Thursday, March 28, 2013

Shhh -- Don't Tell Our Legislature But the Florida Supreme Court Just Applied Foreign Law!



Anyone remember that ridiculous anti-Islam Sharia foreign law bill that was introduced last year in the Florida Senate?

Well it's back:
After it failed last year, lawmakers on Thursday revived a bill that would ban Shariah, or Islamic, law and other foreign laws from Florida courts.

Republican Sen. Alan Hays, who sponsored the bill, said his measure was a "preemptive gesture." There are no reported cases in which a Florida court applied foreign law. 
Not so fast!

The Florida Supreme Court earlier today applied dreaded foreign law -- in favor of Don King of all people!

The law in question -- the venerable English doctrine of "statute of frauds":
The statute appears to have been enacted in response to developments in the common law arising out of the advent of the writ of assumpsit, which changed the general rule precluding enforcement of oral promises in the King’s courts. Thereafter, perjury and the subornation of perjury became a widespread and serious problem. Furthermore, because juries at that time decided cases on their own personal knowledge of the facts, rather than on the evidence introduced at trial, a requirement, in specified transactions, of “some memorandum or note . . . in writing, and signed by the party to be charged” placed a limitation on the uncontrolled discretion of the jury. Although the British Parliament repealed most provisions of the statute . . . in 1954[,] the statute nonetheless remains the law virtually everywhere in the United States.
Good lord -- next thing someone will say the Magna Carta somehow informs our jurisprudence.

Posh that!

10 comments:

Anonymous said...

English law, being the source of our common law, is not "foreign." It is the use of current law, espeically from nations whose law and society generally differ from our own, that raises the ire of conservatives.

Anonymous said...

It is law from brown peoples that causes concern.

Anonymous said...

England is not foreign? Fucking idiot - need I remind you of 1776, 1812, the Caroline Affair, the Pig War, the Aroostook War and the great Oregon land crisis of 1840s?

Using your reasoning that we are all part of our forefathers there would be no foreign law.

Anonymous said...

12:34, I think SFL gets that and is pointing out the idoicy of the proposed law.

Anonymous said...

The second chapter of the Florida Statutes, enacted in 1829, expressly states that "The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state." So this is a pretty lame "joke," and Mr. 9:41 is the fucking idiot.

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