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Providing evidence of agreements

#21 User is offline   JanM 

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Posted 2009-December-09, 20:34

blackshoe, on Dec 8 2009, 08:04 AM, said:

kenrexford, on Dec 8 2009, 09:44 AM, said:

I think the ACBL should consider that this option makes a lot of sense and facilitate it through having internet access at tournaments.

That's a good idea, Ken! Now ask your BoD rep to present it to the board. B)

the existing regulation does not, afaics, preclude tournament officials from having electronic devices in the playing area, only players. Give 'em all an iPod. :D

An iPod wouldn't be good enough, since there's rarely internet access in playing rooms (if you think what hotels charge for in-room wireless access is expensive, you should see what they charge for meeting room access, it's usually about $400 a day). But an iPhone...

Seriously, the TDs mostly have radio intercoms and the press room has internet access.
Jan Martel, who should probably state that she is not speaking on behalf of the USBF, the ACBL, the WBF Systems Committee, or any member of any Systems Committee or Laws Commission.
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#22 User is offline   blackshoe 

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Posted 2009-December-09, 23:48

nige1, on Dec 9 2009, 09:01 PM, said:

Rulings shouldn't be based purely on self-serving statements for the reasons elucidated by dan_ehh.

Rulings should be based on the available evidence. In the unlikely event that a self-serving statement is all you have, that's what you use. In the much more like event that you have more evidence, you weigh it all and make a judgment call.

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Many players believe that rules should rely as little as possible on director judgement in an attempt to achieve some consistency and the appearance of fairness.


Why do I suspect that these many players are all named Nigel? B)
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#23 User is offline   bluejak 

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  Posted 2009-December-10, 04:19

dan_ehh, on Dec 8 2009, 11:43 PM, said:

blackshoe, on Dec 8 2009, 06:17 PM, said:

helene_t, on Dec 8 2009, 04:53 AM, said:

Don't the laws say that unless there is evidence to the contrary, the TD must assume misinformation rather than misbid? Or is it a local (Dutch) regulation?

Law 21B1{b} said:

the director is to presume mistaken explanation rather than mistaken call in the absence of evidence to the contrary.
The problem with this is that there is almost always some evidence to the contrary (i.e., that it was not a mistaken explanation). Even a self-serving statement {"we play this pass as forcing") is evidence.

I do not think the lawmaker intended to include verbal statements by the players as evidence for the purposes of this law.

Why not? It is evidence.

Anyway, the rulings of TDs around the world show they do not agree with you, and the WBFLC has not said so either.
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#24 User is offline   dan_ehh 

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Posted 2009-December-10, 04:33

bluejak, on Dec 10 2009, 01:19 PM, said:

dan_ehh, on Dec 8 2009, 11:43 PM, said:

blackshoe, on Dec 8 2009, 06:17 PM, said:

helene_t, on Dec 8 2009, 04:53 AM, said:

Don't the laws say that unless there is evidence to the contrary, the TD must assume misinformation rather than misbid? Or is it a local (Dutch) regulation?

Law 21B1{b} said:

the director is to presume mistaken explanation rather than mistaken call in the absence of evidence to the contrary.
The problem with this is that there is almost always some evidence to the contrary (i.e., that it was not a mistaken explanation). Even a self-serving statement {"we play this pass as forcing") is evidence.

I do not think the lawmaker intended to include verbal statements by the players as evidence for the purposes of this law.

Why not? It is evidence.

Anyway, the rulings of TDs around the world show they do not agree with you, and the WBFLC has not said so either.

The answer to "why not" has already been illustrated by me. Thank you Josh for taking the words out of my mouth (keyboard?).
Ah, no, no. My name is spelt 'Luxury Yacht' but it's pronounced 'Throatwobbler Mangrove'.
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#25 User is offline   bluejak 

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  Posted 2009-December-10, 04:47

dan_ehh, on Dec 9 2009, 11:22 AM, said:

It is a well known rule of interpretation that if one interpretation makes the law completely meaningless, and the other one makes it have an effect, you should choose the latter.
The lawmaker is presumed not to make useless laws. He is not wasting his breathe (ink, if you like) for no reason.

