Questions tagged [case-law]
The case-law tag has no usage guidance.
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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. ...
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Is there any judicial precedent regarding US governors' power (or lack thereof) to limit church attendance in an emergency?
A federal judge in Kansas ruled it might be unconstitutional:
A federal judge signaled that he believes there's a good chance that Kansas is violating religious freedom and free speech rights with a ...
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How do I read a U.S. case citation and find the text of the opinion?
In something like this:
"We conclude that, in the field of public education, the doctrine of 'separate but equal' has no place." Brown v. Bd. of Educ.,
347 U.S. 483, 495 (1954)".
What is that ...
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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 ...
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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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How do I interpret a court judgement? What does it mean?
So I've figured out how to read a case citation and find the text of the judgement - maybe using some of the online resources.
As a novice, I'm trying to decide when the judgement actually applies. ...
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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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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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Has omitting "but not limited to" ever resulted in a lost case?
Given the ubiquitous use of the phrase "including, but not limited to," have courts ever actually upheld a misinterpretation of the English word "including" to instead mean "...
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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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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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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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What case was Justice Breyer referring to in the argument for Trevino v Thaler
Trevino v. Thaler, Oral arguments
MR. OLDHAM: Well, Your Honor, I think you
could do one of two things. You could always certify
the question with the Court of Criminal Appeals if you
thought ...
user3309
5
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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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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 ...
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