Questions tagged [case-law]

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Serving mandated accompanying materials to an eviction notice by email

On methods of valid service for an eviction notice, case law is rich, extensive, abundant, and unequivocally clear: electronic communications are not a bs valid method of service unless a tenant has ...
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Must a work be "essential" for fair use to apply?

In comments on this answer (now moved to chat) user supercat wrote: While there seems to be a belief that use of short clips is automatically fair use, a key requirement of fair use is that the ...
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What California appellate court case is this call-privacy case?

I am looking for a case where a California appellate court made a factual analysis if the state's confidential communications statutes, Pen. Code § 632, et seq., was applicable where the call was too ...
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1 vote
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Difference between Magistrate court, Sessions Courts, & High Courts

In India, I've noticed that there are many types of Courts. For example, within the same city, there are a few Magistrate courts, sessions courts, and a single High Court. I understand we need more ...
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Find case law for Acts of Parliament

I am new to the field of law, focusing on common law (criminal only) in the jurisdiction of England & Wales. I have searched the government legislation website for various acts, in this case the ...
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3 votes
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How can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or rulings on a given statute?

how can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or the application of a particular statute?
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Is there a way to look up results of a case in the United Kingom just by having the case number?

I recently found a case on law360 that I want to know the outcome of. In the article, they mentioned the following information: case number (HT-2021-000213) High Court of Justice of England and Wales ...
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1 answer
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Schweiker v. Chilicky

Following the Supreme Court case Schweiker v Chilicky, can’t congress theoretically violate the Constitution as long as Congress provides a remedy? What I mean is that: If I were a congressman, and a ...
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The parties in an appealed criminal case

I have a question with regards to the parties of a criminal case on appeal. In a civil case for example, Adam v Seaside Holdings Ltd, the parties are: Appellant: Adam Respondent: Seaside Holdings Ltd ...
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Why couldn’t declaratory reliefs in U.S. courts be used as a way forward to stop law-enforcement violence and overturn “qualified immunity”?

Summary of judgement is easier to achieve for civil remedies against claims against the law enforcement since a very narrow construction is used for a wrong having to match the facts of a previously ...
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2 answers
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Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?

Background Say you are awarded $3,000 in compensatory damages, and the judge feels like treble damages would be appropriate for the specific facts of a case. Questions: Is the judge permitted to act ...
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3 votes
1 answer
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Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?

This question arises out of a previous question on Hungary's prospects to overturn autocratic rule after an unlikely election victor of the unified opposition titled: Is it possible that the ECJ will ...
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In modern day America, why are libel, slander and defamation covered by separate laws?

In 21st century America the laws governing libel, slander and defamation are wholly separate even through they overlap in substantial areas, rather than there being a single law covering all three. Is ...
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4 answers
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Could attempting to codify case law that was decided many years ago open up the legal question again?

As of right now, gay marriage is legal based off of the case law resulting from the decisions of United States v. Windsor and Obergefell v. Hodges. These cases struck down Sections 2 and 3, ...
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1 answer
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What effect does this ruling have on the burden of proof, if any?

“[T]he Act does not require consumers to take any affirmative steps to secure relief for the failure of a manufacturer to service or repair a vehicle to conform to applicable warranties—other than, of ...
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Is there any case law for written replies to letters or emails satisfying service of process requirements?

Hypo... Bob is required to serve a pre-court proceedings’ notice [or complaint/other filing even] on Cob. Bob and Cob are both [U.S./California] citizens. Bob sends all documents required to Cob in a ...
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What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

I understand that there has been no attempt to broaden protections subject to civil rights in the U.S. on the grounds of human rights so there is likely no example for such a reference, but U.S. ...
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Searching New York civil litigation case law

Are civil cases litigated in the state of New York between private businesses back in the 1980s accessible to the general public somewhere somehow, either free or behind a paywall? Say I know that a ...
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Does the maxim "Expressio Unius Est Exclusio Alterius" apply to the rules for dating my teenage daughter? [closed]

Non-lawyer here. Someone I know who IS a lawyer says that the maxim "Expressio Unius Est Exclusio Alterius" governs conduct everywhere, even in non-legal settings. I asked if it governs ...
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4 votes
1 answer
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US case law where riling up someone and then telling them to go to a specific location constituted incitement?

