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Thread: judge's opinion on "briefly"

  1. #1
    Regular Member hammer6's Avatar
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    judge's opinion on "briefly"

    I just had a question...i was thinking about it today-

    does a judge's opinion have to be in court, or can it be out of court, pertaining to what "briefly" means?

    and- does it matter what kind of judge it is?


    by out of court i mean- if a judge tells someone- briefly is open ended, and doesn't have a definitive time on it, so whether it's 5 seconds or 5 minutes, neither one can be the meaning....

    but then i know that wouldn't hold any ground legally, because there wouldn't be case law. i'm just saying IF, we were able to get a judge to give an opinion on it, would that help us out at all?
    Last edited by hammer6; 07-29-2011 at 12:11 AM. Reason: i sounded like a RA-tard
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    Typically, to be a binding legal judgement, it requires an actual "judgement". Meaning an actual, written, judgement entered into the court records and, eventually, recorded in the counties legal registers.

    An opinion of a judge, outside of court, would, IMHO, be just that, an opinion.

  3. #3
    Founder's Club Member thebigsd's Avatar
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    Quote Originally Posted by hammer6 View Post
    I just had a question...i was thinking about it today-

    does a judge's opinion have to be in court, or can it be out of court, pertaining to what "briefly" means?

    and- does it matter what kind of judge it is?


    by out of court i mean- if a judge tells someone- briefly is open ended, and doesn't have a definitive time on it, so whether it's 5 seconds or 5 minutes, neither one can be the meaning....

    but then i know that wouldn't hold any ground legally, because there wouldn't be case law. i'm just saying IF, we were able to get a judge to give an opinion on it, would that help us out at all?
    Just wondering, did you have particular judge in mind or an instance where a judge was talking about "briefly" or were you just floating the idea? Unfortunately, like someone said, judges rulings only count if they are done in the court setting and officially entered into the record. An interesting idea nonetheless.
    "When seconds count between living or dying, the police are only minutes away."

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    Regular Member hammer6's Avatar
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    Quote Originally Posted by thebigsd View Post
    Just wondering, did you have particular judge in mind or an instance where a judge was talking about "briefly" or were you just floating the idea? Unfortunately, like someone said, judges rulings only count if they are done in the court setting and officially entered into the record. An interesting idea nonetheless.


    yeah i only ask because i am personal friends with 3 judges where i live....2 county and 1 circuit judge...
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    Founder's Club Member Jojo712's Avatar
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    Quote Originally Posted by hammer6 View Post
    yeah i only ask because i am personal friends with 3 judges where i live....2 county and 1 circuit judge...
    I can only hope that one of my clients has one of these judges one day. In that case, their opinion becomes precedent, and that section of the law would be nullified until the appeals court gets it.

  6. #6
    Regular Member hammer6's Avatar
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    Quote Originally Posted by Jojo712 View Post
    I can only hope that one of my clients has one of these judges one day. In that case, their opinion becomes precedent, and that section of the law would be nullified until the appeals court gets it.
    so should i ask one of them their opinion on the word briefly? or what?
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    Regular Member Rich7553's Avatar
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    Quote Originally Posted by hammer6 View Post
    so should i ask one of them their opinion on the word briefly? or what?
    Couldn't hurt, but don't be surprised if the answer is that it depends on the individual incident.
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    Quote Originally Posted by hammer6 View Post
    I just had a question...i was thinking about it today-

    does a judge's opinion have to be in court, or can it be out of court, pertaining to what "briefly" means?

    and- does it matter what kind of judge it is?


    by out of court i mean- if a judge tells someone- briefly is open ended, and doesn't have a definitive time on it, so whether it's 5 seconds or 5 minutes, neither one can be the meaning....

    but then i know that wouldn't hold any ground legally, because there wouldn't be case law. i'm just saying IF, we were able to get a judge to give an opinion on it, would that help us out at all?
    The best option is to ask for an opinion from the Attorney General.

  9. #9
    Regular Member Rich7553's Avatar
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    Quote Originally Posted by GIdeon_70 View Post
    The best option is to ask for an opinion from the Attorney General.
    Can't. Only certain official offices, i.e. sheriffs, can request an AG opinion.
    Rich
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  10. #10
    Regular Member 77zach's Avatar
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    Quote Originally Posted by Rich7553 View Post
    Can't. Only certain official offices, i.e. sheriffs, can request an AG opinion.
    Even if you could ask, she might not give an opinion. "Briefly" isn't defined anywhere so she might just shrug. She is a neocon drug warrior so we probably don't want an opinion anyway. I'm not sure if she makes an exception to her statism when it comes to gun rights or not.
    Last edited by 77zach; 08-08-2011 at 07:52 PM.
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    I don't "need" to openly carry a handgun or own an "assault weapon" any more than Rosa Parks needed a seat on the bus.

  11. #11
    Regular Member hammer6's Avatar
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    Quote Originally Posted by Rich7553 View Post
    Can't. Only certain official offices, i.e. sheriffs, can request an AG opinion.

    Unless you know someone that works for the AG...

    Which Happens to be me...so when I see my buddy I'll ask him
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