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Old 06-25-2005, 04:36 AM  
DatingGold
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Join Date: Feb 2003
Location: California
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Quote:
Originally Posted by baddog
Alan, a quick lesson on law, and in particular, precedence.

When you go to local court, and you get a ruling on your case, this does not mean that I can go to court for the same thing, with the same arguments and be guaranteed the same results. For that to happen, you have to have gone to either a state appellate court, or a federal appellate court, or the supreme court, and the ruling has to have been published.

For example, I intentionally went thru the legal system in CA to get rid of the helmet law. I was able to get my conviction overturned in the state appellate court, however, the decision was not published, so you can not rely on the State of Calif vs Brown. I won, but it was only my win, no one else can use it.

Now, Sundance was heard in the 10th Circuit Federal Appeallate Court and the ruling was published. Anyone going to court in any court in the 6 states under the 10th's jurisdiction can use Sundance as a reliance (if an applicable case).

The other 11 circuits do not always have to agree. That is when you will find things going to the Supreme Court.

It is late, I hope it makes sense
makes pretty good sense.. not bad for not being a lawyer :-) You fought the helmet law?
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