It's probably going to be bit transparent what inspired this question, but assume someone gives a long speech in which he declares that an entity is doing terrible things and then urges everyone ...
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COVID-19 pandemic as mitigating factor for sentencing in the UK

Are there any cases from the UK, whether from the Supreme Court or any other courts, saying that the COVID-19 pandemic can be considered as a mitigating factor for sentencing?
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Online Legal Information

I am looking for free access databases that can be used to search docket information and case law search. I came across. https://www.docketalarm.com/ but, I could'nt find the docket information of ...
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Has omitting "but not limited to" ever resulted in a lost case?

Given the ubiquitous use of the phrase "including, but not limited to," have courts ever actually upheld a misinterpretation of the English word "including" to instead mean "...
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1 vote
1 answer
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Can you be compelled to testify in English?

This is inspired by this question. Assume that a person has been subpoenaed to testify in a case (either civil or criminal – the person is not the defendant or a party in the case), and the person ...
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Are there examples of US lawsuits succeeding (in bypassing FSIA) against a political party of another country?

In an interesting attempt to side-step the sovereign immunity set out in FSIA, the AG of Missouri sued the Chinese Communist Party over Covid-19: On Tuesday [Apr 20?], Missouri’s attorney general ...
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Can a judge make it case law that 2×2=5?

The following quote from Malcolm Turnbull is actually not what this question is about, but nevertheless it is a good-fit epigraph: The laws of mathematics are very commendable, but the only law ...
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3 answers
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Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

A federal judge in Kansas ruled it might be unconstitutional: A federal judge signaled that he believes there's a good chance that Kansas is violating religious freedom and free speech rights with a ...
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1 vote
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Right of way, UK case law

I am not a law professional, but before approaching a lawyer I would like to learn a bit about UK case law on right of way through neighbours' properties. The facts: in the deeds of the property ...
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Limits to Gillick Competence

Please note: Gillick Competence is not to be confused with the Fraser Guidelines which is only concerned with contraception. Gillick Competence is: a term originating in England and is used in ...
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11 votes
2 answers
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What determines the time factor in a court reaching a decision?

Aside from scheduling, what factors determine how long it takes for a court to reach a decision? My specific prompt for asking is the news that John Bolton is willing to defy the White House and ...
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4 answers
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Are legal precedents or tests ever created outside of a traditional trial?

Layperson question ahead. My understanding is that laws as passed by federal, state, and local bodies are often open to interpretation. When a question arises during a trial, a judge's logic and ...
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1 answer
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How much time is allocated for analyzing case law during a trial

In a rather simple trial (driving infringement, penal court - NOT criminal), how much time is allocated to each party to analyze each others case law? Is it expected to be done during the hearing, ...
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1 answer
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Quoting a case law if original decision cannot be found

Decision X was taken long ago and is not accessible online to the public. There are several (> 10) recent decisions that describe and quote X, and they are available online to the public. Is it ...
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-2 votes
3 answers
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Example of wills being declared forged without the signature being forged?

Is there case law in common-law-based legal systems regarding claims that a will is forged - but without the signature being forged, and without the text being altered after the signature? For example:...
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Have there ever been any cases where someone sued their government for not delivering their passport in a reasonable amount of time?

I am wondering if there have been any cases in Canada that were heard before a court or tribunal, or even if there was any informal dispute that was discussed in any media. Surely many people in the ...
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4 votes
2 answers
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Is it error of law to judge on less relevant case law when there is much more relevant one?

A judge in a civil case makes a judgment justifying it by similar decision made in somewhat relevant case. A party to the case is dissatisfied with the judgment. They find a more recent and, more ...
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Can case law never appealed in a higher court be appealed and overturned?

I will phrase this question in New Zealand legal terms but I am actually interested in any common law jurisdiction or any jurisdiction with adversarial system. Say there is some case law made in the ...
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Is there a Federal statute regarding invasion of privacy when it comes to landlords?

I am wondering whether there is a federal statute or case law that discusses tenant rights to privacy? For example, a landlord enters a person apartment without their knowledge and one of the landlord'...
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1 vote
1 answer
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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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1 answer
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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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1 vote
1 answer
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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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5 votes
1 answer
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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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4 votes
2 answers
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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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2 votes
1 answer
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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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