Linked by Thom Holwerda on Fri 10th Sep 2010 23:38 UTC
Legal EULAs, and whatever nonsense they may contain, are legally binding in the US. Have a great weekend!
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RE[2]: US Justice System
by M.Onty on Sat 11th Sep 2010 14:35 UTC in reply to "RE: US Justice System"
M.Onty
Member since:
2009-10-23

I think it has to do with precedent; US law follows what was previously decided in similar cases. IMNAL, but I would speculate that this concept originates from the various arguments regarding how to interpret the US constitution.


Similarly, I'm no lawyer, nor historian, but I'm fairly sure the US legal system is like this because it mimics the English Common Law system. That comes from a Mediaeval king (Henry II?) insisting that county courts consider the past rulings made within other county courts in order to reduce what would now be called a "postcode lottery" approach to justice.

Reply Parent Score: 2

RE[3]: US Justice System
by Thom_Holwerda on Sat 11th Sep 2010 14:48 in reply to "RE[2]: US Justice System"
Thom_Holwerda Member since:
2005-06-29

"I think it has to do with precedent; US law follows what was previously decided in similar cases. IMNAL, but I would speculate that this concept originates from the various arguments regarding how to interpret the US constitution.


Similarly, I'm no lawyer, nor historian, but I'm fairly sure the US legal system is like this because it mimics the English Common Law system. That comes from a Mediaeval king (Henry II?) insisting that county courts consider the past rulings made within other county courts in order to reduce what would now be called a "postcode lottery" approach to justice.
"

I understand allt his - this was not the point I'm trying to make.

The point I'm trying to make is that within a system where the courts have a relatively strong say in how the law should be applied (as is the case in the US), wouldn't it make more sense to use that say to make sure the law is applied in a modern way? Consider past rulings - yes - but amend and update them where it makes sense?

I think that would be EXACTLY the point of having such a system in the first place.

Reply Parent Score: 1

RE[4]: US Justice System
by M.Onty on Sat 11th Sep 2010 15:00 in reply to "RE[3]: US Justice System"
M.Onty Member since:
2009-10-23


I understand allt his - this was not the point I'm trying to make.


I know, I was just drifting off topic slightly.


I think that would be EXACTLY the point of having such a system in the first place.


That is certainly the theoretical strength of the Common Law approach. Whether it works or not ...

Am I right in saying that no European systems work like this? They use Civil Law, or somesuch.

Reply Parent Score: 1