9

The author of the passage is telling you where the quotation comes from, using a formal case citation. Lawyers usually don't use footnotes, endnotes, or parentheses to set off these citations. Case citations are a sort of shorthand developed by lawyers and judges over the past few centuries. The goal is generally to identify the name of the case, where to ...


7

On an issue of pure law, an appellate court decides if the trial judge got it right or wrong from scratch, and if there is a case that is a better match than the one that the judge used that leads to a different outcome in the case, then an appellate court is likely to find that the trial court's ruling is a reversible error. On an issue of mixed fact and ...


7

Generally speaking, courts take whatever time they need to write their decision and then release it close to immediately. In cases where a judge believes she has the information she needs, she may rule "from the bench," announcing a decision and entering an order for the parties to comply, and then follow up with a written order later. The research process ...


6

Congratulations, intrepid legal enthusiast or learner! What you'll need A legal dictionary, especially if you're just getting started. If you don't own one, you can try Black's Law Dictionary A little bit of patience and time. Or maybe a lot, depending on the particular case and the particular question you're trying to answer. Maybe a normal dictionary, ...


5

The quickest way to get the text of Australian judgements is through AustLII. Reading the citation Parties: Tame v New South Wales In this case, the parties are (Clare Janet) Tame and (the State of) New South Wales. Year: [2002] or (2002) There is a subtle distinction between the above years: in brackets [] is generally (but not always) the ...


5

A blog post tracked this to Fiore v. White, a 1999 case in which Breyer wrote an opinion certifying a question to the Pennsylvania Supreme Court, after which SCOTUS reversed the Third Circuit per curiam. The Third Circuit opinion in question was written by Circuit Judge Samuel Alito.


5

Any precedent can be overturned by any court at the same or higher level in the hierarchy So, for your example of a High Court precedent, it can be overturned at Supreme Court, Court of Appeal or High Court levels. However, the longer a precedent is in place, the less likely it is to be overturned because one of the objectives of the legal system is to ...


4

Let's roll back a couple of conceptual steps: before deciding how to interpret a judgement you should know what a judgement is. What is law? I quote from Australian Business Law 2002: The law is a body of generally accepted principles, established by Parliament (i.e. by our representatives) and by the courts. Law is therefore made by us (the men and ...


4

This would establish a new precedent (I assume) You assume correctly. However, a precedent is only binding on lower courts and persuasive on courts at the same level so a trial judge precedent is not very far-reaching. Does this statue takes precedence over (overrules) the previous court precedent? Not exactly. The precedent was good for the old (common)...


4

Probably not The judge is required to decide the case on the basis of the law the parties argue. If neither party draws the judge’s attention to a relevant case it would not be an error of law for the judge to not consider it. Indeed, it would likely be an error of law (denial of natural justice or breach of procedural fairness) if the judge did consider it ...


4

Canada's local court systems and procedural rules vary, especially at the lowest level, by province. So, I'm just stating some general principals. General speaking legal arguments are limited to closing arguments of the parties after all of the evidence has been presented by both sides (because this limits legal arguments to those with evidentiary support ...


3

Let's look at what they say: Pennsylvania does not have any statutory laws governing assisted reproductive technology. True Pennsylvania’s laws regarding sperm donors come only from case law that are specific to the facts of the case being considered by the court. True and trivial given the previous sentence. Pennsylvania courts have found sperm ...


3

She's supposed to get her own copy of the warrant. Ohio Criminal Rule 41(D)(1): Search warrant. The officer taking property under the warrant shall give to the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken, or shall leave the copy and ...


3

I think we're talking about In re Hennen, which dealt with the removal of the clerk of the district court in Louisiana: It all these departments power is given to the secretary, to appoint all necessary clerks; 1 Story, 48; and although no power to remove is expressly given, yet there can be no doubt, that these clerks hold their office at the will ...


3

The decision of a court consists of several things: The orders made A summary of the evidence The judge's reasoning from the evidence to their conclusions of what the facts of the case are The judge's reasoning from the evidence to their conclusions of what the law applying to those facts is The judge's reasoning from those findings of facts and law to the ...


