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Assume that you are a trial court judge in Nebraska’s state court system and that Sigler v. Patrick is one of the civil cases you must decide. Your research has revealed that the critical issue in Sigler is the same issue presented in Churchich v. Duda, a 1996 decision of the Supreme Court of Nebraska (the highest court in the Nebraska system). The Churchich decision established a new common law rule for Nebraska. Your research has also revealed that in 2007, the Nebraska legislature enacted a statute that states a rule different from the common law rule established in Churches. You believe, however, that the 2007 statute offers an unwise rule, and that the common law rule set forth in Churches amounts to much better public policy. In deciding the Sigler case, are you free to apply the Churches rule? Why or why not?

Assume that you are a trial court judge in Nebraska’s state court system and that Sigler v. Patrick is one of the civil cases you must decide. Your research has revealed that the critical issue in Sigler is the same issue presented in Churchich v. Duda, a 1996 decision of the Supreme Court of Nebraska (the highest court in the Nebraska system). The Churchich decision established a new common law rule for Nebraska. Your research has also revealed that in 2007, the Nebraska legislature enacted a statute that states a rule different from the common law rule established in Churches. You believe, however, that the 2007 statute offers an unwise rule, and that the common law rule set forth in Churches amounts to much better public policy. In deciding the Sigler case, are you free to apply the Churches rule? Why or why not?

 

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