All Questions
Tagged with case-law legal-citation
13
questions
5
votes
1
answer
460
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 ...
- 331
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/...
-2
votes
1
answer
73
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/
1
vote
1
answer
162
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 ...
- 331
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 ...
- 3,934
1
vote
0
answers
52
views
What California appellate court case is this call-privacy case?
I am looking for a case where a California appellate court made a factual analysis if the state's confidential communications statutes, Pen. Code § 632, et seq., was applicable where the call was too ...
3
votes
1
answer
155
views
How can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or rulings on a given statute?
how can one find a comprehensive enumeration of all the precedent setting cases that pertain to a particular issue or the application of a particular statute?
4
votes
1
answer
463
views
The parties in an appealed criminal case
I have a question with regards to the parties of a criminal case on appeal.
In a civil case for example, Adam v Seaside Holdings Ltd, the parties are:
Appellant: Adam
Respondent: Seaside Holdings Ltd
...
- 173
18
votes
2
answers
4k
views
What are the formal requirements to cite the Universal Declaration of Human Rights in U.S. courts?
I understand that there has been no attempt to broaden protections subject to civil rights in the U.S. on the grounds of human rights so there is likely no example for such a reference, but U.S. ...
- 3,934
0
votes
0
answers
15
views
Searching New York civil litigation case law
Are civil cases litigated in the state of New York between private businesses back in the 1980s accessible to the general public somewhere somehow, either free or behind a paywall?
Say I know that a ...
- 27.8k
0
votes
1
answer
149
views
Have there ever been any cases where someone sued their government for not delivering their passport in a reasonable amount of time?
I am wondering if there have been any cases in Canada that were heard before a court or tribunal, or even if there was any informal dispute that was discussed in any media. Surely many people in the ...
- 630
1
vote
1
answer
277
views
Can only the government official who appointed an employee fire that employee?
In the PolitiFact article Can Donald Trump fire Special Counsel Robert Mueller?, law professor Ric Simmons is quoted:
The Supreme Court has stated (outside the special counsel context) that only ...
- 161
1
vote
1
answer
955
views
Was there a consideration in Merritt v Merritt case agreement?
The Merritt v Merritt case is often used in teaching Contract Law for demonstrating one of the six elements of contract — intention to create legal relations (the parties had been separated and the ...
- 27.8k