On 11/2/05, P. J. Alling <[EMAIL PROTECTED]> wrote: > In some jurisdictions judges like to make the law. A good judge who > knew and respected the law would throw a baseless lawsuit out, but with > some you can't be sure they even know the law it's not required >
a plaintiff must make out a prima facie case with the facts as set out in their statement of claim (or whatever the originating document is in your jurisdiction). if those facts aren't sufficient to give rise to the tort (and, imho, "shel published an unflattering photo of me" does not raise a prima facie case of defamation), then the defendant can make a motion to toss the case without the necessity of further proceedings. such procedures are pretty much universal in common law jurisdictions. -knarf -- "Sharpness is a bourgeois concept." -Henri Cartier-Bresson