That is an interesting statement, with no apparent connection with the problem stated. The Law works perfectly well with non-written evidence.

jdonn, on Dec 9 2009, 10:02 PM, said:

blackshoe, on Dec 9 2009, 03:14 PM, said:

In what way does considering a player's verbal statement as evidence make the law completely meaningless? Or useless?

It would make the statement "in the absence of evidence to the contrary" (to the contrary of mistaken explanation rather than mistaken call) meaningless since there would always be evidence to the contrary.

That may be true in one way. But since this Law is always assumed to mean "adequate evidence" or "compelling evidence" then it makes perfect sense and is a usable Law.

Perhaps this is the problem. We have a simple, workable Law. There seems an effort in this thread to change it into an unworkable Law and then say we should not rule the way people do. It seems an unnecessary and unhelpful approach.
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#26 User is offline   dan_ehh 

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Posted 2009-December-10, 05:27

bluejak, on Dec 10 2009, 01:47 PM, said:

jdonn, on Dec 9 2009, 10:02 PM, said:

blackshoe, on Dec 9 2009, 03:14 PM, said:

In what way does considering a player's verbal statement as evidence make the law completely meaningless? Or useless?

It would make the statement "in the absence of evidence to the contrary" (to the contrary of mistaken explanation rather than mistaken call) meaningless since there would always be evidence to the contrary.

That may be true in one way. But since this Law is always assumed to mean "adequate evidence" or "compelling evidence" then it makes perfect sense and is a usable Law.

Perhaps this is the problem. We have a simple, workable Law. There seems an effort in this thread to change it into an unworkable Law and then say we should not rule the way people do. It seems an unnecessary and unhelpful approach.

The law says "evidence". It does not say "adequate evidence" or "compelling edvidence".
If, when ruling based on this law, you treat the text as though it says something different, you are interpreting the law.
You are basically agreeing with me.

Unless you are saying that a player's self serving statement can be considered compelling evidence, in which case we are back to square one.
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#27 User is offline   nige1 

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Posted 2009-December-10, 05:56

nige1, on Dec 9 2009, 09:01 PM, said:

Many players believe that rules should rely as little as possible on director judgement in an attempt to achieve some consistency and the appearance of fairness.

blackshoe, on Dec 10 2009, 12:48 AM, said:

Why do I suspect that these many players are all named Nigel? :D
:) Tee hee :) Why do we suspect that advocates of reliance on director judgement are mostly directors? :)
If law-makers were seriously interested in the views of ordinary players, they could conduct polls rather than just consult top directors and NBO administrators.
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#28 User is offline   bluejak 

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  Posted 2009-December-10, 06:28

dan_ehh, on Dec 10 2009, 12:27 PM, said:

The law says "evidence". It does not say "adequate evidence" or "compelling evidence".
If, when ruling based on this law, you treat the text as though it says something different, you are interpreting the law.
You are basically agreeing with me.

Unless you are saying that a player's self serving statement can be considered compelling evidence, in which case we are back to square one.

Nearly correct: someone is interpreting the Law. And I do not see why we need to disturb that interpretation.

As to what is compelling evidence, sometimes a single self-serving statement will be compelling evidence, sometimes it will not. It is a matter of judgement.
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#29 User is offline   blackshoe 

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Posted 2009-December-10, 09:03

dan_ehh, on Dec 10 2009, 06:27 AM, said:

The law says "evidence". It does not say "adequate evidence" or "compelling edvidence".
If, when ruling based on this law, you treat the text as though it says something different, you are interpreting the law.
You are basically agreeing with me.

Unless you are saying that a player's self serving statement can be considered compelling evidence, in which case we are back to square one.

