Newspapers / The News-Journal (Raeford, N.C.) / Sept. 9, 1982, edition 1 / Page 15
Part of The News-Journal (Raeford, N.C.) / About this page
This page has errors
The date, title, or page description is wrong
This page has harmful content
This page contains sensitive or offensive material
LAW For Laypersons The theory of precedent, al though it is often controlling and requires a certain income in many cases, is a rather loose concept. Technically, if the facts of the previously decided case are slightly different from the facts of the new case, the outcome in the previous case need not be followed in the new case, because the cases are not really alike. Even if the facts are quite different, however, a court may still follow the previously decided case under the therory of precedent because the cases are analogous, even if their facts are not similar. In addition, although a previously decided case may appear to be a perfect precedent for a present case because of similar facts, a court may decide the present case differently because the older case was decided by the court of another jurisdiction or by a court inferior to the court making the present decision. The theory of precedent can be loosened even more in other cases. For example, suppose that you have a new controversy which if factually very similar to a pre viously decided case which was heard by the very same court to hear the present controversy. In short, the previously decided case seems like a perfect precedent which will require the court to decide the present case in a similar manner. Is there any way that a lawyer could logically argue that the previously decided case should not be followed? The use of the historical argu ment has been very effective in a situation when a lawyer finds an unfavorable precedent controlling I his case. The idea is that the older case must be viewed in its historical setting. Imagine that the case which acts as precedent is one hundred years old, and even though it is factually very similar with the present con troversy, the lawyer has looked into the historical setting out of which the old case arose. He may well be able to argue that certain factors i which made the decision acceptable in years gone by are no longer present. He may press upon the court that intervening events render the older decision out of keeping with modern legal development. This historical approach has often changed a judge's mind about the value of an old case as precedent and brought about growth or change in the law. The theory of precedent, that like cases should be decided alike, may be varied as a result of historical or sociological argu ments. Surely an earlier case should not control the outcome of a present case if that earlier case arose in a different historical setting or if the case is just contrary to the way that society acts. Lawyers have also argued against the application of precedent in cases in which economic considera tions call for a different outcome. Assume that you as a lawyer have a case of a consumer who has bought from a manufacturer a certain product which turns out to be defective. The manufacturer made no written warranty about the performance of the product but because the product does not do what it was manufactured to do. you want to sue the manufacturer for the product's defect. You reason that the product should certainly do what it was manufac tured to do. Unfortunately, you find that an earlier case with a consumer in a similar situation denied recovery against the manufacturer because no written warranty was made about the performance of the product. According to the theory of precedent, that like cases should be decided alike, your present-day consumer should also not be able to recover against the manufacturer since there was no written war rinty. An economic argument, how ever, might be used to convince a judge that the earlier precedent should not demand a similar outcome. For example, you might argue that the manufacturer, which gets a considerable profit on each product, can bear the loss of one of its products being defective every now and then more easily than a customer can bear that same loss. In fact, you might point out that if the manufacturer knows it must bear the loss for a