Sentences with phrase «binding legal precedent»

The case is still cited as a binding legal precedent in Ontario.

While the ruling will not serve as binding legal precedent because the Viacom - Google case will be decided in Federal District Court in New York, it may prove influential.

This is because trial judges in family law matters have wide discretion in a lot of the fine points of alimony decisions, much of it exercised at the trial court level that does not generate binding legal precedents and is not widely available to researchers.

Not exact matches

While it is anxious not to set a precedent, and allow Assange to remain a fugitive in London in defiance of a European arrest warrant, it is also bound by the 1961 Vienna Convention on Diplomatic Relations — a treaty which (in contrast to the treaty on diplomatic asylum) does enjoy widespread support as a core piece of the legal architecture governing modern diplomacy.

This means that they are only subject to personal liability for money damages in cases where the meaning of the law with respect to the situation in question is «clearly established» which usually means that it involves a legal issue that has been resolved in a binding case law precedent.

Precedent: A legal concept referring to a case that has resolved a particular legal question that lower courts are bound to follow and that the deciding court will usually follow, absent a strong reason for concluding it is wrong or has become unworkable.

Nonetheless, I stood squarely behind a very simple legal precedent: men had been allowed to leave the coast of the United States in rowboats bound for Europe.

Until the new UAE Federal Arbitration Law is enacted, enforcing an onshore Dubai - seated arbitration award through the Dubai courts will continue to be fraught with difficulties, including uncertainty (there is no system of binding precedent in the UAE), significant delay (enforcement proceedings can take up to three years), and costs (legal costs are not recoverable in the Dubai Courts).

As we have demonstrated in this Part, the FISA courts currently generate at least some amount of formally binding precedent that they are under no legal obligation to publish.26 In Part II, we take up the task of determining whether the justifications for the doctrine of stare decisis support affording secret opinions of this type binding precedential force.

The Tribunal also employed the Court's decision in Snell v. Farrell to create a reasonable inference of «causative significance,» though the tribunal is notably «not bound by legal precedent» under s. 250 (1).

Sotomayor then said «Foreign law can not be used as a holding or a precedent or to bind an outcome of a legal decision interpreting the constitution.»

We teach first - year law students about the differences between binding and persuasive authority as a key concept of horizontal stare decisis, but no one ever suggests that persuasive precedent is not precedent that is being used in the legal analysis.

Fortunately, this doesn't mean that Amazon is legally bound to honor similar requests in the future, but it also means that we still haven't established a legal precedent for it.