Recently, as many of you know, we had an incident where a member of the website was accused of slander and libel. The thread and subject is closed now and I do not want it brought back up...but I want to post this because I do not want any XL Forum member to be fearful of posting their OPINIONS when providing information about what they might consider poor customer service company or business that they deal with.

Well, what no one here knows (until right now) is that The XL Forum has is own legal depatment...my mother!!! My Mother is not only one of the greatest Attorneys in California, but she graudated from law school Magna Cum Laude and she knows the law!!

I directed her to the thread in question and here is her LEGAL OPINION. (I have removed the names to protect the innocent :roflblack )

Quoted from my mother Audrey Alexander Esq. Doctor of Jurisprudence


"I think the guy from --- is a stupid idiot!!!!!! Oops, guess I just libeled him. Did you notice that he misspelled Libel . First of all, the first amendment guarantees the right of free speech. Everyone is allowed to state their opinion. Unless I missed part of the feed, I did not see anything that equated to libel. Initially, the guy from --- started his diatribe about a personal phone call between him and the guy who was unhappy with ---'s customer service policy and the 10% restock fee. Well, who knows what was said during that conversation? How can you be legally responsible for anything said between them at that time? Also, slander is an oral statement which damages someone's personal reputation (defamation of character), not a business's reputation. There is a legal difference. One is defamation of character and the other is Trade Libel. --- is such an idiot! Oops, did it again. But that's okay because I am stating my own personal opinion. I'm not saying this is a fact but just that this is my opinion. For example, if I say to you, "--- has been found guilty in Riverside Superior Court of being an idiot" I will be committing defamation of character because I have stated this as a true fact when I know it is false and that I am making this up. However stating my own personal belief that his I.Q. is sub-standard is not defamation of character. Also, the difference between slander and libel is that Slander is spoken words and Libel is written words.

OK, republishing (either via speaking or writing) slanderous and libelous words is also considered defamation of character. However, the original words were not defamation of character. By the way, you were excellent when you came back with an accusation against him. Boy, he immediately started to back down. He should never have jumped into the thread but just let it go and the whole thing would have gone away by itself. Now he has made a fool of himself.

Another thought, how is he going to sue you in Germany for defamation? You operate out of Germany not the state where he lives. BIG LEGAL DILEMNA for him. In order to sue you in his home state you have to have what in the legal business we call "minimum contacts" with that state. This means some significant contact such as having a business operating in the state such as "McDonalds, Sears, JCPenneys". Often companies are incorporated in Delaware and have operations in other states. The companies are then required to register that name of an agent within the state with the Secretary of State's office. Then if someone wants to sue them the agent is the person who is served with Notice of the law suit. This is called Due Process, i.e. notice that you are being sued and the opportunity to have your side heard. But you never even get to Due Process if no court in the state has jurisdiction. I seriously doubt that the "minimum contacts" test can be met for a website published in Germany and sent out to the world on the internet. HogWash!

Guess, I could go on and on but you get the idea. Thanks for the opportunity to help you.

Mom"


And then my Mom sent me this:

"I forgot to tell you that "truth" is the defense to a charge of defamation. If what you said is true then you win if someone tries to sue you for defamation. Seems to me that --- admitted that what the guy said about the 10% restocking charge was true. Uhmmm.

Legal Beagle Mom.

Can I become an honorary member of the forum so I can spout my legal opinions as needed?"


And I say...Sure Mom...you are welcome here ANYTIME and you are even being award our special XL Forum Dancing Rocker Banana!! Because...YOU ROCK!!!!

:banarock :banarock :banarock :banarock :banarock :banarock :banarock :banarock :banarock :banarock :banarock :banarock :banarock :banarock

Good to have a mom lawyer.

