How My Son's Insight May Have Saved Poker

[Mendacious]

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[/ QUOTE ] 4 In the US, judges determine law, juries determine facts. whether poker is more chance than anything else is a question of fact.

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I agree with the first statement and feel that the that the second statement cannot be true. Essentially, you are saying that a jury decides whether an activity is prohibited by law or not. IMHO if any court has allowed a jury to make this determination as a matter of fact, then that court has committed reversible error.

[Skallagrim]

There is a point of law that lets judges decide facts when there can be no reasonable dispute about the matter. If there can be a dispute about the facts, a jury decides the facts.

When a statute says its a crime to drive "recklessly" a defendant can argue to the jury that he wasnt reckless even if he otherwise admits that he was going 70 in a 25 zone while talking on his cell phone. Not that I would want to be that defendant's lawyer, but he can make the argument.