virgin.

OTOH, if we can flip enough seats in next year’s election we can kick that old bitch to the curb and hopefully the GOP caucus will elect a new Speaker of the House who is an actual Trump supporter and not a RINO.

On the gripping hand, if wishes were horses beggars would ride.


About Myiq2xu

I was born and raised in a different country - America. I don't know what this place is.
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76 Responses to Bite The Big Apple (Don’t Mind The MAGA Hats)

  1. Myiq2xu™ says:

  2. Dora says:

    I wonder if this is Nadler’s district. Or maybe AOC’s.

    • Mothy67 says:

      Nadler is Tribecs area.
      None of the news outlets have a description of the shoooters nor is it trending.

  3. Mothy67 says:

    Not one news outlet has any description of shooter(s). Not what they were wearing, nothing. It’s early but twatter isn’t blaming Trump. No one grabbed the cell phone to record. Scratching my head.

    • DeniseVB says:

      I’m going to take a wild guess that the shooter wasn’t white or a white hispanic. Or you know how this story would be going.

    • lateblum says:

      He is the Master Distractor. Even when I think, “I wish he hadn’t said that”, I still smile/laugh because I KNOW their gonna take his bait. And they do.
      Every Time. 😉

  4. helenk3 says:

    do not think they like the mayor of NYC

    • DeniseVB says:

      High taxes and rents are forcing small businesses to close, even out in the boroughs. Mom and Pop coffee shops and diners are being forced out by Starbucks and other franchises too. I don’t know how middle income folks can survive.

      • Anthony says:

        Once we ditch Gov Cuomo, we’ll be fine. The governors of NY, NJ and CT passed state tax laws that ensure middle class residents cannot benefit from the federal tax cuts. They should all be bitch slapped within an inch of their worthless lives.

  5. lyn says:

    Here’s another one from date night.

  6. helenk3 says:

    https://www.libertynation.com/communists-hijacking-catholicism-to-promote-violence/

    this article disturbs me. Before Francis this would not even be a thought.

  7. lyn says:

    Seattle looks like fun.

    • helenk3 says:

      the one time I was in Seattle a cop got run over and the crowd was cheering and laughing. It must of been the people who got their cars damaged that were helping this cop

    • lyn says:

      Crack his head on the asphalt like an egg. h/t Dylan Thomas

    • Cisco says:

      Good citizens come forward, not laden with water, human waste or harmful liquids but with imo, courage and the guts to get involved.
      ‘Mericia, still the land of the brave.
      🇺🇸🇺🇸🇺🇸🇺🇸

    • Constance says:

      Seattle has a chance to throw out our Progressive/Commie city council this fall. 7 of nine are up for reelection. The jungle Primary is over on August 6th. City council is considered a non party position so none of the many candidates will be listed by political affiliation. People are fed up with the reality of Progressive Seattle so it should be interesting.

      • lateblum says:

        I just sent dd#1 the link to the video above and the FB account where it was posted. She found a place to rent for a year. It is in Seattle and supposedly a safe area. I don’t remember what it’s called. But I periodically copy and send her some of your comments so she knows what she’s getting into. Thanks for all your Seattle musings. ❤

        • Constance says:

          Tell her to register to vote, it’s not to late!
          https://olvr.votewa.gov/
          Also check out SPEAK OUT Seattle on Facebook they evaluated the candidates. They are primarily old fashioned Democrats like the ones I used to vote for. Do NOT vote for Heidi Willis however, she was thrown off the council before and is completely vapid. I can not for the life of me figure out how they got to the point of recommending her. It must be some intersection BS.

          • lateblum says:

            She is a voter for certain! She and I aren’t always in agreement, but most of the time we vote the same. I don’t think she can register until after Sept 1, when she actually moves into her apartment. But I plan to keep sending her your comments. I know she will register as soon as she can. I did raise my kids to be aware of their civic duties. and they haven’t let me down. In fact, my son saved his very first voter registration card for me 25 years ago!

    • votermom says:

      wow
      was he on PCP ?

    • Myiq2xu™ says:

      I was wondering why the cop didn’t shoot him but then I saw he was just a “Meter Molly” and didn’t have a gun.

  8. helenk3 says:

    perfect song for this time in America

    • Myiq2xu™ says:

      “WARNING! These critters are not tame! Stay the fuck away from them.”

