Refining the Laws

Gavel to Gavel: Paying a Premium

The Journal Record – February 5, 2014

Robert Haupt discusses common law and the value we place on legal certainty in our society. He shines some light on state vs. federal judgments and why it’s worth the time and financial expense to refine laws for a broad understanding of the consequences of actions.

When given a set of facts, different people can reach different conclusions. When society demands consistent application of laws, how can individuals know what outcome to expect? Are we to rely only on the whims of a judge or jury? Our idea of common law assuages these concerns. Common law is where the theoretical intent of legislators is applied.

Congress makes laws and courts apply them, right? Well, not so fast. Think of it is as though Congress were to pass a law saying all must dress nicely for church. The question then becomes: What is nicely? A lawyer might ask: What is church?
While each of us may have individual opinions, the answer is given to us when a question has been run through the gauntlet of our judicial system – yes, lawsuits…

Read the full article here.