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Strategies & Market Trends : Anthony @ Equity Investigations, Dear Anthony, -- Ignore unavailable to you. Want to Upgrade?

To: Bill Ulrich who wrote (92439)	9/9/2005 4:38:39 AM
From: Jeffrey S. Mitchell	Read Replies (2) \| Respond to of 122087

You have it backwards. The case law treasure hunt is done at the lowest level. The judge then determines which case law is most applicable whether he agrees that it is a fair law or not. The higher court is where the fairness itself is determined. For example, say Marin county has a law against wearing white after Labor Day. You get arrested and convicted under this law for wearing "eggshell", which the other lawyer argues successfully is a shade of white and thus the law applies. You can't appeal that you weren't wearing eggshell because that goes to the merits of the case. However, you could appeal that it isn't fair that eggshell is considered white. Or, if you are feeling lucky, you could appeal based on the entire law not being fair because it violates this or that freedom. If you are successful, the next guy who gets arrested for wearing white can argue to the jury that it's really eggshell and thus Marin v Bill Ulrich applies. - Jeff