      • Cisco says:

        Two stories that I recall from the past.
        1) Mom and Dad along with young daughter are visiting Yellowstone National Park.
        While driving thru a bear is spotted by the side of the road.
        Mom and Pop decide wouldn’t it be cute if a picture of Baby Girl and the bear is taken.
        The smart thing they did was not getting out of the car.
        The incredibly stupid thing Ma and Pa did was , as the bear wanted no part of the photo session, was to rub honey or jelly on Baby Girls hands to entice Yogi to the car.
        Child from then on lived w/o any hands.
        Oddly enough, parents were unable to capture that magic moment.
        2) Dude liked to take pictures together with wild animals, fox’s, wolves and a cougar or two.
        That was to prove we’re one with nature.
        But his favorite was with bears.
        Folks who knew better told Dude that was very very dangerous as bears were known to kill and eat the tasty parts of people.
        Dude said he’d be proud, that was his exact words, to be turned into bear scat.
        You know the rest of the story.

  9. Dora says:

    Atlanta looks like another fun place to go. (Sarc)

  10. John Denney says:

    Without looking, I’m thinking “tort” and “torture” have the same linquistic root.

  11. John Denney says:

    A friend of mine who grew up in California wound up marrying a Hatfield after she went to college in Tennessee. Yeah, one of THOSE Hatfields. He’s quite handsome, intelligent, and a great guy.

  12. Myiq2xu™ says:

  13. Myiq2xu™ says:

    • lyn says:

      Tribe is such an ass.

    • Cisco says:

      Tribe, instead of running his mouth should talk to people that actually live under slum/shithole conditions in Baltimore if they would like to live somewhere else.
      Or would they be satisfied wearing a “I’m from Baltimore” t-shirt.

  14. lyn says:

  15. Myiq2xu™ says:

  16. Mothy67 says:

    Still very little on the Brooklyn shooting. Had there been any hint that it was a white man it would be everywhere. Why if the police are looking for suspects have they not released a description? 2000 + 100 officers. No one saw anything? The media is scripted.

    • Cisco says:

      “No one saw anything”?
      That’s because snitches get stitches.
      At least in in Chicago.🤕

      • Cisco says:

        12 shot at a block party in Brooklyn.
        Very commendable.
        But here in Chicago.
        Man with gunshot wound to forehead in Park Manor marks 6th homicide in 16 hours.
        I think that deserves a Honorable Mention.
        We’re just a few homicides from that magic 300.
        And summer is just heating up.

  17. Mothy67 says:

    How long have people like Dr. Drew( granted he’s a publicity hound) been warning about a possible epidemic in L. A.? Now with Ratimore in the news why is no one taking swift action. Read 1.5% of vermin population is currently testing positive for plague and those numbers will go up as the weather cools. When it hits 2% it becomes a health crisis. Many people may die because of dims playing politics. If Guilfoye’s ex can find billions to support illegals why can’t he declare an emergency and get the job done. Right now it looks to me to be preventable. Not so much in the fall. Has the rat pop in Baltimore been tested for plague? It could be 1000 times worse there due to weather. Doesn’t seem to me this is a federal issue but state and local. How incompetent are these dems? Just get it done. No need to create a rat czar and hold countless hearings. Act.
    Same applies with the antifa powder keg. Gonna grow until it explodes. All we get is talk, talk, talk. Reminds me of isis. Could have been pulled out root and stem when it was birthed. Nope downplayed as countries were destroyed. Members of antifa are far worse than the WU as someone is funding them. How long until a person in a MAGA hat is hit with acid?

  18. DeniseVB says:

    This is good. Candace is fearless.

  19. Dora says:

    US Speaker Nancy Pelosi to address parliament of Ghana

    The top US ranking official is making the trip to Ghana with 12 members of the Congressional Black Caucus to mark the 400th anniversary of the first enslaved Africans landing in America.

    The delegation will also meet with President Nana Akufo-Addo, Speaker Mike Oquaye and other senior government officials.

    https://www.pulse.com.gh/news/local/us-speaker-nancy-pelosi-to-address-parliament-of-ghana/m7qdx69

    • Cisco says:

      Just to funny for words.
      Trump addresses the UN, meets with so many heads of state I for one have lost count and dines with and gets the Queen of England to chuckle.
      All in a bit over two years.
      Pelosi has be in office since dirt was invented and the best she can do is meet some African potentate from that vastly important country of Ghana.
      BWAHAAAAA!

  20. 49erDweet says:

    Speaking of Facebook, I found out recently it was using up over 35% of my phone’s power. Deleted it and reinstalled FB Lite. Down to 9% now.

  21. Dora says:

  22. lyn says:

    LOL.

    • Constance says:

      We have the “Seattle Looks Like Shit” Facebook site here in Seattle to publicly post our disgusting photos. It’s great to have some place to document the chaos.

  23. lyn says:

  24. Mothy67 says:

    I like this guy

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