Questions tagged [case-law]
The case-law tag has no usage guidance.
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Should the decision about an Extradiction be based on the Legistlation or on the Juristiction of the executing member state?
The case of the extradiction of the Spanish politician Carles Puigedemont made me wonder whether the justification of the partial non-execution of the European Arrest Warrant (EAW), decided by the ...
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Are there doctrines of contract law that limit potentially open-ended liability?
Sometimes when you have a contract with another party, the exact dollar amount that you as a customer would owe is not firmly specified. Instead there may be a statement about what would be the charge,...
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Case law relating to gender expression
I recently discovered the existence of Local Law No. 3 (2002); N.Y.C. Admin. Code § 8-102(23) - which allows for people to be fined up to $250k for using the wrong gender pronouns.
Even after cutting ...
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Rights and licensing of joint works in Canada
In researching copyright laws relating to works of joint authorship, I came across this McMillan article.
While the situation is clearer in the US and UK, the article discusses how in Canada, absent ...
- 4,951
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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 ...
- 21.9k
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How do you search for the status of current legal proceedings?
I'm curious about the case of Tristan Rettke, who was charged with civil rights intimidation for toting a confederate flag bag of bananas while wearing a gorilla mask at a BLM protest in 2016. The ...
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What are the standard references for reviewing case histories involving lawsuits against school districts in Texas?
I am not a lawyer and am just learning the very basics of legal research. My county court has an extensive library open to the public, but I have no idea which books I should consult to read the ...
- 561
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What is the UK legal position of an "Executive Summary"
I heard today (from my manager, who says he was told it by a lawyer friend) that "Executive Summary" has a specific UK legal definition, backed up by case law.
The claim is that if a report ...
- 204
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Do courts in a common law system ever make decisions about law without a presented case?
In the United States, the Supreme Court does not make a decision about the validity of a law without a specific case presented to them. Are there any examples of common law systems in which a court is ...
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Someone owes money in Australia
Someone owes money in Australia, Can I file case against that person?
He owes more then $14K+ and he does say he will pay back, but he hasn't made any payment and does not attend calls anymore, it's ...
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How to find case law for a particular subject
How can I find case law for a particular subject in my state (Massachusetts)?
I have access to Lexis/Nexis, but my experience is that subject searches rarely work. For example, one topic I need to ...
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The 4th Amendment and case law relevant to police power for arrests without a warrant
The 4th Amendment states that
The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no ...
- 215k
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Where can one go to find caselaw of US federal criminal statutes?
I'm interested in a website or other starting point where I can see an index of all the high level prosecutions undertaken under USC XX s.s. YYYY over the course of the given law's history on the ...
- 21
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How deterministic are modern legal systems?
I am a software engineer trying to understand how judges make decisions in lawsuits. In computer and other sciences there is a concept of deterministic system:
In mathematics and physics, a ...
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Has "deceiving a machine" been prosecuted/defined in practice?
Alaska Statutes - Section 11.46.985 ("Deceiving a machine") states:
In a prosecution under this chapter for an offense that requires "deception" as an element, it is not a defense that the ...
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