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What the heck does this mean???

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Old Mar 7, 2005 | 04:20 PM
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What the heck does this mean???

On behalf of a friend of mine, I've been trying to look up a few things in the Tennessee Code. I thought it would be halfway simple and organized - like the California PC. NO SUCH LUCK Skippy! About half or two thirds appears to have been repealed at some time or another, and then I ran into this masterpiece of obfuscatory gibberese:

1-3-103. Conflicts within code.
If provisions of different titles or chapters of the code appear to contravene each other, the provisions of each title or chapter shall prevail as to all matters and questions growing out of the subject matter of that title or chapter.


The only thing I can make of that is IF the code disagrees with itself all of it applies...

So if one part says you can do something, but another part says you can't...

What do you do???
The only thing I can think is that if a broad and general statement in bold type contradicts something farther down the page, you go with whatever was written first. I think. I'm still not sure -
If the body of a document (which sort of follows) is written AFTER the topic - it would seem that the detail in the "Subject Matter" would have been explored in greater detail. Han Solo said it best: "I've got a bad feeling about this"


It beats the heck outta me...

This gets my vote as the most disorganized document I ever read.


~Wolf (stumped)

Here's a link to it: Tennessee Code
Am I the only one that gets lost in there?
 

Last edited by Greywolf; Mar 7, 2005 at 04:38 PM.
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Old Mar 7, 2005 | 04:42 PM
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Maybe I need an updated version. The "Official State Website" supplied me with that link, but there is an updated web address that turns out to have copies of the state code FOR SALE.

(Saw that one coming, didn't you? *winks*)
 
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Old Mar 7, 2005 | 04:42 PM
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Originally Posted by Greywolf

1-3-103. Conflicts within code.
If provisions of different titles or chapters of the code appear to contravene each other, the provisions of each title or chapter shall prevail as to all matters and questions growing out of the subject matter of that title or chapter.

"...provisions of different titles or chapters of the code..."
Ok, so same subject in two different titles or chapters.

"...the provisions of each title or chapter shall prevail as to all matters and questions growing out of the subject matter of that title or chapter..."
I would say that whichever title or chapter pertains most to the SUBJECT would be the one that prevails.

So, if the chapter about apples says "oranges must be yellow..."
and the chapter about oranges says "oranges must be orange..."
you would go with the chapter about oranges.

That's just my best guess though, don't go by me.
I agree that they could be a bit more clear.

I know nothing about Tennessee Code, just taking a shot at inerpreting that statement.
 

Last edited by Mike Roma; Mar 7, 2005 at 04:50 PM.
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Old Mar 7, 2005 | 04:49 PM
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I agree that they could be a bit more clear.
-One would think, since they could hardly be more vague...


>:o)

I have to admit - this is the kind of (stuff) that I find intellectually COMICAL. The scary thing is that it's serious
 

Last edited by Greywolf; Mar 7, 2005 at 04:53 PM.
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Old Mar 7, 2005 | 05:06 PM
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This is one thing that really,REALLY,pulls my chain!Why cant they write this crap in plain english?Ill tell ya why,so that we cant take care of ourselves!They write all this "mumbo jumbo" that way so that only lawyers can understand it.That way they make sure we have to hire their co-conspiritors in order to get anything done!Just think,If it was written in plain english,all the ambulance chasers would be out of work!
 
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Old Mar 7, 2005 | 05:10 PM
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Quote: 1-3-103. Conflicts within code.
If provisions of different titles or chapters of the code appear to contravene each other, the provisions of each title or chapter shall prevail as to all matters and questions growing out of the subject matter of that title or chapter.

I used to write contracts so I guess that is why this seems clear to me. What it says is that if you are dealing with Widgets and there is another chapter/title on Gizmos that contains language that opposes the provision(s) of Widget, then the provisions of Widget will prevail. I have seen two lawyers look at the same provisions of a contract and come up with totally different opinions so I don't know what us laymen are supposed to do when decoding legalese. Good luck.
Dono
 
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Old Mar 7, 2005 | 05:31 PM
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What it smells like to me is a loophole - one which is open to interpretation by whomever is sitting behind the bench at that particular moment. In certain quarters, such a thing could be highly useful. Whoever is in the office - MAKES THE LAW insofar as how it affects specific cases.

