Couldn't Leo plead the 5th

[Maroon Wizardry]

and force RR to prove beyond a reasonable doubt that he was intentionally try to damage the company?

[PassInterference]

The 5th only exists in criminal trials.

[Tbonewannabe]

and force RR to prove beyond a reasonable doubt that he was intentionally try to damage the company?

They already have to prove that Leo lied. It isn't like in a court of law where they are innocent until proven guilty. It also helps that Leo didn't say anything publicly and it was somehow leaked at the same time as he was bringing a lawsuit. UNM is getting desperate and it doesn't take much common sense to figure out what they are doing.

[Really Clark?]

and force RR to prove beyond a reasonable doubt that he was intentionally try to damage the company?

You can't in a civil case, only criminal cases. And pleading the 5th is for protecting yourself against self incrimination it doesn't let you refuse to testify in a matter.

[Leeshouldveflanked]

Can't plead 5th in Civil lawsuits.... but why would he want to?

[Johnson85]

Somebody needs to insert a gif of the old lady in the Esurance or whatever commercial saying "that's not how this works. That's not how any of this works."

ETA: Yes, even in a civil trial/deposition, he could plead the 5th to avoid self-incrimination in a criminal matter. But in a civil trial, it is permissible for a finder of fact to make assumptions/inferences from the fact that you plead the 5th. If a criminal trial then took place with respect to whatever subject matter the 5th was plead, pleading the 5th cannot be used to create an assumption/inference of guilt.

[lamont]

All Leo has to do is to tell them the truth about Rags giving him shit. Dont fall for any lawyer BS- just keep saying he gave you shit. And bring into court what he gave you

End of story

[Mimi's Babies]

Interesting that Paulllllllllll was in Oxfart..... (Finebaum)

He is answering ? on show today.....

Paul's saying that maybe at least another bowl ban and penalties directed at Freeze.. I nearly fell out of my chair.... when Paul answered....
Paul thinks the penalties are going to be sever..... haha Is his preconception..... changing..... #HAILSTATE .....

[I seen it dawg]

Unreal. Wtf people?

[Bamasgot13]

Can't plead 5th in Civil lawsuits.... but why would he want to?

actually, you can plead the 5th in a civil case. however, you are right. why would he want to? based on how the lawsuit is filed the burden of proof is on the plaintiff, not the defendant. Leo needs to just stay the course and keep the core of his story consistent and he'll be fine

(of course, all that said, I doubt very seriously this case progresses much at all for a myriad of reasons which I laid out here in a previous post for anyone curious).

[FISHDAWG]

You can't in a civil case, only criminal cases. And pleading the 5th is for protecting yourself against self incrimination it doesn't let you refuse to testify in a matter.

that's what I always thought until the IRS chick went before a sub committee and claimed it - and that was only an investigative inquiry ... Can't remember if it was for criminal intent or what but she never went to trial

[Commercecomet24]

All Leo has to do is to tell them the truth about Rags giving him shit. Dont fall for any lawyer BS- just keep saying he gave you shit. And bring into court what he gave you

End of story

Exactly! Tell the truth and keep it simple!

[msbulldog]

Somebody needs to insert a gif of the old lady in the Esurance or whatever commercial saying "that's not how this works. That's not how any of this works."

ETA: Yes, even in a civil trial/deposition, he could plead the 5th to avoid self-incrimination in a criminal matter. But in a civil trial, it is permissible for a finder of fact to make assumptions/inferences from the fact that you plead the 5th. If a criminal trial then took place with respect to whatever subject matter the 5th was plead, pleading the 5th cannot be used to create an assumption/inference of guilt.

Damn Johnson, I hope your a Lawyer (maybe Mississippi College) who did their undergrad at MSU, excellent post. Rep given +1

[Really Clark?]

that's what I always thought until the IRS chick went before a sub committee and claimed it - and that was only an investigative inquiry ... Can't remember if it was for criminal intent or what but she never went to trial

Well that is true. You can in that case so you don't incriminate yourself from later prosecution that arises from a civil case. I think you can even after you have given testimony or deposition; in that just those acts doesn't wave your rights to plead the 5th later. But just pleading the fifth to abstain from giving testimony can't be done.

[msbulldog]

that's what I always thought until the IRS chick went before a sub committee and claimed it - and that was only an investigative inquiry ... Can't remember if it was for criminal intent or what but she never went to trial

That would be Lois Learner, she was involved with persecution of Christian organizations delaying or denying their status of non profit status. She retired shortly after her congressional testimony (drawing a serious pension). She was not prosecuted because nobody pushed it.

[RocketDawg]

That would be Lois Learner, she was involved with persecution of Christian organizations delaying or denying their status of non profit status. She retired shortly after her congressional testimony (drawing a serious pension). She was not prosecuted because nobody pushed it.

Because of the administration and justice department at the time. Was what she did criminal? Not sure. But it was certainly unethical.

[msbulldog]

This lawsuit is misdirected, the defendants made their statements in private interviews. The NCAA published these charges in their NOA (I am still not convinced that students names are not redacted in any copies of the NOA). Prima facia based on the first impression; accepted as correct until proved otherwise says this lawsuit should be tossed for a variety of reasons.

[msbulldog]

This lawsuit is misdirected, the defendants made their statements in private interviews. The NCAA published these charges in their NOA (I am still not convinced that students names are not redacted in any copies of the NOA). Prima facia based on the first impression; accepted as correct until proved otherwise says this lawsuit should be tossed for a variety of reasons.

I guess what I'm saying is Rebel Rags should be suing the NCAA not the student athletes.

[Dawgowar]

Zzzzzzzzzzzzzzzzzzzzzzzz. For Pete sake, why is this even a discussion?

[RocketDawg]

This lawsuit is misdirected, the defendants made their statements in private interviews. The NCAA published these charges in their NOA (I am still not convinced that students names are not redacted in any copies of the NOA). Prima facia based on the first impression; accepted as correct until proved otherwise says this lawsuit should be tossed for a variety of reasons.

Are the students' names supposedly redacted from the notification sent to the offending university? Even if it's Ole Miss :), I would think that they should be able to know who their accusers are. I know it's not a legal matter, but you'd think that would be the case nevertheless.

[confucius say]

and force RR to prove beyond a reasonable doubt that he was intentionally try to damage the company?

Good gosh. Troll? I mean you even changed the standard of proof to that used in a criminal matter (beyond a reasonable doubt). Yes, he can plead the fifth if answering the given question would implicate him in a criminal matter. Otherwise, no.

[sandwolf]

Are the students' names supposedly redacted from the notification sent to the offending university? Even if it's Ole Miss :), I would think that they should be able to know who their accusers are. I know it's not a legal matter, but you'd think that would be the case nevertheless.No, it's not redacted from the notice that is sent to the university.....the question is whether or not it is redacted from the notices that are sent to interested third parties (such as boosters and former coaches that are named in the NOA).