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Politics : Formerly About Advanced Micro Devices

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To: tejek who wrote (164158)3/13/2003 8:02:49 PM
From: i-node  Read Replies (1) of 1573856
 
Most laws do not arise from rulings by the courts but the ones that do tend to be very significant and pivotal.

This is nonsense. The law made by the Supreme Court tends to be significant and pivotal. But law is made by District Courts, Courts of Appeal, and many other courts such as the Tax Court.

No statute in the Internal Revenue Code defines the term "independent contractor". The Supreme Court CREATED, from scratch, the law that distinguishes a statutory employee from an independent contractor. Hardly pivotal.

The fact is that courts have made huge chunks of the law that is on the books today. This law can be downright unimportant or it can be of major importance; lower court decisions can have major consequences, while District & Appelate court decisions may have little consequence but nonetheless be new law (the Supreme Court only grants cert on cases of major importance).

In short, I just think you don't understand the fundamental role that the courts play in making law. That's okay with me, but how about being a little more humble when you discuss these subjects you're not that strong on?
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