My question involves defamation in the state of: Rhode Island
I had recently decided to fight several no seat belt tickets.
Upon looking over all the paperwork. I noticed the ticket, was also the complaint. I started to investigate and discovered, that a complaint or cause of action, has to have specific elements, or it can be dismissed, upon motion by the defense for failure to state claim.
These elements in negligence are.
Duty
Breach
Proximate cause
Remedy
The ticket has 3, and is lacking Proximate cause.
In the law, a proximate cause is an event sufficiently related to a legally recognizable injury to be held the cause of that injury. ~~~From Wiki
So, I asked the officer.
Did you file a valid cause of action?
He didn't know the answer, the judge said you mean complaint, I said yes, cause of action or a complaint.
The officer said Yes.
I said what are the elements in your valid cause of action?
You can imagine the nonsense that erupted!!!
And get this...no one knew what the hell I was talking about..I HAD TO TELL THEM!!
So anyway, he babbled off, what he thought were the elements, total nonsense.
By saying he filled out a valid complaint or cause of action, and then not knowing what the heck it was,,is that not perjury?
Thanks
Rob

