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Are there any law casebooks that cover UCC Articles 5, 6, and 7?

I am aware of casebooks that cover UCC Article 2, 2A (Sales + Leases); UCC Article 9 (Secured Transactions); UCC Articles 3, 4, and 4A (Payment Systems). I presume UCC 8 is covered by Securities Law. ...
chromazene's user avatar
5 votes
1 answer
460 views

Can you cite parts of a case if the core issues in the case were later overruled?

There is a discussion in a decision I am looking at, that supports one of my arguments in my own case. In the decision, the court discusses one of the issues before it, let's call it Issue S, and ...
lgshost's user avatar
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2 votes
0 answers
146 views

Which countries guarantee right to anonymous communication? Have there been court cases validating the right?

I know many countries still have burner phones - i.e phones or SIM Cards which aren't tied to any identifiable person? Are there countries which guarantee right to anonymous communication? Are there ...
user93353's user avatar
6 votes
1 answer
526 views

How constitutional is working for hire?

In the USA, copyright law may only be established with respect to the Copyright Clause of the Constitution: To promote the Progress of Science and useful Arts, by securing for limited Times to ...
Corbin's user avatar
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7 votes
5 answers
4k views

Can a court’s decision be copyrighted?

See this page: If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/...
TylerDurden's user avatar
-2 votes
1 answer
73 views

Where can one find the full decisional text of R v Hale (1979) 68 Cr App R 415, [1979] Crim. L.R. 596? [closed]

Can’t seem to find anything other than bare summaries. Can anyone find it anywhere online? https://lawprof.co/criminal-law/property-offences-cases/r-v-hale-1979-68-cr-app-r-415-1979-crim-l-r-596/
TylerDurden's user avatar
2 votes
0 answers
62 views

What precedents specify the scales of compensation for false arrest, and how would one set about finding them?

According to an unreferenced law firm’s website, As a general guideline, you may be able to claim around £870 for the first hour of false imprisonment, which increases to around £5,210 for 24 hours. ...
TylerDurden's user avatar
1 vote
1 answer
84 views

Which legal system has more specific and generic laws? [closed]

With respect to the Common Law System and the Civil Legal System, which of these have more specific laws and which are more generic? This question could also cover any other law systems in regards to ...
user5623335's user avatar
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1 vote
3 answers
215 views

Can courts override regulations?

It is inconceivable that the courts of law could override statutes. The courts are bound by statutes, and only have leeway in interpreting them where they are vague. But does the same apply to ...
Greendrake's user avatar
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1 vote
1 answer
163 views

Why do some decisions reference case law that references other case law? Why not just reference the original case law? [duplicate]

I have seen this loads of times as I read through court decisions and case law. I am reading a Decision issued by an appeals court, and the judges cite a case that in turn cites a case. Here is the ...
lgshost's user avatar
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0 votes
1 answer
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Are there legal cases related to trademark infringement for using names inside a work?

Are there any legal cases regarding trademark infringement when a name is used inside a work? E.g a video game containing a location named using a trademarked name.
user avatar
1 vote
2 answers
65 views

Which case is "Sheperd" and is it still relevant?

While doing some handiwork and idly listening to a reading of a memorandum of law in a case called Khoberger from Idaho, the court repeatedly argues a SCOTUS case only named as "Sheperd" or ...
Trish's user avatar
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2 votes
1 answer
135 views

How is the practice of non-publication of appeal-court opinions of states and the U.S. not in violation of the Fifth and Fourteenth Amendment?

Defendant A is deemed not liable in a suit in light of the facts of the case, fact A, B and C for damages at appeals, but the opinion of the U.S. Court of Appeals for the Nth Circuit is officially ...
kisspuska's user avatar
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0 votes
1 answer
59 views

Is the non-applicability of copyright to software interfaces considered settled law?

In computer software, it's common for a system to expose an Application Programming Interface (API) for other software to interact with it. For example, a smart lightbulb might expose a SetBrightness(...
MooseBoys's user avatar
  • 101
-2 votes
2 answers
131 views

Can law.SE activity decisively influence future case law?

Meet Bob. Bob has a legal theory which seems intuitively correct, but various types of personalities in the world, perhaps even the majority of people, including many judges, find this deeply ...
JosephCorrectEnglishPronouns's user avatar
2 votes
0 answers
98 views

Are there examples of successful prosecution under the Espionage Act for non-classified materials (after that system was adopted)?

As discussed in the NYT regarding the FBI warrant executed on Mar-a-Lago In particular, a third law the warrant references was Section 793, which carries a penalty of up to 10 years in prison per ...
got trolled too much this week's user avatar
5 votes
4 answers
1k views

Is there ever any consultation between judiciary and legislative draftspeople?

Often one sees judges attempting speculatively to infer legislators' intents by reasoning about their language. Yet nonetheless the objective seems to be to ascertain the legislators' original ...
JosephCorrectEnglishPronouns's user avatar
1 vote
2 answers
123 views

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 ...
David Siegel's user avatar
1 vote
0 answers
52 views

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 ...
forgetfuldrafter's user avatar
1 vote
0 answers
159 views

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 ...
Newbie's user avatar
  • 203
2 votes
2 answers
106 views

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 ...
questioner's user avatar
3 votes
1 answer
155 views

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?
JosephCorrectEnglishPronouns's user avatar
1 vote
2 answers
99 views

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 ...
Tobi4s1337's user avatar
1 vote
1 answer
79 views

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 ...
Oh Yea's user avatar
  • 83
4 votes
1 answer
463 views

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 ...
Maxxx's user avatar
  • 173
1 vote
1 answer
105 views

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 ...
kisspuska's user avatar
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4 votes
2 answers
896 views

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 ...
smallball's user avatar
3 votes
1 answer
127 views

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 ...
kisspuska's user avatar
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0 votes
1 answer
111 views

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 ...
user avatar
3 votes
4 answers
160 views

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, ...
user3670473's user avatar
4 votes
1 answer
130 views

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 ...
HJay's user avatar
  • 467
3 votes
2 answers
159 views

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 ...
kisspuska's user avatar
  • 3,934
18 votes
2 answers
4k views

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. ...
kisspuska's user avatar
  • 3,934
0 votes
0 answers
15 views

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 ...
Greendrake's user avatar
  • 27.8k
2 votes
2 answers
725 views

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 ...
David Ventimiglia's user avatar
3 votes
1 answer
363 views

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 ...
got trolled too much this week's user avatar
2 votes
1 answer
75 views

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?
MEGA's user avatar
  • 21
0 votes
1 answer
58 views

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 ...
RishiM's user avatar
  • 101
6 votes
2 answers
140 views

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 "...
glenviewjeff's user avatar
1 vote
1 answer
249 views

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 ...
user6726's user avatar
  • 215k
1 vote
0 answers
33 views

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 ...
got trolled too much this week's user avatar
4 votes
3 answers
748 views

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 that ...
Greendrake's user avatar
  • 27.8k
12 votes
3 answers
3k views

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 ...
got trolled too much this week's user avatar
1 vote
0 answers
99 views

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 ...
NofP's user avatar
  • 111
1 vote
2 answers
255 views

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 ...
Chris Rogers's user avatar
11 votes
2 answers
1k views

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 ...
spring's user avatar
  • 320
4 votes
4 answers
189 views

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 ...
Brian R's user avatar
  • 478
1 vote
1 answer
93 views

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, ...
user27537's user avatar
0 votes
1 answer
39 views

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 ...
user27537's user avatar
-2 votes
3 answers
400 views

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:...
einpoklum's user avatar
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