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27 votes
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What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

The Universal Declaration of Human Rights is not self-executing and may not be applied in U.S. courts as binding law. See, e.g., Barbara Macgrady, Note, Resort to International Human Rights Law in ...
ohwilleke's user avatar
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27 votes

What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?

While ohwilleke gave a good answer on the limits of citing treaties in US courts, there's a more fundamental issue: the UDHR is not a treaty. It's a resolution of the UN General Assembly, and like ...
cpast's user avatar
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14 votes

Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

The main relevant bit of constitutional law is Employment Division v. Smith, 494 U.S. 872, where it was held that a general law against use of peyote does not violate the Free Exercise clause, though ...
user6726's user avatar
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14 votes

Can a court’s decision be copyrighted?

No in united-states The court is part of the trifecta of government - it's part of the Judicative. The government can not have copyright in its works: 17 USC 105 declares such papers to be without ...
Trish's user avatar
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13 votes
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Is there ever any consultation between judiciary and legislative draftspeople?

For the same reason you can’t ask the parties to a contract what they meant Legislation, once enacted, stands on its own independent of the people who drafted it, introduced it to Parliament and voted ...
Dale M's user avatar
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11 votes

Can a court’s decision be copyrighted?

united-kingdom Generally the UK judgments available from the Courts and Tribunals Judicary website and BAILII are asserted to be Crown copyright and licensed for use under the Open Government Licence.
Lag's user avatar
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10 votes
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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?

Yes, this has come before the Court. Some prominent examples are - Mathieu-Mohin and Clerfayt v Belgium (1987), the first time Article 3 was before the European Court of Human Rights, on the complex ...
loenoe's user avatar
  • 116
9 votes

Is there ever any consultation between judiciary and legislative draftspeople?

A judge could not ask a legislator to get a clearer idea of the legislative because the latter is the product of a majority consensus among the former. A single legislator can speak for their own ...
Michael's user avatar
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8 votes

Does the maxim "Expressio Unius Est Exclusio Alterius" apply to the rules for dating my teenage daughter?

Your lawyer friend is misguided Casual conversation and writing are not subject to any maxims of interpretation - the words mean what the speaker/writer says and what the listener/reader understands ...
Dale M's user avatar
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8 votes
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Can law.SE activity decisively influence future case law?

The future prospects are negligible, and the present status of such influence is non-existent. In a few cases, you may find an appellate decision citing some statement from a reputable law review. ...
user6726's user avatar
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7 votes
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Is it error of law to judge on less relevant case law when there is much more relevant one?

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 ...
ohwilleke's user avatar
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7 votes

What determines the time factor in a court reaching a decision?

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 ...
bdb484's user avatar
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7 votes

Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

In the geographic domain overseen by 5th Circuit Court of Appeals the answer is (likely) yes. They have just temporarily upheld the abortion provisions of the Texas Governor's COVID order (In re ...
David Reed's user avatar
7 votes

Can a judge make it case law that 2×2=5?

Appellate judges make holdings on matters of law, and generally defer to the fact-finder in a given case (the jury, or sometimes the judge) on factual matters relevant to a case. So in a case that ...
David Reed's user avatar
6 votes
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Could attempting to codify case law that was decided many years ago open up the legal question again?

Congress cannot be sued for enacting a law. Period. The courts do not have the power to punish Congress for passing a law, they cannot forbid Congress from passing a law, they have no say over what ...
user6726's user avatar
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6 votes

Can a court’s decision be copyrighted?

In slovakia, it cannot: § 5 par. b) of the copyright law 185/2015 Z. z. says explicitely: Za predmet autorského práva sa nepovažuje ... b) text právneho predpisu, úradné rozhodnutie alebo súdne ...
Radovan Garabík's user avatar
6 votes

Can a court’s decision be copyrighted?

new-south-wales Not only can it be, it is copyright Copyright in judicial decisions continues to reside in the State pursuant to the Copyright in Judicial Decisions Notice 1995 (NSW). There is a ...
Dale M's user avatar
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5 votes
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Can case law never appealed in a higher court be appealed and overturned?

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 ...
Dale M's user avatar
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5 votes
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Does statute take precedence over case law (in the US)?

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 ...
Dale M's user avatar
  • 211k
5 votes
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The parties in an appealed criminal case

"Regina" or "R" or "The Crown" or "The Queen" is the respondent. These are different ways of expressing the same concept. However, it is not typical to name &...
Wolf87's user avatar
  • 66
5 votes

Is there ever any consultation between judiciary and legislative draftspeople?

I would say there are two issues here: 1) What is legislative intent? It's not immediately clear what is legislative intent. Do all legislators in the House of Commons or US Congress have the same ...
Campbell Hutcheson's user avatar
5 votes
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How constitutional is working for hire?

State-specific answers are welcome. Copyright is exclusively a matter of federal law*, and it in the exclusive jurisdiction of the federal courts. See 28 U.S.C. § 1338(a) ("The district courts ...
ohwilleke's user avatar
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4 votes
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Do courts in a common law system ever make decisions about law without a presented case?

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 ...
DPenner1's user avatar
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4 votes

Is it error of law to judge on less relevant case law when there is much more relevant one?

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 ...
Dale M's user avatar
  • 211k
4 votes
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What is the significance of dissenting opinions in appellate court decisions?

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'...
Dale M's user avatar
  • 211k
4 votes

Are legal precedents or tests ever created outside of a traditional trial?

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 ...
Dale M's user avatar
  • 211k
4 votes

Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?

Well, there was another recent case: In Maryville Baptist Church, Inc. v. Beshear, (WD KY, April 18, 2020), a Kentucky federal district court refused a request by a church and its pastor to issue a ...
against very long user names's user avatar
4 votes
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US case law where riling up someone and then telling them to go to a specific location constituted incitement?

The Brandenburg Test This is not a "general test" - it's the test that applies. The prosecution must prove beyond reasonable doubt that: The speech is “directed to inciting or producing ...
Dale M's user avatar
  • 211k
4 votes

Does the maxim "Expressio Unius Est Exclusio Alterius" apply to the rules for dating my teenage daughter?

"Expressio Unius Est Exclusio Alterius" is the Latin version of a general rule of communicative interpretation to the effect that when people give a list of things, the list is presumed to ...
user6726's user avatar
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