Appellate Practice
Oct. 20, 2015
Same basic facts, different conclusion
Drawing different conclusions from the same basic facts is not good for the law.
2nd Appellate District, Division 2
Brian M. Hoffstadt
Associate Justice
California Court of Appeal
UCLA School of Law, 1995
In 1915, a cartoonist named A.E. Hill published a drawing called "My Wife and My Mother-In-Law." Depending on how the viewer looks at that drawing, she either sees a very young woman (presumably the wife) or an older one (presumably the mother-in-law).
Drawing different conclusions from the same basic facts makes for a fun optical illusion and brain teaser, but it is not good for the law.
The California courts are grappling with just such an issue right now.
First, some...
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