Quote:Functional case law is to the left of the public.

I haven't thought of this in awhile, but I think this is an overly broad generalization that I'd disagree with.


I think that if the masses knew what some of the "functional caselaw" they'd be shocked.


Just a few things come to mind, the fact that if an officer says they smell weed, search of vehicle is good, regardless of whether it is found....."good faith" exception, (warrant) alimony laws in most states, just a few caselaw created things that comes to mind.


That, and the incredibly rare instance, to the nth degree, that people "get off on a legal technicality"


If people knew some of the things created to keep the little guy out of court, for PI cases and such, they'd be outraged at the lengths reached to protect corporations, although to be fair that is as much a matter of statute as anything else.

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