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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 ...
lgshost's user avatar
  • 331
2 votes
0 answers
146 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
2 votes
0 answers
62 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
4 votes
4 answers
188 views

Are legal precedents or tests ever created outside of a traditional trial?

Layperson question ahead. My understanding is that laws as passed by federal, state, and local bodies are often open to interpretation. When a question arises during a trial, a judge's logic and ...
Brian R's user avatar
  • 478
1 vote
1 answer
78 views

Was anyone held liable/accountable in the 2018 Hawaii False Missile Alert?

On January 13, 2018, with belligerent threats and nuclear tensions between the US and North Korea on a knife edge, civil authorities in the US state of Hawaii sent out an alert to all cell phones, ...
WBT's user avatar
  • 4,878
1 vote
1 answer
516 views

Does statute take precedence over case law (in the US)?

Hypothetical situation: An US court decides a case for which there is no statute nor previous court decision (precedent) which would provide how the case should be decided (resolved). So the court (...
n00p's user avatar
  • 395
2 votes
2 answers
3k views

What is the significance of dissenting opinions in appellate court decisions?

Appellate courts often hear cases en banc and decide them by simple majority of the judges on the bench. The majority will typically sign a single "per curiam" decision, which constitutes the ...
feetwet's user avatar
  • 21.9k