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Old 01-05-2016, 02:10 PM
 
25,619 posts, read 36,689,672 times
Reputation: 23295

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Quote:
Originally Posted by 2sleepy View Post
My husband and I have guns, we are not 'anti-gun' but what I am opposed to is the nonsense that takes place at the Reno gun shows where the majority of sellers are not licensed but are moving more guns than licensed dealers are. You should go there sometime and see the characters buying guns from the sellers without a license, hell they even ask the seller if they do background checks and if the answer is 'yes' they move on to the next table. That is wrong and needs to stop, it's too bad that the Republicans in Congress are so afraid of the NRA that they won't even consider legislation that would stop this, but that's not a reason to do nothing about it. It does NOT keep you from owning a gun, it does not make it harder for you to buy a gun, it does not restrict you from selling a gun to your neighbor- but it might keep a guy with prison tats from walking into the Reno gun show and walking out with a legally purchased arsenal.


Ive been going to the Big Reno Gun Show of the West for years as well as other gun shows since the early 80's.

None of that crap your trying to peddle about occurs.

What does happen are LEGAL person to person sales as is LEGAL in Nevada and use to be legal in Kommieforina without a back ground check until 1992.

Your barking up the wrong tree if you think you can school me as I've been active in the RKBA politcal and legal movement since 1978 when I got my first NRA membership.

If you can find illegal crap going on at gun shows then go film it and get back to us.

Since the time of the founding of our country private party sales of firearm has occurred LEGALLY with getting the OK from Big Brother.

I also doubt very seriously you own any guns.

Last edited by CaseyB; 01-06-2016 at 04:57 AM.. Reason: rude
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Old 01-05-2016, 02:23 PM
Status: "It Can't Rain All The Time" (set 28 days ago)
 
Location: North Pacific
15,754 posts, read 7,591,221 times
Reputation: 2576
Quote:
Originally Posted by JGMotorsport64 View Post
Haven't backed down from anything. Enlighten me, what is common law?
The Common Law and Civil Law Traditions
Quote:
Common law is generally uncodified. This means that there is no comprehensive compilation of legal rules and statutes. While common law does rely on some scattered statutes, which are legislative decisions, it is largely based on precedent, meaning the judicial decisions that have already been made in similar cases.
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Old 01-05-2016, 02:36 PM
 
8,081 posts, read 6,956,168 times
Reputation: 7983
Quote:
Originally Posted by Ellis Bell View Post
I know that, I was hoping the other poster would respond. I've already explained it to her.
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Old 01-05-2016, 02:43 PM
 
Location: Fairfax, VA
3,826 posts, read 3,387,188 times
Reputation: 3694
Quote:
Originally Posted by Piccadilly Lily View Post
I disagree with your use of the word Propaganda. Many were pamphlets and speeches intended o state the case for Ratification, etc., but I wouldn't use the term propaganda, but in either case, whatever characterization you wish to use, Intent is Intent.

I am not in the least interested in Court Decisions, for they are, in the main, are incremental perversions of the actual underlying law.

I am reminded of the "experiment" everyone has done in school at one time or another. Everyone sits in a circle in the gym, and one person is given a short message verbally. That message is passed from person, to person, to person, and each time it loses a little meaning or gains meaning not in the original.

Court decisions are the same way. Incremental deviations from the expressed intent of the crafters of the original language.

I take my counsel from the Founders, not some jack-leg attorney in black robes, appointed for life with no accountability who has been brainwashed into thinking that the decision of the court before him is more important than the base "legislation". This is how we have gone from Trying Cases to Legislating from the Bench.

I speak always in reference to the original law, its crafters and their intent. All else, IMHO, is a nullity.

The problem is that law schools teach case law instead of the meaning of the actual laws as written. Law and judgements should be based on the laws, not on the opinion from another case.
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Old 01-05-2016, 02:46 PM
 
8,081 posts, read 6,956,168 times
Reputation: 7983
Quote:
Originally Posted by LetsRock View Post
The problem is that law schools teach case law instead of the meaning of the actual laws as written. Law and judgements should be based on the laws, not on the opinion from another case.
The opinions usually contain some sort of analytical reasoning that supplies a precedential value to future litigation. It is a virtue of our system that we are able to see consistent rulings, it is efficient which is beneficial to both litigants.

