Questions tagged [legal-doctrine]

For questiones about a legal doctrine or concept, such as prior restraint, or hearsay, or clean hands

There are many legal doctrines or concepts that are invoked by name in court decisions and discussed in legal scholarship. Certain results flow when a doctrine or concept is found to apply in a particular case.

For example, if a regulation or law is found to be a prior restraint, it needs very strong justification to be upheld. If a litigant in an equity case is found to have unclean hands, that person's case is strongly disfavored. If a statement is held to be hearsay, it is only admitted if it fits a recognized exception to the hearsay rule. If a person holding a note is a holder in due course, that person has certain rights that a person who is not lacks. If a document is a work-made-for-hire, the employer owns the copyright and, in the US, is the legal author.

This tag is for questions that define, discuss, or turn on such a doctrine.

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Is the term "evil" defined in law?

An infamous clause found occasionally in software licenses is: The Software shall be used for Good, not Evil. This clause has been discussed in many places, including Software Engineering Stack Exchange and Open Source Stack Exchange. While a lot…
Robert Columbia
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How many times has the Major Questions doctrine been invoked by higher US Courts?

In West Virginia v. EPA the court invokes the "major questions doctrine," as part of it's justification for blocking what would otherwise have been landmark climate policy. This article claims that it's the first time the doctrine has been invoked…
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What exactly is the DoJ doctrine on legal cases involving election candidates in close proximity to elections?

According to a Dutch article from Flemish public broadcasting (https://www.vrt.be/vrtnws/nl/2023/06/14/speedy-trial-of-niet-waarom-ex-president-trump-er-alle-belang/) Trump's attorneys are likely to try and delay his trial as much as possible, until…
Nzall
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In deciding constitutionality of a law, can a court look beyond the text of the law, e.g. to ground realities?

I am not a lawyer. Hopefully my question makes sense. The question arises out of a specific case, but I want to broaden it to any jurisdiction where you have expertise (America, Europe and anywhere) and to the general principle. Can a court, in…
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My finance company charges more late fees than my contract states

I was late making a payment on a vehicle that I am financing and the late fee was high. I decided to go over my documents for my car and noticed that it states after 10 days, which they applied the late fee after the third day; a 15 dollar charge or…
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Basic books and documents to read for a comprehensive guide to US law

What are good books, docs, or PDFs for US and Virginia Law? There is the Constitution and Bill of Rights, but are more modern documents available?
Haridasa
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What would be required to overturn the Grainger test?

It seems to me the Grainger test seriously risks politicising the judiciary, leaving them to decide, quite undemocratically, in fact, on behalf of the populous what types of beliefs are or aren't acceptable or more specifically "worthy of respect"…