If someone claims that "the law says this, but nobody including the government knows it" (as with those flag fringe claims), they're probably cranks. (Alternatively, they've spotten something interesting and should find a good lawyer/bring a lawsuit.)
Beyong that, it's often useful to ask people for chapter, section, etc. of the law. That is, if someone says "The law says xxxx," ask them which law. That might help you identify the people who are working from old memory (for example, I have read the NY State Penal Code, but that was at least 22 years ago, and I'm aware that memory is fallible and laws change). It's also useful for figuring out if, say, someone is invoking "the law says" when what's actually the case is that the law in some state other than the one you are currently in says something. And if they do give you a citation (even an approximate one) you can check for yourself and try to figure out if it says what they claim it does, and if it applies. (For example, if they say "Ninth Circuit, case thus-and-such, 2006," it doesn't apply to you, because federal court decisions at that level are binding only for the part of the country that court is for, and the Ninth Circuit often disagrees with other federal appeals courts.)
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zvi and
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Date: 2008-08-23 02:46 pm (UTC)Beyong that, it's often useful to ask people for chapter, section, etc. of the law. That is, if someone says "The law says xxxx," ask them which law. That might help you identify the people who are working from old memory (for example, I have read the NY State Penal Code, but that was at least 22 years ago, and I'm aware that memory is fallible and laws change). It's also useful for figuring out if, say, someone is invoking "the law says" when what's actually the case is that the law in some state other than the one you are currently in says something. And if they do give you a citation (even an approximate one) you can check for yourself and try to figure out if it says what they claim it does, and if it applies. (For example, if they say "Ninth Circuit, case thus-and-such, 2006," it doesn't apply to you, because federal court decisions at that level are binding only for the part of the country that court is for, and the Ninth Circuit often disagrees with other federal appeals courts.)