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Questions and answers for parents and leaders new to Scouting.


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  2. My son is a Boy Scout now! 1 2

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  3. New leader needs advice 1 2

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  5. wolf without leader 1 2

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  6. Time between rank 1 2

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  7. Who is responsible? 1 2

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  • LATEST POSTS

    • CynicalScouter is absolutely correct. Heavens, for all that folks hate that legal process is interminable-we are going to kill off the only thing that puts an end to it:  statues of limitation?   Can't win, can't break even, can't get out of the game.
    • So upon what principles did the grey scale originate.  It would seem to me that the claimant says that the crime occurred in some state that was statue of limitations barred or not.  If not barred, then the claimant could collect the maximum that can be negotiated whereas if time barred there could not be an award.  How does a scale apply? To be clear, I am not saying that some group should not receive compensation - just trying to understand how a grey scale could be constructed.
    • I would have to see this to believe it-all of the facts and circumstances, applicable statutes, contracts, etc.. My favorite is the divorce client who claims his buddy at the shop "got to keep his house." Insinuating that the guy always gets to keep the house, or that the buddy's lawyer was really good. Well, generally, it turns out the buddy gave up his pension plan benefits in an equal value exchange, or some other asset the buddy is not bothering to mention. "Always got to look like a winner." Statutes of limitation are pretty much made of granite.
    • Document discovery (letters, memos, reports, contracts, etc.) and discovery of tangible things (a failed valve, for example) is generally done first.  THEN, depositions follow, and the witnesses are questioned about those documents and failed valves, so you can learn what they will say in court about those documents and failed valves.  If the depositions were done first, there would be little to question the witness about.
    • One of the significant differences between disclosure and discovery, is that the disclosure is "crafted" by the debtor to show what the debtor wants to reveal-and in whatever light the debtor believes will present a favorable view of the disclosure and elicit votes approving it.  Something akin to lawyers taking over the marketing and sales departments. Discovery, on the other hand, allows a party to a lawsuit to request documents, computer data, nearly anything even remotely connected to the litigation, so that the requesting party can examine it, and draw their own conclusions  regarding its relevance to the case. In one sense, discovery of documents, computer data, etc., the requesting party receives unaltered historical data-that is, it is backward looking.  The documents were generally created in the ordinary course of operations-in the -heat of battle.  They were not prepared (usually) with litigation in mind. Another type of discovery pertains to depositions of human beings after a lawsuit has been commenced.  Its does allow the requesting party an opportunity to hear what the opposing party's witnesses will say at trial.  (And, if they change their story between the deposition and trial, to impeach them and undermine their credibility as a witness.) But, contrary to discovery related to documents, etc,, the witness knows litigation is in progress and may be able to shape their testimony to be more favorable to the party who calls them as a witness. Generally, a deposition witness is questioned about documents which were discovered through document discovery.  This type of discovery is both backward-looking (pertaining to historical documents obtained through document discovery), and forward-looking, in that the witness has a chance to shape their testimony in the deposition to cast the best light. (Asking for a brief explanation was smart.  Volumes have been written on this topic.  "Trial attorneys" spend 95±% of their time requesting, reviewing, analyzing, and interweaving discovered materials into their trial plan.  Actual courtroom time is minuscule compared to trial preparation.) Perhaps others have more to add?
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