Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Legal precedents


Related Topics

In the News (Fri 27 Nov 09)

  
  Legal Precedents   (Site not responding. Last check: 2007-10-07)
Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making.
Binding or mandatory precedent is a precedent under the doctrine of stare decisis that a court must consider when deciding a case.
One's position in an order of precedence is not necessarily an indication of functional importance, but rather an indication of ceremonial or historical relevance; for instance, it may dictate where dignitaries are seated at formal dinners.
www.wwwtln.com /finance/114/legal-precedents.html   (461 words)

  
 CIS 1033
Legal Environment: Students will be able to explain and apply legal concepts, precedents, and statutes that impact the practice of accounting and auditing/assurance reports.
Legal requirements are dynamic, and potential liability can stem from both common and statutory law.
With regard to the legal environment, students must be able to identify the legal standing of litigants and explain degrees of negligence.
www.saumag.edu /assessment/Spring2001AssessmentReports/Accounting/ACCT4003AssessmentProjectRiner.htm   (454 words)

  
 Precedents   (Site not responding. Last check: 2007-10-07)
Senate Precedents Regarding the Vice President of the United States Details about historical Senate precedents regarding the President of the Senate are provided by Riddick's Senate Procedure, in adobe acrobat (pdf) format.
Narrativa interactiva Bibliografia, precedents, jocs, hiperficcions i entorns narratius, i recursos docents.
The African American Reparation Action Network This page points out that there are many precedents for reparations to slavery, in that many other oppressed ethnic groups have been given compensation for crimes against humanity.
www.serebella.com /encyclopedia/article-Precedents.html   (229 words)

  
 Moral Soriano: A Progressive Foundation for Precedents   (Site not responding. Last check: 2007-10-07)
According to these rules, precedents are relevant in the argumentation of judicial decisions at two levels: at the level of internal justification, precedents contribute to the consistency of judicial decision; at the level of external justification, they contribute to the coherence of legal reasoning.
These arguments explain why precedents are relevant in legal argumentation and legal justification, which precedents judges should refer to, and how to use precedents in legal argumentation and legal justification.
In this sense, the absolute binding force of precedents has been rejected, for such binding force is incompatible with a model of argumentative legal reasoning.
www.mpp-rdg.mpg.de /moral7.html   (318 words)

  
 Guest Comment on NRO
Despite the ease with which this question is resolved, other legal questions are certain to follow.
It is highly unlikely that a court will take any step that will reverse the outcome of the popular vote as it is calculated in the recount — and that is a fair prediction whether the judge is a Republican or Democrat.
The only things accomplished by these endless legal challenges are prolonging the inevitable, eroding public confidence in the democratic (and, perhaps Democratic) process, and the further displacement of the rule of law by the rule of lawyers.
www.nationalreview.com /comment/comment110900d.shtml   (522 words)

  
 law.html   (Site not responding. Last check: 2007-10-07)
It is important that you read the assigned material before class, as the lectures will touch on only the important legal cases and rely more on your understanding of the circumstances, the facts of the case, and the reasoning behind the opinion of the court.
Your grades will be decided by your ability to reason with legal precedents and apply them to contemporary issues and problems that will be thrown at you in the shape of hypothetical legal situations and disputes.
The legal opinion will be a document that states whether you, as a justice of the Supreme Court, found in favor of the plaintiff or the defendant.
www.d.umn.edu /~aaima/law2.html   (1287 words)

  
 Legal precedents for writing on clothing - especially when worn by children?
A lot of people reading this group would not be as horrified as the proverbial person in the street; I wouldn't have let either of my daughters wear such a garment at that age (the elder is now in her 20s, and I'd still feel a little uncomfortable about her sporting such an "invitation".
However: as a matter of formal censorship law and practice: 1) are their precedents in your jurisdiction relating to writing on clothing as "obscene/ indecent/ objectionabe" or whatever the term is usually applied to "publications"?
I think I can recall a couple of incidents local to me (in New Zealand) of defendants being instructed to remove or cover garments bearing the classic ' F word' while actually in the dock, but I can't call to mind any general censorship of a piece of clothing as a "publication".
www.talkaboutabook.com /group/alt.censorship/messages/219362.html   (424 words)

