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  1. Mr_Clean is offline

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    Posted On:
    9/04/2002 5:23pm


     

    --
    Hell yeah! Hell no!
    Was reading an article on insurance for dojo owners and it made me stop and think (rare thing I do). Does being trained in M.A. make your more susceptible to litigation if you are involved in an altercation? I was also curious if anyone has had personal experience where they were taken to task by a plaintiff/lawyer and what was the general consensus regarding your M.A. training? Did it hurt your case?
  2. Michael

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    Posted On:
    9/04/2002 5:39pm


     

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    Hell yeah! Hell no!
    About 9 years ago the fact I knew martial arts and had to defend myself was brought up in a criminal case. At first it was used against me and then it helped because in this instance we showed what I could've done vs what was done, the person in question wasn't hurt at all, and it was dismissed (DA decided not to pursue do to lack of evidence)
  3. marty_farty is offline

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    Posted On:
    9/04/2002 6:39pm


     

    --
    Hell yeah! Hell no!
    mr clean you should take CDT!
  4. Mr_Clean is offline

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    Posted On:
    9/04/2002 6:49pm


     

    --
    Hell yeah! Hell no!
    mr clean you should take CDT!

    Not! Read that article also. But wait...will I get one of those cool red & black shirts also? Please tell me I get to wear combat boots with my Dockers also...please, please, pretty please!
  5. Miguksaram is offline
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    Posted On:
    9/05/2002 5:12pm

    supporting member
     Style: Shorei-ryu & Kumdo & TKD

    --
    Hell yeah! Hell no!
    Believe it or not if you are in an altercation and you do not tell the attacker that you know martial arts, you could be charged with assault with a concealed weapon.

    Even if you were the attended victim and you defend and stop the attacker, you could be sued and so could your school that taught you. My old instructor had this incident happen. The incident was when a teenager was being attacked by another teenager who, from what others have said, was the school bully. The student did win and ended up breaking a rib of the bully. The mother of the bully had the other kid arrested on assault charges, then sued him and our school for teaching him.

    Luckily we had other kids come up to say that the bully instigated the altercation AND, this is the catcher, the student tried several times to avoid the fight, warned the bully that he knew martial arts (which our instructor told us to do when we knew it was going to end up in a fight) and was forced to defend himself.

    America....land of the law suit.

    Jeremy M. Talbott
    http://www.homestead.com/koreanma/index.html
    http://www.geocities.com/jns1994/MSA.html
    Jeremy M. Talbott

    Quote Originally Posted by Phrost
    "Bullshido isn't just a place to hang out when you're browsing the net. We really are trying to accomplish something fucking extraordinary here that nobody's ever had the balls to do before."
    Quote Originally Posted by D.Murray
    "Which is better, to learn the truth, or to enjoy the illusion of being right when you are not?"
    Quote Originally Posted by hangooknamja88 View Post
    My definition of Ki is our energy. it's rather hard to explain it in words. It's not some mystical type of energy like white people...


    SUPPORT BULLSHIDO!
  6. Mr_Clean is offline

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    Posted On:
    9/05/2002 5:35pm


     

    --
    Hell yeah! Hell no!
    As crazy as it sounds I can actually believe this.....especially here where I live in California. A majority of Californians aren't real big on common sense. They rely on fate, dumb luck, natural selection and lastly the courts and lawyers to handle their lives and deal with their lack of common sense when natural selection doesn't do them in.

    Beware the master of To-fu!
  7. Miguksaram is offline
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    Posted On:
    9/06/2002 9:17am

    supporting member
     Style: Shorei-ryu & Kumdo & TKD

    --
    Hell yeah! Hell no!
    I guess the real question is where does self defense stop and assault begin?

    Jeremy M. Talbott
    http://www.homestead.com/koreanma/index.html
    http://www.geocities.com/jns1994/MSA.html
    Jeremy M. Talbott

    Quote Originally Posted by Phrost
    "Bullshido isn't just a place to hang out when you're browsing the net. We really are trying to accomplish something fucking extraordinary here that nobody's ever had the balls to do before."
    Quote Originally Posted by D.Murray
    "Which is better, to learn the truth, or to enjoy the illusion of being right when you are not?"
    Quote Originally Posted by hangooknamja88 View Post
    My definition of Ki is our energy. it's rather hard to explain it in words. It's not some mystical type of energy like white people...