3

Yes. In some common law jurisdictions, such as Canada, the United Kingdom and even some U.S. states, the government may under some circumstances refer a legal question to the appropriate Supreme Court (Privy Council in the U.K.) for an advisory opinion. These opinions are non-binding, but have large influence because they are often made by the same judges ...


3

Yes, the correct forum is the Local Court in the relevant state (in some states these are called Magistrate's Courts). The amount is too large ($10,000) to qualify as a small claim . If you want to do it yourself the court websites are very informative and in NSW, at least, the process can be initiated online including your paying for the Sheriff to serve ...


3

Is it true that there has never been a single case It is tough to prove a negative. I am not going to completely parse the quote but please notice that the quote states "we couldn't find" and concludes that "it doesn't happen." Given these two pieces of information I do not conclude that there has never been a single case. Rather I conclude that the speaker ...


3

All precedents are made in court judgements Courts exist in a hierarchy which means there are two kinds of precedent: binding and persuasive. A binding precedent is one set in the same hierarchy by a higher level court. A persuasive precedent is one set at the same or lower level in the hierarchy or in a completely different hierarchy. For example, a ...


3

Scheduling and workload Courts the world over are underfunded which means that judges and their administrative staff are overworked. Like all of us who are overworked, they prioritize their work which means that urgent stuff gets done before non-urgent stuff. Broadly speaking, courts have two roles: stopping bad stuff happening in the future (warrants, ...


2

The cryptic bit is a citation to a court judgement. A good online resource on the form of citation for U.S. legal materials is Basic Legal Citation, written and maintained by Professor Peter Martin and hosted by the Legal Information Institute at Cornell University. Under the link, you'll find a set of helpful screencasts, as well as a complete citation ...


2

In reaching any opinion, courts generally examine an area of law, looking at all elements of a cause of action which will naturally contain some points that can be argued in favor of either side. After a general discussion of what the law is, courts then apply the law to the facts of that case in reaching a final "who wins" decision in the case. A specific ...


2

The process you describe is an exceedingly common method of proving a point when there is not factually analogous precedent for that particular point. By way of over-simplified example, there may be precedent for the proposition 1 + 2 = 3, but there may not be equivalent precedent for the proposition that 6 - 4 = 2. An advocate might cite the former to ...


2

The reason this section exists is pretty well stated in an English case: Holmes v. Governor of Brixton Prison and Another. In paragraph 12, they discuss the law of theft in England, and note that under the law there as it stood in 2004 (and reaching back to principles of common law, which are often but not always shared with the US), deception required ...


2

My experience has been that finding case law is a bit hit and miss (pun intended). The most effective method that I have found is to start with the conceptually broadest search, and narrow it down by further sub-searches. There are 7 findable MA cases pertaining to "traffic citation" (Lexis search seems to be non-stupid in terms of grammatically relates ...


2

An Overview Of What Legal Research Involves There is not a standard reference book for this kind of thing. Basically, the way legal research works is that you have to know what the legal issues and buzz words and basic structure of all of the relevant substantive and procedural bodies of law relevant to a case are in advance. Then, a lawyer uses that ...


2

Almost anything is good consideration for a contract (even a peppercorn) - they only real exception is something that a party was already obliged to do by law or contract. Even if all Mrs Merrit did was act as agent, literally taking the money directly from Mr Merrit and depositing it in the building society, that service is itself good consideration.


2

You’re looking at the wrong part. The relevant section is Article 2, which sets out offenses that are extraditable using the EAW mechanism. Article 2 has a list of offenses which are extraditable regardless of dual criminality if the issuing state punishes them with a maximum of at least 3 years in prison, but for all other offenses the executing state is ...


2

The main limitation is the covenant of good faith and fair dealing which applies to all contracts as a matter of law (not just insurance contracts, where the obligation of good faith and fair dealing is enforced and litigated in a different manner) and cannot be waived. This covenant requires someone who has discretion regarding how a contract is performed ...


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