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Originally Posted by lucknow
I have a question about these lawsuits.
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i'm not a lawyer but i've been following the birther fiasco pretty closely these last 4+ years so i think i can answer your questions.
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Here in Canada if you persue a suit, it first has to pass a precourt discovery phase where the court decides if it will even hear the case. Is there such a thing in the USA?
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in the US the first phase concerns "standing", basically proving that the plaintiff has a tangible damage that the court can remedy under the law. the majority of birther lawsuits have been rejected for lack of standing ( altho not for lack of theatrics on the birthers part on how they've been damaged to the very core of their being ).
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Secondly, if the court hears your case and you lose, you have to pay ALL COSTS. All legal fees plus court costs which are considerable.
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not always ( or automatically ) but in some of the birther cases the defense has asked for, and received, court costs and attorneys' fees from the plaintiff. in a couple of cases the prosecuting attorney has received monetary sanctions ( most notably orly taitz to the tune of $20,000.00 )
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