defective product, it can protect itself by raising the cost of etch product just ? little so that it will make enough extra money in order to cover the risk of loss H will have for a defective product. In this manner, the risk of lots to the manufacturer is spread over all of the people buying the product rather than being placed just on the one consumer who happens to buy the defective product. Of course, the manufacturer could make an economic argument on this point as well. It might argue that the sale of this particular article is so competitive that it cannot raise the price on each article enough to compensate it for any loss that it might have to bear for a defective product. In addi tion, it might argue that it will be put out of business, and the product will no longer be manu factured if it must bear the loss for every defective product. In summary, an economic argu ment requires that lawyers and judges look at all the facts sur rounding a particular problem and take into account economic con siderations. If those economic con siderations are indeed valid and were not considered at the time the prior case was decided, the theory of precedent should, perhaps, not b<j followed. "This article is written as a matter of general interest only. It is not to be construed as legal advice, and you should not rely on the statements made in any specific case. If you have a particular question or problen , you should contact an attorney. " Things That Matter by Lucien Coleman THOUGHTS ON CHURCHLY EDUCATION I did a double-take when I spotted this sign out in front of a church-sponsored school the other day. The sign had the name of the school on it. Then, under that, iust three words: Discipline -- Patrio tism -- Athletics. Now, there's certainly nothing wrong with discipline, patriotism, or athletics in an educational institution. I'd vote for all three. But they don't exactly set a Christian school apart from others. That isn't to say they are un christian. They simply aren't un iquely Christian qualities. For instance, the ancient Spar tans. who were on the scene 400 years before Christ, were big on all three of those virtues. To them, patriotism was virtually synony mous with manhood. Athletic training was a major part of their education, not just a sideline. And they certainly were disciplinarians. So much so that "Spartan" is a synonym for rigorous discipline even today. But the Spartans didn't regard any of these as basically religious attributes. To take a more modern example. Hitler's Nazi Germany placed a lot of emphasis on discipline, patriot ism, and athletics. And so does the Soviet Union today. But in neither case did these spring from Christian roots. You might think a Christian school would choose a slogan with a distinctive scriptural tone to it, like, maybe, "faith, hope, and charity." But. then, who wants to pay hard-earned tuition money for something as bland as faith, hope, and charity? Schools don't award letters and trophies for things like that. Have you ever heard anyone brag. "Hey, my kid was all-state in faith this year"? A few days later I was telling a friend about my reaction to the sign mentioned earlier. "I can give you a personal testimony." he said. "My son went to a church-operated academy for a year. Their major emphases were God, country, and sports -- in reverse order." This brought to mind a comic strip I had seen a few years ago. The scene was a locker room, just before a game. The coach was whipping the team into a pre-game frenzy. "What is the word?" he bel lowed. "Kill!", they responded. "I can't hear you," he shouted. "What is the word?" "Kill! Kill! KILL!, they hollered. "That's better," the coach said. "Now let's bow our heads for our team prayer. Our Father . . Gigantic Two Family YARD SALE Sat., Sept. 11 8:30 a.m.-2 p.m. 1004 E. Donaldson Ava. Lots of Children m Clothes In Vsry Good Condition. Linens. Bedspreeds. Dishes, Household Items. WANT HjHSHSHS lD S3 NOTICE All classified advertising must be paid for in advance unless you have an established adver tising account. Classified ad rates are 10 cents per word with a minimum of $1.50. The classified advertising deadline is 2 p.m. each Tuesday. <3 REAL ESTATE FOR SALE: Residential lots, city water and sewer, financial terms can be arranged. Contact Younger Snead, Jr. at Hoke Auto Co. Phone 875-5591 between 7:30 a.m. and 5:30 p.m. TFC FOR SALE: By owner. Nice 10 acre tract. Perfect for mini-ranch, with secluded home site. Call (704) 283-2442 day; or (704) 289-8127 night. TFC FOR SALE: Two bedroom house, 513 Grant Ave., Raeford. For in formation call 212-652-0459 after 8 p.m. week days, anytime Satur days and Sundays, Mrs. McAllister. 