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To: silverleaf
Huh! This is no more than Captain Obvious deciding to play lawyer. Judges frequently import the winning side's argument. At the trial level -- which is what this was -- the winning side often writes the order itself. The other side can then object and say, e.g., this is not what the court ruled, etc.

Move along, nothing to see here . . . .

9 posted on 12/12/2006 9:05:48 AM PST by King of Florida (A little government and a little luck are necessary in life, but only a fool trusts either of them.)
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To: King of Florida
the winning side often writes the order itself.

That is correct. However, there is a substantial difference between the court's opinion and it's order. The order merely denies or grants relief requested while the opinion explains the legal rationale for the courts order.

That said, many courts will adopt much of the legal argument of the winning side in an opinion. Generally, the court (especially on a landmark decision) will do more than merely cut & paste from one sides brief.

This doesn't necessarily mean the ruling was wrong or the brief incorrect - but does demonstrate intellectual laziness.

207 posted on 12/15/2006 12:29:59 PM PST by CharacterCounts (-)
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To: King of Florida
Huh! This is no more than Captain Obvious deciding to play lawyer. Judges frequently import the winning side's argument.

Even more so when the judge asks the parties to submit proposed findings and conclusions. The whole purpose of the exercise is that he will then take the document submitted by the party he's decided for and either sign that as his order, or modify it to his liking, which is apparently what happened here. This is a very routine procedure.

210 posted on 12/15/2006 12:39:31 PM PST by colorado tanker
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