Dèsîŗĕ Yèarning
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Post by Dèsîŗĕ Yèarning on Apr 11, 2010 11:33:47 GMT -5
who said u can work in Britain as a lawyer without studying law lol? and don't worry the Brits make fun of all of continental europe.. and they did through history too... so it isn't a big deal
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Post by Kastorianos on Apr 11, 2010 12:16:33 GMT -5
I attended a common law course once in university and the lecturer told us that...he seems to be right according to this source (one of many). www.lawbritannia.co.uk/nonlaw.htm
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Dèsîŗĕ Yèarning
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Post by Dèsîŗĕ Yèarning on Apr 11, 2010 12:53:21 GMT -5
So you still didn't answer my question. Actually u are transferred into a law program, which means that once you are in the program you shall find you are then taking exams and trained as a lawyer. you don't just walk into the office ands start working... U must be trained and its very extensive. u didnt answer the question about speeding
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Post by Kastorianos on Apr 11, 2010 13:19:10 GMT -5
i didnt see that post..
if you are speeding and kill someone for example...it does indeed depend on your mens rea if you commit a crime or not. If you killed him out of total negligence you will be punished for negligent manslaughter which is not a "crime" here. Well...what means crime...its no crime according to the German penal code...but of course it is a crime in usage.
But...our penal code does have additionally another mens rea subtype of intent. Its called "dolus eventualis" which is very similar to negligence. You act with dolus eventualis when you act with acquiescence. In this case you will be punished equally an intended manslaughter and then you have committed a crime...also according to the penal code.
The question if out of negligence or out of dolus eventualis will always be answered by the judge(s). It depends on the individual case.
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Post by Anittas on Apr 11, 2010 13:33:13 GMT -5
He didn't answer the question because he's trying to change the subject to a pseudo-rivalry between British and German law. He wants to exit the argument with a 'let's agree to disagree' when in fact the original argument was not about agreeing or disagreeing--it was whether a fatal injury to an unborn baby could count as manslaughter. I also find it exhausting to see him insisting on mentioning that he's a law student--as if that would automatically make his argument correct. Unless he gets his license, he has as much authority in law, in Germany, as the guy next door. Not to say that even with the competence that a student may gain from studying , a lawyer or attorney needs to prove his case and sometimes, link it to a law. So far, he hasn't done that; at best, he reacted to Desire's arguments and her sources.
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Dèsîŗĕ Yèarning
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Post by Dèsîŗĕ Yèarning on Apr 11, 2010 13:34:56 GMT -5
My question wasn't in regards to killing somebody by speeding. My question was speeding... if you read the question again you can understand.
You are breaking the law - thus committing a crime whether intentionally or not. You are viable to be punished for this act.
Do you get it?
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Post by Kastorianos on Apr 11, 2010 14:45:50 GMT -5
No...you did not understand that everything depends on your definition of "crime". According to British law (except for the case of murder if I understood you correctly) you commit a crime already by fulfilling the actus reus alone. According to German criminal law it depends on the minimum penalty of the fulfilled punishable act. Only such acts that bring you in case of conviction for at least 1 year to prison (according to the law) are crimes (if you could speak German I could name you the paragraph...) And since only such acts which are committed by intent are punished with at least 1 year...it depends also on the mens rea if you commit a crime.
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Post by Kastorianos on Apr 11, 2010 14:58:46 GMT -5
your malevolence is my triumph.
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Dèsîŗĕ Yèarning
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Post by Dèsîŗĕ Yèarning on Apr 11, 2010 15:27:58 GMT -5
Then in German law, if a man is told to stop by the police and he doesn't what happens, he can be shot. Even if he is deaf he is puniished for his act alone.
This argument can continue, and u understood correctly many crimes require the mens rea but not all crimes do. Today you have been enlightened on global law.
Now you can understand that manslaughter (without negligence) can be applied to the case in hand, harm to embryo.
There is laws that defend the embryo as a human. I guess I am a bit rusty since it has been some time since I went through a law case. If I have been able to enlighten you to some extent perhaps in the future one day you can do the sme for others without immediately trying to defend your view. It is ok to be wrong at times.
Now depending on where this case is tried, we shall see...
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Post by Kastorianos on Apr 11, 2010 16:11:59 GMT -5
? I dont see how I was wrong in any point I made....no one can know every legal situation of this world. I nowhere said I can talk for every country. Besides we are talking about a Greek case here...and in Greece..we have the same legal situation as in Germany...and France....and generally most of continental Europe. In Greek: news.kathimerini.gr/4dcgi/_w_articles_world_1_09/07/2004_109331In English: archives.tcm.ie/businesspost/2004/07/11/story260762774.aspThe article says that the European court of human rights did preclude the application of a pregnant woman to grant to an unborn child full legal capacity. Each country shall determine itself when human life begins. For the ones who speak Greek and the legal situation there... www.alopsis.gr/modules.php?name=News&file=article&sid=1290Its a churchal site...and it criticizes the "apanthropoiisis tou embriou" by the national laws...means the denial of the human nature of an embryo. So I was right on the issue with the Greeks and Albanians. Its no murder and even no manslaughter....the man will at best be convicted for abortion. How about recognizing that I was right? I mean...its not bad to be wrong at times is it? Ps: German law > British law Pps: And for all of you who attacked me...PARTE TA...malakes.
