[Avodah] Court System Models

Michael Makovi mikewinddale at gmail.com
Tue Jan 22 12:08:01 PST 2008


> On the contrary, my understanding is that the US court system is very much like Moshe Rabenu's: Any infraction, whether high-profile or low-profile, is judged by the lowest court of whatever jurisdiction is relevant.

> Akiva Miller

This is exactly what I said. With Torah, the case is pushed up when
the court doesn't know the answer. With USA, the case is pushed up
when a party claims (after the ruling) that the court didn't rule
properly ( = claims the court didn't know the answer). Not exactly the
same, but similar.

Never does it occur that the court says "This case is high profile.
Let's push it up". There is no legal definition of "high profile".
It's just that high profile cases are controversial (or vice versa),
and so they are liable to be second-guessed and pushed up higher. Or
as R' Akiva said, because high profile cases involve prestigious
lawyers who can argue successfully for an appeal to a higher court.

Mikha'el Makovi



More information about the Avodah mailing list