To: Beagle8U
You're right, if the law is written in a statute and the judge isn't given discretion.
As it is our system is so full of discretionary power that the Rule of Law, which Americans worship as an idol, really means the opinion of an official, subject to review by the opinion of a judge. But that's the Common Law for you! Always been that way too.
One cannot go back through the pages of American legal history and find it to have been noticeably more just than it is now. It's not as though there was a "golden age" of law in the US that has been lost because of some chicanery in the present. American law has always had grotesque flaws. But focus on trying to change them, and you will have everyone come out of the woodwork to defend "the tradition", etc.
36 posted on
12/04/2006 2:58:01 PM PST by
Vicomte13
(Aure entuluva.)
To: Vicomte13; All
I have many friends that are lawyers and even a few judges.
The system isn't perfect but its better than anything else out there.
I was just pointing out the fact that judges at times do break the law, and without deep pockets it hard to fight back when it happens.
The best legal advice I could ever give anyone.....
Make social friends with a few lawyers in your area, Hunting/fishing ?
Always pay your attorney up front and on time.
NEVER lie to your attorney about anything! If they get surprised in court when a lie comes out, you may be surprised in jail that they were caught off guard with no way to defend you!
40 posted on
12/04/2006 3:18:14 PM PST by
Beagle8U
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