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Apple again files for U.S. Galaxy Tab injunction after winning appeal - Page 2

post #41 of 58
Quote:
Originally Posted by charlituna View Post
1. who won't be a trained expert in US law

 

Why does that have to be the case?

 

Quote:
2. pointless since there is a thing called appeals. If you don't like the ruling and you think it is due to some kind of bias, you appeal and it goes to another, higher level, judge who rules on the issue of bias etc. 

 

But you only get the single appeal, right? How is it handled in cases where the appeal is done on the basis of bias?

post #42 of 58
Quote:
Originally Posted by Gazoobee View Post

Re: the racist remarks ...

 

I've reported both offenders and encourage others to do the same.

Click the little flag, it's easy. 

I did as well but nothing happened so I guess they don't care about racist comments on this site. Perhaps it has something to do that some of the comments came from a Moderator which is truly sad and pathetic.

post #43 of 58
Quote:
Originally Posted by Tallest Skil View Post

But you only get the single appeal, right? How is it handled in cases where the appeal is done on the basis of bias?

The same as any other appeal. You argue the basis of the appeal in front of the appeals court. They generally do NOT re-hear the entire case, only the issue that is being appealed.

If you feel that the judge is biased, you'd better have evidence. Issuing a stupid ruling is not grounds for arguing bias. Rather, you argue against the stupid rulings. About the only way you're going to win a bias issue on appeal is if the judge makes specific comments that are racist. "S/he must be racist because s/he is from Korea and s/he ruled against me" isn't going to fly.
Edited by jragosta - 5/20/12 at 3:06pm
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post #44 of 58
Quote:
Originally Posted by Gazoobee View Post

 

When someone makes a racist remark, you don't do anyone any favours trying to make a stupid joke about it.  

It's a serious thing.  You're not "lightening things up" or anything similar, you're making it worse. 

Insensitive or not, people can joke about and say whatever they want.

post #45 of 58
Quote:
Originally Posted by fredaroony View Post

I did as well but nothing happened so I guess they don't care about racist comments on this site. Perhaps it has something to do that some of the comments came from a Moderator which is truly sad and pathetic.

The moderator didn't make any racist remarks. Maybe you're just trying a little too hard to find something to be offended by.

post #46 of 58
Quote:
Originally Posted by Slang4Art View Post

The moderator didn't make any racist remarks. Maybe you're just trying a little too hard to find something to be offended by.

Yes the moderator did.

post #47 of 58
Quote:
Originally Posted by fredaroony View Post

Yes the moderator did.

"the belief that all members of each race possess characteristics or abilities specific to that race, esp. so as to distinguish it as inferior or superior to another race or races.

 

 

• prejudice, discrimination, or antagonism directed against someone of a different race based on such a belief"

 

He never made any remarks that insinuated either... His concern was that there could be bias in the case if Koh were a racist. Agree or disagree, but he has the right to his opinion, and in the real world, people make decisions based on race all the time. I suppose you're one of those people that says things like, "I so could have been born black". People like you are a threat to liberty and free speech.

post #48 of 58
Quote:
Originally Posted by Slang4Art View Post
 Agree or disagree,

I disagree.

post #49 of 58
Hey Skil, by your logic, Vaughn Walker should have recused himself from the Prop 8 case due to his sexual orientation.
post #50 of 58
Quote:
Originally Posted by ElCapitanDavid View Post

Hey Skil, by your logic, Vaughn Walker should have recused himself from the Prop 8 case due to his sexual orientation.

By the same logic, U.S. judges should recuse themselves from any international case involving a U.S. company. When you express it that way, it's even more absurd. So who's going to try international cases involving U.S. companies in U.S. courts? Should we bring in judges from other countries who are not familiar with our laws in order to avoid bias?

Obviously, the logic is flawed. There's no reason to believe that someone is biased simply because of where their ancestors were born. If you try to argue that in front of a judge, you'd get laughed out of court. I guess it's just remotely conceivable that you might get away with arguing it if the country is the size of Monaco or one of the other tiny countries where everyone knows everyone else, but in that case, the argument would be that the judge should step down because s/he knows the defendant, not because they're from the same country.
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post #51 of 58
Quote:
Originally Posted by jragosta View Post
Should we bring in judges from other countries who are not familiar with our laws…

 

I asked before and never got a response: why does that have to be the case?

post #52 of 58
Quote:
Originally Posted by Tallest Skil View Post

I asked before and never got a response: why does that have to be the case?