  
 Legal Realism   (Site not responding. Last check: 2007-10-07)
Instead, they just decided what side of a case they liked, then found the cases and language to justify a decision they had already made based on their political, class, ethnic or other views - or just on how much they liked one lawyer's necktie.
The law - as the legal realists said - was not abstract, but decided by men with prejudices and biases like any other group of humans, then rationalized with cases and precedents (but there are always precedents on either side of a big case).
This leaves the consideration of important legal issues, even issues as big as impeaching a president, as highly personal, and therefore political matters.
ontology.buffalo.edu /smith/clinton/legalrealism.htm   (654 words)

  
 Legal Data Solutions   (Site not responding. Last check: 2007-10-07)
In spite of this, many law firms are still struggling with inadequate precedents procedures, with little or no utilisation of the various automated systems at their disposal.
With years of “hands on” industry experience running precedents departments for large firms, as well as setting up systems from scratch for small organisations utilising basic office software, LDS can design and implement a precedents system which will work with your existing tools, within your current office environment and within your tightest budget.
Whether you already have an established precedents department or are a small to medium sized firm wanting to create a new system, you can rely on LDS to provide a resourceful and adaptable solution to suit your firm’s needs.
www.webspawner.com /users/legaldatasolutions   (664 words)

  
 Department Of Commerce Office of Human Resources Management
Completed work is assumed to be accurate with respect to legal citations, treatment of facts and other aspects of technical treatment and may be subject to review for soundness of approach and argument, application of legal principles, and consistency with governing policies, procedures, and regulations of the agency.
There is often an absence of clearly applicable precedents due to the novelty of the issue and the complexity of the factual situation.
In choosing the correct legal strategy for resolving the specific legal issue, the incumbent must apply a sound knowledge of the specific legal field and creativity to adapt legal theories to the specific factual situation.
www.ita.doc.gov /hrm/pdlib/gs90512c.html   (704 words)

  
 Legal Advocacy   (Site not responding. Last check: 2007-10-07)
Whether in administrative hearings or in the courts, our mandate is to help enforce the state's growth management laws, and protect the right of citizens to ensure their impartial enforcement.
Our litigation program carefully selects cases to establish legal precedents that are vital to maintaining the integrity of growth management.
Important Legal Decisions -- This includes a synopsis of recent Florida legal cases that impact growth management, as well as information on 1000 Friends' role in some of the most important growth management cases of the last 15 years.
www.1000friendsofflorida.org /Legal_Advocacy/Legal_Advocacy_Main.asp   (319 words)

  
 The Journal of Asian Law | Back Issues
On the other hand, they expressed serious doubts as to "whether these cases have the force of precedents," and "will be cited by judges in their decisions." The conclusion these scholars reached was that "[t]hese published decisions do not...
They will be used only as models to help less experienced judges learn methods of legal reasoning." This article will show that decisions reported in the Gazette may actually carry force as precedents, depending on the comments the Court makes as well as on the sensitivity of the issues involved.
Part III examines the dispute over whether cases reported in the Gazette merely provide "guidance" or serve as binding "precedents." Following a description of the way court decisions are chosen, edited, and eventually printed in the Gazette, this article analyzes the actual function such decisions play in the Chinese judicial process.
www.columbia.edu /cu/asiaweb/v5n1liun.htm   (298 words)

  
 Legal Research
A precedent is a piece of common law which can be used to support a current case in a court of law.
Precedents can also be used to help the attorneys set a monetary value on civil cases and point toward an appropriate sentencing recommendation for criminal cases.
Legal realism means that the legality of a current case is largely determined by previous legal decisions.
www.rpi.edu /~verwyc/LAWOH2.htm   (1669 words)

  
 [No title]   (Site not responding. Last check: 2007-10-07)
The paralegal specialist's duties may include assisting in examining case files to determine issues and sufficiency of evidence or documentation; searching for legal precedents, analyzing their applicability, and preparing digests of points of law involved.
Assignments may involve developing and justifying recommendations for agency action on legal issues; analyzing appellate records to isolate facts pertinent to distinct legal issues; interviewing and evaluating potential witnesses; preparing for hearings and court appearances by briefing attorneys on the issues and by assembling and arranging case files, documents, and exhibits.
Typically there are many related precedents that must be carefully analyzed to determine which most nearly fit the situation, and the employee must use considerable judgment in interpreting and adapting guidelines to specific issues.
mis.doe.gov /pddl/DocView.asp?PDID=205   (1183 words)

