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11-09-2006, 11:45 AM #1
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NEGLIGENCE IN LAW;
NEGLIGENCE IN LAW;
“Actionable negligence” or “negligence in law” grows out of nonobservance of a duty prescribed by law.
ALIEN ENEMY;
An alien, that is, a citizen or subject of a foreign state or power, residing within a given country, is called an “alien ami” if the country where he lives is at peace with the country of which he is a citizen or subject;
See legal definition of “enforce” and “enforceable.”
I am curious to know is an American citizen or a group of citizens harmed in any way by illegal immigration or aliens, have any recourse to file a suit against those who are responsible for enforcing our immigration laws, but who do not or refuse to; are these people liable to the citizens harmed?
Or if a business lay you off or fire you and hire an illegal immigrant because he can pay him less, but you suffer financially and you can document if; can you sue the business and recover damages?
If a person, legal or illegal, is hurt on or by your property because of your negligence, that person who is hurt can file a suit and receive compensation for damages sustained.
I believe this is worth checking out legally and if nothing else maybe it would get those who are in charge of enforcing immigration laws to enforce them and businesses to hire Americans and pay a fair wage.
Do you believe the minimum wage increase will have any effect on businesses and illegal aliens?
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11-09-2006, 02:22 PM #2
Interesting questions you posed here dyhard
I am curious to know is an American citizen or a group of citizens harmed in any way by illegal immigration or aliens, have any recourse to file a suit against those who are responsible for enforcing our immigration laws, but who do not or refuse to; are these people liable to the citizens harmed?
So from what little I know I would say the injured person could file a RICO lawsuite but then as Crocket has pointed out to me multiple times..."in what court would you try it?" The courts appear to be dragging their feet as far as expediting any court action toward the criminals currently running the show.
Do you believe the minimum wage increase will have any effect on businesses and illegal aliens?
HOWEVER, If citizens were suddenly able to retain the amount of money deducted from their paycheck dedicated to FEDERAL tax that's another story. I would say it would help the citizens and put a major kink in the bottom line of the Federal Reserve."Liberty CANNOT be preserved without general knowledge among people" John Adams (August 1765)
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11-09-2006, 03:39 PM #3I am curious to know is an American citizen or a group of citizens harmed in any way by illegal immigration or aliens, have any recourse to file a suit against those who are responsible for enforcing our immigration laws, but who do not or refuse to; are these people liable to the citizens harmed?
I always said that why all those thousands of victims to illegal aliens don't get toguether and sue the government for not protecting this country's citizens, for allowing those criminals to stay illegally in the country.
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11-09-2006, 04:33 PM #4
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I know that police departments cannot be sued for failing to protect the citizenry, even in a case in which an officer witnesses a murder and refuses to step in to protect the victim. My guess is that this would fall under the same general legal principle.
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11-10-2006, 10:36 AM #5
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LAWMAN SAYS;
The US President and the US Congress have a Constitutionally compelled mandate to wage war against invaders. The Constitution also places the responsibility on the US President and the US Congress to safeguard borders and the US territorial integrity.
By law appropriate they are obligated to do all these things but they don't.
The reason this doesn't happen is that we have become a nation of lobbyists and our politicians cater to foreign and special interests and look the other way, away from the Constitution.
The US Constitution was never intended to favor foreigners over Americans. In fact the US Constitution was established to protect the common citizen from the awesome power of the states. Now illegal aliens not only misinterpret the US Constitution but also theya manipulate it, to self-serve. According to my interpretation the US Constitution was never intended to protect foreigners over Americans.
Ex California Governor Pete Wilson sued the Federal Government all the way to the US Supreme Court for the Feds. to refund to California the tax payers monies spent by the state in education and medical services rendered to illegal aliens. Wilson lost simply because it is the President and the high end politicians who appoint these justices.
It will take a revolution in order to get the Constitution enforced.
Or if a business lay you off or fire you and hire an illegal immigrant because he can pay him less, but you suffer financially and you can document if; can you sue the business and recover damages?
This is easy. If an American is fired or layed-off all you need is a discrimination attorney and the plaintiff in this case will winn big time. Lawman
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11-10-2006, 04:16 PM #6
dyehard, remember that no one used to sue cigarette companies? Finally someone did, and they won. Why coudn't all those relatives of victims to illegal aliens get toguether and sue the government for allowing criminals in this country? The government knows about this situation, many of those illegal aliens criminals have been in jail, and released, have not been deporter. Anyway, if one of my relatives was killed by an illegal alien, I would blame the government.
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11-10-2006, 04:27 PM #7
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Originally Posted by opinion
Rather than all this speculation, why don't you guys simply ask a real attorney how far such a lawsuit would go? I could tell you (in fact I have told you), but you would probably ignore my informed answer and just waste more time with wild speculation.
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11-11-2006, 10:21 AM #8
Re: NEGLIGENCE IN LAW;
Originally Posted by dyehard39
Without going into all the dry and boring statistics, I'll just touch on the highlights. The minimum wage increase (according to DOL statistics) will affect 3 million American workers (status is not noted). Presuming the average minimum wage earner works 20 hours per week, this would result in a $42/week "raise." On the other side however business payrolls will increase $10.5M PER HOUR (nationwide)
As the bean counters analyze the effect on the bottom line and devise ways to minimize their risk, the first courses of action are usually benefits and/or personnel reductions.
This may very well have an adverse impact on illegals hired at lower wages if legal workers feel their jobs may be at risk or see a potential $42/week "raise" slipping through their fingers because businesses are trying to protect their low waged illegals. It MAY even create a trickle down effect that would result in legal workers outing the illegals as a means of self-preservation.
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Currently, 22 states have enacted laws that raise minimum wage above the current $5.15, however, only 4 meet or exceed the proposed increase, adding further to the increased payroll burden on businesses.
This is not going to set well with businesses and Chambers of Commerce. Endorsing Kennedy's $2.10 minimum wage increase, will set the wheels in motion and pass the torch to businesses. Then, we can sit back and watch the fire works.
I would recommend, after the changing of the guard, everyone email or fax their representatives in the House and Senate and endorse the minimum wage increase ... even if you didn't vote for them.
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