New answers tagged common-law
1
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Does the doctrine of timely retraction extend to non immigration false claims to citizenship?
Can the scope of the precedent expand to non immigration proceedings such as applying for a US passport, voter id etc?
...
Does this precedent apply to false claims to citizenship [INA 1182(a)(6)(C)(...
- 33.5k
3
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Has there ever been a common-law-only jurisdiction?
No
The problem with the question is, that there is clearly a misunderstanding with what is the history of what we call Common law today. Common law is not a concept that applies to all laws, it'S one ...
- 31.3k
6
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Has there ever been a common-law-only jurisdiction?
Yes. The first English statute was enacted in 1235:
The Statute of Merton or Provisions of Merton (Latin: Provisiones de Merton, or Stat. Merton), sometimes also known as the Ancient Statute of ...
- 33.5k
8
votes
Is it true that common law courts will not resolve a question without a controversy?
united-states
In U.S. law, federal courts may not consider matters that do not involve an actual "case or controversy" based upon the way that this language granting the federal courts ...
- 185k
8
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Is it true that common law courts will not resolve a question without a controversy?
Yes … unless Parliament has given this power
At common law, the courts can only intervene in matters of actual controversy. This goes as far as discontinuing a case if it becomes moot.
However, ...
- 192k
1
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Is it true that common law courts will not resolve a question without a controversy?
southafrica
No
Although South Africa has a mixed legal system I do personally think it very much operates under common law principles.
The constitutional court acknowledges four main ways in which ...
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2
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Is it true that common law courts will not resolve a question without a controversy?
As @Jen said in her answer, this is not a common law restriction. Rather, the most famous use of this is the United States, another Common Law country, but this is a result of the interpretation of ...
- 22.5k
6
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Is it true that common law courts will not resolve a question without a controversy?
The proposition is not universally true. Canadian courts have the discretion to hear a moot case and have been granted the jurisdiction to issue advisory opinions in response to "reference ...
- 36k
1
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property damage - redress/ options to victims - specifically commercial victims
Such notices are really intended to caution the public to be careful, and warn that, at the very least, damage is going to lead to a confrontation with the seller involving a demand for payment - ...
- 1,570
1
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Accepted
Can precedents established in Native American law be used as a foundation in US law precedent?
The concept of "precedent" depends on a jurisdictional relatedness between a current case and a prior ruling. In the clearest case, a legal rule set down by the US Supreme Court binds courts ...
- 206k
0
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Can precedents established in Native American law be used as a foundation in US law precedent?
canada
Perspective from Indigneous law and legal traditions (including anything analagous to common-law precedent) are relevant to various issues in Canadian law.
For one:
The dual perspectives of ...
- 36k
0
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Can you take back a gift?
Since a question with slightly different details has been closed as a duplicate of this, I think it is neccessary to add some basics that weren't present in the original question:
A gift is basically ...
- 3,862
0
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property damage - redress/ options to victims - specifically commercial victims
Absent negligence or deliberate intention, there is no redress
new-south-wales
Placing products on display where they might be accidentally damaged is a choice the store makes, and they display them ...
- 192k
1
vote
property damage - redress/ options to victims - specifically commercial victims
united-states
Damaging good offered for sale is a tort (either negligence or conversion) for which compensatory damages (usually measured by fair market value) are available as damages that can be ...
- 185k
0
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Is common law required in the federal system in the US?
Imagine that for some reason, defying any obstacle, Congress passes a law to just exchange common law for civil law (...)
"Common law" or "civil law" is not some sort of clear-cut ...
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2
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Accepted
Which legal system has more specific and generic laws?
The premise shows have a huge misconception about what makes a law:
Civil legal system has no included laws, only the civil/penal code exist and you can not be punished for anything that is not ...
- 31.3k
5
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Is common law required in the federal system in the US?
This question has not been adjudicated nor has the scenario you envision been attempted.
However, see John Harrison, "The Power of Congress Over Rules of Precedent" (2000) 50 Duke L.J. 503. ...
- 36k
4
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Is common law required in the federal system in the US?
There is no structural requirement in federal law requiring courts to recognize precedent, however the proposal to "exchange common law for civil law" is hopelessly vague (we don't actually ...
- 206k
0
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Is common law required in the federal system in the US?
Yes, it is
If Congress attempted such a change, the Supreme Court would almost certainly strike it down as beyond their power. That’s because it would fundamentally change the functions of the Supreme ...
- 192k
11
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Is common law required in the federal system in the US?
Since common law is subordinate to statutory law, any common-law jurisdiction can eliminate any part of common law by enacting a statute. Many US states have done this with criminal law, for example, ...
- 33.5k
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