    SUPPORT BULLSHIDO!
  8. Gezere is offline
    Gezere's Avatar

    My guns bigger than Scrapper's!

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    Posted On:
    9/06/2002 1:10pm

    supporting member
     Style: Kakutogi

    --
    Hell yeah! Hell no!
    >Believe it or not if you are in an altercation and you do not tell the attacker that you know martial arts, you could be charged with assault with a concealed weapon.


    This is not really true, at least not in any state I lived in.

    The pple will take note of your MA skill but it doesn't really mean much in a criminal proceding.

    The only real thing you have to worry about is crossing the line form self defense to assualt. It's a thin line, trust me.



    Xiao Ao Jiang Hu Zhi Dong Fang Bu Bai (Laughing Proud Warrior Invinsible Asia) Emporer of Baji!!! THE FIRST LINE OF DEFENSE AGAINST THE UNITED AUSSIE FRONT!!
    ______
    Xiao Ao Jiang Hu Zhi Dong Fang Bu Bai (Laughing Proud Warrior Invincible Asia) Dark Emperor of Baji!!!

    RIP SOLDIER

    Didn't anyone ever tell him a fat man could never be a ninja
    -Gene, GODHAND

    You can't practice Judo just to win a Judo Match! You practice so that no matter what happens, you can win using Judo!
    The key to fighting two men at once is to be much tougher than both of them.
    -Daniel Tosh
  9. Miguksaram is offline
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    Posted On:
    9/06/2002 2:05pm

    supporting member
     Style: Shorei-ryu & Kumdo & TKD

    --
    Hell yeah! Hell no!
    I will check our state law again, but I believe in Illinois it holds true. Then again I am going off of what my old instructor told me so I could be wrong.

    Jeremy M. Talbott
    http://www.homestead.com/koreanma/index.html
    http://www.geocities.com/jns1994/MSA.html
    Jeremy M. Talbott

    Quote Originally Posted by Phrost
    "Bullshido isn't just a place to hang out when you're browsing the net. We really are trying to accomplish something fucking extraordinary here that nobody's ever had the balls to do before."
    Quote Originally Posted by D.Murray
    "Which is better, to learn the truth, or to enjoy the illusion of being right when you are not?"
    Quote Originally Posted by hangooknamja88 View Post
    My definition of Ki is our energy. it's rather hard to explain it in words. It's not some mystical type of energy like white people...


    SUPPORT BULLSHIDO!
  10. Gezere is offline
    Gezere's Avatar

    My guns bigger than Scrapper's!

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    Posted On:
    9/07/2002 3:42am

    supporting member
     Style: Kakutogi

    --
    Hell yeah! Hell no!
    This was taken of another site. The person who posted it IS a lawyer and a MA. I hope he doesn't mind me using it.

    "Judges aren't typically going to react to martial arts training in any way other than the case-law bears out what sort of treatment martial arts training should receive...

    Self-defense is self-defense as far as the law is concerned. It generally does not matter whether the person defending themselves is trained or not, except that it may create the implication that the defender MEANT to do as much damage as they actually inflict. Of course, this varies from state to state."

    And as for registering as a "Deadly Weapon" he had this to say,
    "Requiring registration would violate 1st Amendment rights of free association and freedom of speech here in the USA.

    In most instances, in common law jurisdications, self-defense law is a common law right which is an affirmative defense to a battery charge. In some cases the right has been codified into statute"

    Xiao Ao Jiang Hu Zhi Dong Fang Bu Bai (Laughing Proud Warrior Invinsible Asia) Emporer of Baji!!! THE FIRST LINE OF DEFENSE AGAINST THE UNITED AUSSIE FRONT!!
    ______
    Xiao Ao Jiang Hu Zhi Dong Fang Bu Bai (Laughing Proud Warrior Invincible Asia) Dark Emperor of Baji!!!

    RIP SOLDIER

    Didn't anyone ever tell him a fat man could never be a ninja
    -Gene, GODHAND

    You can't practice Judo just to win a Judo Match! You practice so that no matter what happens, you can win using Judo!
    The key to fighting two men at once is to be much tougher than both of them.
    -Daniel Tosh
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