Questions tagged [case-law]

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11
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2answers
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 ...
3
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4answers
91 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 ...
2
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1answer
75 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, ...
0
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1answer
31 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 ...
0
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1answer
106 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 ...
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0answers
56 views

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 ...
4
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2answers
676 views

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 ...
0
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2answers
49 views

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 ...
0
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1answer
58 views

Is There a Federal Statue 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 ...
1
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1answer
58 views

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, ...
0
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2answers
91 views

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 ...
1
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1answer
106 views

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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0answers
165 views

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 ...
1
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1answer
77 views

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 ...
1
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1answer
169 views

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 ...
1
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1answer
453 views

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 ...
5
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1answer
104 views

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 ...
4
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2answers
102 views

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,...
2
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0answers
37 views

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 ...
2
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1answer
62 views

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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2answers
2k views

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 ...
2
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1answer
65 views

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 ...
0
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1answer
36 views

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 ...
1
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1answer
113 views

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 ...
4
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2answers
124 views

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 ...
1
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1answer
55 views

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 ...
1
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1answer
58 views

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 ...
3
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2answers
1k views

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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0answers
13 views

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 ...
1
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2answers
106 views

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 ...
3
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1answer
56 views

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 ...
5
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1answer
208 views

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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2answers
2k views

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. ...
3
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1answer
1k views

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 ...
4
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1answer
570 views

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 ...
11
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2answers
304 views

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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2answers
84 views

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 ...