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Questions tagged [case-law]

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Was anyone held liable/accountable in the 2018 Hawaii False Missile Alert?

On January 13, 2018, with belligerent threats and nuclear tensions between the US and North Korea on a knife edge, civil authorities in the US state of Hawaii sent out an alert to all cell phones, ...
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Is a lie by ommission to make it seem like a legal offices services are required legal?

A friend was researching using a sperm donor she knows to do IVF. she got concerned when she read this website's legal 'advice' They basically say that unlike most states PA has no law that says a ...
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Does statute take precedence over case law (in the US)?

Hypothetical situation: An US court decides a case for which there is no statute nor previous court decision (precedent) which would provide how the case should be decided (resolved). So the court (...
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Meaning of “reasonable inference” and “speculative level”

Wondering what this means (this is my first case I've ever read): Under Federal Rule of Civil Procedure 12(b)(6), a district court must dismiss a complaint if it fails to state a claim upon which ...
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Did Ms. Mapp have a right to take the search warrant?

In Mapp v. Ohio: She demanded to see the search warrant. A paper, claimed to be a warrant, was held up by one of the officers. She grabbed the "warrant" and placed it in her bosom. A struggle ...
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Can only the government official who appointed an employee fire that employee?

In the PolitiFact article Can Donald Trump fire Special Counsel Robert Mueller?, law professor Ric Simmons is quoted: The Supreme Court has stated (outside the special counsel context) that only ...
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Was there a consideration in Merritt v Merritt case agreement?

The Merritt v Merritt case is often used in teaching Contract Law for demonstrating one of the six elements of contract — intention to create legal relations (the parties had been separated and the ...
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Should the decision about an Extradiction be based on the Legistlation or on the Juristiction of the executing member state?

The case of the extradiction of the Spanish politician Carles Puigedemont made me wonder whether the justification of the partial non-execution of the European Arrest Warrant (EAW), decided by the ...
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Are there doctrines of contract law that limit potentially open-ended liability?

Sometimes when you have a contract with another party, the exact dollar amount that you as a customer would owe is not firmly specified. Instead there may be a statement about what would be the charge,...
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Case law relating to gender expression

I recently discovered the existence of Local Law No. 3 (2002); N.Y.C. Admin. Code § 8-102(23) - which allows for people to be fined up to $250k for using the wrong gender pronouns. Even after cutting ...
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Rights and licensing of joint works in Canada

In researching copyright laws relating to works of joint authorship, I came across this McMillan article. While the situation is clearer in the US and UK, the article discusses how in Canada, absent ...
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What is the significance of dissenting opinions in appellate court decisions?

Appellate courts often hear cases en banc and decide them by simple majority of the judges on the bench. The majority will typically sign a single "per curiam" decision, which constitutes the ...
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How do you search for the status of current legal proceedings?

I'm curious about the case of Tristan Rettke, who was charged with civil rights intimidation for toting a confederate flag bag of bananas while wearing a gorilla mask at a BLM protest in 2016. The ...
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What are the standard references for reviewing case histories involving lawsuits against school districts in Texas?

I am not a lawyer and am just learning the very basics of legal research. My county court has an extensive library open to the public, but I have no idea which books I should consult to read the ...
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What is the UK legal position of an “Executive Summary”

I heard today (from my manager, who says he was told it by a lawyer friend) that "Executive Summary" has a specific UK legal definition, backed up by case law. The claim is that if a report ...
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Do courts in a common law system ever make decisions about law without a presented case?

In the United States, the Supreme Court does not make a decision about the validity of a law without a specific case presented to them. Are there any examples of common law systems in which a court is ...
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Someone owes money in Australia

Someone owes money in Australia, Can I file case against that person? He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's ...
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How to find case law for a particular subject

How can I find case law for a particular subject in my state (Massachusetts)? I have access to Lexis/Nexis, but my experience is that subject searches rarely work. For example, one topic I need to ...
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The 4th Amendment and case law relevant to police power for arrests without a warrant

The 4th Amendment states that The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no ...
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Where can one go to find caselaw of US federal criminal statutes?

I'm interested in a website or other starting point where I can see an index of all the high level prosecutions undertaken under USC XX s.s. YYYY over the course of the given law's history on the ...
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Has “deceiving a machine” been prosecuted/defined in practice?

Alaska Statutes - Section 11.46.985 ("Deceiving a machine") states: In a prosecution under this chapter for an offense that requires "deception" as an element, it is not a defense that the ...
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Relevance of providing “warning” and having “reasons” before withdrawal in McPherson v BNP Paribas

This question refers to the case MacPherson v. BNP Paribas IRLR 558. Mr McPherson withdrew his claim on medical grounds. In paragraph 31 he appears to be implicitly criticised by the Court of Appeal ...
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What case was Justice Breyer referring to in the argument for Trevino v Thaler

Trevino v. Thaler, Oral arguments MR. OLDHAM: Well, Your Honor, I think you could do one of two things. You could always certify the question with the Court of Criminal Appeals if you thought ...
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How do I interpret a court judgement? What does it mean?

So I've figured out how to read a case citation and find the text of the judgement - maybe using some of the online resources. As a novice, I'm trying to decide when the judgement actually applies. ...
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Has a food donor been sued for giving away spoiled food?

Regarding food waste, on John Oliver's series "Last Week Tonight" he states: That's a common misconception. We all think that if someone gets sick you could get sued. I thought that until earlier ...
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How do I read an Australian case citation and find the text of the judgement?

I want to know more about a particular case. I've seen it referred to a couple of different ways: Tame v New South Wales [2002] HCA 35 Tame v New South Wales (2002) 211 CLR 317 How can I access ...
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How do I read a U.S. case citation and find the text of the opinion?

In something like this: "We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place." Brown v. Bd. of Educ., 347 U.S. 483, 495 (1954)". What is that ...
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Why case law quoted in support of X often rules against X? [closed]

It appears quite common that when trying to find support for decision X, cases which in actuality finally rule against X are quoted, and very few cases which actually grant X can be found. Why does ...