[Download] "Pred V. Board Of Public Instruction Of Dade County" by United States Court of Appeals for the Fifth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Pred V. Board Of Public Instruction Of Dade County
- Author : United States Court of Appeals for the Fifth Circuit
- Release Date : January 09, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
This is another monument to needless waste of lawyer and Judge time and, perhaps more important, client money. For now, 14 months later, the case must go back to start the normal process of discovery leading to the production of facts or the demonstrated lack of them on which, either before or after a conventional trial, the real merits of the case will be determined. This is but a different prelude to the common refrain on the high mortality rate to a dismissal under F.R.Civ.P. 12(b) for failure to state a claim.*fn1 To the usual perils should be added the unsoundness -- both administratively and substantively -- of trying, in the orbital atmosphere of this dynamic era, to resolve new, but serious, questions of constitutional law on barebones pleadings. Courts ought not to be pulled into academic exercises on a case that factually may never be. Byers v. Byers, 5 Cir., 1958, 254 F.2d 205. Courts ordinarily should grapple with these problems on a factual record. Public Affairs Associates, Inc. v. Rickover, 1962, 369 U.S. 111, 82 S. Ct. 580, 7 L. Ed. 2d 604.
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