| jeordiara |
Ngày: Thứ năm, 09-05-2013, 08:25 | Message # 1 |
|
Nhóm: Tham dự viên
Bài viết:
|
To avoid judicial encroachment into the legislature's role, the act a statute proscribes must be at least clear enough to avoid arbitrary enforcement. See Wershow, 343 So. 2d at 607-08; Lee, 191 So. 2d at 37. If the proscribed act is not made clear by the statute or some source outside the statute, such as the custom of a particular profession or trade, then those enforcing the statute may do so arbitrarily. That is exactly what could occur with section 817.234(1). One judge and jury might conclude that an attorney submitting a demand letter to an insurer without all relevant medical reports violated the statute, while another judge and jury might conclude an attorney was simply acting in accord with the rules and statutes concerning the confidentiality of medical records. Cf. Lee, 191 So. 2d at 37. The risk of arbitrary enforcement was, in fact, demonstrated in this case by the State's decision to alter its interpretation of section 817.234(1), with regard to the degree of disclosure the statute required, three times during the course of the proceedings. 355 Can Type 1 Diabetes Be Cured Naturally <a href="http://oregonmleb.com/">diets for diabetes</a> Class A B C Diabetes Cure 859
175 Best Cure Your Diabetes Now <a href="http://oregonmleb.com/">test for diabetes</a> Treat Boost Diabetes Control Drink 157
806 Explain Two Ways To Prevent Diabetes Cure <a href="http://oregonmleb.com/">cure for diabetes</a> Treat Can I Get Rid Of Diabetes By Losing Weight 166
http://oregonmleb.com/ |
| |
| |
