Re: DIS: Precedent question

2007-12-06 Thread Ed Murphy
BobTHJ wrote: #1 seems the most logical, and yet it makes a valid case for the elimination of stare decisis. Who wants to review the past X years of case history to determine if a fragment of a judgment somewhere might have bearing on a present-day situation? There should be some sort of expirat

Re: DIS: Precedent question

2007-12-06 Thread Buddha Buck
On Dec 6, 2007 4:19 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote: > > Actually, I've wondered this about "precedent" for a while. Statement S > is only TRUE if A and B and C are all true. A judge's arguments finds > that A is true, B is true, but C is false, so S is false. > > Alternative interpreta

Re: DIS: Precedent question

2007-12-06 Thread Ian Kelly
On Dec 6, 2007 2:40 PM, Roger Hicks <[EMAIL PROTECTED]> wrote: > #1 seems the most logical, and yet it makes a valid case for the > elimination of stare decisis. Who wants to review the past X years of > case history to determine if a fragment of a judgment somewhere might > have bearing on a prese

Re: DIS: Precedent question

2007-12-06 Thread Roger Hicks
On Dec 6, 2007 2:19 PM, Kerim Aydin <[EMAIL PROTECTED]> wrote: > > Actually, I've wondered this about "precedent" for a while. Statement S > is only TRUE if A and B and C are all true. A judge's arguments finds > that A is true, B is true, but C is false, so S is false. > > Alternative interpreta

DIS: Precedent question

2007-12-06 Thread Kerim Aydin
Actually, I've wondered this about "precedent" for a while. Statement S is only TRUE if A and B and C are all true. A judge's arguments finds that A is true, B is true, but C is false, so S is false. Alternative interpretations: 1. All the arguments are part of the judge's precedent, and sho