Case law refers to legal decisions made by courts in previous cases. It is the body of law that has been established through the interpretation and application of statutes, regulations, and constitutional provisions. In other words,
case law serves as a precedent or a guide for future cases with similar circumstances. Judges rely on
case law to make fair and consistent decisions when faced with similar legal issues in order to ensure justice is served.
Full definition
While the body
of case law in this area is expanding at the appellate level, it is not necessarily adding certainty and clarity.
The relative absence of
case law in this area makes it challenging to determine the most effective way to proceed with a human rights claim.
With changes in recent
case law on this issue, we have had success getting benefits for these workers.
More examples will allow me to find more
case law from higher level courts, and this will assist my research and give more weight to the paper.
Is there existing
case law as to whether parts of an older constitutional document can be found unconstitutional in light of newer constitutional documents?
Better yet, describe the argument you want to support
with case law, or ask if there's an appellate case that states the exact legal opinion you want.
A similar expectation now exists for
case law databases — the user expects them to include every accessible case.
This is a question of fact, taking into consideration the «badges of trade» as established
by case law.
This session included a review of
case law which was largely not included here.
As always, we bring you this quarter's
case law updates in privacy, freedom of information, confidentiality and the law of production.
The
Canadian case law on comparative advertising is often complex, contradictory and should be examined carefully when reviewing a proposed comparative advertising concept before the advertisement is produced.
What is needed instead are platforms that can deliver targeted technological support which allows researchers and practitioners to
review case law as it is created and made available.
The court found that
state case law supported this conclusion that a disclosed dual agent is not in a fiduciary relationship with his / her clients.
While the weight of
case law supports litigation funding as ethically robust and protected under work product doctrine, many states have not issued any opinion on the matter.
This edition is packed with the most up - to - date
case law developments in privacy, freedom of information, confidentiality and the law of production.
When at law firms, I also would take advantage of «table of contents» services at the firms for
case law reporters and journals.
Unlike, say, every single other ebook agreement, possibly making
new case law in doctrine of first sale as it applies to ebooks.
The judge or judicial clerk is able to read the text of the
cited case law on one screen while reading the attorney's brief on the other.
I do hope, however, that * someone * is retaining a core collection of print
case law reports.
This has allowed us to stay up - to - date on all
current case law as well as changes in state and federal employment law.
I think that the provision of
case law searching in the 80s, and perhaps earlier, really changed the methodology of legal research to some extent.
Currently,
federal case law includes a number of situations where a hostile work environment can develop.
The court did a great job reviewing
applicable case law addressing loss of future earning capacity at paragraphs 53 - 68 of the reasons for judgement.
Prior
case law makes it clear that absent an actual prior custody order, such custody cases are treated as initial action.
This is also consistent with
prior case law pertaining to insurers reviewing new evidence regarding denied claims.
Thus,
case law develops gradually, and reflects the preferences of all past judges as well as the instant one.
Its collection
includes case law, contracts and forms, books and journals, and other materials.
The article analyzes
case law concerning a commercial landlord's remedies in preventing a tenant from taking equipment from the premises.
However, it is far from straightforward, with its «fraud analogy» and complex
case law about how damages should be calculated.
The attorney cited circuit
court case law that identifies the actual vacancy as the starting point when the governor is supposed to set the date within 70 - 80 days.
In many areas of law, outcomes are determined by tables, regulations and ranging guidelines and not just an evolving body of subjective
case law precedent.
No business person can be expected to know the
latest case law, but Corporate Lawyers will always be reviewing the latest cases to improve the service they offer clients.
The digital world is only just beginning to influence the law of wills, both through statutory recognition and through a nascent
case law showing acceptance of electronic wills.
The
early case law seems to demonstrate a privilege - protective approach.
In my experience, there are several courts that «get it» and are willing to try to find a way to make
case law available to support new entry.