Sequels strife

Ahh, vague omens and mysterious portents. Tangled webs of fate intertwined with the branches of destiny, blown by the capricious winds of happenstance. News, news....uh, actually there is some news!

Moderator: ZFP Peacekeepers

2-23-6
Arilou wiseguy
Posts: 151
Joined: Mon Jun 14, 2010 12:52 am

Re: Sequels strife

Post by 2-23-6 » Fri Mar 29, 2019 11:52 pm

Anything new? I have to sue someone myself, so it reminded me of this thread.

Elestan
Silly Supox
Posts: 50
Joined: Thu Oct 04, 2012 12:28 pm

Re: Sequels strife

Post by Elestan » Sat Mar 30, 2019 2:14 am

2-23-6 wrote:
Fri Mar 29, 2019 11:52 pm
Anything new? I have to sue someone myself, so it reminded me of this thread.
Nope. Not likely to be any major news until October.

User avatar
Borgie
Hunam adventurer
Posts: 10
Joined: Sun Feb 17, 2019 9:23 pm

Re: Sequels strife

Post by Borgie » Sat Mar 30, 2019 2:40 am

What happens in October? Or was that an arbitrary date? (And why does this feel like a pun?)

Elestan
Silly Supox
Posts: 50
Joined: Thu Oct 04, 2012 12:28 pm

Re: Sequels strife

Post by Elestan » Sat Mar 30, 2019 3:56 am

Borgie wrote:
Sat Mar 30, 2019 2:40 am
What happens in October? Or was that an arbitrary date? (And why does this feel like a pun?)
That's when the summary judgement motions need to be filed, where both sides need to clearly spell out their legal arguments, so that the Judge can rule on them in November. After that, there's a mandatory settlement negotiation prior to starting the final preparations for trial.

User avatar
Borgie
Hunam adventurer
Posts: 10
Joined: Sun Feb 17, 2019 9:23 pm

Re: Sequels strife

Post by Borgie » Sat Mar 30, 2019 1:14 pm

Thanks Elestan, helpful as usual.
I could have (and may have) read that information five times and not retained it.

Elestan wrote:
Sat Mar 30, 2019 3:56 am
...so that the Judge can rule on them in November. After that, there's a mandatory settlement negotiation prior to starting the final preparations for trial.
So what exactly does “Summary Judgment” do then? I though it was in used lieu of a trial. Or is a trial what happens when the judge has insufficient information to rule?

Elestan
Silly Supox
Posts: 50
Joined: Thu Oct 04, 2012 12:28 pm

Re: Sequels strife

Post by Elestan » Sat Mar 30, 2019 2:18 pm

Borgie wrote:
Sat Mar 30, 2019 1:14 pm
So what exactly does “Summary Judgment” do then? I though it was in used lieu of a trial. Or is a trial what happens when the judge has insufficient information to rule?
In a court case, there are usually two types of questions to be answered:
  • Questions of fact, i.e. "What actually happened?", and
  • Questions of law, i.e. "What does the law say about what happened"?
The jury decides questions of fact, but the Judge decides questions of law. At Summary Judgement, the Judge will resolve any claims that can be decided on questions of law alone. An example of this might be the interpretation of the 1988 contract under which the Star Control games were originally made. The Judge will also decide any questions of fact for which the evidence is so absent or so overwhelming that they determine that no reasonable jury could find any other way.

Resolving the questions of law usually simplifies the case considerably, giving the parties a more firm basis on which to conduct settlement negotiations before taking any still-unresolved questions of fact to the jury trial.

User avatar
Borgie
Hunam adventurer
Posts: 10
Joined: Sun Feb 17, 2019 9:23 pm

Re: Sequels strife

Post by Borgie » Sat Mar 30, 2019 4:46 pm

Thanks Elestan. That clears things up a lot for me.
I think I've got a much better understanding of this process now. However, this also helps to reaffirm that I do not wish to be a lawyer.

It seems to me that Summary Judgment should have very interesting results in this case. There appear to be a lot of claims as to what the law is, and how it applies.

Post Reply