  
 IUS.lv - Žurnāla "Likums un Tiesības" mājas lapa   (Site not responding. Last check: 2007-10-07)
The purpose of the article is to reflect the role of legal precedents of the European Court of Human Rights (ECHR) in the legal systems of states signatories of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) and in the further jurisprudence of the ECHR.
In principle, although the precedents of the ECHR are only de facto binding on the state signatory of the Convention, the first instance courts and all the courts of appeal ought to apply the Convention (as interpreted by the ECHR).
First, the ruling of the ECHR must be abstracted from the differential specifics of the particular case and the specific domestic legal system; second, the meaning of the ruling must be meaningfully transposed into the situation of the domestic legal system; and third, the ruling must be applied to the specific domestic case at hand.
www.ius.lv /anotacija_arhivs_2004_apr1_eng.html   (556 words)

  
 SSRN-Judicial Precedents in Civil Law Systems: A Dynamic Analysis by Vincy Fon, Francesco Parisi   (Site not responding. Last check: 2007-10-07)
The effect of Civil law doctrines of precedent on the process of formation and evolution of case law is examined.
The evolution of case law under these doctrines of precedents is modeled, considering the possibility for consolidation, corrosion and stability of legal rules.
The effect of different doctrines of precedent on the patterns of evolution of the legal system is studied.
papers.ssrn.com /sol3/papers.cfm?abstract_id=534504   (386 words)

  
 Legal Precedents - Planet Newsletter - Sierra Club
In this case the suit was against the Kings County Board of Supervisors, which had approved the environmental impact report for the dairy.
On the sprawl front, the Club's legal team is targeting major highway projects that threaten to open up pristine lands to sprawl - and violate air-quality standards.
Using a different angle, the legal team challenged the proposed Grand Parkway in Houston, Texas, another beltway for the city.
www.sierraclub.org /planet/200101/legal.asp   (758 words)

  
 The Muslim News - Legal precedents being set for marital disputes
It goes without saying that had she relied on her legal representatives to conduct such research on her behalf, her costs would have increased significantly.
All too often, Muslim women are faced with patronising attitudes from welfare and legal professionals who assume that a Muslim woman, once free from an abusive relationship, is somehow ‘liberated’ from her ‘oppressive religion and culture’.
Fauzia Ahmad has also pointed out that Lord Ahmed, in 1999, in a debate on marriage in the House of Lords, noted that legal professionals often placed the burden of religious expertise on the shoulders of their clients and called for Islamic marriages to be recognised under British law.
www.muslimnews.co.uk /paper/index.php?article=1408   (1509 words)

  
 [No title]   (Site not responding. Last check: 2007-10-07)
Mission Statement: Lambda Legal is a national organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and those with HIV through impact litigation, education, and public policy work.
Lambda Legal carries out its legal work principally through test cases selected for the likelihood of their success in establishing positive legal precedents that will affect lesbians, gay men, bisexuals, the transgendered, and people with HIV or AIDS.
Lambda Legal also maintains a national network of volunteer Cooperating Attorneys, which widens the scope of our legal work and allows attorneys, legal workers, and law students to become involved in our program by working with our legal staff.
www.lambdalegal.org /cgi-bin/iowa/about   (265 words)

  
 Roberts: I'll Respect Legal Precedents - The American Policy Roundtable - News   (Site not responding. Last check: 2007-10-07)
Although their role in deciding major social issues of the day should be "limited," justices are fully within their power to overturn acts of Congress and the president if those branches overstep their authority.
Some legal experts said Roberts' statements were noteworthy for striking a careful balance.
Roberts worked in the administrations of President Reagan and the first President Bush, during which time he co-wrote a legal brief for the administration arguing that Roe should be overruled.
www.ohioroundtable.org /news/newsindividual.cfm?news_ID=650&issuecode=juda   (931 words)

