jtexas
Fleet Admiral
- Joined
- Oct 13, 2003
- Messages
- 8,646
Re: Public Expressions of Religion Protection Act of 2006
you pulling my chain? I'm not married to the system, has it's faults, say it sucks if that's what you think of it. Heck I grew up in Louisiana where they still go by the Napoleanic code (no kidding) instead of common law.
anyways, yes, what a legislature enacts is called a "statute." The kind of law it provides is called "statutory law." Statutory law trumps case law.
The last paragraph is noted in large print all caps as a COMMENT, meaning it's some law professor's opinion. The second sentence explains the meaning of the first. "If a weapon cannot be brought under the statute, it does not constitute unlawful carrying arms."
Here's a specific example. The statute specifically says it does not apply to a person who is travelling. Say you are on your way to the county seat in the county where you live, intending to return tomorrow, when you get arrested and charged with unlawful carry. You might want to use "travel" as a defense, but the statute doesn't tell us what "travel" means. A case cited there in the article (Darby v. State 5 S.W. 90) informs us that you were not a "traveler" for purposes of this statute so that would not be a valid defense. If the Darby case had never been tried, your judge might find otherwise and set you free...but as it is, he is bound by Darby to find you guilty. That decision is just as binding as any law passed by the legislature. But if your destination wasn't the county seat, your lawyer might argue (maybe successfully) that Darby doesn't apply in your case.
disclaimer: I'm not a lawyer. But I do believe that's a pretty good example of how case law is applied, generally speaking. I learned business law at a Louisiana university, so, well, that's my excuse.
if nothing else, you should by now have a pretty good idea of why techno offered a shovel
you pulling my chain? I'm not married to the system, has it's faults, say it sucks if that's what you think of it. Heck I grew up in Louisiana where they still go by the Napoleanic code (no kidding) instead of common law.
anyways, yes, what a legislature enacts is called a "statute." The kind of law it provides is called "statutory law." Statutory law trumps case law.
The last paragraph is noted in large print all caps as a COMMENT, meaning it's some law professor's opinion. The second sentence explains the meaning of the first. "If a weapon cannot be brought under the statute, it does not constitute unlawful carrying arms."
Here's a specific example. The statute specifically says it does not apply to a person who is travelling. Say you are on your way to the county seat in the county where you live, intending to return tomorrow, when you get arrested and charged with unlawful carry. You might want to use "travel" as a defense, but the statute doesn't tell us what "travel" means. A case cited there in the article (Darby v. State 5 S.W. 90) informs us that you were not a "traveler" for purposes of this statute so that would not be a valid defense. If the Darby case had never been tried, your judge might find otherwise and set you free...but as it is, he is bound by Darby to find you guilty. That decision is just as binding as any law passed by the legislature. But if your destination wasn't the county seat, your lawyer might argue (maybe successfully) that Darby doesn't apply in your case.
disclaimer: I'm not a lawyer. But I do believe that's a pretty good example of how case law is applied, generally speaking. I learned business law at a Louisiana university, so, well, that's my excuse.
if nothing else, you should by now have a pretty good idea of why techno offered a shovel