Law 85A1 said:

in determining the facts, the director shall base his view on the balance of probabilities, which is to say in accordance with the weight of the evidence he is able to collect.


That Law 75 does not qualify "evidence" is irrelevant. The Law is a body, and all of it applies.
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#30 User is offline   dan_ehh 

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Posted 2009-December-10, 09:50

bluejak, on Dec 10 2009, 03:28 PM, said:

As to what is compelling evidence, sometimes a single self-serving statement will be compelling evidence, sometimes it will not.  It is a matter of judgement.

This is where all parts of the thread interject. (Well, except for the iPod business)

jdonn said:

Why should an opponent be penalized because you (generic you, not you in particular) lie to the director and he takes your word for it?

nige1 said:

Many players believe that rules should rely as little as possible on director judgement in an attempt to achieve some consistency and the appearance of fairness.

I will not quote myself, but I think verbal statements are very problematic, because when one actually believes one's statement to be true, one will sound truthful and the director is more likely to believe it.
And of course we have the problem of those who actually do lie. Sometimes very skillfully.

Words are cheap. Anyone can say what they want, and their lies can never be proven to be lies.

A directive which says verbal statements are not to be considered as evidence in such cases (misbid vs. misinformation) will be good for various reasons:
1. It will annul the discrimination between those who have rhetorical skills and those who lack them.
2. It will make it very hard for liars and cheaters to "get away with it".
3. It will make the ruling less dependent on "what the director ate for breakfast". As we all know, directors are not always the best players, and the director's judgment may sometimes be flawed. Being able to use judgment is important, but so is consistency. Bridge is not a science and so judgment can go many ways according to which director you get. Having a solid rule in place will eliminate most of these occurrences. I do not think the aforementioned Dutch rule is a very good one, but I am sure it can be improved upon.


cardsharp said:

Forcing passes are a particular problem as they are rarely included on even the most complete convention card.

I think the biggest problem with forcing passes is that they are contrary to the basic mechanics of the game.
When someone passes, the pass usually means "I have nothing to add at this time". When someone passes out of tempo, the pass says as above, but the UI given by the BIT says the exact opposite.
If the players wish to employ the forcing pass method, I think it makes sense to require them to have written proof that they actually do play this method. They may not have discussed the specific auction, but they should at least have a general agreement regarding when a pass is forcing.
If not, anyone can pass out of tempo and later claim it was forcing.
Furthermore, I do not think it is a "big deal" to require them to do so. A few lines in the system card should suffice.

blackshoe, on Dec 10 2009, 06:03 PM, said:

Law 85A1 said:

in determining the facts, the director shall base his view on the balance of probabilities, which is to say in accordance with the weight of the evidence he is able to collect.

That Law 75 does not qualify "evidence" is irrelevant. The Law is a body, and all of it applies.

This is why I am discussing the issue here. This forum is about changes to the laws, is it not?
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#31 User is offline   jdonn 

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Posted 2009-December-10, 10:50

I have no inherent problem with interpreting a law slightly against either the precise wording or in a way that renders the way it is written illogical (in the sense that a statement wouldn't need to be there.) That is as long as the interpretation is both well known and applied consistently, as I believe this one is.

But in such a case let's at least be clear that that's what we are doing, and that the written wording of the law could probably use some tweaking.

In this specific case I frankly think Dan makes the most compelling arguments, but I also don't care about the issue much.
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#32 User is offline   bluejak 

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  Posted 2009-December-10, 11:50

dan_ehh, on Dec 10 2009, 04:50 PM, said:

Words are cheap. Anyone can say what they want, and their lies can never be proven to be lies.

I do not really see the relevance of this, but it is definitely not true. People who lie usually get known for it and treated differently. The one thing that does not generally happen is that someone lies once. It is a state of mind whether lying matters.

Foe example, in many situations I will not lie. This is to protect my integrity to myself because I do not believe that talk is cheap. I know some people who will lie at any time. I also know some who do not. Naturally, I trust the latter far more than the former.

