The Suit: Legal Reasoning 101 (Part 2)

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I thought I had better finish my look at Helena’s most entertaining lawsuit this evening.  Part of the reason I stopped today was that I honestly couldn’t understand a single paragraph of the second half of the document. Six hours later, I still can’t, but I’ve decided that’s probably not my fault.

The earlier sections of the complaint, while characterized by boilerplate right-wing grievance syndrome, were understandable. As we move deeper into this masterful work of fiction, the tale becomes much more complex. Consider this section, headed by the delightfully ironic reference to the Montana Constitution’s prohibition against state agencies funding religious institutions:

Kristi has made attempts as late as the August 10, 2010 District Board meeting to acquire an economic analysis of the development and production of the health enhancement curriculum brought forward by the district. None of this information has been made available, again rendering question as to the source of funding. All funding and the sources of the funding of the school curriculum must be disclosed under law.Without such, Kristi claims the findings of facts once again violate her rights under these provisions of the law. With federal funding being used in the education programs in Montana it is furthermore important to have access to the sources of that funding as a right to know by the people of Montana.

Kristi again on August 18th requested the District to provide for an opportunity to address the Board of Trustees at their next meeting. (See Attached Exhibit D) Insuring the District is aware of all the facts prior to adoption of the District Health Enhancement Curriculum is the root of the complaint and without such, finding of facts is shortchanged. At time of the filing, the District has failed to respond to the request to address the meeting on this matter.

As  Cowgirl notes, Allen-Gailushas would seem to have no problem with the state promoting a religious view, as long as it was her bigoted one.

My apologies for the length of this excerpt, but one truly has to read a full section to get a sense of absurdity of this document. I’m not an economist or a scholar of the law like lawn chair patriots in the Tea Party, but I would guess that the funding for health curriculum can only come from one source: the Communist-Islamofascist-Progressives. And George Soros.

Or maybe, just maybe, the district intends to pay for the health curriculum out of ITS PUBLICALLY AVAILABLE BUDGET, the one that Allen-Gailushas hasn’t bothered to pay much attention to.

I will send $50 to the Tea Party if one of them can explain what the subject or even topic of this sentence is.

Ultimately, under the Montana Constitution Article X Section 8 , vests the supervision and control of the schools in each school district with the Board of Trustees that are under oath as elected officials as provided by law.

I might sue someone for giving me a headache after reading this:

The law provides the citizens of the state of Montana a means of checks and balances. Without such, we the people have no way to insure the interests of the people are protected. The legal system provides for a process to administer all levels of government and the people a way to insure the actions of the District and OPI do not infringe on the basic rights of the people. It is here that Kristi rests her faith in the separation of powers and the court to grant immediate relief to Kristi.

Okay, or this. I mean, this has to be a joke, right?

It is in the heart of due process whereas the District must afford Kristi and other citizens of Montana a right to discover and disseminate the information and to process documents used in the development of the health curriculum by the District which has refused to allow.

The mind boggles. Conservatives scream about frivolous lawsuits, but can’t bother to proofread lawsuits that will cost taxpayers money and students educational resources. I think it’s wonderful for parents to get involved in the educational system and to fight for the rights of their children; they just need to make some damn sense when they do it.

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About the author

Don Pogreba

Don Pogreba is an eighteen-year teacher of English, former debate coach, and loyal, if often sad, fan of the San Diego Padres and Portland Timbers. He spends far too many hours of his life working at school and on his small business, Big Sky Debate.

His work has appeared in Politico and Rewire.

In the past few years, travel has become a priority, whether it's a road trip to some little town in Montana or a museum of culture in Ísafjörður, Iceland.

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Ed Kemmick
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Ed Kemmick

I think I've figured out what's going on. Kristi obviously wrote the lawsuit in a foreign language and then ran it through one of those Internet translator things. She obviously chose an inferior website. We should withhold judgment until we get a chance to read a competent translation of the original suit.

Elida
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Matt Singer
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Kristi may have a fair lawsuit regarding education in this state, but it would be over the state's failure to provide her with a quality education, I would think.

Wow.

Montana Cowgirl
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So funny. Thanks for the analysis and the link.

Amber
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Always refreshing to hear a rational asnwer.

Tessica
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Super exitced to see more of this kind of stuff online.

Larry Kralj
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Larry Kralj

That's funny, Ed.

Adam
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Adam

Sweet tap-dancing Jesus…its ensure, not insure. I'm sure her legal reasoning is crap, but its the grammar that's getting to me.

Minnesota Business A
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I absolutely love the theme of your web pages. Did you create this web page theme yourself? It's perfect for this kind of site! Nice job!

Titia
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Good to see a teanlt at work. I can’t match that.

Kaedn
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It’s always a pleasure to hear from smoenoe with expertise.

Spike
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Always the best cotnnet from these prodigious writers.

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