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A BIG part of the problem
https://forum.costaricaticas.com/viewtopic.php?f=1&t=27885		 Page 1 of 1
Author:  VegasBob [ Mon Mar 30, 2009 2:42 pm ]
Post subject:  A BIG part of the problem
No wonder the entire judicial system is phucked up here in CR. Check out Page 1 of www.amcostarica.com today
Author:  Pacifica55 [ Mon Mar 30, 2009 2:58 pm ]
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Read the whole thing, Bob, and it seems to me that the court ruled correctly. The ruling of a court can only be overturned by a higher court. In this case, the creditor tried to get corrective action on a decision from other than the legal process. If they had ruled the other way, any judge's decision could be overturned without a court proceeding.

The temporary judge's ruling was completely wrong. However, it is the duty of the higher court to correct the wrong, not a non-judicial oversight group that is actually charged with administrative oversight. It just ain't their job no matter the correctness of their intent. Just my opinion.
Author:  El Ornitorrinco [ Mon Mar 30, 2009 4:38 pm ]
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Interesting article, mainly because I work as a legal assistant in a law office specializing in civil litigation. IMO, this amounts to collusion between judges, which unfortunately, also happens in the system of law based on English common law which both the U.S. & Canada are based on. My office won a ground-breaking precedent in a higher court, meaning that lower courts are bound to follow it. In reality, we found out that judges in a certain area of our province got together & simply refused to follow it. So, we now have to appeal every case where they don't follow the precedent. It's time-consuming & costly, but some judges want to be social crusaders...

No different with this article. The judge who was there when the first one was on holidays wouldn't agree to set aside the other judge's order. No judge likes to overrule a fellow judge, it looks bad & makes for friction. Doesn't mean it's right, though.... :roll:
Author:  Pacifica55 [ Mon Mar 30, 2009 4:48 pm ]
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But that wasn't the cause of friction, El O. The conflict was that the administrative review panel tried to suspend the second judge for rewriting the ruling. That was not the review panels job nor did they have that authority. The authority to make the ruling correct or discipline the second judge lies within the judicial system, with the higher court, not with the panel appointed to see that judges come to work on time.
Author:  El Ornitorrinco [ Mon Mar 30, 2009 5:11 pm ]
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No, Pac. The order as it was overruled still stands, I don't see anywhere in the article where it says that the amended order was signed. They just have to go back to the first one to get it signed.

Sorry, I did misread the article the first time. :oops:

The second one is clearly a scumbag, & any lawyer will say that any judge's interpretation should be open to question, and I agree. I'd like more details as to who comprises this administrative panel before commenting further. Again, the point in the article about rules v. jurisprudence is an important one, and clearly the crux of the matter. If it is indeed a "rule" in CR law that judges can't be questioned in the application of the law, then the second judge is "correct". That doesn't mean it's "just".

However, I strongly suspect that there was collusion between the first & the second judge to not grant the relief sought by the creditor.
Author:  MrLasVegas [ Mon Mar 30, 2009 6:52 pm ]
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Seems like a fast way to insure no more investment in CR by foreign banks.Especially residential.No bank will lend if they are not sure they can recover the collateral.
Author:  DiegoC [ Mon Mar 30, 2009 6:59 pm ]
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It has been my experience here in Costa Rica that a judge has virtually no oversight. What I mean is there is no body of the judiciary to whom one (plaintiff or defendant) can complain about the conduct of the judge, e.g., a presiding judge.

And the appeal process appears to have significant limits. In the English based systems most any aspect of a case can be appealed. However, there seem to be few legal grounds by which one can cause an appeal.
Author:  DiegoC [ Mon Mar 30, 2009 7:47 pm ]
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Yes indeed. But some of us could be Ticos and it still happens to the native class.
Author:  VegasBob [ Tue Mar 31, 2009 10:33 am ]
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Thanks Greengo.......Once again you,ve helped me to understand. I'm fluent in English and getting better understanding Spanish,and I can assure you that Greengo speaks NEITHER of these languages.
Author:  El Ornitorrinco [ Tue Mar 31, 2009 3:54 pm ]
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Vegas Bob wrote:
Thanks Greengo.......Once again you,ve helped me to understand. I'm fluent in English and getting better understanding Spanish,and I can assure you that Greengo speaks NEITHER of these languages.


ROFLMFAO! :lol:
Author:  VegasBob [ Wed Apr 01, 2009 10:33 am ]
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Page 2 of today's www.amcostarica.com has an interesting letter to the editor on this subject.
Author:  Curiousdude [ Wed Apr 01, 2009 2:45 pm ]
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Vegas Bob wrote:
Thanks Greengo.......Once again you,ve helped me to understand. I'm fluent in English and getting better understanding Spanish,and I can assure you that Greengo speaks NEITHER of these languages.

He speaks Greenglish. Greenglish is obviously the language of CRT's Shakespearean Fool. I may be new here, but I'm already coming to love him, and I will try to learn Greenglish even as I continue to study Spanish.
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