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To: Dead Corpse
Along with stare decisis and juris dictum, practices that badly need to go away as they are destructive to our Republic.

I have no idea what you mean by "Juris dictum." Are you referring to "jurisdiction"? If so, how is jurisdiction destructive to our Republic?

As for stare decisis, it gives a great deal of predictability to the legal landscape, which facilitates investment. No one would risk any money in any business enterprise if all the legal rules could change overnight.

38 posted on 01/25/2011 2:33:20 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
Judicia sunt tanquam juris dicta

Also known as "instructions to the jury". Not sure where I picked up the short form of the Latin from. These insure that a jury can only find one verdict, that which the judge wants.

For reference, see the recent case in New Jersey where a judge refused to allow the jury to see the text of the law to force a conviction.

39 posted on 01/25/2011 2:39:08 PM PST by Dead Corpse (III%. The last line in the sand)
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To: Lurking Libertarian
As for stare decisis, it gives a great deal of predictability to the legal landscape, which facilitates investment. No one would risk any money in any business enterprise if all the legal rules could change overnight.

It also precludes people from seeking standing if new evidence casts doubt on previous decisions. Heller going up against Miller type decisions for example. Not to mention revisiting Wickard V Filburn.

40 posted on 01/25/2011 2:41:27 PM PST by Dead Corpse (III%. The last line in the sand)
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