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The week's question
In December 2024, in the thread "Re: BRK: Why Not XOM?", BreckHutHigh asked the members: "What about the long road trips with kids?" This week it is put to everyone again. The button below opens the small thread re-asking it - read what others have said so far, then give your own answer as an ordinary reply.
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Author: albaby1 SILVER
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Number: of 84364 
Subject: Re: The Cannon Jury Instructions
Date: 03/20/24 5:31 PM
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Hang on. Isn't his argument here that the case should be dismissed based on the PRA?

Yes. Trump is arguing that the PRA creates an issue at law that prevents the case from moving forward. Issues of law are decided by the judge - whether it’s a jury trial or not. So if the documents are “personal records” as a matter of law, because they are exempt from review, the judge can (and should) decide that question before the trial.

If the judge decides that the documents are not exempt from review, then they are back in play to serve as the basis for the crime that was alleged. But the body that conducts the review would be the jury, if that is a question of fact.

Many (most?) trials involve intertwined questions of fact and law. Depending on the posture of the case, sometimes one side can win on the law alone, while the other side needs to prove both their legal and factual argument.


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This community has written 84,309 posts about US Policy. The article-length ones it recommended most:
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