Sentences with phrase «decisis basis»
Flood v. Kuhn (1972) maintained the status quo primarily on a stare decisis basis, following a past precedent even if that precedent was incorrect in the first place.
http://www.chambers-associate.com/ Not exact matches
The Supreme Court will probably rule against gay marriage based on Stare Decisis of the California voter's decision in Proposition 22.
In its new decision, the Court found that the 2008 ruling was complete, certain and final, and therefore, on the basis of stare decisis, the unions couldn't revive their action.
I guess the Supreme Court issued another banal decision which reinforces the legal wisdom of going before the courts as either a crap shoot or the judges decide based on personal ideological predilections and wrapped up in res or decisis.
(7) The Court of Appeal should not refuse to overturn a decision on the basis of precedent, or stare decisis, because leave to appeal to the Supreme Court of Canada is not automatic and Canada's highest court can not therefore be relied upon to resolve any inconsistencies that result from differing rulings by the Court of Appeal on a particular issue.
The analysis would start with Martin Shapiro's communications theory based approach to precedent (I remember a 1966 article but the only reference I have is to Shapiro, Toward a Theory of Stare Decisis, 1 J. LEGAL STUD.
The practice is incompatible with a precedent - based legal system because it is inconsistent with the doctrine of stare decisis — when a court has decided a principle of law applicable to certain facts, it will apply that principle to all future cases where the facts are substantially the same.
«There was also a discussion as to whether Wayfair should be decided based on stare decisis,» [following precedent] Gulotta said.
21 These bases for en banc jurisdiction suggest that individual FISC judges must give stare decisis effect to any en banc panel decision that is not overturned by the Court of Review because, absent such a practice, the en banc panels would not fulfill one of their two statutory purposes: to secure or maintain uniformity.
Mitchell is not a lawyer, but in her chorus, she captures pretty well the essence of our precedent - based system of stare decisis: «We're captive on the carousel of time / We can't return, we can only look behind from where we came / and go «round and «round and «round on the circle game.»
Within primary sources, you also consider whether a prior definition is binding on the court (i.e., the court has to follow it) or whether it is merely persuasive authority (that the court can choose to follow, but is not required to follow based on precedent — sometimes call Stare Decisis).