Sentences with phrase «court precedent»
"Court precedent" refers to previous legal decisions made by courts. It means that when a court is faced with a similar case in the future, it may look to how similar cases were decided in the past as a guide to make its own decision. The idea is to create consistency and ensure fairness in the legal system. Full definition
I am shocked that supreme court precedent cuts such a large hole in the 6th amendment.
law.stackexchange.com
A solid court precedent would protect their right to parody / reference the IP of others, but it would also give others the authority to parody / reference their IP.
Professor Valiant: As a lower - court judge, Senator, I would apply all governing Supreme Court precedents in cases that come before me.
So my understanding is that the phrase «common law» can refer to either the concept of laws established by court precedent or it can refer to a specific body of laws that have been established that way.
It also contradicted prior U.S. Department of Education policy and U.S. Supreme Court precedent stating that publically funded employees in private schools do not make them state employees (Rendell - Baker v. Kohn).
But Kasich did sign into law a measure banning abortions after 20 weeks — another controversial regulation that could potentially brush up against previous court rulings, even though Kasich cited Supreme Court precedent for his veto of the «heartbeat» legislation.
UC's lawyers still want to review other court precedents that might affect elections at other campuses, says UC's Hayward.
Gay marriage, and some death penalty restrictions are at stake if things go badly, while restoring Supreme Court precedent controlling unlimited political funding could happen if things go well.
Federal court precedent says that where a tribe opposes a project based on its impacts on treaty - reserved fishing, a federal agency can not authorize anything more than a «de minimis» impact.
But the court said it was bound by U.S. Supreme Court precedent on qualified immunity for state employees.
Note also that three Justices wrote concurring opinions expressing concern that other Supreme Court precedent requires courts to give a high degree of deference to a federal agency's interpretations.
New court precedent has impacted the cases of New York lawmakers before: precedent set by the U.S. Court of Appeals for the Second Circuit eventually resulted in a new trial being ordered for Skelos» predecessor in the Senate, Joseph Bruno.
The judge used a Supreme Court precedent involving former Virginia Governor Bob McDonnell, which more clearly defined the kind of conduct that could be considered corrupt while in office.
De Blasio said he believed the executive order was vague but narrowly written, and would only apply to funding from the federal Department of Justice and Department of Homeland Security, because of a Supreme Court precedent set in 2012's NFIB vs. Sebelius case.
As an intermediate - court judge, Gorsuch has been judicious about applying Supreme Court precedents without much editorial comment.
U.S. District Judge Ann C. Williams ruled Feb. 28 that the 1979 Illinois law does not violate the U.S. Constitution or Supreme Court precedent because it does not provide for any punishment for students who refuse to recite the pledge.
«Setting aside the inability of the Attorney General to overrule Circuit Court precedent, a reversal of long - standing BIA precedent involving persecution by private actors would further victimize those most in need of protection.»
In Bedford and Carter v Canada (Attorney General), 2015 SCC 5, [2015] 1 SCR 331, which dealt with the constitutionality of the provisions of the Criminal Code relative to prostitution and assisted suicide respectively, the evidence that was held to allow lower courts to revisit Supreme Court precedent came mostly from the social sciences.
This holding is consistent with existing Kentucky and United States Supreme Court precedent concerning motions to revoke probation for failure to pay fines or restitution.
I have spent quite a bit of time lately helping with the final checks of my firm's court precedents collection.
Relying on Supreme Court precedent from 1892, the D.C. Circuit said no.
Despite clear Supreme Court precedents supporting the exhaustion doctrine, the Federal Circuit Court of Appeals has broken with this...
Additionally, the legislation would overturn decades of Supreme Court precedent about indirect infringement and what it means to «induce infringement.»
Later on, the phrase also seems to refer to a specific body of English law established by court precedent:
At the trial in New Brunswick, the defence tried to use an undiscovered political scandal of the 1920's to delegitimize a foundational Supreme Court precedent which they sought to overturn.
Mr. Meadow was lead counsel of a team that persuaded the Court of Appeal that existing CACI nuisance instructions did not adequately express the factors that Supreme Court precedent required juries to consider.
One must stay on top of the Supreme Court precedent in order to keep abreast of this ever - changing landscape.
For the time being, however, the Supreme Court precedent of affording deference remains intact.
Shannon Minter, a transgender man who is legal director of the San Francisco - based National Center for Lesbian Rights, said many transgender civil - rights gains of recent years are based on federal statutes and court precedents that can not be quickly undone.
In addition to court precedents, Florida law requires coastal erosion disclosures, radon gas, mandatory membership in a homeowner's association and condo disclosures.
This, too, is an important factor under Supreme Court precedent: «longevity demonstrates that «few individuals, whatever their system of beliefs, are likely to have understood the monument as amounting, in any significantly detrimental way, to a government effort to favor a particular religious sect.
Under current Supreme Court precedent, official display of a religious symbol violates the Establishment Clause if a reasonable observer would think that the government is endorsing a religious message.
They ignored an abundance of other [US] Supreme Court precedents.»
With all the advance notice of Pearl Harbor and with no relevant request from any party in the case or from any amicus, Justice Antonin Scalia and four of his brethren obliterated the few Supreme Court precedents that protect religious observers and gave lower courts, as well as federal agencies, free rein to override the good - faith claims of religious minorities.
However, it doesn't really matter because based on previous Supreme Court precedent a state is not allowed to secede from the US.
«Nothing the governor will propose would expand access to abortion but rather only codify existing rights under federal law and court precedent in to state law.»
An appeals court used a recent Supreme Court precedent to say the jury had been given incorrect instructions in the case.
However, an appeals court last summer threw out that conviction, based on a Supreme Court precedent that narrowed the definition of what constitutes corruption by an official.
Corporation Counsel Zachary Carter, a former U.S. attorney, said there is U.S. Supreme Court precedent that «the federal government can't use the threat of withholding funds to coerce the states to conform with federal government issued policy.»
There are no court precedents upholding a deadline as early as March for a newly - qualifying party, and only one precedent upholding a petition deadline as early as March for an independent candidate (the Lawrence v Blackwell precedent from 2005, upholding the deadline for independent candidates for office other than president, because Ohio's major parties also nominated in March).
Court precedents in the 4th circuit say that the independent candidate petition deadline can not be earlier than the primary.