Show me the caselaw… - Page 2

Show me the caselaw…

This is a discussion on Show me the caselaw… within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Originally Posted by MitchellCT “Show me the caselaw” seems to be a battle cry in discussions about legality around here . . . Therefore, when ...

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  1. #16
    Senior Member Array cwblanco's Avatar
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    Quote Originally Posted by MitchellCT View Post
    “Show me the caselaw” seems to be a battle cry in discussions about legality around here . . . Therefore, when someone can’t produce caselaw on demand and his online opponent says “You can’t produce caselaw on the subject showing you are correct…therefore you can’t back up your position and I’m right!!!”…
    Whether or not you are a lawyer, you are correct in your analysis. About half of the cases that I handle in the appellate courts are there because there "ain't no law" whatsoever that covers the dispute before the court. This brings me to another issue. I cringe when I hear a person campaign for an appellate judgeship with the statement "I will not make the law, I will just interpret the law." That is very deceitful, because the body of case law by the appellate courts makes up our common law (the basis of which has existed for over 1,000 years). The common law continues to grow to fill in gaps where there is no existing statutory or case law. Also, some statutes are written so broadly that a separate mini-body of common law is developed to tell us what the statute says.


  2. #17
    Ex Member Array FN1910's Avatar
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    . Also, some statutes are written so broadly that a separate mini-body of common law is developed to tell us what the statute says.
    I remember years ago in school hearing that the judicial branch interepreted the law and thought why on earth do they need to interpret a law. Now I understand that most laws are so vague that no one knows what the law actually means. Under our system of laws ignorance of the law is no excuse but maybe should be. When a law is presented before supposedly the 9 top judges of the country and they can only come up with a 5-4 decision on what it means, how in the world is the average person supposed to know what a law means.

  3. #18
    Restricted Member Array SelfDefense's Avatar
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    Quote Originally Posted by FN1910 View Post
    I remember years ago in school hearing that the judicial branch interepreted the law and thought why on earth do they need to interpret a law. Now I understand that most laws are so vague that no one knows what the law actually means.
    The ONLY role of the judiciary is to compare the facts with the law. Not to interpret the law, not to make up laws, not to determine if a law is Constitutional, not to inject their personal beliefs into the law.

    Many of the problems arise with the instances of contradictory laws. The famous 'post office gun law' is such an example where the statutes appear to be in conflict. The laws themselves are not difficult to understand. (Who here thinks they are less qualified than Pelosi or Reid to make laws?) It is in the interest of lawyers to make it seem difficult.

  4. #19
    VIP Member Array matiki's Avatar
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    Quote Originally Posted by MitchellCT View Post
    ....

    Therefore, when someone can’t produce caselaw on demand and his online opponent says “You can’t produce caselaw on the subject showing you are correct…therefore you can’t back up your position and I’m right!!!”…

    ....
    Good post. I agree, of all the logical fallacies we see here, one of the most prevalent is the appeal to ignorance (if you cannot disprove A, then it is true). There's also a lot of red herrings and reversing causation here.

    But this site is still so much better than the other gun-sites I frequent. You should see some of the ridiculous arguments elsewhere...
    "Wise people learn when they can; fools learn when they must." - The Duke of Wellington

  5. #20
    Senior Member Array WoodLark's Avatar
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    Quote Originally Posted by carver View Post
    I believe that the students of law on this forum would agree with me on this, no juror is ever seated on a jury unless that person has been selected by either the defense or the prosecution. Both want only jury members that will most probably decide the case the way they want it decided! I think the prosecution screwed up when allowing this woman to serve. And I'm equialy sure that the defense just loved having her seated!
    It evens out though, the defense attorney never asked me if I had ever been a LEO. I had.
    Earth is the insane asylum of the universe!

  6. #21
    VIP Member Array MitchellCT's Avatar
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    Bump

  7. #22
    Ex Member Array azchevy's Avatar
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    Show me the case law defending the validity of your post

  8. #23
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    __________________________________
    'Clinging to my guns and religion

  9. #24
    Distinguished Member Array Elk Hunter's Avatar
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    Quote Originally Posted by WHEC724 View Post
    WHEC724, I'm thinking the spelling is a little off, but I really like the direction you are going.

  10. #25
    VIP Member Array MitchellCT's Avatar
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    Quote Originally Posted by azchevy View Post
    Show me the case law defending the validity of your post
    It's right over here.

    On my ignore list.

  11. #26
    Ex Member Array azchevy's Avatar
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    Quote Originally Posted by MitchellCT View Post
    It's right over here.

    On my ignore list.
    LOl no need to get all sensitive about things.

  12. #27
    Distinguished Member Array INccwchris's Avatar
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    Quote Originally Posted by azchevy View Post
    LOl no need to get all sensitive about things.
    Some people can't handle a joke.....................
    "The value you put on the lost will be determined by the sacrifice you are willing to make to seek them until they are found."

  13. #28
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    I've heard and read all the angles of this topic for years. It all sounds great however I remain unconcerned about using handloads for self-defense. I'll happily carry 'em and let others dither about the subject.
    Charter Member of the DC .41 LC Society

    “No possible rapidity of fire can atone for habitual carelessness of aim with the first shot.”

    Theodore Roosevelt, The Wilderness Hunter, 1893

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