Sunday, January 28, 2007

[suijuriscourtangels] Bloggers Who Criticize Government May Face Prison

I have the AAA responce which leads to The Writ of Mandamus...

Abuse of Discretion
In all jurisdictions judges are given discretion to decide certain
matters based upon the law and facts presented. They are required to
do this, however, within what is called the reasonableness test.

Adhesion Contract
A lop-sided deal. An adhesion contract "takes advantage" of people in
a weakened bargaining position, such as the proverbial widow on the
farm in the clutches of the mustachioed villain Simon Legree. If the
deal is too lop-sided, the court may award damages to the victim or
disregard the contract altogether and leave the victimizer without a
legal remedy.

Abuse of Power
The act of any government official that exceeds his or her authority.
This differs from abuse of discretion, in that no government official
(judge, legislator, executive officer, or local bureau employee) ever
has discretion to act outside his or her authority. When an officer
of government acts outside his or her authority, the law provides a
remedy in the writ of mandamus.

An order of the court enforcing the law or its separate orders by
directing that some act be performed, as opposed to an order of
judgment declaring a debt (as in a case for damages in tort or breach
of contract) or enjoining some future action (as in a case to enforce
the terms of an agreement or to prevent one person from causing or
threatening harm to another). There were in the common law many
different types of writs. A few still in use are listed hereinafter.
Writs are obtained by motions or petitions to a court having
jurisdiction over the matter.

Writ of Mandamus
A writ ordering a government official (regardless of branch or level)
to give an answer on the public record explaining by what authority
he or she is acting in a particular situation or requiring such
person to act in accordance with his or her lawful authority. Thus,
if the mayor of a town refuses to convene the city council, an
aggrieved citizen can move the local court of competent jurisdiction
to issue a write of mandamus requiring the mayor to act in accordance
with his or her legal function. Or, if the mayor takes it upon
himself or herself to act as a judge and jury, directing the local
police chief to put people in jail at his or her command, a motion
for writ of mandamus will move the court to issue an order directing
the mayor to explain by what authority he or she is having people
jailed without due process of law.

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