Blizzard Sued By South Carolina Inmate

AeroJonesy

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Moos, you're starting to look like a 1L. You were a better debater before classes started. I'm afraid you're going to be that guy that cites case law to a cop thinking it's going to get him somewhere.
 

Moosashi

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Believe me, I'd rather not fall back on jargon, insider information and appeals to authority, but Dondrei is apparently impervious to reason when he thinks he knows more about something than you (and in many other circumstances besides). He'll just whip off a Latin phrase from Wikipedia and mischaracterize your dismissal of its relevance as ignorance. That way he doesn't have to address the substance of your position. If you say, "Judicial opinion is law" he can continue to smugly respond, "Ah ha! But stare decisis isn't always binding", confident that you haven't the foggiest clue what stare decisis really means. When you rejoin, "Duh, Dondrei, that isn't the point" it doesn't carry much weight if he doesn't think you have any authority.
 

AeroJonesy

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

I'm pretty sure Dondrei knows that you know what stare decisis is.
 

Dondrei

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Um, yeah ... Did you know that I am a law student?
Yeah, I did.

And the funniest part is, you think that makes you seem like less of an idiot.

P.S. Clearly the fact that it is called "case law" has seriously confused you. For your edification, here are a bunch of other things which contain the word "law" but are not in fact law:

Law of the Jungle
Murphy's Law
Fundamental laws of physics
Jude Law
Coleslaw

Sylvester Stallone isn't the law either.



 

Moosashi

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Yeah, I did.

And the funniest part is, you think that makes you seem like less of an idiot.

P.S. Clearly the fact that it is called "case law" has seriously confused you. For your edification, here are a bunch of other things which contain the word "law" but are not in fact law:

Law of the Jungle
Murphy's Law
Fundamental laws of physics
Jude Law
Coleslaw

Sylvester Stallone isn't the law either.
Let me get this straight. The two points you're making here are that (1) people who study the law know less about it than people who don't study the law, and (2) when I suggested that you actually did know what you were talking about, I was wrong.

It's certainly an interesting approach to the debate, but I'm not sure it's particularly effective.



 

Dondrei

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

No, my points were:

1) You're an idiot.

2) Demonstrating ignorance of the law and then proclaiming that you're a law student only makes you look like a bigger idiot.

3) You're an idiot.

4) All of the above are typical traits of first-year law students.
 

Moosashi

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

I give you ample opportunity to attack the substance of my argument ... and the best you can do is name-calling?!? Hell, you couldn't even do THAT on your own. You didn't jump on the insult the swell-headed 1L wagon until Aerojonesy (who would agree with me if he wasn't such a contrarian) brought it up.

No, you don't think I'm an idiot because I'm acting like a 1L. You've had that opinion of me for much longer. You don't think I'm an idiot because I'm ignorant of the law, as I've practically double dared you to point out the flaws in my position and all you do is change the subject and shame yourself with these infantile insults.

You should really ask yourself why you think I'm an idiot. And in particular, why you're being so brazen about it on this particular issue. Come on. Dig deeeep.
 

Yaboosh

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

You need to restate your position, because it seems to have become obfuscated by your ego.

Is your entire point that interpretation of the law is the same as writing the law? Seems like a semantics argument at best.
 

Dondrei

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

I give you ample opportunity to attack the substance of my argument ... and the best you can do is name-calling?!? Hell, you couldn't even do THAT on your own. You didn't jump on the insult the swell-headed 1L wagon until Aerojonesy (who would agree with me if he wasn't such a contrarian) brought it up.
Heheh. Wrong, fool. I didn't jump on the insult wagon until you said I riled you up.

No, you don't think I'm an idiot because I'm acting like a 1L. You've had that opinion of me for much longer. You don't think I'm an idiot because I'm ignorant of the law, as I've practically double dared you to point out the flaws in my position and all you do is change the subject and shame yourself with these infantile insults.

You should really ask yourself why you think I'm an idiot. And in particular, why you're being so brazen about it on this particular issue. Come on. Dig deeeep.
Well spotted. I think you're an idiot because of posts like these.



 

Moosashi

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

You need to restate your position, because it seems to have become obfuscated by your ego.

Is your entire point that interpretation of the law is the same as writing the law? Seems like a semantics argument at best.
Okay. Put your contacts in. Adjust those glasses. Crack open that dictionary. Take a deep breath ... and read.

Moosashi said:
And most "law" in the U.S. *I recently learned* is just judicial decisions. Judges are trying to figure out what is right for society, and their word is enforced by the power of the state, just like any other business of the government.
Moosashi said:
Well, they're not exactly writing legislation, but their word is law, nonetheless.
Moosashi said:
Well, it's someone's word. I think I'd attribute it to the person who thought it up and wrote it down, i.e, the judge.
Moosashi said:
In Common Law countries like the United States and Australia (each of which inherited Great Britain's Common Law tradition), law is primarily derived from past judicial decisions, not statute
Moosashi said:
so if (for the sake of argument), the case went to trial and a judgment was made, the opinion would constitute new law for that jurisdiction.
Moosashi said:
Law is any rule backed by the force of the State. A precedent has just as much authority in this respect as a statute.
Moosashi said:
who wrote Rule 11? hint: not Congress
Moosashi said:
But you're just going to have to take my word for it that there are all kinds of legal rights and wrongs that have nothing to do with statute.
Moosashi said:
My point is that judges make law
Moosashi said:
Their ruling is called an "Opinion", but it has the force of law, that is, it will be backed by the full force of the state.
Moosashi said:
My point is that judges who follow precedent make law, irrespective of statute.
Moosashi said:
Thats it. Judges. Make. Law.
Moosashi said:
My whole point, as I've been saying over and over, is that whatever they say for whatever reason is backed by the full force and authority of the state. It is law.
Moosashi said:
The legislature passes statutes. Judges render opinions. Both are law.
Moosashi said:
As I keep trying to get through your even thicker skull, the issue is not whether stare decisis is law, but whether judicial opinions are law.
CLEAR ENOUGH FOR YOU? :xxx:



 

Moosashi

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Heheh. Wrong, fool. I didn't jump on the insult wagon until you said I riled you up.
OOOOOH, snap! Got me, Hot Shot! I was just plain wrong when I said you're such an incompetent communicator that you can't even sling mud without help. I am such a fool. You CAN do it all on your own. Mommy, WOW! You're a BIG BOY now!



 

Moosashi

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Yeah, just making sure. Semantics.
Explain, or you're no better than Dondrei.

EDIT: Let me rephrase:

True or false?
Only legislators make law

True or false?
Legislators and judges both make law

One final task: count how many times I explicitly stated my definition of "law".



 

Moosashi

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Humor me.

True or false?
Only legislators make law

True or false?
Legislators and judges both make law
 

AeroJonesy

Diabloii.Net Member
Re: Blizzard Sued By South Carolina Inmate

Humor me.

True or false?
Only legislators make law

True or false?
Legislators and judges both make law
All branches of the government can make rules backed by the force of the state.



 
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