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Old 11-11-2010, 09:56 AM
 
3,562 posts, read 5,226,922 times
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Quote:
Originally Posted by Guamanians View Post
how does the OK law defy the consitution?
By specifiying a religion.
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Old 11-11-2010, 09:58 AM
 
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Quote:
Originally Posted by InformedConsent View Post
Yes, I am aware of that. Note the REASON why the judge ruled a lack of criminal intent, vacated temporary restraints, and dismissed the plaintiff's domestic violence action.

...the man's belief (Islamic Sharia law).

Let's see what the Appellate Judges have to say...

a6107-08.opn.html (http://lawlibrary.rutgers.edu/courts/appellate/a6107-08.opn.html - broken link)

I don't think you are aware of it, it is a different legal matter.
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Old 11-11-2010, 10:05 AM
 
Location: the very edge of the continent
89,006 posts, read 44,824,472 times
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Originally Posted by Pandamonium View Post
No, Informed. The problem is that it wasn't a sharia law case and it wasn't a criminal court case.
The only 'problem' is that you and DC insist on framing the NJ case as such. The Appellate Court Judges make it quite clear that the overturned judge's ruling of 'lack of criminal intent' was erroneously based on the man's belief (Islamic Sharia law). Sharia law influenced a NJ court decision when it shouldn't have. The Appellate Court Judges confirmed that.
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Old 11-11-2010, 10:10 AM
 
42,732 posts, read 29,878,374 times
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Quote:
Originally Posted by InformedConsent View Post
The only 'problem' is that you and DC insist on framing the NJ case as such. The Appellate Court Judges make it quite clear that the overturned judge's ruling of 'lack of criminal intent' was erroneously based on the man's belief (Islamic Sharia law). Sharia law influenced a NJ court decision when it shouldn't have. The Appellate Court Judges confirmed that.
Actually, no. The appeals judges confirmed that the judge's ruling was faulty. They never said it was faulty because the judge based his decision on Sharia Law. He didn't. In fact, he couldn't. Because Sharia Law excuses the criminality of this man's actions. And this WAS NOT the court where the criminality of the man's actions was determined. This was a family court, not a criminal court.
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Old 11-11-2010, 10:10 AM
 
3,562 posts, read 5,226,922 times
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Quote:
Originally Posted by InformedConsent View Post
You are completely missing the point. The judge refused to grant a restraining order, citing the man's belief (Islamic Sharia Law) as proof of lack of criminal intent.
No, you are completely missing the point. No pattern. A belief that the no contact order was in place. No contact order. He saw no reason for them to have anything to do with each other again. Meanwhile admitting that there would be future litigation.
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Old 11-11-2010, 10:13 AM
 
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Quote:
Originally Posted by Guamanians View Post
I see that you're not sympathetic towards the husband, but what about the wife? based on what you have written she is the real problem here

I think this is more of don't butcher the system because you want to.
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Old 11-11-2010, 10:15 AM
 
3,562 posts, read 5,226,922 times
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Quote:
Originally Posted by InformedConsent View Post
The only 'problem' is that you and DC insist on framing the NJ case as such. The Appellate Court Judges make it quite clear that the overturned judge's ruling of 'lack of criminal intent' was erroneously based on the man's belief (Islamic Sharia law). Sharia law influenced a NJ court decision when it shouldn't have. The Appellate Court Judges confirmed that.
You are the one who is expecting it to be a criminal court case. It is not.
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Old 11-11-2010, 10:15 AM
 
Location: the very edge of the continent
89,006 posts, read 44,824,472 times
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Quote:
Originally Posted by Pandamonium View Post
I don't think you are aware of it, it is a different legal matter.
What part of...

"We are also concerned that the judge's view of the facts of the matter may have been colored by his perception that, although defendant's sexual acts violated applicable criminal statutes, they were culturally acceptable and thus not actionablea view that we have soundly rejected." - NJ Appellate Court Judges, on overturning the judge's decision that was based on the man's belief (Islamic Sharia law)

...do you not understand?

In overturning the judge's decision, the NJ Appellate Court Judges ruled against the creeping of Sharia law into the NJ court system.
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Old 11-11-2010, 10:17 AM
 
Location: the very edge of the continent
89,006 posts, read 44,824,472 times
Reputation: 13709
Quote:
Originally Posted by Pandamonium View Post
You are the one who is expecting it to be a criminal court case.
You are mistaken. I never said that. I have been quite clear in the info I have provided, including the NJ Appellate Court Judges' statements on overturning the decision.
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Old 11-11-2010, 10:20 AM
 
3,562 posts, read 5,226,922 times
Reputation: 1861
Quote:
Originally Posted by InformedConsent View Post
What part of...

"We are also concerned that the judge's view of the facts of the matter may have been colored by his perception that, although defendant's sexual acts violated applicable criminal statutes, they were culturally acceptable and thus not actionable — a view that we have soundly rejected." - NJ Appellate Court Judges, on overturning the judge's decision that was based on the man's belief (Islamic Sharia law)

...do you not understand?

In overturning the judge's decision, the NJ Appellate Court Judges ruled against the creeping of Sharia law into the NJ court system.
By overturning the judge's decision, the Appllate Court ruled that there was a legitimate reason for the final restraining order.

What part of not a rape trial are you not getting?????The whole damn thing.
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