  
 Peeking Abroad?: The Supreme Court's Use of Foreign Precedents in Constitutional Cases
This essay criticizes the Supreme Court's use of foreign legal precedents in constitutional cases.
Second, reliance on such decisions breaks the relationship between the people and their government as expressed in the Constitution, because foreign courts are interpreting a different document within a different constitutional and political context.
Third, to the extent use of these precedents has focused on European decisions, it is unclear whether the United States should seek to coordinate its constitutional solutions to problems with those of Europe.
repositories.cdlib.org /boaltwp/132   (251 words)

  
 Citations: Modelling reasoning with precedents in a formal dialogue game - Prakken, Sartor (ResearchIndex)   (Site not responding. Last check: 2007-10-07)
The second system considered here is presented by Kowalski and Toni in [9] as an application of the theory set out in [1] This system, which will be referred to as the KT logic, is not yet as fully developed as that of Prakken and Sartor, but is, in principle, equally expressive, also allowing....
that an accurate model of legal reasoning must be based on a more liberal perspective, which accords at least some meaning to the intermediate steps through which the outcome in a precedent case is determined.
....argument, stating a counterexample is a rebutter, and distinguishing a precedent is an undercutter.
citeseer.ist.psu.edu /context/344621/126460   (1721 words)

  
 precedent --  Encyclopædia Britannica
Common law and equity, as found in English and American legal systems, rely strongly on the body of established precedents, although in the original development of equity the court theoretically had...
Such rules are intended to maintain decorum, to ascertain the will of the majority, to preserve the rights of the minority, and to facilitate the orderly transaction of the business of an assembly.
In the north, two separate legal systems operated: (1) a religious one, applying the principles and precedents of the Shari'ah (the Islamic legal code; since the content of the Shari'ah varies according to sect, in effect there were two religious codes, the Zaydi and the Shafi'i), and (2) a tribal...
www.britannica.com /eb/article-9001153?tocId=9001153   (924 words)

  
 Crimes Of War Project > Magazine > New Legal Precedents
Common Article 3 of the 1949 Geneva Conventions, which is encompassed by Article 3 of the Statute, was intended to apply specifically to civil wars.
The Appeals Chamber went on to delineate the legal criteria for establishing when an internal armed conflict may become international.
In applying the law to the facts, it found that at the time and place of the events charged in the indictment, the conflict did indeed have an international character, and thus the grave breach charges had been inappropriately dismissed by the Trial Chamber.
www.crimesofwar.org /tribun-mag/mag_balkans3.html   (405 words)

  
 Collected Precedents of the S.C.A.: Legal Name Allowance
Submissions that are calling on the Legal Name Allowance and do not have a photocopy of identification included as part of the submission will be considered on a case by case basis.
A few commenters noted the similarity between the submitter's legal given name (Cymbric) and the Welsh word for the Welsh (Cymri); the consensus among those who discussed it and those attending the Laurel meeting was that it was not sufficiently obtrusive to warrant return.
The rule clearly states that "elements of the submitter's legal name may be used as the corresponding part of a Society name, if such elements are not excessively obtrusive and do not violate other sections of these rules." (emphasis added) Gordon seems no more obtrusive than Ruby, the example used to illustrate this rule.
www.sca.org /heraldry/laurel/precedents/CompiledNamePrecedents/LegalNameAllowance.html   (5204 words)

  
 WEC - Legal Victories
The WEC Legal Program involves a broad network of private attorneys and attorneys employed by other non-profit organizations in a coordinated effort to protect and restore the natural resources of the State of Washington.
WEC Legal Committee: WEC encourages all of its cooperating attorneys to serve on the WEC Legal Committee.
The Legal Committee meets once a month to evaluate new case proposals, discuss case developments, develop long term legal strategy, and provide advice to the WEC Board of Directors.
www.wecprotects.org /legal/l_indepth.cfm   (356 words)

  
 Legal Precedents and Law Review Articles Now Available - Parenting with a Disability, Volume 10, Issue 3, Nov/Dec 2002   (Site not responding. Last check: 2007-10-07)
TLG has summarized legal precedents and law review articles relevant to marital custody and child protection situations of parents with diverse disabilities.
This material may be of assistance to attorneys in the preparation of cases involving parents with disabilities by providing general information on custody, disabilities and recent case law.
Our document summarizing legal precedents and law review articles will always be a project in flux.
www.lookingglass.org /newsletter/read_announcement.php?item_id=27   (137 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.