• fruitycoder@sh.itjust.works
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    17 hours ago

    Oh and the US and UK share what is called “common law” system as well in which decision by the courts are able to referenced as what the law is as well.

    So if the legislator writes a law making apples illegal, but a court decided that wasnt true for guys named John, then when someone is charged for it they could cite the “not Johns” ruling as why it shouldn’t apply to them.

    • ricecake@sh.itjust.works
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      8 hours ago

      Yup, that’s the precedent bit I mentioned. They’re both valid ways of deciding ambiguity (a judge decides in this situation and other judges aren’t obligated to decide the same way, or lawyers debate the ambiguity, a jury decides, and courts strive for consistency), but they’re fundamentally different and slightly bewildering to people from the other model.

      Purely an answer to the question "I mean, how different could they really be?”: fundamentally different in an almost unrecognizable way.