Someone posted an e-Bay link to a seat that's for sale today ...I checked the seller's feedback, and it is lily-white clean! No harsh words what-so-ever! I actually believe this situation was a helpful act and I hope quite a learning experience for some. The ol' Golden Rule prevails again! And please thank your Mom for us...sometimes formal training is very handy! Plus she probably kept your arse out of the jailhouse more than once...we'll have to validate that with Big Brother! :D

.....I love the smell of legalese in the morning..... :D

:banarock :rockband :banarock

Way to go Bert's Mom! :banana :clap :banana

"Mama said knock you out" :boxing :boxing :boxing :boxing :boxing :boxing

:urock


Bart

Amen brother!!! THANKS MOM!!! :D

Plus she probably kept your arse out of the jailhouse more than once...

Definatly some truth to that statement...it sure ain't Libel!!!

MOM! :clap

Hey we got a lawyer and a mom all in one shot. How cool is that? And a cool mom too, she said idiot a whole bunch of times!!! :D

Ok Bert, you need to make sure we all know your mom's ID so as not make too big of fools of ourselves. You know like in certain topic areas. :shhhh

Oh yeah, dancing nanners for Bert's mom:

:banadanc :banadanc :banadanc :banadanc :banadanc :banadanc :banadanc

We have confirmation, --- is a !!!!in' idiot!!!! Just as I suspected. :roflblack

OK. A contest. User name for Bert's Mom and an honorary membership!

-Legally Mom
-Juris Prudence
-Law Ma

Y'all should be able to be creative!!!

:leekguit :roflblack

Welcome, Ma!!!

Already made here an full XL Forum Team member. She is LegalBeagleMom.

(but I did not give her access to the Nudies!! :banadevi )

OK. A contest. User name for Bert's Mom and an honorary membership!

-Legally Mom
-Juris Prudence
-Law Ma

Y'all should be able to be creative!!!

:leekguit :roflblack

Welcome, Ma!!!

Call her whatever you want, she's pretty cool in my book. You're a lucky guy Bert and Bigbrotherwatching, I hope you didn't cause her too much grief when you were growing up :smoke

Oh the stories she could tell!!!

Oh the stories she could tell!!!Here's to hoping she does ! :roflblack

Here's to hoping she does ! :roflblack

That's what I'm sayin'

Hey, we could start the "Bert's Mom's Story Time" section. Bet that would get a lot of hits!

I think under her user name it should say, "Don't make me open this can of whoop ass!"

:D

That thread was like a bad car accident. Don't want to look but ya just got to.




(but I did not give her access to the Nudies!! )
Whatchoo talking bout Willis? I ain't seen nuthin like that here???

I like stupid people...they're funny...:laugh

The only thing funnier than stupid people, is stupid people who threaten legal action...

Does that make them legally stupid?? :doh

Whatchoo talking bout Willis? I ain't seen nuthin like that here???

Ahh....the benefits of being an XL Forum Team member!!!!

Whatchoo talking bout Willis? I ain't seen nuthin like that here???

Yep, yep. Click the link in my signature to learn how to open up the otherside of the forum. ;)

And be quick about it, Gronk needs our help. Stevo has put a call out. :D

I hope we can get to Gronk on time! Do they have Clydesdales over there? i think it's going to take at least three of them to free him! :D

I hope we can get to Gronk on time! Do they have Clydesdales over there? i think it's going to take at least three of them to free him! :D
Of course we never considered the possibility that he doesn't want to be rescued. :D

Yep, yep. Click the link in my signature to learn how to open up the otherside of the forum. ;)

And be quick about it, Gronk needs our help. Stevo has put a call out. :D


I just joined up as a team member. Did not see anyplace on paypal with a notes section to leave my username so I sent Bert a pm.

Welcome aboard Legalbeagle Mom. Now let me telln ya all about Bert... :roflblack

How did I miss that post!!! 25 Pages!!!! Glad to read the final outcome.!!

How did I miss that post!!! 25 Pages!!!! Glad to read the final outcome.!!

