4 ms·

https://en.wikipedia.org/wiki/Good_faith#Law https://en.wikipedia.org/wiki/Good_faith#Law there are many many resources online you can find on the matter

lelanthran 1y ago
That is specifically limited to contract law (a subset of civil law) which is quite distinct from criminal law. Contract law requires many things, including "a meeting of minds"; that does not imply that all civil lawsuits and criminal hearings require "a meeting of minds". See https://en.wikipedia.org/wiki/Good_faith_(law) https://en.wikipedia.org/wiki/Good_faith_(law) There are many resources online you can find on the matter.
- dudefeliciano 1y ago
  > That is specifically limited to contract law That is false, and the wiki paragraph does not say that https://www.law.cornell.edu/rules/frcp/rule_11 https://www.law.cornell.edu/rules/frcp/rule_11 > quite distinct from criminal law. Trumps frivolous lawsuits have been civil matters, which is obviouos because private persons do not file criminal lawsuits, prosecutors do that.
  - lelanthran 1y ago
    > That is false, and the wiki paragraph does not say that Are you sure? This is the first sentence of my link: https://en.wikipedia.org/wiki/Good_faith_(law) https://en.wikipedia.org/wiki/Good_faith_(law) > In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. This is the first sentence of your original link: https://en.wikipedia.org/wiki/Good_faith#Law https://en.wikipedia.org/wiki/Good_faith#Law > In law, bona fides denotes the mental and moral states of honesty and conviction regarding either the truth or the falsity of a proposition, or of a body of opinion; There is nothing in there that supports the assertion: > It [the legal system] should also be based on good faith. Any legal system based on good faith will fall over in its very first year of operation. They are usually designed to be resilient to bad faith actors. The problem (which you seem to be alluding to) is that, by design, the system errs on the side of caution. In order to actually be punished for barratry, for example, there needs to be evidence beyond reasonable doubt. Any doubt as to the bad-faith intention and the system will not proceed with punitive measures. And that's just for barratry - the other sins that people perpetrate on the system have equally cautionary consequential actions taken.

lelanthran 1y ago

That is specifically limited to contract law (a subset of civil law) which is quite distinct from criminal law. Contract law requires many things, including "a meeting of minds"; that does not imply that all civil lawsuits and criminal hearings require "a meeting of minds". See https://en.wikipedia.org/wiki/Good_faith_(law) https://en.wikipedia.org/wiki/Good_faith_(law) There are many resources online you can find on the matter.

dudefeliciano 1y ago
> That is specifically limited to contract law That is false, and the wiki paragraph does not say that https://www.law.cornell.edu/rules/frcp/rule_11 https://www.law.cornell.edu/rules/frcp/rule_11 > quite distinct from criminal law. Trumps frivolous lawsuits have been civil matters, which is obviouos because private persons do not file criminal lawsuits, prosecutors do that.
- lelanthran 1y ago
  > That is false, and the wiki paragraph does not say that Are you sure? This is the first sentence of my link: https://en.wikipedia.org/wiki/Good_faith_(law) https://en.wikipedia.org/wiki/Good_faith_(law) > In contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract. This is the first sentence of your original link: https://en.wikipedia.org/wiki/Good_faith#Law https://en.wikipedia.org/wiki/Good_faith#Law > In law, bona fides denotes the mental and moral states of honesty and conviction regarding either the truth or the falsity of a proposition, or of a body of opinion; There is nothing in there that supports the assertion: > It [the legal system] should also be based on good faith. Any legal system based on good faith will fall over in its very first year of operation. They are usually designed to be resilient to bad faith actors. The problem (which you seem to be alluding to) is that, by design, the system errs on the side of caution. In order to actually be punished for barratry, for example, there needs to be evidence beyond reasonable doubt. Any doubt as to the bad-faith intention and the system will not proceed with punitive measures. And that's just for barratry - the other sins that people perpetrate on the system have equally cautionary consequential actions taken.