Judges and Judiciary
Apr. 2, 2010
'Surprise' IsIn the Eye of The Beholder
The lack of certainty brings an element of surprise to decisions rendered by higher courts, and a big surprise can be disquieting, says Presiding Justice Arthur Gilbert of the 2nd District Court of Appeal.
2nd Appellate District, Division 6
Arthur Gilbert
Presiding Justice, 2nd District Court of Appeal, Division 6
UC Berkeley School of Law, 1963
Arthur's previous columns are available on gilbertsubmits.blogspot.com.
UNDER SUBMISSION
Courts interpret the law. It is expected, or at least hoped, that they do so in a way that provides the public, from which come litigants and their counsel, a reasonable degree of predictability, if not certainty. From this dictum one would expect that surprise would be an unwelcome guest whose brash presence could be embarrassing to counsel advising their clients. But to quote Heraclitus, the Greek philosopher, which I do wit...
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