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Am I the Genius?

When Did a Whacky or Specific Law Win a Court Case?

Am I the Genius?

amithejerk.com

Education, Self-improvement

4.6766 Ratings

🗓️ 20 September 2024

⏱️ 23 minutes

🧾️ Download transcript

Summary

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Transcript

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0:00.0

When did a wacky or specific law win a court case? I got a pro bono client's removal by

0:06.7

USCIS cancelled. He had a low-level substance possession conviction from the early 1980s.

0:13.4

During that brief period, the active ingredient of a modium was illegal under state law but not

0:18.4

federal law. So I successfully argued that they couldn't prove it wasn't a conviction for possession of a substance

0:24.6

that was federally legal at the time, and as such was not subject to removal.

0:29.6

The argument worked, and my guy went back to his business and his family.

0:33.6

I had a case where a guy was charged for running a red light. The thing is, he'd been sitting

0:38.7

at the lights for five minutes and it hadn't changed. The wording of the specific section

0:43.4

under which he was charged related to stop signs and traffic lights and referred to them as

0:48.0

traffic regulation devices. I successfully argued that as the traffic light wasn't changing,

0:53.5

it wasn't regulating traffic,

0:55.1

and he got off. I couldn't believe it when the judge ruled in my favour. Neither could the police

0:59.7

prosecutor. I did some research for this case when I was a law student, Jolie v. Palacier,

1:06.1

1999. Some background, this was at a time when the Ontario Court of Appeal had held that, if there were any factual matters in dispute, a case could not be dismissed on summary judgment. That's not the case today. It was discovered that this position basically ruined summary judgment as a useful process. But it was the case at the time. In such a motion, all facts alleged by the plaintiff would be

1:28.2

assumed to be true. What happened was this. A man sued, among others, the College of Dental

1:33.8

Surgeons for persecuting him and interfering in his ability to live as a generic Martian. The plaintiff

1:39.9

claimed he had been cloned from space debris Nessa found in the 1960s. He claimed he had a genetic

1:45.8

test to prove this, but it had been falsified by the CIA as part of the conspiracy against him.

1:51.9

Well, naturally, this claim raises the concern that the plaintiff was bonkers, but there was

1:56.5

no evidence, aside from his bizarre claims of that being so. In court, the case was decided on two

2:02.3

alternate grounds. First, on the boring grounds that the case was patently frivolous and vexatious

2:07.6

because it was absurd. However, it was also decided on a more entertaining basis of standing.

...

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