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| Joined: | Mon Nov 21st, 2005 |
| Location: | California USA |
| Posts: | 6399 |
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The Judiciary Act of 1789 has a description of admiralty process on Page 77 including, “…saving to suitors, in all cases the right of a common law remedy where the common law is competent to give it,”
This caught my eye, how we default into admiralty law whenever the common law is incompetent. The system of common law in America is in a nutshell, case law, or stare decisis. In this system the authority to practice law from the bench resides in county and municipal judges, what many people consider to be the bottom of the totem pole. True. But above them all the appellate judges are disallowed to practice law and must abide in “authority”. This authority is argued on appeal through case opinions or precedent. When this system is bonded and operating under the published constitutions, statutes and rules then it has been proven functional and competent to deliver justice