18-21P A HOME OF YOUR OWN: Use your Farmer's Home eligibility to build a home on your lot or ours. Payment as low as $150. Call Tom Kennedy collect, United Realty, 483-5353. 20P Own your own Jean-Sportswear, Infant-Preteen or Ladies Apparel Store. Offering all nationally known brands such as Jordache, Chic, Lee, Levi, Vanderbilt, Calvin Klein, Wrangler over 200 other brands. $7,900 to $16,500 in cludes training, fixtures, grand opening promotions. Call Mr. Kostecky (501) 327-8031. 20P CARD OF THANKS 1 am really sentimental about my friends who have remembered me. My diagnosis was a shock, but when I see all the cards, flowers and gifts from friends I forget myself and think of them. You are wonderful!! Pauline McFadyen. 20P The News-Journal makes every effort to publish only reliable ads. We urge our readers to carefully consider their invest ment and if you have doubt regarding the offer, to in vestigate carefully. An old flame can break your heart. 69 A Public Service of This Newspaper ?St The Advertising Council Church Of God Mission Sale Missionary Worker Joan Muggins PliASC THROW NOTHING AWAY We Accept Demotions of furniture. Ap plionces Cars Clothing. Toys Books. Dishes & Misc Items of All Kinds These we repoir sell & donote to hardship families given to foster children & church ministry All donations are tan deductible & receipts glodly furnished for pick up Call 281 4743 onytime F? Terrific l?yi mi (arfaMi ikf At The MilliiR NCW I USIO FUtNITURt & APP1IAWCR, CLOTHING 4 000S A (NDS. OffN t DATS win t TO S. Tali* 211 N to Part* R?ttaur?nt. turn loft b 90 straight appro* ? mito? ft watch for Mlaakm Sato ngn on rlfht Approx. 9' x 12' BRAIDED RUGS - $59.95 - 100?7o WOOL ORIENTAL RUGS - $299.95. 50% OFF on Seconds. Over 10,000 Rugs. 919-576-3211, Troy, N.C. TFC Two hundred incondesent light fix tures. Will sell separately. Can be seen at School Maintenance shop on Hwy. 211 Cutoff or see Joe Soles. 875-4263. 19-20C Sweet Potatoes. David Baker, 875-2567. TFC FOR SALE: 4 piece living room suit. Excellent condition. Call 875-8641 after 5:00 p.m. TFN Childs furniture, twin bed, chest, toy box. 875-5235 after 5 p.m. 20P Grapes, you pick, 45 cents lb., 875-4833. 20-21C Trumpet and case, $125.00. Call 875-2710. 20-21C Sweet Potatoes. Ernest Phiefer, 875-8524. 20-22P Whirlpool washer and dryer. 875-2482. 20P Honda 550 motorcycle, excellent cond. $1000. Call 875-8873 after 5 p.m. 20C 1 Alto Saxaphone & 1 Tenor Sax aphone, good condition, call 875-8873 after 5 p.m. 20C GRAPES, SCHOOL ROAD ONE MILE NORTH OF 71ST H.S. CLOSED ON SUNDAY. 20P Repossessed mobile homes for sale. $295.00 to $495 down. Con ner Mobile Homes of Raeford, phone 875-3811. TFC Mobile homes for rent. Call 875-3811, Tiger Mobile Homes. TFC FOR RENT: 2 bedroom furnished trailer. $150.00 per month plus $75.00 deposit. No pets. Call 875-8666 or 875-3283. LaFayette Woods Mobile Home Park. TFC 2 bedroom mobile home, couple's only. Reference plus deposit re quired. Call 875-5039. 20 P SERVICES Household furniture upholstered -by experts. Call Hoke Auto Co. 875-5591. TFC Autos reupholstered by experts. Call Hoke Auto Co., 875-5591. TFC ii Will do TYPING in my home. Call 875-3447. 19-20P Keep infants in my home anytime. Call 875-3304. 19-20P Will keep children in my home 1st or 2nd shift. 875-8560. 20P CAROLINA Model Homes We Have Repos For Sale In Raeford & Red Springs Area: Call Collect (919) 485-4111 or write P.O. Box 64849 Fayetteville, N.C. 28306 WHEEL ALIGNMENT NEW TIRES and RECAPPING MCDONALD'S TIRE RECAP. SERVICE PHONE 875 2079 114 RACKET ALLEY A STEWART STREET COOK. PART TIME. EX PERIENCE PREFERRED. WAGON WHEEL, 875-5752.TFC AVON: We HAVE 3 OPENINGS in RAEFORD. Must be over 18. Call collect 483-7071. 