Ok, time for a legal joke. I saw this one at the
Volokh Conspiracy blog today:
Three judge friends, one from the District Court, one from the Appellate Circuit and one from the Supreme Court, decided to go pheasant hunting one day. They all agreed that they would only shoot pheasants and they would make absolutely sure it was a pheasant before they shot.
The Supreme Court Justice went first. Off in the distance the hunting dog rustled up a bird that flew into the air. The Supreme Court justice lowered his gun and spoke of what a difficult decision it was to determine whether or not a bird was a pheasant. He launched into a narrative history of bird classifications and quoted from Audubon. By the time he finally finished with this soliloquy — and determined that his conscience compelled him to conclude that the bird was indeed a pheasant — it was nowhere in sight.
The Appellate Judge went next. When he saw a bird rise, he announced that he had formulated a three part test to determine whether or not a bird was a pheasant. He then began a long and complicated application of the test but by the time he was finished, the bird was barely a dot on the horizon and way to far to shoot at.
The District Court judge went last. No sooner had he walked a few steps then something shot up from the brush a few feet in front of him. Instantly he fired his shotgun from the hip and there was a huge explosion and nothing but feathers and a beak fell to the ground. The District Court Judge then turned to the other two and said, “hot damn boys I sure hope that was a pheasant!”