A Mageau Legal LexiconBy Will Collette
If former Town Council President Jim Mageau really intends on making a full return to public life after having his ass kicked in the last two elections, we’re all going to need to do some homework.
I believe Jim Mageau holds the Charlestown
For a guy who hasn’t paid the town one nickel in taxes for over ten years, he loves to run up the town’s legal tab – and then he portrays himself as a hero for doing it, and the town as the villain for forcing him do it.
This will come in handy in a number of circumstances. For example, Mageau draws no distinction between an administrative complaint and a lawsuit. To Mageau, having a charge filled against you is the same thing as being found responsible (under civil law) or guilty (under criminal law). Except when it applies to him (e.g. his recent assault trial).
Mageau believes that if he can find something written in the public record – even if he wrote it or put it there himself – that’s proof for whatever point he is trying to make.
And when in doubt, just say “Mageau v. Anderson.”
About Mageau’s frequent use of lawsuit threats, see the definitions for “frivolous lawsuits,” “SLAPP”, “vexatious litigation” and “extortion.”
Here are some other legal definitions for every Charlestown
Administrative Law
Law regulating the powers, procedures, and acts of public administration. It applies to all public officials and public agencies. As distinguished from legislative and judicial authority, administrative authority entails the power to issue rules and regulations based on statutes, grant licenses and permits to facilitate the conduct of government business, initiate investigations of and provide remedies for complaints or problems, and issue orders directing parties to conform to governing statutes or rules.
Defamation
Defamation—also called calumny, vilification, traducement, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).[1]
Extortion
Extortion (also called shakedown, outwresting, and exaction) is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime groups. …. Neither extortion nor blackmail require a threat of a criminal act, such as violence, merely a threat used to elicit actions, money, or property from the object of the extortion. Such threats include the filing of reports (true or not) of criminal behavior to the police, revelation of damaging facts (such as pictures of the object of the extortion in a compromising position)
Fact
An actual thing or happening, which must be proved at trial by presentation of evidence and which is evaluated by the finder of fact (a jury in a jury trial, or by the judge if he/she sits without a jury).
False light laws are "intended primarily to protect the plaintiff's mental or emotional well-being."[5] If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.[5]
Frivolous litigation
Frivolous litigation is the practice of starting or carrying on law suits that, due to their lack of legal merit, have little to no chance of being won. The term does not include cases that may be lost due to other matters not related to legal merit. While colloquially, a person may term a law suit to be frivolous if he or she personally finds a claim to be absurd, in legal usage "frivolous litigation" consists of a claim or defense that is presented where the party (or the party's legal counsel) had reason to know that the claim or defense was manifestly insufficient or futile
Judgment Proof.
The term judgment proof is most commonly used in tort law contexts to refer to defendants or potential defendants who are financially insolvent. Even if a plaintiff were to secure a legal judgment against an insolvent defendant, the defendant's lack of funds would make the satisfaction of that judgment difficult, if not impossible, to secure. In such cases plaintiffs might move for wage garnishment based on the judgment. However, if the debtor is retired or collecting social security or other social welfare this is not possible.
Lawsuit
A lawsuit or (less commonly) "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment will be given in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. Although not as common, lawsuit may also refer to a criminal action, criminal proceeding, or criminal claim.
Libel
Libel means to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others
Malice
Malice is a conscious, intentional wrongdoing either of a civil wrong like libel (false written statement about another) or a criminal act like assault or murder, with the intention of doing harm to the victim. This intention includes ill-will, hatred or total disregard for the other's well-being. Often the mean nature of the act itself implies malice, without the party saying "I did it because I was mad at him, and I hated him," which would be express malice. Malice is an element in first degree murder. In a lawsuit for defamation (libel and slander) the existence of malice may increase the judgment to include general damages. Proof of malice is absolutely necessary for a "public figure" to win a lawsuit for defamation.
Pauperis
In forma pauperis (IFP or i.f.p.) is a Latin legal term meaning "in the character or manner of a pauper".[1] In the United States, the IFP designation is given by both state and federal courts to someone who is without the funds to pursue the normal costs of a lawsuit or a criminal defense.[1] The status is usually granted by a judge without a hearing, and it entitles the person to a waiver of normal costs, and sometimes in criminal cases the appointment of counsel. While court-imposed costs such as filing fees are waived, the litigant is still responsible for other costs incurred in bringing the action such as deposition and witness fees.
Pro Bono
Pro bono publico (English: for the public good; usually shortened to pro bono) is a Latin phrase generally used to describe professional work undertaken voluntarily and without payment or at a reduced fee as a public service. It is common in the legal profession and is increasingly seen in marketing, technology, and strategy consulting firms. Pro bono service, unlike traditional volunteerism, uses the specific skills of professionals to provide services to those who are unable to afford them.
Proof
Factual evidence that helps to establish that an event occurred or a statement is true. When someone is accused of a crime, the government must prove every element, or aspect, of the crime, such as who physically committed the act and whether that person did so with the intent to commit the crime. Unless all elements of the charged crime are proved, the prosecution will not prevail. In civil cases, too, the plaintiff must prove every aspect of the complaint. (See also: burden of proof)
Public figure
In the law of defamation (libel and slander), a public figure is a personage of great public interest or familiarity like a government official, politician, celebrity, business leader, movie star or sports hero. Incorrect harmful statements published about a public figure cannot be the basis of a lawsuit for defamation unless there is proof that the writer or publisher intentionally defamed the person with malice (hate).
Public record
Public records are any information, minutes, files, accounts or other records which a governmental body is required to maintain and which must be accessible to scrutiny by the public. This includes the files of most legal actions. A court will take "judicial notice" of a public record (including hearsay in the record) introduced as evidence. For example: a recorded deed to show transfer of title or a criminal judgment are both public records.
Slander
Slander is oral defamation, in which someone tells one or more persons an untruth about another, which untruth will harm the reputation of the person defamed.
A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
Vexatious litigation
Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.
Sources: http://dictionary.law.com/ at Law.com, http://legal-dictionary.thefreedictionary.com/, http://www.nolo.com/dictionary/ and Wikipedia
