An Introduction to Rules Lawyering

[Laok]

Emergency vehicles and park service vehicles. One would be expected to know if one is driving an authorized vehicle.

"Did someone tell you you could drive your Vespa in the park?"
"No..."
"Then you can't drive your Vespa in the park."

[Derubael]

Case 1, 2, 3, 4, and 5:

Banned without parole or chance for a Stealin appeal.

[Laok]

The signs on the highway turn-arounds say "authorized vehicles only" no other explanation needed.

[mefdinkins]

Originally Posted by Laok [You must be logged in to view images. Log in or Register.]

Emergency vehicles and park service vehicles. One would be expected to know if one is driving an authorized vehicle.

"Did someone tell you you could drive your Vespa in the park?"
"No..."
"Then you can't drive your Vespa in the park."

No one told that old gnome he could drive an electric motorized scooter through the park either? Is that legal? It would be a 'motorized vehicle'? The electric motor is small/quiet, it shouldn't disturb anyone, it's unlikely he would run over people walking/playing in the park like a car could.

[Laok]

Did he get special dispensation from city hall? No? Then his scooter is not authorized.

He would know if he is authorized. Likely the park rangers would have permits and stop people with unauthorized vehicles and either force them to leave or buy a permit thus becoming authorized.

[mefdinkins]

Originally Posted by Derubael [You must be logged in to view images. Log in or Register.]

Case 1, 2, 3, 4, and 5:

Banned without parole or chance for a Stealin appeal.

hahah can you confiscate the clarity/ice cream truck for being used during the commission of a crime and give the items/buffs to me!?

[drktmplr12]

what happens if the tree trimmer wants the enchanter to give him icecream, but doesnt want to leave the park? Can he authorize the vehicle?

[Laok]

Originally Posted by drktmplr12 [You must be logged in to view images. Log in or Register.]

what happens if the tree trimmer wants the enchanter to give him icecream, but doesnt want to leave the park? Can he authorize the vehicle?

Is the tree trimmer city hall? No...

The tree trimmer needs to take his lazy ass to the park zone line and get his damn icecream.

[mefdinkins]

Originally Posted by Perissh [You must be logged in to view images. Log in or Register.]

You do realize that all these arguments you're making would be laughed at in court right? If i was a judge, and someone came into my court room, trying to turn around the laws like your spinning everything, i would find them guilty just on the fact of their own ignorance.

Perissh, I'm not trying to spin anything. I'm asking you to make a decision based on some different scenarios that could give rise to controversies then I'm asking you why you would make that decision. That is the learning exercise.

There are many different methods of judicial interpretation some judges (and perhaps you) would be called 'textualists' they would look specifically to the text of a rule and a dictionary and then enforce the rule as is. This method has benefits including simplicity: read the rule, enforce it. This method of judicial interpretation puts a lot of onus on the people drafting laws/rules to make sure it is clear and fair. However, this method also has been criticized and some people say can be used to justify unfair judicial decisions, it also creates problems when rules are ambiguous.

When judges are unclear about a possible result they may use other canons of construction to determine how to interpret a rule. One canon suggests that you should interpret a rule to avoid absurdity or a manifestly unfair decision. Certainly a textualist could see an electric wheelchair (w/ a motor) as a 'motorized vehicle. However, a judge may view the laws and determine that it is manifestly unfair (and possibly violative of other rules/laws) to prevent an individual with a motorized wheelchair from entering the park. In that case, the judge would make a ruling that the term "unauthorized motor vehicles" does not include motorized wheelchairs.

[Laok]

The first time this situation arose, the judge would probably either, declare that all motorized wheelchairs operated by a handicapped individual were authorized, or set up a system for permitting wheelchairs so that they become authorized on an individual basis.

If I'm the ranger or cop, depending on my mood, I'm either looming the other way (and setting a precedent), or I'm enforcing the letter of the law.