Laws can be complex and sometimes conflict--and how they are decided depends on the venue they are heard in and by whom they are heard. What seems like a slam dunk (either way) often isn't -- depending on the judge or jury. Especially if there is activism involved; many decisions involve not only the law but also what the person hearing it and deciding it wishes it to be and court in civil cases is usually a roll of the dice (with the defendant usually having a greater risk of loss). This is why the overwhelming majority of cases settle or bargain a plea.
FWIW regulatory or state agencies usually win because they operate kinda outside of traditionally defined law.
A good lawyer knows the law.
A great lawyer knows the judge.
Last edited by Shep69; 19th Nov 2016 at 12:32.