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  1. summer rain's Avatar

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    #1

    Question What does it mean?

    Is this a sort of idiom or proverb? and what does it mean?
    "The absent party is not faulty"

  2. heidita's Avatar
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    #2

    Re: What does it mean?

    Do you have context, summer rain?

  3. summer rain's Avatar

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    #3

    Re: What does it mean?

    No, someone asked me about it and I did not know how to explain it?


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    #4

    Re: What does it mean?

    See the last sentence in particular


    03.12 RELEASE OF ONE OR MORE CO-TORTFEASORS OR PLAINTIFFS


    For reasons that do not concern you the jury, (provide the names of co-tortfeasors or plaintiffs in the case) are no longer parties to this lawsuit. You are not permitted to speculate, or to discuss, or to consider in your deliberations for any purpose whatsoever the question of why they are no longer (a party) (parties) to this lawsuit. Their absence must not be a factor that weighs either for or against the claims of any party who is before you in this trial. Further, you are not to consider their absence in arriving at your decision as to what role, if any, they had in the facts and circumstances established by the evidence in this case.

    Nonetheless, you are required to determine the percentage of fault, if any, of the absent parties named above whose fault contributed in whole or in part to the injuries claimed by the plaintiff. You will be required on the special verdict form you will be given in this case to answer certain questions about the absent parties. You are to answer these questions on the basis of the evidence presented to you in this trial and in accordance with the instructions I have given you explaining negligence, [contributory negligence] and the defenses thereto.

    The absence of any party is not evidence of fault and shall not be in any way the basis of your verdict in this case.

    That is, 'fault' must be determined from hard evidence. The mere fact that someone is absent from court or is not appearing in the trial should not be taken to be any indication that they must be guilty/at fault in some way.
    Last edited by David L.; 13-Mar-2008 at 13:26.

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    #5

    Re: What does it mean?

    Attention: I’m not a teacher.

    Hi summer rain,

    "The absent party is not faulty"

    There is my free interpretation.

    “We shouldn’t backbite [to speak spitefully or slanderously about (another)] people which are absent because there is not the slightest chance for their freeing from guilt.”

    Something like “ present company excepted” = something that you say which means that the criticism you have just made does not describe the people who are listening to you now

    Regards.

    V.

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    #6

    Re: What does it mean?

    Summer rain as David L 's context. If there are two parties in a court case and one party does not turn up for whatever reason ,the court should not take this fact into consideration or as an indication that the person in question is guilty in any form.
    Stilo

  4. summer rain's Avatar

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    #7

    Wink Re: What does it mean?

    David L., heidita, vil, and Stilo
    thank you all
    that made it crystal clear to me.

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    #8

    Re: What does it mean?

    Quote Originally Posted by Stilo View Post
    Summer rain as David L 's context. If there are two parties in a court case and one party does not turn up for whatever reason ,the court should not take this fact into consideration or as an indication that the person in question is guilty in any form.
    Stilo
    , you go girl!

    I said it several times before, I'm gonna say it again:

    I learn new things everyday on this site!

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