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The Official Beer

There was not a majority winner in the race for the official beer. We have a two way tie…Guinness Draught: 50% (2) & Nostradamus: 50% (2).

Someone may remember a vote for Shiner, I don’t, so there isn’t. I have asked the Court of the J&C Blog to determine the election. Since Mensrea is our legal eagle, I appoint & confirm him to the post of Chief Justice. Arlen Specter concurs.

Does this seem like a rigged poll? Too bad. We will await Mensrea’s decision.

Posted under Beer

This post was written by Junyor on October 6, 2005

Viewing 7 Comments

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    And we still await Mensrea's decision...
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    Here ye, Here ye.....

    The (dis)honorable Judge Mensrea is in session.

    This issue has significant impact on our social order of today and reaches every aspect of life. This is not one to be treaded over lightly. While caveman may be able to handle insurance, they would not have the faculty to handle this issue.

    In handling this issue, there are many legal issues which, while not brought up in oral arguments I must still consider. Lex est norma recti establishes that law is a rule of right and directly following from that is LEx est dictamen rationis which states that the law is the dictate of reason and the common law will judge according to the law of nature and the public good.

    I have in front of me to decide, two choices which in their own right are proper and good, for they are alcohol. On the one hand, there is Guiness. A fine Irish stout. Dark in nature, but well known, an easily recognizable tradename so others would know the official beer and draw upon it from all facets of life. On the other hand is Nostradamus. A very fine Belgium ale. More impactful than a Guiness. While the public may not know of the ale, they sure know of the philosopher and his foretelling of our doom in the year 1999.

    One must also always remember Placita de transgressione contra pacem regis, in regno Angliae vi et armis facta, secundum legem et consuetudinem Angliae sine brevi regis placitari non debent which means Please of trespass against the peace of the king in the kingdom of England, made with force and arms, ought not, by the law and custom of England, to be pleaded without the king's writ. I have no clue what that means, but it sounded good.

    Most importantly though, is stare decisis, to abide by, or adhere to, decided cases. This is the greatest tenstament of the legal system to assure continuity, consistency and fairness. The judicial system must respect the past and to adhere to these precedents and not unsettle things which are established. (Ballard County v. Kentucky County Debt commission, 290 KY 770, 162 S.W.2d 771, 773).

    Here I am met with precedent. In the case of J&C vs Poll booth (updated), the precedent of, to quote, "the poll closes without all votes in, Budweiser Select will be chosen by default ". This is the only case on record that has relevance on the issue. While the holding of the case is not directly on point, as there the issue was the non-closure of a poll by all participants, the theory that there was a tie and therefore a default was selected can be espoused.

    So now my decision does not rest between that of two choices, but a third, a precedent to be followed or not, which obviously makes the process more difficult.

    I must give utmost consideration to precedent, and I do not see a reason to overturn precedent, therefore I won't. No new law will be established today in this court room. However, I do distinguish that the precedent at hand has no bearing on this case. It is distinguished greatly that in fact that court held on the non-closure of polls and not on a tie of the polls, purely stated and therefore the application to this case is not binding.

    So that has ruled out Budweiser Select, and I am brought once again to choosing between the two parties of the suit. I am drawn to the record of the appelant case. In there I have testimony of a party involved, in which was stated "even though I didn't like it".

    For this court, the Official beer represents a lot, and that comment made by a pollster, signifies great truths. While even I enjoy a Guiness, I prefer Irish Stouts such as Beamish or Murphy's a bit more. It is hard for me to decide on Guiness when there has been great public banter about its non-palatability.

    However, not all of the public has had the ability to try a Nostradamus. The court must give consideration to the fact that not all may like Nostradamus either. However, that issue is not ripened. I can only rule with the record that is in front of me, and not on conjecture. Nor are some other issues for the court to consider as this issue is at the forefront.

    Therefore it is the holding of this tribunal that Nostradamus shall be declared the official beer of J&C. At the time all parties have had the opportunity to ajudge the quality of Nostradamus on their own merit, the court will reprimand the case for future hearings. Until then, the ruling of the court shall stand.
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    In summation, Nostradamus is the official beer of J&C.
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    I liked mens' summary better.
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    We need to find out the distribution, so we can all have us a try.
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    There are 3 pubs within 8 blocks of me that serve Nostradamus. Guess that answers it. I k now where we are all drinking ;)
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    Mensrea,

    Unfortunately that doesn't help those of us from "OUT OF STATE."
 

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