Because - your argument is that a judge of Korean descent can not judge fairly in a case involving a Korean company.

If your statement is correct, by exactly the same logic, a judge of American descent can not judge fairly in a case involving an American company.

So in order to get a fair trial, you'd have to bring in non-American judges. And since the number of American judges can barely keep up with the caseload, it is not plausible that there will be enough foreign judges who are familiar with our laws. Furthermore, there is no mechanism for hiring foreign judges to try cases involving American companies in American courts. For that matter, it might even be unconstitutional.

In any event, your argument that someone who has one or more Korean ancestors can not be impartial in a case involving a Korean company is bogus, It has no legal precedent and just doesn't make sense in light of the above.
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post #53 of 58
Quote:
Originally Posted by jragosta View Post
Because - your argument is that a judge of Korean descent can not judge fairly in a case involving a Korean company.

 

Never said that. Of course they can. It should, however, be procedure to not even make this a potential question by having a third party judge.

 

I'm trying to remove from the equation the possibility of both bias and claims of bias (in this regard), is all. Is that not plausible?

post #54 of 58
Quote:
Originally Posted by Tallest Skil View Post

Never said that. Of course they can. It should, however, be procedure to not even make this a potential question by having a third party judge.

I'm trying to remove from the equation the possibility of both bias and claims of bias (in this regard), is all. Is that not plausible?

By the same logic, then, it should be procedure to not even make it a potential question to insist that American judges not be used in cases involving American companies, right?

Or, for that matter, let's exclude any judge who's ever eaten Korean food from cases involving Samsung. They might theoretically say "I like Korean food, so the Koreans must be great people and therefore, I'll rule in Samsung's favor". Or maybe we should eliminate any judge who owns a Korean car. Or whose family members own a Korean car. For that matter, if they own a Samsung or LG TV or appliance, they should be eliminated because they might be biased. Or maybe they have a 4th cousin twice removed who dated a Korean once.

You can't simply exclude someone on the basis of their national origin. You need evidence of bias and your insistence that she might be biased because of Korean ancestors has no more validity than claiming that she might be biased because she has a Korean TV or car or dishwasher.
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post #55 of 58
Quote:
Originally Posted by jragosta View Post
By the same logic, then, it should be procedure to not even make it a potential question to insist that American judges not be used in cases involving American companies, right?

 

Domestically, no. Internationally, I believe that's what I'm saying.

 

Quote:
Or, for that matter, let's exclude any judge who's ever eaten Korean food from cases involving Samsung. They might theoretically say "I like Korean food, so the Koreans must be great people and therefore, I'll rule in Samsung's favor".

 

Don't hyperbolize.

post #56 of 58
Quote:
Originally Posted by Tallest Skil View Post

 

Don't hyperbolize.

 

I'm thinking you may not correctly understand what hyperbole is? To clarify, hyperbole is an exaggerated phrase such as "I waited an eternity", "I tried a thousand times", etc. What comment from jragosta qualifies as such? Pretty much everything he stated in his comment appeared to be meant taken literally.

post #57 of 58
Quote:
Originally Posted by Tallest Skil View Post

Domestically, no. Internationally, I believe that's what I'm saying.

So American judges should not be allowed to rule on International trade cases that involve American firms. Gotcha.
Quote:
Originally Posted by Tallest Skil View Post

Don't hyperbolize.

Look up the meaning of 'hyperbole'. No one 'hyperbolized'.
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post #58 of 58
Quote:
Originally Posted by ElCapitanDavid View Post

Hey Skil, by your logic, Vaughn Walker should have recused himself from the Prop 8 case due to his sexual orientation.


Continuing along that line of reasoning, the only judge who should rightfully have heard that particular case would have been an avowed non-gendered asexual.  In any other case, the judge would have had the potential of bias in one direction or the other.

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