If you go to User CP then options you can set the page to load up to 40 posts ;)


Bart

Thanks mom :)

get her to the dealers fast.she needs a sporty:tour

hooray for Moms!!!!

If you go to User CP then options you can set the page to load up to 40 posts ;)


Bart
The thread was always there... It just never caught my eye ;)

Already made here an full XL Forum Team member. She is LegalBeagleMom.

(but I did not give her access to the Nudies!! :banadevi )

Awww, so how is she gonna post your baby pics? Or running naked through the sprinkler?
:laugh

Awww, so how is she gonna post your baby pics? Or running naked through the sprinkler?
:laugh
http://www.moker.us/pic/ugh.gif
let's leave that to their personal family and not on the internet http://www.moker.us/pic/PukeChicken.gif

I am officially LegalBeagle. However, I think your names are very creative. I may get fired from laughing so loudly at my office when reading your posts. I'll just tell everyone to bug off cuz "I ROCK!"

:banapurp

I am officially LegalBeagle. However, I think your names are very creative. I may get fired from laughing so loudly at my office when reading your posts. I'll just tell everyone to bug off cuz "I ROCK!"

:banapurp

:urock

Oh and ma, I'm always good. It is the others that make me bad. I swear. It's not my fault. :o :D

And if you get fired just be damn sure they don't slander you. ;)

Oh and ma, I'm always good. It is the others that make me bad. I swear. It's not my fault. :o :D


[quote=acmpartsmgr]LIEBEL LIEBEL LIEBEL etc...[quote]

It's pleasant to have a legal opinon that backs up ones own assessment of the situation..

Knowing when to quit is often more important than knowing when to start.



Now ya gonna have ta keep ya little boy in line ;) HA..like that's gonna happen :D:D

Clearly you are insighful, affirming the description given by your son. You therefore can deduce from my handle ("name") that I am one of great wisdom who can be trusted to offer sage advice and wise counsel.

You therefore should disregard suggestions (often suggestive ones, at that!) from PLANB, TXSPORTY, GOTWA and GARY. CANTOLINA is an animal abuse criminal and should be discounted. Visual records of his criminal abuse of deer have set new records for voyuerism on the Forum, and it would problematic for your Forum reputation to fraternize with him. PREACHER is a wise forum member, and, to date, no one has yet shown that he has any verified felony CONVICTIONS, so he might bear watching. THATBIKERGUY and MOKER leer a lot. We think they're harmless. And STEVO... well, he is Australian, after all...

And then there's, well... the LADIES OF HARLEY: XENA, BONRU, KATH, XENA, among others. They will offer somewhat biased and misguided advice that perhaps are minds are driven by thoughts and motives that might be less than pure... You can disregard them, too.

Anytime I can be of help, feel free to seek my advice. I can be trusted. Share your secrets. Tell me all about Bert's childhood. I will never release that information but will only use it to help bring about world peace.

Welcome!

I am officially LegalBeagle. However, I think your names are very creative. I may get fired from laughing so loudly at my office when reading your posts. I'll just tell everyone to bug off cuz "I ROCK!"

:banapurp
I would like to give you the official xlforum welcome!! :clap :clap :clap

Tell me all about Bert's childhood. I will never release that information but will only use it to help bring about world peace.

Welcome!

Whirled Peas is more like it!

:roflblack

Clearly you are insighful, affirming the description given by your son. You therefore can deduce from my handle ("name") that I am one of great wisdom who can be trusted to offer sage advice and wise counsel.

You therefore should disregard suggestions (often suggestive ones, at that!) from PLANB, TXSPORTY, GOTWA and GARY. CANTOLINA is an animal abuse criminal and should be discounted. Visual records of his criminal abuse of deer have set new records for voyuerism on the Forum, and it would problematic for your Forum reputation to fraternize with him. PREACHER is a wise forum member, and, to date, no one has yet shown that he has any verified felony CONVICTIONS, so he might bear watching. THATBIKERGUY and MOKER leer a lot. We think they're harmless. And STEVO... well, he is Australian, after all...

