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Is case law legal?
Is case law legal? - Trends
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is called "common law" and it binds future decisions. In cases where the parties disagree on what the law is, an idealized common law court looks to past precedential decisions of relevant courts. If a similar dispute has been resolved in the past, the court is bound to follow the reasoning used in the prior decision (this principle is known as stare decisis ). If, however, the court finds that the current dispute is fundamentally distinct from all previous cases (called a " matter of first impression "), judges have the authority and duty to make law by creating precedent . 3 Thereafter, the new decision ...
Our struggle to identify the sort of diversity that is conducive to a vibrant, participatory, and just society is primarily a political inquiry, not a constitutional one. If one has any doubt about the impoverished state of our public discourse regarding key social concepts such as “diversity” and “discrimination,” look no further than last week’s decision by the Supreme Court in Christian Legal Society (“CLS”) v. Martinez . The case stemmed from the University of California-Hastings School of Law’s decision to withdraw recognition from the student chapter of CLS because, while the group ... Read More
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IS CASE LAW LEGAL?
- GregSinfield C Vajda says SKF is great shift in ECJ case law but leaves legal certainty up in the air
- Tinkertweaker RT @CoachDB18: How can Mexico be given standing in DOJ case vs AZ, when basis of their challenge is preeminence of Fed law? Mex has stake in US legal sys?
- Lawyerscom Demystifying the #Law: How Case Law & Administrative Law Is Made - Lawyers.com Blog http://bit.ly/ciqaim #legal
mr. lochtan talks about case law with legal studies students
9-27-2007 Law and Order: The Case Behind Securities Class Action ...