While a single self-serving statement is very very rarely the only evidence available, the whole idea of taking the TD judgement away seems unnecessary, and will provide such a major change to the whole game, and why? As far as I can see because the people suggesting it have no faith in TDs and are looking for some sort of utopia, which as always with such hopes will only cause lots and lots of other problems.

In general a TD has various evidence to use. He weighs it, considers, consults and concludes. It is a good, workable method with a high success rate. We have an appeals process to make sure we do not have total reliance on this. I am less convinced that that is necessary, but it does have two who main advantages, one it gives a forum for upset players to express themselves, two it provides a comfort level for the many who do believe in the appeals process. It all seems ok to me.
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#33 User is offline   nige1 

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Posted 2009-December-10, 17:18

bluejak, on Dec 10 2009, 12:50 PM, said:

While a single self-serving statement is very very rarely the only evidence available, the whole idea of taking the TD judgement away seems unnecessary, and will provide such a major change to the whole game, and why?  As far as I can see because the people suggesting it have no faith in TDs and are looking for some sort of utopia, which as always with such hopes will only cause lots and lots of other problems.
In general a TD has various evidence to use.  He weighs it, considers, consults and concludes.  It is a good, workable method with a high success rate.  We have an appeals process to make sure we do not have total reliance on this.  I am less convinced that that is necessary, but it does have two who main advantages, one it gives a forum for upset players to express themselves, two it provides a comfort level for the many who do believe in the appeals process.  It all seems ok to me.
Stating the obvious for the umpteenth time ...
  • Most players appreciate the work of directors in providing them with an enjoyable game. We trust them and believe they do their best in difficult circumstances -- including having to cope with over-subjective and overly sophisticated rules. We are grateful to them.
  • Directors need to use judgement in applying Bridge rules.
  • Rules that entail subjective judgement are fundamental to the game.
  • Rules that depend on subjective judgement lead to inconsistent rulings.
  • Players on the wrong side of inconsistent rulings often regard them as unfair.
  • Some rules that require subjective judgement are unnecessary. They add no value to the game. Such rules should be dropped.
  • Some rules could be less subjective without reducing players' enjoyment of the game. Such rules should be simplified and made more objective.

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#34 User is offline   blackshoe 

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Posted 2009-December-10, 19:45

nige1, on Dec 10 2009, 06:18 PM, said:

Some rules that require subjective judgement are unnecessary.

Speaking of subjectivity, this is a subjective opinion.
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#35 User is offline   nige1 

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Posted 2009-December-10, 20:12

nige1, on Dec 10 2009, 06:18 PM, said:

Some rules that require subjective judgement are unnecessary.

blackshoe, on Dec 10 2009, 08:45 PM, said:

Speaking of subjectivity, this is a subjective opinion.
True :( most opinions are subjective even when they seem obvious :)
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#36 User is offline   Vampyr 

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Posted 2009-December-10, 21:10

mr1303, on Dec 8 2009, 01:47 AM, said:

...With both my partners our discussion about system is limited to what we discuss as we play, and it is never written down (mostly because I made a conscious decision a few years ago to escape from "serious" bridge).

Admittedly some of it is a bit non-mainstream, but it is still our partnership agreement.
...

I am surprised that you do not play in a jurisdiction where convention cards are obligatory. Anyway, the problem (apart from the evidence thing) is that while you may not be serious, the opponents might be.

When your non-mainstream agreements are not written down, the opponents will have no reason to think that there are inferences available when these bids are not made. Also, if some of the agreements concern early rounds of the bidding, the opponents may wish to have a quick discussion about how to defend against them. I do this all the time.
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#37 User is offline   blackshoe 

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Posted 2009-December-10, 22:07

Vampyr, on Dec 10 2009, 10:10 PM, said:

Anyway, the problem (apart from the evidence thing) is that while you may not be serious, the opponents might be.

