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Questions tagged [case-law]

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2 votes
1 answer
53 views

Are there any law casebooks that cover UCC Articles 5, 6, and 7?

I am aware of casebooks that cover UCC Article 2, 2A (Sales + Leases); UCC Article 9 (Secured Transactions); UCC Articles 3, 4, and 4A (Payment Systems). I presume UCC 8 is covered by Securities Law. ...
chromazene's user avatar
5 votes
1 answer
452 views

Can you cite parts of a case if the core issues in the case were later overruled?

There is a discussion in a decision I am looking at, that supports one of my arguments in my own case. In the decision, the court discusses one of the issues before it, let's call it Issue S, and ...
lgshost's user avatar
  • 331
2 votes
0 answers
145 views

Which countries guarantee right to anonymous communication? Have there been court cases validating the right?

I know many countries still have burner phones - i.e phones or SIM Cards which aren't tied to any identifiable person? Are there countries which guarantee right to anonymous communication? Are there ...
user93353's user avatar
6 votes
1 answer
526 views

How constitutional is working for hire?

In the USA, copyright law may only be established with respect to the Copyright Clause of the Constitution: To promote the Progress of Science and useful Arts, by securing for limited Times to ...
Corbin's user avatar
  • 446
7 votes
5 answers
4k views

Can a court’s decision be copyrighted?

See this page: If the citation column does not include a hyperlink, then copyright restrictions prevent BAILII from publishing the judgment (missing cases may be available on other commercial/...
TylerDurden's user avatar
-2 votes
1 answer
72 views

Where can one find the full decisional text of R v Hale (1979) 68 Cr App R 415, [1979] Crim. L.R. 596? [closed]

Can’t seem to find anything other than bare summaries. Can anyone find it anywhere online? https://lawprof.co/criminal-law/property-offences-cases/r-v-hale-1979-68-cr-app-r-415-1979-crim-l-r-596/
TylerDurden's user avatar
2 votes
0 answers
61 views

What precedents specify the scales of compensation for false arrest, and how would one set about finding them?

According to an unreferenced law firm’s website, As a general guideline, you may be able to claim around £870 for the first hour of false imprisonment, which increases to around £5,210 for 24 hours. ...
TylerDurden's user avatar
1 vote
1 answer
82 views

Which legal system has more specific and generic laws? [closed]

With respect to the Common Law System and the Civil Legal System, which of these have more specific laws and which are more generic? This question could also cover any other law systems in regards to ...
user5623335's user avatar
  • 1,190
1 vote
3 answers
207 views

Can courts override regulations?

It is inconceivable that the courts of law could override statutes. The courts are bound by statutes, and only have leeway in interpreting them where they are vague. But does the same apply to ...
Greendrake's user avatar
  • 27.2k
1 vote
1 answer
156 views

Why do some decisions reference case law that references other case law? Why not just reference the original case law? [duplicate]

I have seen this loads of times as I read through court decisions and case law. I am reading a Decision issued by an appeals court, and the judges cite a case that in turn cites a case. Here is the ...
lgshost's user avatar
  • 331
0 votes
1 answer
56 views

Are there legal cases related to trademark infringement for using names inside a work?

Are there any legal cases regarding trademark infringement when a name is used inside a work? E.g a video game containing a location named using a trademarked name.
user avatar
1 vote
2 answers
64 views

Which case is "Sheperd" and is it still relevant?

While doing some handiwork and idly listening to a reading of a memorandum of law in a case called Khoberger from Idaho, the court repeatedly argues a SCOTUS case only named as "Sheperd" or ...
Trish's user avatar
  • 41.2k
2 votes
1 answer
135 views

How is the practice of non-publication of appeal-court opinions of states and the U.S. not in violation of the Fifth and Fourteenth Amendment?

Defendant A is deemed not liable in a suit in light of the facts of the case, fact A, B and C for damages at appeals, but the opinion of the U.S. Court of Appeals for the Nth Circuit is officially ...
kisspuska's user avatar
  • 3,924
0 votes
1 answer
59 views

Is the non-applicability of copyright to software interfaces considered settled law?

In computer software, it's common for a system to expose an Application Programming Interface (API) for other software to interact with it. For example, a smart lightbulb might expose a SetBrightness(...
MooseBoys's user avatar
  • 101
-2 votes
2 answers
131 views

Can law.SE activity decisively influence future case law?

Meet Bob. Bob has a legal theory which seems intuitively correct, but various types of personalities in the world, perhaps even the majority of people, including many judges, find this deeply ...
JosephCorrectEnglishPronouns's user avatar

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