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Pastimes : Let's Talk About Our Feelings!!! -- Ignore unavailable to you. Want to Upgrade?


To: Edwarda who wrote (63497)11/18/1999 10:49:00 AM
From: jlallen  Read Replies (1) | Respond to of 108807
 
Problem. The law is applied to the facts the Court determines which are as presented by each side. So, in effect, my argument about the relevance of "cooked facts" is that there should have never been a decision to begin with and also that the cooked facts may have colored the Court's decision at the trial level. CB is correct in that the appellate courts are restricted, in legal theory, to the findings of the lower Court expect in certain limited circumstances.
But in any event, I don't buy the whole penumbra concept to begin with so the Roe decision is still fatally flawed in my opinion. JLA