Law Schools teach both, the case law method is here is an issue, here is the black letter law of that issue and here is how the court came to a conclusion. Usually when a case is litigated there is some dispute on how that law should be applied, judges aren't just making things up. In any string of words in the english language you have some sort of ambiguity and that's where the case law method comes into play. The other problem is that there isn't a codified statute on every single issue that could arise.

There is a theory known as legal realism, that is where we view case law not as some objective body of law, but as a way to predict how a judge is going to rule. Without precedential values, could you imagine how inconsistent rulings would be?

Here is a basic case law, how can we determine Jurisdiction over a case, that is which court is allowed to hear a case? There is no statute on point in Personal Jurisdiction and there are vague ones relating to federal jurisdiction. There are instead cases that fill the gaps.

Or in contracts, the UCC governs specific transactions, common law governs the rest, i.e. personal services and the like.
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Old 01-05-2016, 03:00 PM
 
Location: USA
188 posts, read 103,125 times
Reputation: 67
Quote:
Originally Posted by LetsRock View Post
The problem is that law schools teach case law instead of the meaning of the actual laws as written. Law and judgements should be based on the laws, not on the opinion from another case.
That I what I have been trying to explain to no avail. It goes over their heads like a XR71 at 50K Feet. It is usurpation of power from the crafters of the law that has become intolerable and MUST be corrected.
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Old 01-05-2016, 03:08 PM
 
Location: Florida
11,669 posts, read 17,942,476 times
Reputation: 8239
Rights and amendments can be modified, added or deleted by the will of the people and politicians.
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Old 01-05-2016, 03:33 PM
 
8,081 posts, read 6,956,168 times
Reputation: 7983
Quote:
Originally Posted by Piccadilly Lily View Post
That I what I have been trying to explain to no avail. It goes over their heads like a XR71 at 50K Feet. It is usurpation of power from the crafters of the law that has become intolerable and MUST be corrected.
You'll have to excuse people from taking your advice, they're just following an international legal system that has existed before the US was even thought up.

Here's a game for you to help you understand why case law exists.

X sues Y for a car accident that took place in Los Angeles, California. Y is a resident of Oregon and had never been to California prior X is a resident of Washington and wants to sue Y in Washington in order to save money and expense. Y owns a business that has two locations out of 100 in Washington. Can X sue Y in Washington? Can X sue Y in a Washington Federal District Court in Washington? Which states have personal jurisdiction over this matter? Which Federal District Court can exercise Jurisdiction over this matter most easily?

How can you find the answer to this question by only using statutes?

This matters, when you sue you have to figure where you can sue and then the advantages/disadvantages of doing so, i.e. local biases, Conservative v. Liberal juries etc.



Hint: You have to use case law.

The overarching point being that case law is used to fill gaps for complicated issues that statutes cannot fill. It is precedential so that we have consistency.

Spoiler
The answers are no to Washington, the easiest Federal Court being the Central District of California, Oregon would also have Jurisdiction over Y, but California would have a greater interest. There are means of getting to Federal Court in Washington, also identified via case law after the case is brought in California, but they are less likely to be successful
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Old 01-05-2016, 04:08 PM
 
Location: The Republic of Texas
78,863 posts, read 46,608,641 times
Reputation: 18521
Quote:
Originally Posted by Salmonburgher View Post
Never say "never"!

The 18th Amendment absolutely "prohibited" the sale of booze. How'd that work out?


Booze didn't have an amendment in the Bill of Rights, dedicated to it, with the wording, "Shall not be infringed" included.

The 18the was the only amendment that took freedom and liberty from people. Instead of securing freedom and liberty. It was amended quickly.
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Old 01-05-2016, 04:20 PM
 
29,512 posts, read 19,610,114 times
Reputation: 4536
Quote:
Originally Posted by nep321 View Post
Rights and amendments can be modified, added or deleted by the will of the people and politicians.
Right, by 2/3rd of Congress and 3/4ths the states. Not an easy task
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