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The Chip Board Archive 03

Superfluous statutory language ...
In Response To: Re: Even better ... ()

... I'll grant, Peter, that courts will be very reluctant to find a provision entirely superfluous and will frequently engage in considerable linguistic gymnastics to prevent that from happening (though, on rare occasions, it does).

But, I go back to the definition of an "original numismatic item":

>> Original numismatic item means anything which has been a
>> part of a coinage or issue which has been used in exchange or
>> has been used to commemorate a person, object, place, or
>> event.

For something to be an "imitation", there has to have been an "original" to "imitate". The "original", by the statutory language, must have "BEEN PART OF a coinage or issue".

As I read that, a fake chip can only be an "imitation numismatic item" (again, assuming coverage under the HPA), if it "imitates" an "original" (hence, a REAL CHIP).

This interpretation of the statute could survive the "superfluity" problem in any event. The example that JB gave us (the Fremont $25's) would, I think, be an example of an "imitation" item which purports to be an "original", but is not a reproduction, copy or counterfeit.

California has a Civil Code section which says, in toto, "Superfluity does not vitiate." One of my all time favorites.

Can you imagine how boring this conversation is to the non-lawyers out there? <g> ----- jim o\-S

Messages In This Thread

Would this be wrong??? Don't Even Answer!
Re: Would this be wrong??? Don't Even Answer!
Re: I'll answer, anyway.
What do the Candidates say about Hobby Protection?
Re: What do the Candidates say about Hobby Protect
BIG "IMPORTANT" CORRECTION ? (Good Stuff
John, I'd be interested in ...
Re: John, I'd be interested in ...
Re: John, I'd be interested in ...
Re: John, I'd be interested in ...
"In exchange" means ...
Re: "In exchange" means ...
No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: No "sides" here, JB ...
Re: "In exchange" means ...
Re: "In exchange" means ...
I'd still rather hear from a legal ...
Glad that we heard from a Numismatist Expert.
This is a laudable purpose ...
Re: Sounds.....
Here's why the HPA does not apply ...
Re: Here's why the HPA does not apply ...
The government of Nevada cannot ...
Re: John, I'd be interested in ...
What the ANA considers "numismatic" ...
Re: Thank you for your interest, Gentlemen...
The successful use by David Ganz ...
Re: The successful use by David Ganz ...
"HOBBY PROTECTION ACT"
Re: The successful use by David Ganz ...
Thanks for sharing this information ...
Re: Thanks for sharing this information ...
Re: Thanks for sharing this information ...
Re: Thanks for sharing this information ...
There is a problem with your theory ...
Re: The successful use by David Ganz ...
Re: The successful use by David Ganz ...
Re: The successful use by David Ganz ...
The surest way for a lawyer to get ...
Re: The surest way for a lawyer to get ...
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
Re: The surest way for a lawyer to Jimmied
I don't doubt that there are ...
Re: I don't doubt that there are ...
A fake chip on a "wrong" color blank ...
It would be a whole different thing ...
Even better ...
Re: Even better ...
Re: Even better ...Peter
Superfluous statutory language ...
Re: Superfluous Me
And just exactly what depradations ...
Re: There wouldn't be depredations....
Ah, but think how easy harvesting ...
Re: Superfluous statutory language ...
Our Conflicts of Laws class was ...
Re: Superfluous statutory language ...
Are you sure Carl and Mel are not ...
Re: Jim + Gene, Please read the lead post...
If the chip was not "issued" by ...
The partial list of things I don't know ...
"inquire into the issue of lobbying"????
I feel like Brer Rabbit, with the HPA ...
Re: Thanks, Jim. You've made that very clear.
A very "lawyerly" choice of words ...
This is exactly what David Ganz said:
Now you're starting to get it, John ...
Re: Thanks for walking me through it.
The HPA also covers political pins ...
Actually more than just pins ...
Re: Actually would "include" a lot more
The language in the statute ...
Re: John, I'd be interested in ...
"Stretching the limits" ...
Re: "Stretching the limits" ...
Yes Mr. Borland... WRONG, WRONG, WRONG...

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