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View Poll Results: Should it be allowed
NO 109 64.50%
YES 60 35.50%
Voters: 169. You may not vote on this poll

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Old 04-13-2016, 09:10 AM
 
Location: Middle of nowhere
24,260 posts, read 14,211,524 times
Reputation: 9895

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Quote:
Originally Posted by InformedConsent View Post
Why not go straight to the source: the US DOJ...
https://www.justice.gov/usao/justice-101/federal-courts

That's why both the Illinois and Virginia school district cases were/are being tried in federal court. The SWIC case (Illinois community college) originally filed in state court? Removed to federal court. Etc.

Literally millions of liberals/Dems are ignorant of laws and legal procedures when they take ill-informed positions on issues. I'm sorry about that, but there's nothing I can do about it when they deliberately choose to remain ignorant.
Quote:
"The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called “original jurisdiction.” Sometimes, the jurisdiction of state courts will overlap with that of federal courts, meaning that some cases can be brought in both courts. The plaintiff has the initial choice of bringing the case in state or federal court. However, if the plaintiff chooses state court, the defendant may sometimes choose to “remove” to federal court"
And since when does "may sometimes" become "almost always"?

I "may sometimes" choose to wear my boots, that does not mean that I "almost always" wear my boots.

Still having trouble backing up your claims? Maybe a dictionary would help, the issue seems to be your understanding of the meaning of words in the English vocabulary.

 
Old 04-13-2016, 09:19 AM
 
Location: the very edge of the continent
89,028 posts, read 44,840,107 times
Reputation: 13714
Quote:
Originally Posted by jjrose View Post
And since when does "may sometimes" become "almost always"?

I "may sometimes" choose to wear my boots, that does not mean that I "almost always" wear my boots.

Still having trouble backing up your claims? Maybe a dictionary would help, the issue seems to be your understanding of the meaning of words in the English vocabulary.
Ignore legal reality. That's your right. But liberals/Dems just continue to prove their ignorance in doing so.

I've already provided the US DOJ link. Sticking your fingers in your ears and saying "la la la la la..." won't make legal reality go away no matter how hard you wish upon a magical unicorn.
 
Old 04-13-2016, 09:19 AM
 
Location: Long Island
57,298 posts, read 26,217,746 times
Reputation: 15646
Quote:
Originally Posted by InformedConsent View Post
Incorrect. Diversity isn't required in cases of overlapping jurisdiction and/or federal question, such as discrimination and Civil Rights claims.

That's why both the Illinois and Virginia school district cases were/are being tried in federal court. The SWIC case (Illinois community college)? Removed to federal court. Etc.

Literally millions of liberals/Dems are ignorant of laws and legal procedures when they take ill-informed positions on issues. I'm sorry about that, but there's nothing I can do about it when they deliberately choose to remain ignorant.
Yes my mistake, there are exceptions for constitutional issues and others that fall under federal jurisdiction where complete Diversity is not required, a normal discrimination case which does not meet the federal guidelines cannot be moved.


A defendant can not get a case moved without meeting the guidelines, that is different than what you stated earlier. No one is arguing that exceptions don't exist, but a rather large majority of cases end up in state court for many reasons I described.
 
Old 04-13-2016, 09:20 AM
 
Location: the very edge of the continent
89,028 posts, read 44,840,107 times
Reputation: 13714
To recap, only 26% believe transgenders should be able to choose which restroom, changing room, locker room, shower room, etc., facilities they use.

Source: NBC poll. Already posted.
 
Old 04-13-2016, 09:21 AM
 
Location: Middle of nowhere
24,260 posts, read 14,211,524 times
Reputation: 9895
Quote:
Originally Posted by InformedConsent View Post
Ignore legal reality. T
So still nothing to back up your claim?
 
Old 04-13-2016, 09:23 AM
 
Location: the very edge of the continent
89,028 posts, read 44,840,107 times
Reputation: 13714
Quote:
Originally Posted by Goodnight View Post
Yes my mistake, there are exceptions for constitutional issues and others that fall under federal jurisdiction where complete Diversity is not required, a normal discrimination case which does not meet the federal guidelines cannot be moved.

A defendant can not get a case moved without meeting the guidelines, that is different than what you stated earlier.
No, it is not. It's what I've always maintained. In order for a discrimination case to remain in a North Carolina state court, North Carolina would have to have listed protected classes that are not already included in federal listed protected classes, and the case would have to be filed on any such additional state-protected class. North Carolina does not have that issue.
 
Old 04-13-2016, 09:31 AM
 
Location: Long Island
57,298 posts, read 26,217,746 times
Reputation: 15646
Quote:
Originally Posted by InformedConsent View Post
No, it is not. It's what I've always maintained. In order for a discrimination case to remain in a North Carolina state court, North Carolina would have to have listed protected classes that are not already included in federal listed protected classes, and the case would have to be filed on any such additional state-protected class. North Carolina does not have that issue.

That's not true at all and definitely not what you have been saying.




Quote:
Originally Posted by InformedConsent View Post
Defendant's lawyers nearly always remove such cases to federal court. I've explained why. I'm sorry you don't like it, but it's a matter and fact of law.

NC's law streamlines the process, and saves both plaintiffs and the state resources that would be wasted on a step in the process that will cost plaintiffs money and cost taxpayers money and lost state employee productivity but ultimately yield nothing in return..
 
Old 04-13-2016, 09:35 AM
 
Location: the very edge of the continent
89,028 posts, read 44,840,107 times
Reputation: 13714
Quote:
Originally Posted by Goodnight View Post
That's not true at all and definitely not what you have been saying.
How is what I posted not accurate?

Defense attorneys KNOW local juries are more prejudiced, so they almost always remove overlapping jurisdiction discrimination cases to federal court. That's just a matter of legal fact. I'm sorry so many liberals/Dems are ignorant of such, but there's nothing I can do about people who willfully choose to remain ignorant.
 
Old 04-13-2016, 09:38 AM
 
Location: the very edge of the continent
89,028 posts, read 44,840,107 times
Reputation: 13714
Just so everyone knows that bullies are trying to force this on Americans when they clearly DON'T want it...

Only 26% believe transgenders should be able to choose which restroom, changing room, locker room, shower room, etc., facilities they use.

Source: NBC poll. Already posted.
 
Old 04-13-2016, 09:39 AM
 
Location: Middle of nowhere
24,260 posts, read 14,211,524 times
Reputation: 9895
Quote:
Originally Posted by InformedConsent View Post
How is what I posted not accurate?

Defense attorneys KNOW local juries are more prejudiced, so they almost always remove overlapping jurisdiction discrimination cases to federal court. That's just a matter of legal fact. I'm sorry so many liberals/Dems are ignorant of such, but there's nothing I can do about people who willfully choose to remain ignorant.
Do employment and public accommodation cases even go before a jury? The cases I have seen are only heard by a judge.
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