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20 votes
Accepted

Can a previously binding precedent be overturned based on its rationale being outdated?

An "outdated rationale" is one factor to be considered when overruling precedent. Yes. Precedent relies on respect for the principle of stare decisis, the idea that courts should stand by ...
bdb484's user avatar
  • 60.4k
7 votes
Accepted

Force allowed against pickpocket

colorado In the U.S., this is largely a question of state law and while similar from state to state, it is not identical. In Colorado, which basically follows the majority rule, there are a couple of ...
ohwilleke's user avatar
  • 218k
6 votes
Accepted

When is a polite euphemism a binding command?

The meaning of a verbal statement is determined from the entire context by the finder of fact. Are the scales of this question especially tipped towards yes if it took place in a place such as ...
ohwilleke's user avatar
  • 218k
5 votes
Accepted

Does the "reasonable person" standard change based on social acceptance?

Does that mean that the "reasonable person" standard also changes over time? The reasonable person standard changes every time a new finder of fact, either a judge or a jury, considers a ...
ohwilleke's user avatar
  • 218k
5 votes

Can a previously binding precedent be overturned based on its rationale being outdated?

canada Vertical stare decisis Trial courts are generally bound by existing precedent from higher in the appellate hierarchy. This is the principle of vertical stare decisis. However, a trial judge ...
Jen's user avatar
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4 votes
Accepted

The reasonableness in UK stalking laws

The offence of stalking is found in the Protection From Harassment Act 1997. There are separate offences for "ordinary" stalking and stalking involving fear of violence / serious alarm / ...
JBentley's user avatar
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4 votes

Force allowed against pickpocket

canada Force could be justified as defence of property (Criminal Code, s. 35) or as a citizen's arrest (Criminal Code, s. 494). Defence of property The act committed in defence of property must be &...
Jen's user avatar
  • 57.4k
3 votes
Accepted

What is - and isn't - "harassment" "alarm" and "distress"?

Harassment, alarm and distress are for the trier of fact to define That is, whether particular behaviour in a particular case amounts to harassment, alarm or distress is a question of fact, not law. ...
Dale M's user avatar
  • 211k
3 votes

When is a polite euphemism a binding command?

In the US, it depends on who is asking. Although a polite request by a premise owner or agent would ordinarily be interpreted to be requirement (you have been told to leave, staying constitutes ...
user6726's user avatar
  • 215k
3 votes
Accepted

Disabling a neighbour’s malfunctioning alarm

england-and-wales Noise can be annoying, distracting, frustrating and - particularly when it results in lack of sleep - it can be prejudicial to health. Having suffered it myself, I have every ...
Lag's user avatar
  • 17.2k
2 votes

Disabling a neighbour’s malfunctioning alarm

Jen's answer addresses the first question. Regarding the second question: Otherwise is the proper lawful course of action to endure the endless shrieking disturbance until the system’s owner returns? ...
Pyrotechnical's user avatar

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