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April 21, 2017 06:53 AM UTC

Friday Open Thread

  • 9 Comments
  • by: Colorado Pols

“People like me sound like a lot of big cannons.”

–Mao Zedong

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9 thoughts on “Friday Open Thread

      1. I am familiar with the term.  Apparently you are not.  So let me help you.  There are some nuances among the various states, but this works for Colorado:

        Fraud is a civil cause of action arising where one party creates a false impression that another party relies upon, and as a result of that reliance, suffers an injury.  A fraud can be either active or passive.  That is to say, a claim of fraud can be based on a false representation of a material fact, or the concealment or nondisclosure of a material fact.

                        Where the fraud is based on a party actively making a false representation, the party asserting the claim of fraud must first show there was a false representation of an existing fact.  The representation can be spoken or written words; it can be conduct, or a combination of both.  Either way, the false representation must create an untrue or misleading impression of past or present fact in the mind of another. 

        Once the false representation is established, the plaintiff must demonstrate that the fact that is the subject of the false representation is a material fact.  A material fact is one that a reasonable person would attach importance to in determining a course of action.  Not only must there be a false representation as to a material fact, but the party making that representation must have known it was false at the time that they made it.  It is however sufficient that the party making the representation was aware that they did not know whether the representation was true or false at the time that they made it.

  1. In his first significant vote, Neil Gorsuch cast tie-breaking 5th vote allowing Arkansas to execute murderer Ledell Lee.  While no one should be celebrating, Gorsuch can take pride in doing his duty, unlike those who have tried to straddle this issue: I.e. Both Ways Hickenlooper.

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