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A Buttery Pastry
Sep 4, 2011

Delicious and Informative!
:3:

Hodgepodge posted:

also lol at saying that american law is more driven by precedent than common law concepts. I'll let you look up the definition of commom law so you can appreciate why this is funny.
Yeah, I was confused when it was implied that America wasn't a common law country. Unless your entire knowledge of the law is based on a Louisiana context, it should be real obvious that the US is a common law system.

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22 Eargesplitten
Oct 10, 2010



It's common law unless there's some precedent or other law in the past 200+ years that contradicts common law. Finding something that supports their view in common law and then insisting that rules over everything else is a super-common SovCit argument, and never ends well for them.

HashtagGirlboss
Jan 4, 2005

A Buttery Pastry posted:

Yeah, I was confused when it was implied that America wasn't a common law country. Unless your entire knowledge of the law is based on a Louisiana context, it should be real obvious that the US is a common law system.

Sorry. Didn’t mean to cause confusion. US criminal law is statutory. There’s still a ton of common law in US civil law but once you’re into criminal stuff it’s a whole different world. Which isn’t to say that common law principals like precedent and stuff don’t still come in. But when it comes in it’s about statutory construction and not broad principals.

Hodgepodge
Jan 29, 2006
Probation
Can't post for 221 days!

FacebookEmpathyMom posted:

Sorry. Didn’t mean to cause confusion. US criminal law is statutory. There’s still a ton of common law in US civil law but once you’re into criminal stuff it’s a whole different world. Which isn’t to say that common law principals like precedent and stuff don’t still come in. But when it comes in it’s about statutory construction and not broad principals.

I think there's a little confusion about what common law means. From a introductory text on US law found on Google:


quote:

a. Summary of Basic American Legal Principles

What follows are some of the fundamental principles that comprise the American legal system. Each of these is discussed in greater detail in this and other chapters of this book. They are summarized below in order to give the reader an overview of some of the basics of American common law.

1. Impact of Precedent—The Principle of Stare Decisis

The defining principle of common law is the requirement that courts follow decisions of higher level courts within the same jurisdiction. It is from this legacy of stare decisis that a somewhat predictable, consistent body of law has emerged.

This is what it means to be a common law country. It is why the Supreme Court matters so much, whereas in another system it's decisions might be the last word on a given case, but not bind lower courts.

A later bit might clear up confusion:

quote:

B. What Is Common Law?

The term “common law” evokes confusion and uncertainty—which is no surprise given its duality of meaning. The term “common law” may refer to any of the following:

1. Common Law as Differentiated from Civil Law

The American system is a “common law” system, which relies heavily on court precedent in formal adjudications. In our common law system, even when a statute is at issue, judicial determinations in earlier court cases are extremely critical to the court’s resolution of the matter before it.

Civil law systems rely less on court precedent and more on codes, which explicitly provide rules of decision for many specific disputes. When a judge needs to go beyond the letter of a code in disposing of a dispute, the judge’s resolution will not become binding or perhaps even relevant in subsequent determinations involving other parties.

2. Case Law

Common law may refer to “judge-made” law, otherwise known as case law.

Cases are legal determinations based on a set of particular facts involving parties with a genuine interest in the controversy.

a. Case Law May Be of Several General Types:

(1) Pure decisional case law—Court called upon to decide cases on the basis of prior court decisions (precedent) and / or policy and a sense of inherent fairness. In cases of pure decisional law, there is no applicable statute or constitutional provision that applies. This type of decisional law is what is referred to as “judicially-created doctrine.” Historically, the term “case law” referred to certain areas of law (e.g., torts, property) that began as judge-made, or pure decisional law.

(2) Case law based on constitutional provisions—Court called upon to consider whether a particular statute or governmental action is consistent with the United States Constitution or a particular state constitution. Court interpretation may rely upon prior decisional law interpreting same or some other constitutional provision.

(3) Case law based on statutory provisions—Court called upon to interpret a statute. Court interpretation may rely upon prior decisional law interpreting the same or similar statute.

b. Subsequent Case History:

(1) Subsequent Case History defined—What a higher level court has done with respect to a lower-level court decision on appeal.

(2) Importance of Subsequent Case History—If a higher level court has taken action on a lower level case, it is the opinion and holding of the higher level court that will constitute the precedent in the case. A higher level court opinion will in effect abrogate the lower level court opinion in the same case.

c. Subsequent Case Treatment:

(1) Subsequent Case Treatment defined—What other cases have said about the initial case. Has it been followed? Reversed? Distinguished? Applied in a specific way?

