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Strategies & Market Trends : Zeev's Turnips
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To: Zeev Hed who wrote (284)12/7/2000 9:21:48 PM
From: Carl R.  Read Replies (1) of 644
 
You are right that it is a strange principle to consider the external circumstances in deciding cases, and in my opinion a very bad and unfair one. Bosco pointed out some other cases, but by far the most common one is the concept of "deep pockets". Juries consider the wealth of a defendant in setting damages, especially punitive damages. By my way of thinking judgements should be meted out based on principles of law and the chips should fall where they may.

You and Bosco are also correct that trying to overturn a judgement based on facts is nearly impossible since the appellate court didn't get to see the evidence or hear the testimony. Judges who don't want to be overturned will carefully craft their decision as primarily findings of fact, and especially based on the credibility of witnesses, as these types of findings are virtually never overruled. Note that if Saul is overruled on findings of law, the case normally would be remanded to him for further proceedings consistent with the FSC decision. Thus just as the FSC can rewrite their decision so it will pass muster with the USSC, if Saul is overruled he should get the opportunity to rewrite his.

Is it true that Saul is now a Republican? I have heard in several places that he is a Democrat.

Carl
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