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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 in Church of Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520 a law specifically designed to restrict Santeria animal sacrifices is an undue burden on ...


7

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 Abbott). In doing so, they noted in their decision that in a public health crisis such as COVID the government can prohibit religious assembly: “[U]nder the ...


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 ...


4

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 temporary restraining order against enforcing Governor Andy Beshear’s ban on mass gatherings. The ban includes in-person religious services. The court said in ...


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

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

It is difficult to think of many areas where a child would have Gillick competence but the legal right would rest with the parent in law. One example that comes to mind is enlisting in the Armed Forces when under the age of 18. Section 5 of the Armed Forces (Enlistment) Regulations 2009 requires parental permission to be given for any child enlisting in the ...


2

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 involved certain mathematical arguments, they would generally leave it to the jury to decide whether those arguments were reliable. Put simply, Appeals courts don'...


2

Try courtlistener.com and Leagle.com . The former allows for operators (giving thus the ability to fine-tune your search) and also shows the documents filed by the parties whereas leagle.com only fetches court decisions/opinions. When searching for court opinions it is recommendable to use multiple resources rather than sticking to only one. For a while I ...


1

Whether a case was actually lost because of using "including" without "but not limited to" is unknown. What is known though is that courts have accepted arguments that "including" introduces an exhaustive list (which could result in the party that argued so winning): But legal drafting isn’t served well by implications, as ...


1

Can you be compelled to testify in English? Yes insofar as the witness's reasons for not testifying in English are merely "artistic". Courts allegedly procure efficiency, economy, and ease of access. Translation costs and the possibility of translation inaccuracies (or perhaps witness's pretenses thereof) contravene these criteria. The witness's fluency in ...


1

Other than a judge's decision during a court case, are there other times when such legal 'clarification' takes place that is at least (if not more) binding than precedents? In essence, I'm curious if legal professionals have a mechanism for testing and improving new laws that falls between the two extremes of "try it in court and find out" and &...


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