FG 4

[Scav]

Originally Posted by RealBigD

Scav:

I appreciate your nice comments about my writing; thank you. I get lots of practice as I am a lawyer by trade.

DaHoss:

I'm not sure what you mean to imply by saying that it is "very coincidental" that I am making my first posts here. Basically, until now I have had little or nothing to contribute. I have been handicapping for many years, but I joined here just a few weeks ago. I work full time (see above), and my wife and I had our first baby three and a half months ago -- I could provide a link to baby pics but would not want to be accused of "plugging" my son. So, while I love racing and handicapping, unfortunately I have had little opportunity to follow the sport recently, as other responsibilities have been keeping me rather busy. I'm hoping that will change in the coming months.

The dialogue here is on a high plane -- there are indeed many fine handicappers and analysts on this board -- and bottom line is that I haven't had anything to say that would advance the discussion. The one exception is that I do have some first-hand knowledge of BBB, so I decided to share that.

I look forward to participating on the board as time will allow, and I hope to develop a good relationship with everyone here. Let's be friends. Good luck.

You really need to stick around now, I always do stupid things and could use a lawyer to talk to. Next time I do something ridiculous, you'll be the first person I PM

Scav,

If you get busted in Louisiana, I can help you. Elsewhere, you're on your own. But I'm always willing to offer advice.

[hailrazer]

Originally Posted by RealBigD

Scav,

If you get busted in Louisiana, I can help you. Elsewhere, you're on your own. But I'm always willing to offer advice.

Dear RealBigD,

I have recently gotten myself into a pickle and was wondering if you could help me out. I don't want to reveal my true identity here so lets just say my name is "Nole Corman". I recently accidentally killed a woman while at the wheel. Lots of suspicion due to reports from other drivers that I was driving erratically before the collision. I'm back home in Louisiana now but the crash happened in Ark. Any chance you can keep me from being hauled back to Hot Springs to face the music?

All My Love,
Nole

Originally Posted by hailrazer

Dear RealBigD,

I have recently gotten myself into a pickle and was wondering if you could help me out. I don't want to reveal my true identity here so lets just say my name is "Nole Corman". I recently accidentally killed a woman while at the wheel. Lots of suspicion due to reports from other drivers that I was driving erratically before the collision. I'm back home in Louisiana now but the crash happened in Ark. Any chance you can keep me from being hauled back to Hot Springs to face the music?

All My Love,
Nole

Dear Nole,

Sorry, but you are a longshot to avoid prosecution in Arkansas. Please be aware that you face a sentence of 3 to 10 years of imprisonment if you are found to have been intoxicated at the time of the crash. I advise you to retain an Arkansas attorney if you've not done so already.

Some have said that you -- and your horses -- could benefit from a long period of detoxification. I wish you the best.

RBD

[Rudeboyelvis]

Real BigD,

Sorry to inundate you with requests for your legal opinions, but my guess is that by stating your line of work here you might be open to offereing one or two.

Let's say I publicly accused a jockey of race fixing on a internet forum with no basis of fact, only conjecture and wild conspircy theories.

Have I opened myself to a liebel or slander suit by said jockey? What is the difference between libel and slander? Would this be a civil action solely, or could there be criminal implications and possible prosicution at hand as well?

Thanks, your responses are valued and appreciated.

[brianwspencer]

Originally Posted by Rudeboyelvis

Real BigD,

Sorry to inundate you with requests for your legal opinions, but my guess is that by stating your line of work here you might be open to offereing one or two.

Let's say I publicly accused a jockey of race fixing on a internet forum with no basis of fact, only conjecture and wild conspircy theories.

Have I opened myself to a liebel or slander suit by said jockey? What is the difference between libel and slander? Would this be a civil action solely, or could there be criminal implications and possible prosicution at hand as well?

Thanks, your responses are valued and appreciated.

Good question. It's probably pretty smart of you to ask a question like that before you did something that outrageous. Good looking out.

[SentToStud]

Originally Posted by Rudeboyelvis

Real BigD,

Sorry to inundate you with requests for your legal opinions, but my guess is that by stating your line of work here you might be open to offereing one or two.

Let's say I publicly accused a jockey of race fixing on a internet forum with no basis of fact, only conjecture and wild conspircy theories.

Have I opened myself to a liebel or slander suit by said jockey? What is the difference between libel and slander? Would this be a civil action solely, or could there be criminal implications and possible prosicution at hand as well?

Thanks, your responses are valued and appreciated.

You're probably safe.

Libel and slander are the same thing; defamation. The only difference is how the statement is published. Slander is spoken; libel is through a fixed medium, usually written but could also be otherwise, i.e., a sign or billboard.

Unless stated as fact, what you said or wrote is not defamation. In other words, if an alleged assertion is a statement of opinion rather than fact, it's not defamation.

Now if you had done this in Kenya, you might already be dead as punishment.

Originally Posted by SentToStud

You're probably safe.

Libel and slander are the same thing; defamation. The only difference is how the statement is published. Slander is spoken; libel is through a fixed medium, usually written but could also be otherwise, i.e., a sign or billboard.

Unless stated as fact, what you said or wrote is not defamation. In other words, if an alleged assertion is a statement of opinion rather than fact, it's not defamation.

Now if you had done this in Kenya, you might already be dead as punishment.

I agree with the above . . . I suspect I am not the only lawyer around here.

You can say most anything you like, as long as it is expressed as an opinion. Certainly there are no criminal consequences; without getting too deeply into it, conceivably you could be required to pay monetary damages if you made a false statement about someone and it caused them eonomic harm.

You may sleep easier if you think about this: If it came down to it. could the defamed/slandered jockey establish that he was damaged? Did anyone believe your wild theory about the race fixing claim? If so, did they, on the basis of what you said, deny the jockey mounts? Unless the jockey suffered injury to his business and/or reputation based on your statements, he/she has no viable claim for damages.

All in all, it seems highly unlikely that anything would come of this.