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You are a trial court judge in Iowa's state court system and that Sampson v. Partridge is one of the civil cases that you must
- You are a trial court judge in Iowa's state court system and that Sampson v. Partridge is one of the civil cases that you must decide. Your research has revealed that the critical issue in Sampson is the same issue presented in Capitol v. Davidson, a 1998 decision of the Supreme Court of Iowa (the highest appellate court in the Iowa system). The Capitol decision established a new common law rule for Iowa. Your research has also revealed that in 2009, the Iowa legislature enacted a statute that states a rule different from the common law rule established in Capitol. You believe, however, that the 2009 statute offers an unwise rule, and that the common law rule set forth in Capitol amounts to much better policy. In deciding the Sampson case, are you free to apply the Capitol rule? Why or why not?
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