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ryandrakeyesterday at 6:54 PM9 repliesview on HN

It seems to me like justice should be about right vs wrong and illegal vs legal, and not “did you fill out form 27B/6 on time?” Dismissing a case on these kinds of trivial procedural grounds seems like the court just doesn’t want to do its job.


Replies

tpmoneyyesterday at 9:38 PM

Have you ever gotten into a fender bender and not had insurance involved? After resolving that situation, do you think it would be "justice" for the person you got into the fender bender with to come after you 20 years after the fact demanding compensation for 20 years of medical bills that they swear is related to injuries sustained in that horrific crash that you negligently caused? How would you even begin to construct a defense for yourself? Even assuming you still had the car, what is the likelihood it's in the same condition it was after that collision? How likely is it that you have a perfect 20 years of maintenance and repair records for that car? How likely is it that you have any evidence about what medications or substances you were or were not taking 20 years ago? How likely is it you could find any witnesses to the wreck from 20 years ago?

At a certain point, "justice" is deciding that it is impossible to fairly and reasonably adjudicate the dispute in question, and that it is better to have let a guilty person go free than to punish an innocent person. Statutes of limitation are one part of that package of procedures we have in place to make the process as fair and equitable as possible.

granzymesyesterday at 6:57 PM

The statute of limitations is not a trivial issue. Defendants have rights just as much as plaintiffs do, and our justice system does not allow plaintiffs to unreasonably delay in bringing their claims.

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dbt00yesterday at 7:37 PM

If it was wrong in 2019, why did he wait 7 years to do something about it?

The passage of time makes it harder to have a fair trial, as shown by the number of times Elon said I don't know or I don't recall about conversations that would have been recent in 2019 but are now long (or strategically) forgotten.

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mrhottakesyesterday at 7:36 PM

Bringing claims promptly so they can be adjudicated is vital for justice. What would you think if you were sued for something that happened decades ago when the time to correct it was soon after the instigating event?

wildzzzyesterday at 11:50 PM

Because civil cases are based on the preponderance of the evidence rather than beyond a reasonable doubt, plaintiffs have a much lower bar to clear for winning. However, because of the ease that they may win, there needs to be protections for defendants to ensure that it's fair. If you show up with yellowed documents claiming the defendant did something yet the defendant has, reasonably, lost the records that could disprove the claim, why should the plaintiff have the advantage? If the only thing you need to win an ancient lawsuit is to just hold onto records longer than the other guy, that's not an effective system.

brookstyesterday at 8:57 PM

So you’d be OK if, say, a rental car sued you for putative damage to a car you rented 15 years ago?

Limiting time that an action can be brought is critical to having a fair trial.

geodelyesterday at 7:08 PM

It doesn't seem trivial at all. Allowing to flout procedure specially in case of very rich , powerful people with vast resources at their disposal would feel rewarding further for their cluelessness as if they are not already heavily rewarded by rigged system.

dansoyesterday at 9:09 PM

How do you imagine justice functioning in a system that lacks a statute of limitations?

albedoayesterday at 8:13 PM

I for one am happy that we have and enforce statutes of limitations. Calling it a kind of "trivial procedural grounds" is wild.

> the court just doesn’t want to do its job.

What do you think its job is.