From my perspective - it's all the more reason to have it clarified!

I don't like the idea of "LAW" that can be tailored one way or the other depending on the personal opinion of whoever is administering it at the time...
 

Last edited by Greywolf; Mar 7, 2005 at 05:39 PM.
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Old Mar 7, 2005 | 05:38 PM
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a warehouse ive been working at this winter had some books for some customers that were to be distributed for the Minneapolis Police department. some of it makes no sense, i dont even know how the police can understand it.

a few things i thought were funny-
" it is illegal to participate in pig greasing " i forgot what the charge is, probably just a petty misdemeanor, but... what the heck is pig greasin?!?!?
also-
"it is a FELONY to commit suicide"
can a person hire an attourney to defend them in court for the charge of commiting suicide ?

anyways... laws all suck. i agree with you that they dont make any sense and could definantly be worded better.
 
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Old Mar 7, 2005 | 05:49 PM
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LAW is the essential contract under which we as individuals cooperate and work together to make of ourselves the best that we can be as a group; and with which we protect our homes, our families, our neighbors, and ourselves - our freedom, our rights, and our futures as individuals.

Law is the choice between sanctuary, and absolute CHAOS.

It is constantly argued back and forth that at times there seems to be TOO MUCH law, and at times (regrettably) not enough. But without law - none of us would have much of anything. None of us would be safe...

It is (in my view) immeasurably important to ensure that there is TRUE law in our communities. LAW that serves everyone equally.

When it doesn't - it is our job to try to fix it as citizens of our communities...

As PEOPLE

As human beings.


It is the fundamental basis of society - without it we can't work together



~Wolf

PS: Builtoughf250 - don't take this as a jab at you. I needed to express my understanding of what law was meant to be, and I think you will find it true. Unfortunately the LAW is influenced many times (or attempted to be) by people serving their own interests. This is why we need to keep an eye on it, and never ever fail to VOTE!

PPS: And yeah - you can quote me...
 

Last edited by Greywolf; Mar 7, 2005 at 06:12 PM.
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Old Mar 7, 2005 | 06:12 PM
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From: inver grove heights MN
Wolf- i didnt notice any jabs there. ill re-read it to see if i overlooked a reason to get mad! j/k

i realize you are in a tough position trying to help your friend and are frustrated, i just put that post up to maybe... enlighten the situation of the post i guess? well... while laws are to keep up safe, i look back on all the money i spent on speeding tickets!

anyways... you arent in a "happy" position but keep your chin up and try to fake a smile for us. hopefully things will work out for you.
 
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Old Mar 7, 2005 | 06:36 PM
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Buddy - When I SMILE: it ain't a fake....

*GRINZ*

(It do make some folk a tad nervous from time to time)

>:oD

But you know - I had reason to think over a lot of things in the last few days. Whats going on and why - how much I really know about these people and this place, and I kinda wonder about a lot of things.

Chiefly - how could it BE thissa way. There might be more here than I bargained for, but then again:

I never met anybody that didn't want to be decent at heart. Although I have met some that were way beyond redemption.

My friend made his own road, really. Or at least is living in it....

The influences out there are another story.

Back and again I keep thinking that what we do unfairly eventually is brought back to us by whatever you want to think of it as:
GOD
KARMA
FATE
JUSTICE
GUILT

Eventually what we do smacks us all right upside our little punkin' heads...
And we can't run from ourselves

Strange isn't it? That this thread talks to two different kinds of justice before it's over?

I get mad, downright angry - I admit that. I'm just like anyone else. When I think something is unfair I RAIL against it. But it ain't mine to take vengeance.

And I try not to think like that, because I know it makes hateful things happen.

It isn't mine to do.

And I can't live anyone elses life, I have enough trouble with my own.

The hardest thing of all to learn is to not hate



~Wolf
 

Last edited by Greywolf; Mar 7, 2005 at 06:39 PM.
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