Sentences with phrase «decisis given»
Their ruling focused on the notion of stare decisis given that the Supreme Court of Canada's ruling in Rodriguez v. British Columbia 20 years ago that upheld the law.
http://www.canadianlawyermag.com/ Not exact matches
The MICRA unconstitutionality argument was long ago decided against attorney, with the appellate court determining nothing had changed to dissuade it from giving stare decisis impact to Roa v. Lodi Medical Group, Inc., 37 Cal.3 d 920, 923 (1985).
Probably not, says University of Cambridge professor David Garrow, who thinks that, given the low - voltage case it is contained in, and the lineup of justices, today's debate on stare decisis amounts to «pretty small beer.»
had there been a defence lawyer rules say they cant hide case law they know about -LCB- they would discover more if defending -RCB- in hope that we don't discover it = unethical.type in» stare decisis and techniques of legal reasoning» Which also says it is unethical and intellectually dishonest for a judge to ignore case law that stands in the way of his decision = the defence wont give case law and the judge wont do defence lawyer research - so case law / evidence will not be heard and will not be there for a SRL to use / defend our case.
L. Rev. 735, 736 (1949)(«Stare decisis serves to take the capricious element out of law and to give stability to a society.»).
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.
If I could claim to have fully considered the sum of your collective contributions concerning stare decisis as emphasizing the need for judges at first instance to be fully informed of the applicable law and to follow it, then I would have expanded my speculative musings to suggest that notoriety of a lower court decision is what gives it the potential to muscle its way into gaining equal consideration alongside authoritative higher court rulings when the issue before the court is novel.
That said, the Internet (including CanLII) can give publicity to persuasive legal reasoning that may have lateral influences not contemplated by stare decisis.
This may result in more appellate decisions, such that abuse / comity may give way to standard stare decisis principles (with lower court judges simply following binding legal findings from the FCA).