Questions tagged [case-law]
The case-law tag has no usage guidance.
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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. ...
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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 ...
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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 ...
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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 ...
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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/...
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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/
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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.
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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 ...
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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 ...
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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 ...
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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.
user48480
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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 ...
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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 ...
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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(...
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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 ...
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Are there examples of successful prosecution under the Espionage Act for non-classified materials (after that system was adopted)?
As discussed in the NYT regarding the FBI warrant executed on Mar-a-Lago
In particular, a third law the warrant references was Section 793, which carries a penalty of up to 10 years in prison per ...
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Is there ever any consultation between judiciary and legislative draftspeople?
Often one sees judges attempting speculatively to infer legislators' intents by reasoning about their language. Yet nonetheless the objective seems to be to ascertain the legislators' original ...
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Must a work be "essential" for fair use to apply?
In comments on this answer (now moved to chat) user supercat wrote:
While there seems to be a belief that use of short clips is automatically fair use, a key requirement of fair use is that the ...
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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 ...
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Difference between Magistrate court, Sessions Courts, & High Courts
In India, I've noticed that there are many types of Courts.
For example, within the same city, there are a few Magistrate courts, sessions courts, and a single High Court.
I understand we need more ...
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Find case law for Acts of Parliament
I am new to the field of law, focusing on common law (criminal only) in the jurisdiction of England & Wales.
I have searched the government legislation website for various acts, in this case the ...
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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?
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Is there a way to look up results of a case in the United Kingom just by having the case number?
I recently found a case on law360 that I want to know the outcome of.
In the article, they mentioned the following information:
case number (HT-2021-000213)
High Court of Justice of England and Wales
...
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Schweiker v. Chilicky
Following the Supreme Court case Schweiker v Chilicky, can’t congress theoretically violate the Constitution as long as Congress provides a remedy?
What I mean is that: If I were a congressman, and a ...
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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
...
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Why couldn’t declaratory reliefs in U.S. courts be used as a way forward to stop law-enforcement violence and overturn “qualified immunity”?
Summary of judgement is easier to achieve for civil remedies against claims against the law enforcement since a very narrow construction is used for a wrong having to match the facts of a previously ...
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Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?
Background
Say you are awarded $3,000 in compensatory damages, and the judge feels like treble damages would be appropriate for the specific facts of a case.
Questions:
Is the judge permitted to act ...
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Article 3 of the Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms of ECHR, has it ever been used?
This question arises out of a previous question on Hungary's prospects to overturn autocratic rule after an unlikely election victor of the unified opposition titled: Is it possible that the ECJ will ...
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In modern day America, why are libel, slander and defamation covered by separate laws?
In 21st century America the laws governing libel, slander and defamation are wholly separate even through they overlap in substantial areas, rather than there being a single law covering all three. Is ...
user41156
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Could attempting to codify case law that was decided many years ago open up the legal question again?
As of right now, gay marriage is legal based off of the case law resulting from the decisions of United States v. Windsor and Obergefell v. Hodges. These cases struck down Sections 2 and 3, ...
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