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Results tagged with case-law
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user 17500
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Quoting a case law if original decision cannot be found
In an academic paper or book, one can quote a source "as quoted in" another source, when direct access to the main source is not available or not convenient. This could include parts of a court opinio …
- 115k
3
votes
Could attempting to codify case law that was decided many years ago open up the legal questi...
The US Constitution does not require that any particular law be on the books, so repealing a law (like the DOMA) can never be unconstitutional as a matter of substance. I suppose there could be an arg …
- 115k
2
votes
Example of wills being declared forged without the signature being forged?
law-in-fiction
I can't improve on the answer by ohwilleke for actual cases, but this kind of thing has been dealt with a number of times in fiction, where forged or invalid wills are rather more commo …
- 115k
3
votes
In modern day America, why are libel, slander and defamation covered by separate laws?
US Law
Combining the traditionally separate common-law torts of libel and slander would probably be a matter not for the court system, but for the legislature, and these are matters of sate law in the …
- 115k
3
votes
Must a work be "essential" for fair use to apply?
The claim seems novel, so I looked at several sources, including several recent cases where fair use has been upheld.
Rozier
In Easter Unlimited Inc v. Rozier, 18-CV-06637 (KAM) (E.D.N.Y. Sep. 27, 202 …
- 115k
3
votes
Is there a Federal statute regarding invasion of privacy when it comes to landlords?
Theft is of course illegal in all US states, and pretty much every other jurisdiction. In the US that is a matter of state law, not federal. It could be reported to the local police, but it might be h …
- 115k
2
votes
Accepted
What effect does this ruling have on the burden of proof, if any?
No, there is no Presumption Created
The bolded statement is an expression by the Judge of the CA Court of Appeal who wrote the opinion of his or her experience in such matters, based on other such cas …
- 115k
4
votes
How deterministic are modern legal systems?
Not Deterministic
The legal system is not very deterministic. There are several points in the process where human judgement, with few explicit rules to constrain it, determines or significantly affect …
- 115k