This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Law Practice,
Government,
Constitutional Law

May 29, 2013

New panel decision shows why facts are for juries

When a 2-judge majority rules that no person could reasonably conclude that the plaintiff has a case, they are also saying that a dissenting judge must be fundamentally defective in his reasoning.

Robert L. Bastian Jr.

Partner, Bastian & Dini

Penthouse Suite 9025 Wilshire Blvd
Beverly Hills , CA 90211

Phone: (310) 789-1955

Fax: (310) 822-1989

Email: robbastian@aol.com

Whittier Law School

Facts are for juries. This much is a shared foundation of democratic political legitimacy, a principle upon which our country and, in particular, our legal system is founded. From the moment someone, presumptively Benjamin Franklin, crossed out "sacred" and scribbled "self-evident" onto Thomas Jefferson's draft, we have been weaned on the milk of Enlightenment, our common bond, not our disparate beliefs, but shared experience, shared facts.

Likewise, reasonable inferences from fac...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Sign up for Daily Journal emails