20C NATIONALLY known company is seeking a salaried sales represen tative for this area. No travel, start ing salary plus incentive increases as earned. Give complete background and experience in let ter to P.O. Box 1807, Fayetteville, N.C. 28301. Equal Opportunity Employer, M/F. 20C CRUISE SHIP JOBS!! All oc cupations. Great income potential. For information call 312-741-9780, Dept. 2494. 20P MANPOWER/TECHNICAL ASSISTANCE COORDINATOR: A dual position with responsibility of conducting Manpower Impact Evaluation Study and liaison work with town and county governments in varied fields such as the provi sion of census data, planning, and research documents. Must be con scientious. capable, have initiative, and work well with people. Must have a Bachelor's Degree or equivalent combination of educa tion and work experience. Salary range $10,559-$12,254. Submit resume by September 16, 1982 to Lumber River Council of Govern ments, P.O. Drawer 1529, Lumberton, N.C. 28358, Atten tion: Chief Administrator. An Equal Opportunity Employer. 20C $106.80 Daily Earnings working one to three hours a day at home. Your earnings fully guaranteed in writing. For complete details and application please send a stamped, self addressed envelope to R.E.M., Route 2, Box I, Raeford, N.C. 28376. 20P 4-wheel farm Wagon, twelve hun dred bushel grain bin with blower. Tel. Day 875-5132, night 875-2246. TFC Jeeps, Cars, Trucks under $100 available thru gov't sales in your area. Call (refundable) 1-714-569-0241 ext. 7343 for direc tory on how to purchase. 24 hours. 19-21P HOMES & LAND REAL ESTATE, INC. (In Front of Burlington Mills) Tel. 875-5132 Night 875-3562 875-2246 Roeford Repair Service PLUMBING fir HEATING HOME IMPROVEMENTS Dewey Inman, Owner Phone 875-4462 RAEFORD. N.C. JACK S THRIFT SHOP MAIN ST Wff buy and sail usad ft new turmture ap plianras baddmg odds (t ands of valua We do woodwork and mcoma tan rat urns 875-8802 Painting, Paperhanging & Cleaning We Aren't Good By Accident -? We're Good Because We Want To Be Good CALL FOR A FREE ESTIMATE Douglas Sapen Painting & Decorating Tel. 875-3451 TiftMITB? tAll 944-2474 LOCALLY OWNED & OPERATED Complete Pest Control Service ? Specialized in Residential Commercial & Industrial Pest Control Free Estimates ABtoDUN EXTERMINATING CO. a YARD SALE Saturday, 8 a.m.-l p.m., 109 Stable Place (Thomasfield Subdy) childrens winter clothes, toys, misc., household items. 20P Saturday, Sept. II, 8 a.m., 318 Old Farm Rd. Clothing, old stereo, household items, fire screen, etc. 20C Saturday, September 11, Lots of clothes, other misc. items. On Palmer St., near Catholic Church. 20P BIG YARD SALE: Saturday, September 11. Across Hillcrest Grocery on Old 401. 9:00 a.m. 20P BIG YARD SALE: 413 W. 6th Ave., 9 a.m.-2 p.m. Saturday, September 11. 20P Saturday, September 11, 8:30 a.m. until -- McLean St. Clothes, toys, boys, 20" bike, misc. acces. 20P Saturday, September 11, 8 til 1 p.m. 115 S. Wright St. Clothes, toys, household items, misc. Come and find a bargain!!! 20P MCDONALD'S TIRE & RECAPPING BUYS lunk & Salvaged Cars Call 875 2079 ROOFING Specializing In All Types Insurance Repairs Call For Free Estimate On Any Construction A & G CONSTRUCTION Archie Maxwell. President Tel. 875-4885 TftR H??Ljnnn? HEftTMG b COOLMG, MC. ROUTE 11, BOX 180 D FAYETTEVILLE, NC 28304 (919) 867-4193 Raeford, N.C. 875-8120 For Energy Fitness. /CARTEKK / REALTY \ 211 So. Main St., Raeford, N.C. Office 875-3724 Horn 875-3015 NEAR ARABIA 3 BR., 2 Baths, Den w/Wood Stove - Nice Quiet Area. HILLCREST 3 B.R. - 1 Bath, Next To Fire Station. Remodeled Inside. $17.900 HARRIS AVE. 3 B.R. - 2 Baths, L.R., Dining Room, Kitchen, Sun Porch, Carport, Over One Acre plus Summerhouse. NEAR UPCHURCH SCHOOL 3 B.R. Brick Home. Carport. NEAR AIRPORT 3'/a Acres Land E* 14x70 Trailer ft Barn. 227 DICKSON STREET 3 B.R. -1 Bath, Equity & Low Interest Loan Assumption. $16.000. HILLCREST AREA Old Hwy. 401 3 B.R. - 1 Bath, L.R. w/Fireplace. Over 1600sq. ft. Nice Shaded Lot. 223 DICKSON STREET 2 B.R. - 1 Bath. Large Utility Room. Remodeled Recently. Nice. COMMERCIAL Near Hwy. 401 - Large - Fenced w/Over 2.800 sq. ft. Under Roof. 507 N. MAQNOUA ST. Suitable For Starter Home, Or Could ?e Made Into Duplex.
The News-Journal (Raeford, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 9, 1982, edition 1
15
Click "Submit" to request a review of this page. NCDHC staff will check .
0 / 75