Questions tagged [case-law]
The case-law tag has no usage guidance.
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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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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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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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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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How deterministic are modern legal systems?
I am a software engineer trying to understand how judges make decisions in lawsuits. In computer and other sciences there is a concept of deterministic system:
In mathematics and physics, a ...
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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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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/...
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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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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 ...
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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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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 ...
user3309
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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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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 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 ...
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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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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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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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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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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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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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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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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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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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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 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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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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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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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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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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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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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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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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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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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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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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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 ...
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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 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.
...
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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 ...
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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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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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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 ...
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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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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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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 ...
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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 ...
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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 ...
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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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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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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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