(2) Importance of Subsequent Case Treatment—Will indicate how the same and other courts interpret the initial case.

Hodgepodge has issued a correction as of 05:41 on May 30, 2020

HashtagGirlboss
Jan 4, 2005

Hodgepodge posted:

I think there's a little confusion about what common law means. From a introductory text on US law found on Google:


This is what it means to be a common law country. It is why the Supreme Court matters so much, whereas in another system it's decisions might be the last word on a given case, but not bind lower courts.

A later bit might clear up confusion:


Lol so this clears up a lot. So what do we mean when we talk about civil law. You’re talking about the civil law v common law distinction which I should have picked up earlier. I’m talking about the civil v criminal distinction in the US legal system.

This: https://criminal.findlaw.com/criminal-law-basics/the-differences-between-a-criminal-case-and-a-civil-case.html

You’re talking about the civil law v common law distinction: https://en.m.wikipedia.org/wiki/Civil_law_(legal_system)

Unsurprisingly when we’re using a word two different ways were not exactly communicating effectively

Lmao I never really thought about it but it’s dumb as gently caress

https://en.m.wikipedia.org/wiki/Civil_law_(common_law)

https://en.m.wikipedia.org/wiki/Civil_law_(legal_system)

HashtagGirlboss has issued a correction as of 05:58 on May 30, 2020

Hodgepodge
Jan 29, 2006
Probation
Can't post for 221 days!
Well it's specifically flagged as a common confusion in the basic books, so I guess we shouldn't be surprised.

HashtagGirlboss
Jan 4, 2005

Hodgepodge posted:

Well it's specifically flagged as a common confusion in the basic books, so I guess we shouldn't be surprised.

Honestly this is the best kind of internet slap fight where coming to an agreement is impossible because we’re both using the same word to mean two different things. Kinda loving hilarious.

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
https://twitter.com/TheEpicDept/status/1266230250599526400?s=20

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
so people asleep don't miss it in the cool zone

https://twitter.com/louisducdanjou/status/1266578058452054016?s=20

Zipperelli.
Apr 3, 2011



Nap Ghost

He should get the same treatment Louis did since he wants to lick boot.

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
https://twitter.com/darrenrovell/status/1266724633916694529?s=20

holy poo poo

https://twitter.com/jackmirkinson/status/1266745972014579715?s=20

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
https://twitter.com/MattWalshBlog/status/1266715217398030336

Barry Convex
Sep 1, 2005

Think of the good things, Pim! The good things!

Like Jesus, candy, and crackerjacks! Ice cream and cake and lots o'laffs!
Grandma, Grandpa, and Uncle Joe! Larry, Curly, and brother Moe!
https://twitter.com/1917_daniela/status/1266723647508676610?s=21

Shalebridge Cradle
Apr 23, 2008



this is why you can't miss a single royal, they breed like rats

Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS

Shalebridge Cradle posted:

this is why you can't miss a single royal, they breed like rats

That's an insult to cats!

LGD
Sep 25, 2004

you gotta be working to qualify as a genuinely hot take at this moment in time, but:

https://twitter.com/ArmandTweets/status/1266917167552819201?s=20

(he keeps going)

Bobby Digital
Sep 4, 2009

LGD posted:

you gotta be working to qualify as a genuinely hot take at this moment in time, but:

https://twitter.com/ArmandTweets/status/1266917167552819201?s=20

(he keeps going)

deleted but

Hodgepodge
Jan 29, 2006
Probation
Can't post for 221 days!

gently caress them too. For the content of their character (being cops).

Milo and POTUS
Sep 3, 2017

I will not shut up about the Mighty Morphin Power Rangers. I talk about them all the time and work them into every conversation I have. I built a shrine in my room for the yellow one who died because sadly no one noticed because she died around 9/11. Wanna see it?

Koishi Komeiji posted:

This is some old man yells at cloud poo poo right here. Yeah a big rip to queer bashing mod I'm so sad they're gone :qq:

https://twitter.com/themaxburns/status/1266235378211581954

hahahah that's pretty funny dude.......oh wait you are being 100% serious BWAAHAHAHHAHAHAHAHA! :cawg:

https://www.youtube.com/watch?v=_n5E7feJHw0

Milo and POTUS
Sep 3, 2017

I will not shut up about the Mighty Morphin Power Rangers. I talk about them all the time and work them into every conversation I have. I built a shrine in my room for the yellow one who died because sadly no one noticed because she died around 9/11. Wanna see it?

