SCOTUS Case - Nix v. Hedden
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  SCOTUS Case - Nix v. Hedden
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Author Topic: SCOTUS Case - Nix v. Hedden  (Read 2387 times)
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StatesRights
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« on: January 13, 2006, 12:32:17 PM »

This is one of the more interesting cases to appear before the court. What is your opinion of the findings? Sound or Unsound?

http://en.wikipedia.org/wiki/Nix_v._Hedden
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BRTD
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« Reply #1 on: January 13, 2006, 01:44:36 PM »

Unsound. It's a fruit, period.
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A18
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« Reply #2 on: January 13, 2006, 02:14:03 PM »

This was already done. You should really use the search button.

The decision was sound. When legislators use words, the law that results should be what those words ordinarily mean.

Not sure what's interesting about this.
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Gabu
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« Reply #3 on: January 14, 2006, 01:56:43 PM »

How can something "legally" be what it scientifically isn't?

Can I legally be female if I can find someone to define me as such?
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A18
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« Reply #4 on: January 14, 2006, 02:03:08 PM »

They're just two different definitions, and in law, the ordinary definition trumps the other.

As Sir William Blackstone wrote, "Words are generally to be understood in their usual and most known signification; not so much regarding the propriety of grammar, as their general and popular use."
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Emsworth
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« Reply #5 on: January 14, 2006, 09:09:06 PM »
« Edited: January 14, 2006, 09:16:22 PM by Emsworth »

How can something "legally" be what it scientifically isn't?
When interpreting laws, courts are supposed to consider the ordinary or common meaning of words, not the technical meaning, unless the context clearly requires otherwise. The word "vegetable" was not used in a scientific context, but in a commercial one; therefore, it would include tomatos.

I would add that, while "fruit" is a botanical term, "vegetable" does not have any scientific meaning. Thus, to call the tomato a "vegetable" is not scientifically inaccurate.
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