I'm watching the trial now on YouTube, and he's not doing much better today.?ÿ My wife and I were howling watching the expression on the judge's face as the attorney fumbled around for minutes at a time trying to find the share screen button.
https://www.yolo.courts.ca.gov/online-services/hearing-stream
Department 10.?ÿ Still going on.
The hearings are live-streamed but not archived.?ÿ If a hearing isn't in progress, the site will show no content.?ÿ It's also illegal to record the hearings, or so it says on the court's website.
Okay, thanks. ?ÿNo more screen shots. ?ÿI realize there is a time zone difference, but I tried it several times during the day.
My favorite TV channel is C-Span. ?ÿI am trying to enjoy Court TV, but the talking heads get in the way. ?ÿI just enjoy raw unedited American government working at its best (or at least at the best it can do at the moment).
Weird, I know. ?ÿSue me.
That is the proper expression of disgust that the opposing counsel should have after 2hrs with a diligent licensed surveyor.
Sounds like you got his goat and left him with squat to take away from the table.
kuddos
No kudos earned until we see what the judge says.?ÿ 🙂
While it is potentially humorous and entertaining to see incompetent performance by attorneys, it can have unintended bad consequences for everyone, including surveyors.?ÿ The premise of our advocate-based justice system is that there is competent representation on both sides.?ÿ Courts and judges can only rule on the arguments and evidence presented.?ÿ Appeal courts do not admit new arguments and evidence, it is a rehearing of the same case.?ÿ The "correct" position that is not properly argued and supported with evidence can very well be ruled against (and not overturned on appeal).?ÿ Rulings against the "correct" position are unfortunate for those individuals who suffer the loss, but it can have broader impacts on other cases (and surveyors operating under that case law).
?ÿ
I know nothing of the quality of the arguments and evidence in Bailey vs. Parker but it appeared to be a case that the circuit court got "wrong" (holding a bearing over a natural monument like a creek).?ÿ The ruling was of such concern that PLSO submitted an amicus brief in the appeal process!?ÿ You can read the unfolding of the case here in a series of Oregon Surveyor Magazines (the second link, July/August has the bulk of the information).?ÿ
http://associationpublications.com/flipbooks/plso/2017/MayJune/index.html
http://www.associationpublications.com/flipbooks/plso/2017/JulyAugust/index.html
http://associationpublications.com/flipbooks/plso/2017/NovDec/4/
http://associationpublications.com/flipbooks/plso/2018/JanFeb/index.html
?ÿ
This does bring up the larger issue (maybe for another thread) of how does someone hire a good [profession/trade] person??ÿ Most people have no way to determine how to hire a good surveyor, lawyer, etc or electrician, plumber, etc.?ÿ Consumer reviews mostly pertain to customer service (are they responsive to phone calls, are they on time for appointments, etc). ?ÿ
?ÿ
The courts making the "correct" rulings helps everyone which doesn't always happen when there is no competent effort to present the correct arguments and evidence.?ÿ Courts making random or inconsistent or conflicting rulings due to poor arguments and poor evidence is just begging for a long messy appeals process that may also be a roll of the dice based on poor inputs, certainly not stability upon which people can rely!?ÿ
?ÿ
?ÿRulings against the "correct" position are unfortunate for those individuals who suffer the loss, but it can have broader impacts on other cases (and surveyors operating under that case law).
Only appealed cases generate case law. In the appeal decision, legal principles may be set, strengthened, or weakened, but the quality of evidence presented isn't going to have much effect on those principles and thus on later cases.
I've been very much aware of this during the course of this trial and its lead-up.?ÿ While I don't think the plaintiff's surveyor is right -- he marked a boundary line based solely on plat and deed dimensions, ignoring 120-year-old occupation evidence that's supported by Official Map dimensions -- I've kind of felt sorry for the plaintiff for having picked such a lackluster attorney.?ÿ The guy representing my client, on the other hand, has been doing a great job.?ÿ The decision could go either way, but based on the questions the judge asked I think he's leaning in our direction.
@jitterboogie, pigs are actually not the slobs people generally think, unless confined.?ÿ Given room in their quarters, they will select an area for elimination and will not roll around in their waste.?ÿ Of course, one of their favorite pastimes is rooting around in the soil for whatever then can find.?ÿ As a result they make the pastures and lots where they are kept look less than tidy.?ÿ It is when hogs are confined, as are most commercial pork farms these days, that they may be found rolling in their own excrement.
True.?ÿ Given the opportunity they will pick a spot and then avoid that spot.?ÿ That his how flushing gutters came to be added to confined swine housing.?ÿ The pigs all do their thing in the gutter area, then at some time a large quantity of water (reused water) comes flushing down the gutter and carries it all away.
True and fair. I didnt intend to besmirch swine, as they are quite intelligent and social stigmas as they are, added my poignant relief directed at the intended target of opportunity.
?ÿ???? ???? ?ÿ
...Official Map...
What is this?