A Wizard of Goatse posted:

just an amazing moment in history to roll out that "the drug war is all about WHITE PEOPLE" line you've been workshopping

I mean even if they support ending it for selfish reasons it still puts them on the right side?

Syncopation
Feb 21, 2020

Koishi Komeiji posted:

This is some old man yells at cloud poo poo right here. Yeah a big rip to queer bashing mod I'm so sad they're gone :qq:

https://twitter.com/themaxburns/status/1266235378211581954

hahahah that's pretty funny dude.......oh wait you are being 100% serious BWAAHAHAHHAHAHAHAHA! :cawg:

literally baby brain

Orange Devil
Oct 1, 2010

Wullie's reign cannae smother the flames o' equality!
Here's a hot take:

https://www.youtube.com/watch?v=j0uCrA7ePno

Pomp
Apr 3, 2012

by Fluffdaddy

Taintrunner posted:

that’s not even the worst one of their sexy sloth fursona smut

I think you just have a problem with furries dude

Pomp
Apr 3, 2012

by Fluffdaddy

These are like pin up level at worst. :chillout:

Pomp
Apr 3, 2012

by Fluffdaddy
Also so what if someone commissions porn? What's shameful about that? B r o

Giga Gaia
May 2, 2006

360 kickflip to... Meteo?!
sex is grotesque and must be abolished

gradenko_2000
Oct 5, 2010

HELL SERPENT
Lipstick Apathy

Giga Gaia posted:

sex is grotesque and must be abolished

hello Phil Greaves

H.P. Hovercraft
Jan 12, 2004

one thing a computer can do that most humans can't is be sealed up in a cardboard box and sit in a warehouse
Slippery Tilde

Pomp posted:

Also so what if someone commissions porn? What's shameful about that? B r o

everyone should be ashamed of their horniness at all times

Serjeant Buzfuz
Dec 5, 2009

H.P. Hovercraft posted:

everyone should be ashamed of their horniness at all times

I thought everyone already was??

This is very unsettling...

Koishi Komeiji
Mar 30, 2003



https://twitter.com/ScottHech/status/1249153597738229760
Pig admitting that "wrong cops" exist and championing their behavior all in one breath. Little Rorsahck wannabe rear end bitch.

Platystemon
Feb 13, 2012

BREADS
Protip: “rear end whipping” is battery and a crime.

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
https://twitter.com/IanDunt/status/1267135696810258434?s=20

Koishi Komeiji
Mar 30, 2003



https://twitter.com/bennyjohnson/status/1267154666644811776
Imagining a meek version of people I hate and getting very mad about it. Look! He's lifting his pinky finger while he sips that soy latte! What the gently caress is wrong with you!?:argh:

Jose
Jul 24, 2007

Adrian Chiles is a broadcaster and writer
he's cheating he's just jacob wohl except instead of investor fraud it was plagiarism at buzzfeed

https://twitter.com/billybragg/status/1267187726509539333?s=20

22 Eargesplitten
Oct 10, 2010



Koishi Komeiji posted:

Little Rorsahck wannabe rear end bitch.

Rorschach killed multiple cops, though?

At least I'm assuming that lighting their head on fire with an improvised flamethrower and shooting one in the chest with a grappling hook killed them.

Koishi Komeiji
Mar 30, 2003



22 Eargesplitten posted:

Rorschach killed multiple cops, though?

At least I'm assuming that lighting their head on fire with an improvised flamethrower and shooting one in the chest with a grappling hook killed them.

Fascists love to emulate that character and cops have little reptile brains and only see cool mask guy do violence they don't care about the context.

Taintrunner
Apr 10, 2017

by Jeffrey of YOSPOS

Pomp posted:

These are like pin up level at worst. :chillout:

thinking someone who presents themselves as a sexy sloth kinkster is not someone who can be taken seriously when it comes to politics. get real.

Troy Queef
Jan 12, 2013






this is an editor at Current Affairs, a "leftist" magazine

Bobby Digital
Sep 4, 2009

22 Eargesplitten posted:

Rorschach killed multiple cops, though?

At least I'm assuming that lighting their head on fire with an improvised flamethrower and shooting one in the chest with a grappling hook killed them.

ultimate punisher did too but they still use the skull

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DoubleDonut
Oct 22, 2010


Fallen Rib

Troy Queef posted:



this is an editor at Current Affairs, a "leftist" magazine

not seeing the heat in this take

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