My purpose with this blog is just to explain, in plain, non-legalese speech, my understanding of a concept or term or principle that you may have come across at some point. I’m certainly not the end-all nor am I providing legal advice or legal counsel, just my opinion and some resources for follow-up or further info. I hope it might be helpful (and even moderately entertaining), but as I’ve always told the audience at presentations, don’t rely just on me or the handouts I provide. Consider the source, research it yourself from reliable resources and draw your own opinion. That goes for anything out there, especially the internet!
So, the first point of this blog is that when you ask (whether you pay for it or not) an attorney’s point of view, that’s really all you’re getting, one opinion. Sure, they'll rely on the laws, their experience and legal precedent in their response, but since each case turns on the specific facts, laws and rules of the jurisdiction, the best answer an attorney can usually give is the dreaded "it depends". A "one answer fits all" or "slam dunk" has yet to exist or if it does, I want to know!
Still, there are basic principles and tenets, like the Constitution and its Amendments, that can form starting points. Most understand that the U.S. Constitution confers “rights and privileges”, but what does that really mean? When someone says “I have a right”, is it absolute? And a right against who exactly? What happens if one person’s right interferes with another person’s right? Yikes. I have a headache already. Yes, it’s in the interpretation and application of the law that everything goes haywire. I'll do my best to get us through this mental maze!