this post was submitted on 03 Nov 2023
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Actually this is one of the instances where America law proves that Justice is at least somewhat of a concept, I mean holy shit we're not Japan. No seriously look at how they do Court over in the Land of the Rising Sun.
Japan has a 99.9% conviction rate, how many of you people knew that the Phoenix Wright series was actually intended as a scathing critique of the legal system of the country it was made in?
If something in a contract is in violation of state or federal law, then that provision of the contract is null and void.
There have been many instances of companies saying that you don't have any rights because you sign them away in the licensing agreement, only for a judge to turn around and call bullshit. The preceddnt is basically cemented in stone at this point.
Let's recall that the SCOTUS overturned a major precedent not so long ago. Precedent is not rock solid anymore.
There's a difference between 1 or 2 cases of precedent and hundreds or thousands of cases.
Holy shit America did something right? I can't believe it.
A friend of mine once said, that some things are too good to be true, but fortunately there are also some things that are too bad to be true.
I agree with everything here, but I wouldn't use conviction rate as a good metric. The US has a fairly disgusting conviction rate itself (especially federally) linked in with that whole "plea guilty to 6-60 months (judge's prerogative) or face 40 years to get a trial, but we don't call that duress".
I've only once seen a guilty plea where the defendant is asked under oath if they actually agree there's enough evidence to convict them, and that was a high-profile person getting a slap on the wrist for basically treason.
Out of curiosity, who?
99% sure it was Sydney Powell. If I'm remembering wrong, then it was Jenna Ellis. Coulda been both. In Ms. Ellis' guilty plea (I skimmed the video of it) she was bombarded with 5 minutes of confirming questions and I don't have time to listen to all of them. This recently came up on... I think it was Legal Eagle's analysis of all these guilty pleas, and if you haven't checked him out and are interested, you might want to (he's on Youtube)
Still it's... horrifying learning that the more ridiculous shit in Phoenix Wright (Like Phoenix having to get someone else declared Guilty to prove his client's innocence, when in real life you just have to create reasonable doubt that your client did it) is... actually based on how Japan's legal system works.
I mean fuck, if the law has that iron of a fist, it gives me newfound respect for the round balls on the Yakuza.
Why do companies continue to add these clauses then? Just as a deterrent?
Easy, just read the following exchange
"Sir that's against the law!"
"Just do it! If someone tries to sue let legal worry about it!"