Questions tagged [case-law]
The case-law tag has no usage guidance.
82
questions
11
votes
2
answers
1k
views
What determines the time factor in a court reaching a decision?
Aside from scheduling, what factors determine how long it takes for a court to reach a decision?
My specific prompt for asking is the news that John Bolton is willing to defy the White House and ...
- 320
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 ...
- 478
1
vote
1
answer
93
views
How much time is allocated for analyzing case law during a trial
In a rather simple trial (driving infringement, penal court - NOT criminal), how much time is allocated to each party to analyze each others case law?
Is it expected to be done during the hearing, ...
- 27
0
votes
1
answer
39
views
Quoting a case law if original decision cannot be found
Decision X was taken long ago and is not accessible online to the public. There are several (> 10) recent decisions that describe and quote X, and they are available online to the public.
Is it ...
- 27
-2
votes
3
answers
400
views
Example of wills being declared forged without the signature being forged?
Is there case law in common-law-based legal systems regarding claims that a will is forged - but without the signature being forged, and without the text being altered after the signature?
For example:...
- 627
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
4
votes
2
answers
728
views
Is it error of law to judge on less relevant case law when there is much more relevant one?
A judge in a civil case makes a judgment justifying it by similar decision made in somewhat relevant case.
A party to the case is dissatisfied with the judgment. They find a more recent and, more ...
- 27.8k
0
votes
2
answers
125
views
Can case law never appealed in a higher court be appealed and overturned?
I will phrase this question in New Zealand legal terms but I am actually interested in any common law jurisdiction or any jurisdiction with adversarial system.
Say there is some case law made in the ...
- 27.8k
0
votes
1
answer
165
views
Is there a Federal statute regarding invasion of privacy when it comes to landlords?
I am wondering whether there is a federal statute or case law that discusses tenant rights to privacy? For example, a landlord enters a person apartment without their knowledge and one of the landlord'...
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, ...
- 4,878
0
votes
2
answers
183
views
Is a lie by ommission to make it seem like a legal offices services are required legal?
A friend was researching using a sperm donor she knows to do IVF. she got concerned when she read this website's legal 'advice' They basically say that unlike most states PA has no law that says a ...
- 8,500
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 (...
- 395
1
vote
1
answer
127
views
Did Ms. Mapp have a right to take the search warrant?
In Mapp v. Ohio:
She demanded to see the search warrant. A paper, claimed to be a warrant, was held up by one of the officers. She grabbed the "warrant" and placed it in her bosom. A struggle ...
- 143
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