Karateka Iuris

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Bruce Lee and O’Hara star in “The Dragon’s Entrance.” Mr. O’Hara goes out into battle, faces Mr. Lee, and smashes the plank he holds in his left hand. Mr. Lee looks unmoved and says, “Boards don’t kick back.” As a young lawyer, I felt anxious when I was dealing with the FACTS. I wanted to move to legal status as soon as possible. When I switched to recipes, I felt great. A trial lawyer who enjoys creating elaborates on legal issues and forgets the facts is like a karateka who breaks the boards.

By the way, the current construction of cassation before the Supreme Court is somewhat infert. Not even because the General Court does not, in principle, deal with the facts. But because he is NOT ALLOWED to deal with factual findings, even when he sees that they are indeed wrong or incomplete. Can a tailor sew a good suit based on erroneous measurements taken by another tailor? Can a suit that has short 25 cm sleeves and 25 cm long trousers be a good suit – not to be worn, but to be followed by lower-court tailors?

Is there such a thing as a good interpretation of the rules against the background of erroneous factual findings. Is it possible to examine the authenticity of the coin by watching only the obverse?

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