Questions tagged [case-law]
The case-law tag has no usage guidance.
78
questions
1
vote
1
answer
72
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, ...
- 4,838
0
votes
2
answers
173
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 ...
- 8,206
1
vote
1
answer
452
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 (...
- 395
1
vote
1
answer
121
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 ...
- 143
1
vote
1
answer
263
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 ...
- 151
1
vote
1
answer
931
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 ...
- 25.8k
5
votes
1
answer
114
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
votes
2
answers
200
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,...
- 210k
3
votes
0
answers
85
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 ...
- 3,470
3
votes
1
answer
241
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 ...
- 4,921
2
votes
2
answers
3k
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 ...
- 21.7k
2
votes
1
answer
70
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 ...
- 123
0
votes
1
answer
40
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 ...
- 561
1
vote
1
answer
178
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 ...
- 204
5
votes
1
answer
347
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 ...
- 597
1
vote
1
answer
65
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 ...
- 113
2
votes
1
answer
117
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 ...
- 6,848
3
votes
2
answers
2k
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 ...
- 210k
2
votes
0
answers
15
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 ...
- 21
9
votes
5
answers
518
views
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 ...
- 668
1
vote
2
answers
187
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 ...
- 4,838
3
votes
1
answer
62
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 ...
- 33
5
votes
1
answer
235
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 ...
user3309
8
votes
2
answers
3k
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. ...
- 12.1k
4
votes
1
answer
3k
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 ...
- 307
3
votes
1
answer
783
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 ...
- 12.1k
12
votes
2
answers
411
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 ...
- 1,054
1
vote
2
answers
92
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 ...
- 5,018