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Author Topic: Word of the day  (Read 4333 times)
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« on: July 01, 2011, 01:08:49 PM »


"Misappropriation"
In law, misappropriation is the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a director of a board, an executor or administrator of a dead person's estate or by any person with a responsibility to care for and protect another's assets (a fiduciary duty). It is a felony, a crime punishable by a prison sentence.

Examples:
  • Using money for Security for some unauthorized purpose like filing lawsuits.
  • Using money for Road Maintenance for some unauthorized purpose like filing lawsuits.
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« Reply #1 on: July 05, 2011, 07:21:45 PM »

New Word of the day:  Sanctions

Sanctions are a financial or other penalties imposed by a judge on a party (board) or attorney for violation of a court rule, for receiving a special waiver of a rule, or as a fine for contempt of court. The sanction may be paid to the court or to the opposing party to compensate the other side for inconvenience or extra legal work required to respond to the sanctioned conduct. In one noted case, an attorney was sanctioned for filing a frivolous case by being ordered to go back to school.

"Hey Nicky your so fined...your so fined...it'll blow your mind,...hey Nicky...hey Nicky."
« Last Edit: July 05, 2011, 07:23:59 PM by David » Logged

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« Reply #2 on: July 07, 2011, 06:28:44 AM »

New word(s) of the day: "Frivolous Lawsuit"

Frivolous lawsuits are those filed by a party or attorney(Usually the one left standing when his Younger partner steps aside) who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims. Frivolous lawsuits waste time, (Stillwater Lakes Property Owner's)money, and judicial resources, and fines and/or santions may be imposed upon a party or their attorney for filing such a claim.

Frivolous lawsuits may be filed for purposes of harassment or coercion, such as to coerce the defendant into paying more or accepting less money than is rightfully due. They may be filed due to lack of due diligence by an attorney in investigating a client's claim, or other reasons. Generally, the defendant must win the lawsuit before seeking a remedy for the frivolous claim.

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« Reply #3 on: July 07, 2011, 11:58:59 PM »

New word(s) of the day: "Abuse of process"
Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended, malicious, or perverse reason. Examples include serving legal papers on someone which have not actually been filed with the intent to intimidate, or filing a lawsuit without a genuine legal basis in order to obtain information, force payment through fear of legal entanglement or gain an unfair or illegal advantage. The determination of what is unfair and wrong is for the court to determine on the individual facts of each case.

Lawyers who can be proven guilty of intentional abuse of process can be subject to discipline and punishment.
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« Reply #4 on: July 11, 2011, 04:41:23 PM »

New word(s) of the day: "Participation Theory"
Participation Theory refers to the general, if not universal, rule that an officer of a corporation who takes part in the commission of a tort by the corporation is personally liable therefor; but that an officer of a corporation who takes no part in the commission of the tort committed by the corporation is not personally liable to third persons for such a tort.

This means if officers use their position to say morgage property without approval, start lawsuits with the intent to harm, or institute services (like security just because they want it) the liability falls on the individual officers, rather than the corporation, when the record establishes the individualís participation in the tortious activity.
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« Reply #5 on: July 23, 2011, 07:27:50 AM »

New word(s) of the day: "Meritorious Claims and Contentions"

A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there
is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an
extension, modification or reversal of existing law.  

Comment:
[1] The advocate has a duty to use legal procedure for the fullest benefit of the client's cause,
but also has duty not to abuse legal procedure.  The law, both procedural and substantive, establishes the
limits within which an advocate may proceed.  However, the law is not always clear and never is static.  
Accordingly, in determining the proper scope of advocacy, account must be taken of the law's ambiguities
and potential for change.
[2] The filing of an action or defense or similar action taken for a client is not frivolous merely
because the facts have not first been fully substantiated or because the lawyer expects to develop vital
evidence only by discovery.  What is required of lawyers, however, is that they inform themselves about the
facts of their clients' cases and the applicable law and determine that they can make good faith arguments in
support of their clients' positions.   The action is frivolous, however, if the lawyer is unable either to
make a good faith argument on the merits of the action taken or to support the action taken by a good faith
argument for an extension, modification or reversal of existing law.  


« Last Edit: July 24, 2011, 12:31:23 AM by admin » Logged

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« Reply #6 on: July 24, 2011, 12:36:28 AM »

New word(s) of the day: "Selective enforcement"

Selective enforcement is the ability that executors of the law (such as corporate officers or management companies, and legal advisors in some cases) have to arbitrarily select choice individuals as being outside of the law. The use of enforcement discretion in an arbitrary way is referred to as selective enforcement or selective prosecution.

Historically, selective enforcement is recognized as a sign of tyranny, and an abuse of power, because it violates rule of law, allowing men to apply justice only when they choose. Aside from this being inherently unjust, it almost inevitably must lead to favoritism and extortion, with those empowered to choose being able to help their friends, take bribes, and threaten those they desire favors from.
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« Reply #7 on: August 03, 2011, 09:17:26 PM »

If you're into cop shows such as; Law & Order, Closer, NCIS etc., then you've probably heard someone say, "The first one to talk gets the best deal".

That offer is usually given after there's tons of evidence on multiple suspects of a crime.

Well....there's tons of evidence in; so if any of you and/or supporting "accomplices" would like a better deal, then any time VERY SOON, is a good time to sing like a canary before the rest of them get a chance at an all expense paid trip to the federal Penn.

Another famous line is, "follow the money", or in our case, follow the "one(s)" that handles it!

Two past board members have already made it clear of their great fear of going to the "Lock up". Seems like a certain psychopath is no longer doing a great job at convincing the others that all is going to be okay,...and as for the others, still stupid enough to continue standing ground on things such as security etc., risking heavy penalties as well as a long term stay at the Federal Penn.

...to be continued...

« Last Edit: August 03, 2011, 09:28:09 PM by David » Logged

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« Reply #8 on: August 06, 2011, 12:23:10 PM »

..."bad boys-bad girls, whatcha gonna do...whatcha gonna do when they come for you...
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« Reply #9 on: September 02, 2011, 06:05:56 AM »

This site has been quiet for months at a time. I am about to return back to stillwater and i am wondering what is the state of the community and the roads. We've been here in Florida living it up for the last year. Can i get an update from this true communication vehicle. Who is the new president and board members? Is the community still falling apart financially?
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« Reply #10 on: September 27, 2011, 11:25:19 PM »

Finally!!!!!!!!!!!!


Okay...so it's not the Pocono Record, but at least Stillwater Lakes board members finally make it to the news,..as far as West Palm Beach Florida!

Click on the link below to read the news article:
http://www.examiner.com/hoa-in-west-palm-beach/hoas-and-the-first-amendment-which-one-is-more-powerful

It is recommended that you subscribe on the West Palm Beach FL website for future updates on what the board doesn't want you to know about what is actually going on in Stillwater Lakes Civic Association.
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