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Question for some of you "Legal Experts"...
n/a
Member Posts: 168,427 ✭
Is there an avenue/authority above the state level to go to with a Constitutional issue against the state? The reason I ask is b/c with the lawsuit we are currently pursuing, we are going to the state to fight against the state. From my understanding, the state can dismiss our case at any time...and for whatever reason they want to.
I'm curious as to whether or not there's an alternate avenue to pursue this matter.?.? This is a Federal issue, as in how it relates to the US Constitution...
I'm curious as to whether or not there's an alternate avenue to pursue this matter.?.? This is a Federal issue, as in how it relates to the US Constitution...
Comments
quote:Originally posted by select-fire
Your attorney must be an idiot, the answer to your question is so simple.
As evident by the inquiry for direction/guidance from the "legal experts" here, it doesn't sound like he has an attorney. At least, not a viable one that he has any confidence in. Too bad.
"J"
I have not asked our attorney that question. Someone posed it to me recently and I was wondering what the next level would be. You don't call an attorney that charges several hundred dollars an hour with each and every thought that comes to your mind.
BTW...in case you were not aware of it, different attorneys specialize in different areas. If we decide to pursue a class action lawsuit, we will need a new attorney...as there are only a couple attorneys in the state of Idaho that handle class action lawsuits.
Your attorney must be an idiot, the answer to your question is so simple.
+1,000,000,000,000,000......come on Eric....jeezzz
Anyway, I'm not sure of the answer to this in a civil case. It would seem to me you are talking about a civil rights violation which would certainly be something the federal courts would have jurisdiction over in the event the state does not take care of it.
I think you would brush up on the laws in Idaho,, I did, and was I suprised at the answers I found.[:0]
I have...Did you know that Idaho law specifically prohibits the government from confiscating firearms except those used in the commission of a felony.
Did you know that Peace Officers are strictly prohibited from disarming law abiding citizens of their lawfully possessed firearms by several statutes in Idaho state code...the most recent of which was approved on March 28, 2008 (Idaho Code 18-3302J (1) (2) ).
Idaho's law is VERY clear...and there's no room for misinterpretation.
quote:Originally posted by select-fire
Your attorney must be an idiot, the answer to your question is so simple.
+1,000,000,000,000,000......come on Eric....jeezzz
It's a simple question reloader...What's the next court level up from the state courts if someone wanted to get a matter against the state heard by someone outside of the state gov't???
It's a simple question...why the ridicule? Are you not able to just answer it?
quote:Originally posted by reloader44mag
quote:Originally posted by select-fire
Your attorney must be an idiot, the answer to your question is so simple.
+1,000,000,000,000,000......come on Eric....jeezzz
It's a simple question reloader...What's the next court level up from the state courts if someone wanted to get a matter against the state heard by someone outside of the state gov't???
It's a simple question...why the ridicule? Are you not able to just answer it?
No I cant answer the question, and have NO problem admitting it....what does your attorney have to say on the issue?...I mean seriously Eric...let us all know...
In the United States, the state supreme court (known by various names in various states) is the highest state court in the state court system
If you are alleging a violation of federal law, federal courts should have jurisdiction.
There are other issues to consider, i.e., amount in controvery, diversity, and relief requested, but if you are alleging a civil rights violation against the police, you are talking about a section 1983 action, and that can be in federal court.
Personally, I always hold out for legal advice from someone who is both an internet legal expert and a former Seal or Delta member. That really tightens it up, were are not more than about 450,000 of those.[:D]
quote:Well then I guess it's best to rely on free advise from someone claiming to be an attorney on the internet. I'm confident you will receive accurate, rock solid information to go by
Personally, I always hold out for legal advice from someone who is both an internet legal expert and a former Seal or Delta member. That really tightens it up, were are not more than about 450,000 of those.[:D]
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