[extropy-chat] The Hidden Luddite was Re: peak oil debate

[Robert Lindauer]

Mike Lorrey wrote:

>>>      
>>>
>>Why not just take revenge?  The Legal process is slanted toward those
>>who can afford to fight legal battles.
>>    
>>
>
>This is bull. If your claim were true, then lawyers would not feel the
>need to advertise with cheaply done ads on television in the wee hours
>of the evening.
>
For instance.

Recently Walmart prosecuted two retirees for "shoplifting" a bag of 
manure costing around $100.  They had purchased the rest of the things 
in their cart and had apparently inadvertently forgotten the manure 
under the cart (it happens).

The couple offered to pay for and/or return the items when it was 
discovered by walmart security.

Walmart asked for criminal prosecution which they lost.  Walmart filed a 
claim in civil court, asking for damages in excess of $10,000 bringing 
the matter out of the reach of small claims.

The couple caved and settled with Walmart for $2000 because it would 
have cost them more to defend themselves than just settle, they didn't 
consider themselves competent to defend themselves - EVEN THOUGH THEY 
WOULD HAVE WON.



> The lack of a loser pays standard here in the US
>actually puts the advantage in the court of those who are willing to
>take their chances with a contingency lawyer,
>

Oh good, so you want to punish people for even thinking about suing.  As 
though there wasn't enough stopping them as it is.

> as those with the money
>are always paying 'go away' money to frivolous suers...
>

Actually, for the most part, people walk away from actionable causes 
because it takes too much time and money to pursue them.  This is by far 
the majority of violent and illegal cases in the US where the idea of 
suing is simply too strenuous.

The major causes are equipment failure, criminal negligence, fraud, 
false advertising.

These cases are badly underpursued and that fact is capitalized on by 
large businesses to the detriment of consumers.

On the other hand, businesses actively pursue shoplifting and theft 
cases often frivolously knowing that people will usually succumb knowing 
that defending themselves in court is too hard to pay for for someone 
unemployed or working at near subsistence levels.

>The only
>disadvantage is the mental reticence by so many against engaging in
>legal action.
>

You're crazy.  Thank God you'll never make it in politics.

Robbie