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View Poll Results: Why is Barack Obama and the Democrat Party fighting Berg's lawsuit over Obama birth certificate ?
Because they like fighting Berg who is a leading Democrat in PA. 1 1.85%
I'm NOT Sure. 5 9.26%
It is NOT Legal For Barack Obama To Run As U.S. President and they are trying to avoid going to jail. 30 55.56%
OTHER 18 33.33%
Voters: 54. You may not vote on this poll

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Old 10-22-2008, 01:48 AM
 
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Why is Barack Obama and the Democrat Party fighting Berg's lawsuit?
DNC steps in to silence lawsuit over Obama birth certificate
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Old 10-22-2008, 01:58 AM
 
1,544 posts, read 2,076,974 times
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Because they want Obama to be president. Then the DNC will release the birth certificate of Obama which will result in Obama being disqualified from the presidency because he was born in Kenya. Biden then becomes president.
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Old 10-22-2008, 02:04 AM
 
343 posts, read 942,894 times
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Because no matter how stupid and idiotic a lawsuit is you just can't ignore it.
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Old 10-22-2008, 02:05 AM
 
Location: Los Altos Hills, CA
36,661 posts, read 67,572,805 times
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Oh fer the love of Gawd.
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Old 10-22-2008, 02:18 AM
 
Location: Unperson Everyman Land
38,647 posts, read 26,402,642 times
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I'm not sure if birth certificates even existed when the Constitution was created. If afer an Obama win, he is required to produce a valid birth certificate that he is unable to, it would appear that either Biden or McCain could have good reasons to take the reins at that point. McCain could argue that since he was ineligible to become president, he never actually was president taking Biden out of the picture. No doubt the Supreme Count would once again decide who gets to be president. For the sake of the nation, I hope McCain wins and this becomes a historical footnote.
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Old 10-22-2008, 02:19 AM
 
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Well, as a general matter, courts have rules which require those being sued to make certain responses to the suits against them. For example, in most areas, if you simply ignore a paternity suit, because you feel it lacks merit, the court will decide that you ARE the father, due to a "rule of inference" which says that if you don't reply to the suit, you "constructively" admit the charges against you. You don't actually admit anything, but the court "constructs" a theory of why you did not respond, and the construction is that your silence means you don't care to refute the charge.

This is not really fair in many cases, since lawsuits without merit can be decided against you simply because you did not respond in a timely fashion. So, if you think the lawsuit is complete garbage, you usually file something called a "motion to dismiss." You then state your grounds in your motion. There are numerous grounds for dismissal, depending on the rules used by the court where the suit was filed.

So, for example, in a federal lawsuit, if you think the lawsuit is complete garbage, you'd probably file a motion to dismiss based on one of two grounds: Lack of standing, which means that the person filing the suit does not have a legal right to actually file the suit (which is apparently what Obama's legal team has filed); or something called a "Rule 12(b)(6) motion." That refers to something called the "Rules of Federal Procedure," which are procedural rules used by federal courts. The FCRP is basically a set of rules that federal courts use to make sure that things are uniform throughout the court system.

12(b)(6) in particular claims a "failure to state a claim upon which relief can be granted." For example, if I file a lawsuit against you claiming that your "malicious mental energy made me gamble away $150,000," the person I sue can file a 12(b)(6) motion to dismiss saying that I have not actually claimed anything that the court can use to say "hey, pay up!"

That's a long explanation, but given how common lawsuits are in society, I think it's useful to understand how some of the basic procedure works.

So, basically, just because someone replies to a suit, does not mean they are admitting guilt.
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Old 10-22-2008, 02:23 AM
 
Location: Unperson Everyman Land
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That's some handy information.
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Old 10-22-2008, 02:32 AM
 
5,758 posts, read 11,642,546 times
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I know some people who have been sued for what are clearly nonsense reasons, and information like that has helped them get these things eliminated right at the beginning. Of course, if the court doesn't dismiss the lawsuit, you might want to get a lawyer. But if you think you are being sued on very weak grounds, there are some basic procedural things you can do to get the lawsuit thrown out, or at least get yourself more time (through something called a "motion for continuance").

Basically, you should look up the rules of the court in which you are being sued (usually on that court's website, but if not, always available from the court itself), read them over, then think about your next move.
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Old 10-22-2008, 02:42 AM
 
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I'm with you, he's not legal!

I kid.
But I didn't ruin the perfect score you have going.
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Old 10-22-2008, 08:10 AM
 
16,579 posts, read 20,723,191 times
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Because even when a frivolous lawsuit is filed, the defendant has to file a response or the plaintiff can seek a default judgment. If the court determines that the lawsuit is frivolous, the plaintiff can be forced to pay the defendant's costs and attorney fees.
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