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1
Exploring the Vitality of Stare Decisis in America: Debut Symposium ...
This book is a report on the effort, touted as the most inclusive, important examination of American courts.
Zena D. Crenshaw-Logal,
2012
2
Case Law: Precedent, Stare Decisis, Case Citation, Board of Inland ...
the content of this book primarily consists of articles available from Wikipedia or other free sources online.
LLC Books, Books Group,
2010
3
The Singapore Legal System - Strona 298
This is the point of the doctrine of binding precedent (stare decisis). The Bench does not speak with one voice. What one judge declares to be law may not find favour with his brother judges. Are they constrained to accept what he says?
4
Information Technology and Lawyers: Advanced Technology in the Legal ...
The principle of stare decisis, that like cases should be treated alike is intimately linked to discretion and to processes of knowledge discovery from legal databases. Stare decisis is discussed in the next section. 4.2.3. Stare Decisis Stare ...
Arno R. Lodder, Anja Oskamp,
2006
5
Judges and Unjust Laws: Common Law Constitutionalism and the ...
Second, the word principle best denotes the breadth and generality of stare decisis's operation within common law systems.36 Third, the term institutional principle best underscores the analytic position of stare decisis within the common law ...
6
Legal Technique - Strona 235
Once a rule has been established in this way it is a precedent and it is likely be followed and applied in later cases because of the doctrine of stare decisis.3 When it operates with full force stare decisis requires a later court to follow a ...
Christopher Enright,
2002
7
Synthesis: Legal Reading, Reasoning and Writing in Canada
C. Stare Decisis and Precedent 1. Stare Decisis Judges have various reasons for writing opinions explaining their decisions. In difficult cases, the process of explaining the decision no doubt helps the judge actually come to the decision.
Margaret Elizabeth McCallum, Christina L. Kunz, Deborah A. Schmedemann,
2003
8
Paralegal Career For Dummies - Strona 40
The U.S. system of justice is based upon the doctrine of stare decisis (pronounced stare-y di-sigh-sis), which means that past court decisions (known as precedent) largely determine the outcome of future cases. As long as the facts and issues ...
Scott A. Hatch, Lisa Zimmer Hatch,
2011
9
European Yearbook of International Economic Law 2011 - Strona 425
In reality, however, the degree of precedent can vary between the single common law jurisdictions and sometimes even within a system of precedent.34 The doctrine of stare decisis is often referred to as a particular strong form of precedent.35 ...
Christoph Herrmann, Jörg Philipp Terhechte,
2011
10
Encyclopedia of American Civil Liberties - Strona xliii
... Civil Liberties in Rehnquist Court Religious Liberty under Eighteenth Century State Constitutions Religious Tests for ... Stare Decisis State Constitution, Privacy Provisions State Constitutions and Civil Liberties State Constitutions, Modern ...
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Stare Decisis, Goodgame, Livingood, and Westphal
Stare Decisis, Goodgame, Livingood, and Westphal. By Judge David ... The Kentucky Supreme Court is the highest court in that state. Twice in two months it has ... «WorkersCompensation.com, 10月 15»
A Win for Licensees: Royalty Payments Stop at Patent's Expiration
Additionally, to further affirm the Court's decision not to overrule Brulotte, Justice Kagan stated that stare decisis “carries enhanced force when a decision, like ... «The National Law Review, 7月 15»
The Proposed Investor-State Dispute Settlement (ISDS) Mechanism …
An investment court might not create predictable stare decisis (respect for precedent) that would help govern investor and national behavior. It is true that the ... «Heritage.org, 7月 15»
Celebrate Liberty Month: Stare decisis and the separation of powers
That's where stare decisis comes in. Like the Constitution itself, judicial precedent offers a preexisting, publicly accessible source of legal meaning. «Washington Times, 7月 15»
Supreme Court Affirms Ban On Patent Royalties After Patent Expiration
The decision specifically relies on the principle of stare decisis, upholding the Supreme Court's 1964 decision in Brulotte v. Thys Co., 379 U.S. 29 (1964) and ... «Mondaq News Alerts, 7月 15»
Supreme Spiderman Royalty: Decision Summary By Quoted Puns …
As against this superpowered form of stare decisis, we would need a superspecial justification to warrant reversing Brulotte. . . . Brulotte, then, is not the kind of ... «Mondaq News Alerts, 6月 15»
Supreme Court applies stare decisis in patent case
Indeed, Justice Alito's characterization in dissent said it all: “The Court employs stare decisis, normally a tool of restraint, to reaffirm a clear case of judicial ... «IPWatchdog.com, 6月 15»
STAN LEE Comments On His Supreme Court 'Guest Appearance'
Finding many reasons for staying the stare decisis course and no 'special justification' for departing from it, we decline Kimble's invitation to overrule Brulotte. «Newsarama, 6月 15»
The Supreme Court Should Not Abandon 'Stare Decisis' in 'Kimble …
The Supreme Court's 1964 decision in Brulotte v. Thys Co. has been among the Court's more heavily criticized patent law decisions. A number of academics and ... «Forbes, 3月 15»
Attorney general says Amendment 1 might be toothless
"Accordingly, a court considering a legal challenge to the same reenacted statutory provisions might apply the doctrine of stare decisis and hold that the ... «Knoxville News Sentinel, 2月 15»