xmrk ₿ ⚡️ on Nostr: re: judges have to prove jurisdiction - and if they refuse to do so? Who is going to ...
re: judges have to prove jurisdiction - and if they refuse to do so? Who is going to compel them? Isn't it much easier for them to say "law says so, shut up"?
Can you cite one case where judge said "oh, you are right, no contract, no jurisdiction"? Because I've seen the opposite: rulings which ridicule those theories.
Basically, you are saying there is a big hole in the system. Why would they allow it? It would be such a precedent that the whole system would come down, and this consequence is obvious, so no judge is going to do it even if it was right thing to do.
Now, you may be absolutely right from moral point of view. But pragmatic POV says no way.
Can you cite one case where judge said "oh, you are right, no contract, no jurisdiction"? Because I've seen the opposite: rulings which ridicule those theories.
Basically, you are saying there is a big hole in the system. Why would they allow it? It would be such a precedent that the whole system would come down, and this consequence is obvious, so no judge is going to do it even if it was right thing to do.
Now, you may be absolutely right from moral point of view. But pragmatic POV says no way.