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Thread: I have A Question?

  1. #1 I have A Question? 
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    If some student, is suing his University Council based on true evidence, and this evidence is affecting too many students also, and this student knows that he is right, would he won the case or not?

    his case is based on retroactive thing.


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  3. #2  
    Forum Professor jrmonroe's Avatar
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    Although this is probably a General Discussion question … In the US, a case requires proper prosecution on several aspects.

    Administrative remedies. If the university is a “state university”, that is, supported and controlled by a state as part of its public educational system, the state’s laws may require a complainant to exhaust all “administrative remedies” before suing the university in court. That is, the university may have its own system to address complaints and appeals, which the complainant must follow before going to court.

    Subject matter jurisdiction. The complainant must bring the case in a court having original “subject matter jurisdiction” over the matter. For example, one could not prosecute this case in either the Family Court or the US Supreme Court, because they do not have original jurisdiction over such matters. (The Family Court has no jurisdiction over such matters, and the USSC will only hear the matter as the last court of appeal.) That’s like hiring a plumber to install an electronic security system. Generally, one brings such matters in courts of “general jurisdiction” (small claims, district court, or superior court). Such courts are essentially the jacks-of-all-trades.

    Personal jurisdiction. One must bring the case in a court having “personal jurisdiction” over the people or entities involved. For example, assuming that, at the time of the wrong, the complainant was a resident in one state and the university was located in another state, the complainant could not bring the case before a court in a third state (eg, where the complainant now lives). The complainant must be able to prove that the defendant (university) meets the “minimum contact” requirements with the state in which the complainant sues ... that is, the court has jurisdiction over the university does not offend traditional notions of fair play and substantial justice. For example, perhaps the university has a satellite campus in the third state.

    Limitation of action. Also commonly called “statute of limitations”. Because this case would involve a “retroactive thing”, the complainant must initiate the complaint within the time limitations set forth in the law for such wrongs (typically about two or three years).

    Preponderance of the evidence. Oddly enough, the truth (ie, “true evidence” to use the OP's words) doesn’t matter. The party will prevail who proves their claims the strongest. A complainant may be in the right, know the truth, and state it to the court; however, the complainant who cannot prove the truth will most likely not prevail. Generally in civil matters, a complainant need only show “preponderance of the evidence”; that is, to show it more likely than not that the university committed the wrong.

    Class action. Because the alleged wrong is “affecting too many students”, the complainant could bring a “class action” lawsuit. That is, the “class” of people affected being the “many students” alleged to be wronged by the university.


    Grief is the price we pay for love. (CM Parkes) Our postillion has been struck by lightning. (Unknown) War is always the choice of the chosen who will not have to fight. (Bono) The years tell much what the days never knew. (RW Emerson) Reality is not always probable, or likely. (JL Borges)
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  4. #3  
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    Limitation of action. Also commonly called “statute of limitations”. Because this case would involve a “retroactive thing”, the complainant must initiate the complaint within the time limitations set forth in the law for such wrongs (typically about two or three years).


    Class action. Because the alleged wrong is “affecting too many students”, the complainant could bring a “class action” lawsuit. That is, the “class” of people affected being the “many students” alleged to be wronged by the university.[/quote]







    Thank you very much for these technical Ans(s),

    about the Class action part, do you mean that, all the students that are affected, need to bring the evidence with them, or they just need to ask for delete this affect?
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    Forum Professor jrmonroe's Avatar
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    I've never been involved with a class action, but it seems that the plaintiff starts off small and work its way toward larger numbers.

    The preliminary legal work (aka "discovery") between the parties once the action begins probably involves plaintiff asking defendant "Who else did you wrong like this?", the defendant them supplies the information, and then plaintiff contacts those others and asks them to join the suit. For example, if the plaintiff claims that the university wrongly charged students a fee, then the plaintiff would receive a list of all students (names, contact info, etc) charged that fee over the years.

    I suppose the plaintiff could also make public notice around the campus (bulletin boards, campus newspaper, handbills, etc) indicating the alleged wrong, the plaintiff's suit, contact info, etc.
    Grief is the price we pay for love. (CM Parkes) Our postillion has been struck by lightning. (Unknown) War is always the choice of the chosen who will not have to fight. (Bono) The years tell much what the days never knew. (RW Emerson) Reality is not always probable, or likely. (JL Borges)
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  6. #5  
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    Thank you
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  7. #6  
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    Some student should learn how to write an interrogative sentence first.
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  8. #7  
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    Quote Originally Posted by fizzlooney
    Some student should learn how to write an interrogative sentence first.

    And also, some famous lawyers, should know some GENERAL LAW PRINCIPLES.



    By the way, we won.
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