#Boneless Tuna Supreme

[thealogie]

wait i'm a little confused about the boneless wings case. how can a law be made without passing through the house of representatives & senate? according to google there's only 7 people in the ohio supreme court, how can they have the power to make laws? i tried looking this up but i just got more confused 🫠

(as you can tell i'm not american but i know there's two chambers, i assumed they'd have a similar function to the ones in my country)

Oh boy. Ok here’s a mini explanation without teaching you a first year law school curriculum.

In the United States, Congress can pass laws (like you said both the senate and the House of Representatives have to pass it) and the president signs. States can also make laws (by passing them through their state congresses) and laws about things like chicken bone accidents are usually made by states.

But courts can also make laws by interpreting the constitution or by interpreting the laws made by state or federal governments. For example, if Congress passes a law saying “criminals can’t have guns” courts can interpret what “criminals” means (no law saying exactly this im just providing a random example) and in that way they are also making up part of the law.

So the problem here isn’t that the court made a law. It’s that it made such a stupid law. Basically, the man who had bone stuck in his throat sued the restaurant for “negligence,” which generally means “you caused an accident by behaving unreasonably and now you owe money to the person you harmed.” In this specific situation it means: “no ordinary/reasonable restaurant would serve my food which is advertised as a boneless wing with a bone in it. You caused this accident and owe me money.”

The usual rule is: the court doesn’t decide what’s “reasonable.” A jury has to decide that unless the facts are very extreme and then the court can decide. For example, if I serve you a whole chicken and you decide to chew and swallow all the bones it’s clearly not my fault that you’re internally bleeding. On the other hand, if I put a giant rock in your tuna sandwich and you break your teeth, that’s clearly my fault cause no one would expect a tuna sandwich to have a big rock in it. But in between cases are supposed to go to a jury.

So the crazy part of this case is that the court said “no need to send this to a jury, anyone in their reasonable mind would expect something that’s advertised as a boneless wing to have some bone fragments in it and you should have been more careful eating it!”

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