You"re referring to whats called in the trade Judicial Activism or Legislating from the Bench. Myself, a Conservative Original Intent kind of an Attorney STRONGLY DISGAREE WITH SUCH as its NOT the intent of the Constitution or our founding fathers who envisioned the three independant branches and seperation of powers. Of course, its the Legislators who write the laws so if the court correctly interprets and does thier job they ARE NOT guilty of Judicial Activism and its the legislators who are to blame. When lay persons hear the Courts outcome they may incorreclty be mad at them when the legislature wrote the laws. HOWEVER if the courts go beyond their power and make a ruling not related whatsoever to the legislatures intent I GET MADDDDDDDDDDDDDDD....
Having not read the statute nor the Courts Holding I (nor anyone lay or professional) cant possibly offer any professional opinion as to whether or not the Court acted properly, Maybe Yes maybe NO, one would have to read BOTH the statute and the Courts Holding.
As far as Negligence and Liability is concerned, I can tell you a business person (farmer, merchant etc etc) owes a "business invitee" an extreme High Duty of Care as compared to the duty owed a guest as compared to the duty owed a trespasser. i.e. its muchhhhhhhh easier for a Plaintiff to establish Duty, Breach, Negligence if they are there because the business owner invited them there in order to get their money!!!!!!!!!!! While theres less chance of a successful Negligence action if the Plaintiff is a guest to whom the owner owes a lesser duty of care and even farrrrrrrr less if the Plaintiff were a Trespasser GET THE PICTURE
AS a matter of Public Polcity, therefore, the law protects Plaintiffs much more if an injury is caused by a business owner who has customers there TO GET THEIR MONEY versus say a charitable or non profit who is trying to educate etc NOT get rich off the Customers....
When I read these Im soooooo thankful I had a "real life" FIRST as an Engineer, Farmer, Truck and Tractor and Farm Machinery Dealer before raising a family and then obtaining my law degree. As in ANY profession there are good and bad apples and its the bad people hear the most about who spoil it for other good folks in any chosen profession grrrrrrrrrrrrr
Sooooooooo there may well have been Judicial Activism in the case at hand and on the otehr hand maybe not??????? If one took the time to read the Statute,,,,,,,Study the Legislative History,,,,,,Read the Courts Holding,,,,,,then one could form a qualified and professional opinion but if not and just because one doesnt agree with the Courts Holding doesnt necessarily mean any wrong was comitted by the Court.
I HATE JUDICIAL ACTIVISM MYSELF and iffffffffffff thats what this Court did Im as upset as much or more then anyone here grrrrrrrrrrrrr butttttttttttttt until conducting a proferssional thorough research of the Statute, Legislative History and Holding I JUST CANT OFFER ANY MEANINGFUL PROFESSIONAL OPINION ...
God Bless yall and the USA fun chat for this morning
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