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Dèsîŗĕ Yèarning
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Post by Dèsîŗĕ Yèarning on Apr 11, 2010 16:20:53 GMT -5
Thats fine, if the case is going to be tried in Greece and that is the law's used I fully understand. This is probablt the reason why many brits are afraid to get in trouble in Greece as the legal system is seen unfair to people. But if we talk about more developed countries most use British common law and case law rules. American law also gives embryos rights. You must be proud to be from a country that rules in such an unethical way. By the way there is a punishment for abortion?!! omg what a backwards law. By the way there is still problems with such definition in Europe depending on the interpretation of the statute. www.law.harvard.edu/students/orgs/hrj/iss18/goldman.shtmla clear case. In the future I hope such backward laws are overturned.
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Dèsîŗĕ Yèarning
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Post by Dèsîŗĕ Yèarning on Apr 11, 2010 16:23:00 GMT -5
I don't think anone attacked you here. LOL
Also to be in an emplyment in a lawful instutution requires a person to be calm and methodical.
German > English law is bigger than? LOL You are still a kid grow up.
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Post by Kastorianos on Apr 11, 2010 17:02:30 GMT -5
I find "German law>British law" to be a funny statement...I expected you to perceive it as such. Btw you do never admit you are wrong. You still didnt...although the case is clear by now...while to others (just a few minutes ago) you give advises to admit if they are wrong....and Im the child.
bad joke.
No...there is only punishment when it is not implemented by a doctor. These are the "leges speciales" I was talking about for cases where unborn children are killed...injured...(it falls under the category abortion) etc. We can argue about if its ethically correct...but thats not the issue here. Besides I think thats the right way...generally abortion should be punished...and only exceptionally it should be allowed.
I think unborn children should be better protected but in no way should they be equated to born humans. Otherwise you would in each case of abortion make the mother statuorily a manslayer.
Everyone attacked me...you are the only one who did start at least a juridical and thus issue related argument about it. I hope they will learn from it.
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Kanaris
Amicus
This just in>>>> Nobody gives a crap!
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Post by Kanaris on Apr 11, 2010 17:26:34 GMT -5
That there is funny... ;D
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Dèsîŗĕ Yèarning
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Know yourself...
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Post by Dèsîŗĕ Yèarning on Apr 12, 2010 13:19:58 GMT -5
I didn't make any incorrect claims here, I was wrong perhaps about it if I had made my comments about Greek law, but since I wasn't aware of where the incident had taken place Albania, or America or Greece whatever I just gave my global legal information regarding the subject. if this makes me wrong so be it. Everybody can be wrong, im never afraid of that.. although it happens rarely
I think you are over sensitive and fee lpeople attack you, but at the same time are overtly blunt and inconsiderate when expressing your views, and hence when you recieve retaliation you feel under attack.
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Post by logjiktek on Apr 13, 2010 20:19:46 GMT -5
Greeks are cunts and they will always remain so. Constantly harass the Albanian immigrants in Greece, support separatist movements in Southern Albania, threaten to calm the situation in Southern Albania in 1997, support Serbia, has not recognize Kosova, racist marches calling to kill Albanians and the list goes on and on.
It's sad that the family died and it should serve as a reality check to those that consider Greek friends. Who needs enemies with friends like the Greeks?
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Kanaris
Amicus
This just in>>>> Nobody gives a crap!
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Post by Kanaris on Apr 13, 2010 20:27:32 GMT -5
Which family died?
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Post by logjiktek on Apr 13, 2010 20:29:27 GMT -5
Error on my part. I wrote that a bit quickly. But Greeks are still cunts........
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Kanaris
Amicus
This just in>>>> Nobody gives a crap!
Posts: 9,589
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Post by Kanaris on Apr 14, 2010 6:12:41 GMT -5
Yeah,you're right Greeks are cunts with Albanians ....they wouldn't have it any other way.
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Post by Kassandros on Apr 15, 2010 14:50:13 GMT -5
Bre Albos.. do you know what is our difference? If all that story is prooved the way Donnie shows it, I doubt there is even one Greek in whole Greece who dont want these 2 Greeks to rotten in jail. On the contrary, I still remember the 2 thugs who robbed the lady and were slapping each other in the police station.. or the other2 incidents with the 2 Albanian maniacs who kidnapped the busses... or 1 million more incidents with Greek innocent victims... and ALL of you were for the attackers and not the victims. Just search the posts to remember your comments against the victims and for the attackers. If these 2 Greeks are thugs, we'll get rid of them in jails. You want your thugs to live free next to you since they're Albanians Thats our cultural diffefence as nations and that is why Greece is Greece and Albania is Albania today. Our society gets rid of these people. Yours?
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