I'm not sure that answers his question. :lol:

Quote

When your non-mainstream agreements are not written down, the opponents will have no reason to think that there are inferences available when these bids are not made.


I'm not sure I follow the logic here. Why should whether the agreements are written down affect the question whether there are such inferences (to my mind, there are always such inferences).

Quote

Also, if some of the agreements concern early rounds of the bidding, the opponents may wish to have a quick discussion about how to defend against them.


The principle of full disclosure would suggest that unusual (or "not mainstream," perhaps) methods should be pre-alerted. IAC, so long as this pair complies with the laws and regulations in force, what are they doing wrong?
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#38 User is offline   Vampyr 

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Posted 2009-December-10, 22:44

blackshoe, on Dec 11 2009, 05:07 AM, said:

Vampyr, on Dec 10 2009, 10:10 PM, said:

Anyway, the problem (apart from the evidence thing) is that while you may not be serious, the opponents might be.

I'm not sure that answers his question. :lol:
Yes, I realise that this is another issue.

Quote

Quote

When your non-mainstream agreements are not written down, the opponents will have no reason to think that there are inferences available when these bids are not made.


I'm not sure I follow the logic here. Why should whether the agreements are written down affect the question whether there are such inferences (to my mind, there are always such inferences).


Yes, but if you don't know about the unusual agreements you will not know what inferences are available. For example, if you play that a 1 opening shows 1 or more types of hands containing hearts, and your 1 opening is natural, the 1 opening bid is not alertable, and if you should ask about this unalerted opening bid, the opponents are not required to tell you that certain hands are excluded from this bid. I imagine that most jurisdictions are luckier than the EBU and have regulations that prevent this nonsense, but I am sure that examples can be found that would apply in most other jurisdictions.

Quote


Quote

Also, if some of the agreements concern early rounds of the bidding, the opponents may wish to have a quick discussion about how to defend against them.


The principle of full disclosure would suggest that unusual (or "not mainstream," perhaps) methods should be pre-alerted. IAC, so long as this pair complies with the laws and regulations in force, what are they doing wrong?

I find pre-alerting to be very rare, and done only out of the players' sense of fair play. At least in the EBU I don't think that failure to pre-alert unusual (and by whose definition?) methods would ever be considered to violate full disclosure.
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#39 User is offline   barmar 

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Posted 2009-December-11, 03:10

dan_ehh, on Dec 10 2009, 10:50 AM, said:

cardsharp said:

Forcing passes are a particular problem as they are rarely included on even the most complete convention card.

I think the biggest problem with forcing passes is that they are contrary to the basic mechanics of the game.

No more so than takeout doubles (double ostensibly means that you don't think the opponent can make the contract) or western cue bids (cue bids usually show something in the suit, but WQB often is used when you DON'T have anything useful in the suit). These things have evolved out of simple bridge logic (takeout doubles are used in situations where it's extremely unlikely that you would have a penalty double). Forcing pass is similar: if the auction has shown that your side is strong enough to bid game, and the opponents bid over it, it's almost certainly a sacrifice, so either your side has to double them or bid over them.

This is just standard bidding judgement, used by most experienced players. Unless they've reversed the meanings of pass and double in these auctions, like Meckwell (is it because they bid games so aggressively?), why would anyone bother to document this in their system notes?

#40 User is offline   mjj29 

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Posted 2009-December-11, 03:16

Vampyr, on Dec 10 2009, 11:44 PM, said:

I find pre-alerting to be very rare, and done only out of the players' sense of fair play. At least in the EBU I don't think that failure to pre-alert unusual (and by whose definition?) methods would ever be considered to violate full disclosure.

Yes it would. The EBU's method of pre-alerting is exchanging convention cards at the start of the round, which have a section on the front for 'aspects of system opponents should note'. In clubs of course many people don't do this, but those are generally all playing some standard variation of Acol. When a polish club pair come and fail to bring convention cards I do complain about it for precisely this reason.
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