And then there's, well... the LADIES OF HARLEY: XENA, BONRU, KATH, XENA, among others. They will offer somewhat biased and misguided advice that perhaps are minds are driven by thoughts and motives that might be less than pure... You can disregard them, too.

Anytime I can be of help, feel free to seek my advice. I can be trusted. Share your secrets. Tell me all about Bert's childhood. I will never release that information but will only use it to help bring about world peace.

Welcome!

“ ‘Come hither, Little One,’ said the Crocodile, ‘for I am the Crocodile,’ and he wept crocodile-tears to show it was quite true”. :roflblack

"Then the Elephant's Child grew all breathless, and panted, and kneeled down on the bank and said, 'You are the very person I have been looking for all these long days. Will you please tell me what you have for dinner?'

'Come hither, Little One,' said the Crocodile, 'and I'll whisper.' "

"Then the Elephant's Child put his head down close to the Crocodile's musky, tusky mouth, and the Crocodile caught him by his little nose, which up to that very week, day, hour, and minute, had been no bigger than a boot, though much more useful.

'I think, said the Crocodile--and he said it between his teeth, like this--'I think to-day I will begin with Elephant's Child!' "

Sorry Shark Doctor :roflblack

The thread was always there... It just never caught my eye ;)

Heh, what I meant to say earlier was that you can change your settings to allow 40 posts per page. I just checked and that infamous thread was only seven pages for me, as opposed to your 25. :)

Hope that helps. ;)


Bart

Can't believe I just read this. Some folks might just take themselves too seriously. Thanks mom for the reality check. To those of small mind and a rubber spine. Get over it. Life is to important worrying about your stupid reputation and your even less important views of yourself. If you say something stupid in here expect to be abused. I expect mine now. Jeeeeessssssss!

And STEVO... well, he is Australian, after all...
and as everyone knows, Australia is entirely peopled with criminals :banadevi

and as everyone knows, Australia is entirely peopled with criminals :banadevi
Merry old England: one could get transported for stealing bread or being in debt (and I'm sure for liebel, libel, and slander :roflblack )...geez I wonder how many of us would be over in OZ today? :D

"Then the Elephant's Child put his head down close to the Crocodile's musky, tusky mouth, and the Crocodile caught him by his little nose, which up to that very week, day, hour, and minute, had been no bigger than a boot, though much more useful.

'I think, said the Crocodile--and he said it between his teeth, like this--'I think to-day I will begin with Elephant's Child!' "

Sorry Shark Doctor :roflblack
:roflblack :roflblack :roflblack

VERY WELL DONE!!! Hope folks recognize sarcasm when they see it and just enjoy and have some fun. Ralph is right: too many take too much too seriously!!! This is a great place to just lighten up!

:banana :banana :banana

My hide is way to tough to be bothered by what other people say. Seen too much..done too much..etc-etc-etc. Hell, since I'm lucky to be alive in the first place....ain't nothing going to work me up.

Love Mothers too... :smoke ---especially "Legal" ones.

:welcome LegalBeagleMom :welcome ....Do you know Judge Judy or Judge Joe Brown??:geek

:p Just kidding....and I don't reckon this implies free legal advice :roflblack
I'll :bump out of the way here for the next post.
Peace

YEAH MOM
:banana :tour :banana :tour :banana :tour ;) ;) ;) ;)

...Does that make them legally stupid??...

I think so, if not it should! My bet this is one of those areas that is left up to the state goverment.....

I never read the original thread that had problems, but personally I had issues in the past with some of those here at the workplace. Reading your advice really helped just to understand the difference in terminology.

Thanks Ma! Welcome aboard!!! :banana :banadanc :banana

My 2 cents. I'm Happy to say Freedom is what it's all about.
The United States of America. Lets all Pray it stays that way.
stargateops