Questions tagged [case-law]
90 questions
18
votes
2 answers
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. courts probably see UDHR references in immigration…
kisspuska
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12
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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 coronavirus-inspired 10-person limit on in-person…
Looking for loopholes
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12
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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 cryptic thing after the quotation marks? How do I…
Christian Conkle
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11
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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 testify if a court clears the way and the Democrats'…
spring
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9
votes
5 answers
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 deterministic system is a system in
which no randomness…
Jonny
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8
votes
2 answers
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. Does it support my argument?
jimsug
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8
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2 answers
Is a specific date of occurrence required for a felony charge?
Can a person be charged for a felony in the state of Missouri without a specific date ever being stated that the crime occurred?
Example:
"Defendant committed a felony between the dates of Jan 1 2023 and Dec 31 2023 by beating the victim and…
Need legal help in MO
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7
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5 answers
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/paywalled sites).
And so the titular question: can the…
TylerDurden
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7
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What were the 3 charges of "attempting to influence a public servant" in the Tina Peters case for?
According to multiple press reports (e.g. BBC, CBS), among the 10 charges, on 7 of which Tina Peters was convicted, there were "three counts of attempting to influence a public servant".
Much/most of the press reporting alas doesn't explain how…
Looking for loopholes
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6
votes
1 answer
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 Authors and Inventors the exclusive Right to their…
Corbin
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6
votes
2 answers
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 "limited to?"
For example, a waiver could be written that "The business…
glenviewjeff
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6
votes
1 answer
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 explains how it arrives at a particular conclusion…
lgshost
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5
votes
4 answers
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 intentions.
If they really wanted to do this, it seems…
JosephCorrectEnglishPronouns
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5
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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 that the question -- that the answer turns on
…
user3309
5
votes
1 answer
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 Oberlandesgericht Schleswig-Holstein, is…
Martin Heimsoth
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