Not to
follow precedent means not to follow the law of our country... That would suck, wouldn't it?
In his decision, Justice Wilcox was careful to
follow the precedent on what constitutes continuity, as set down by the High Court in Yorta Yorta.
Beyond those apparently innate characteristics, lawyers learn to
follow precedent in law school.
[n8] However, when convinced of former error, this Court has never felt constrained to
follow precedent.
After all, aren't lawyers trained to
follow precedent rather than make it?
Should state courts
follow the precedent by the federal court?
Lawyers who are trained to
follow precedent rarely want to take risks, preferring to wait until «everyone else is doing it» before putting something new into place.
We lawyers are trained to
follow precedent, not set it.
and as he said: «the comments about censorship are tedious and I'm minded to
follow precedent and automatically toss any comments that «dare me to print them».»
Although he would occasionally
follow precedent instead of the original understanding of constitutional text, Scalia argued that, in general, originalism was the only principled way for judges to avoid enshrining their own policy preferences into the law.
Here again, one finds Scalia willing to abandon originalism not to
follow precedent but to break from it (or at least to make new law).
«And we set a precedent, and other states then
follow the precedent that we set in New York.»
So, why did I not
follow this precedent, instead of exposing the nation to all the hazards of the past few days?
Tough not to
follow precedent as phony Senator George Amedore, a REPUB, was seated prematurely with a seventy vote lead.
In the same way that a Judge must
follow precedent when considering a judgement.
In addition, we will be lobbying other state governments to
follow the precedent established in Tasmania.
In our legal system, courts
follow precedents.
In attempting thus to establish analogy, of course, Hartshorne
follows a precedent long since set by classical metaphysics and theology.
The writers of the New Testament
followed the precedent of the Greek translators of the Old Testament some 250 years earlier.
The majority responded that the Dissenters» refusal to
follow precedents when they disagree with them «makes it difficult to engage in additional meaningful debate.»
Ms Gillan told
me it follows a precedent which already exists: the Welsh Secretary is questioned by Assembly Members on the UK Government's plans in the aftermath of the Queen's Speech.
[3]
Following the precedent of 1913, the temporary presidency and the majority leadership would have been separated again under this scenario.
Eddie Murphy's presence as Mushu is
following the precedent Robin Williams set in Aladdin, though he is nothing like as funny or as memorable as the Genie - in fact, he's not funny at all.
In a near unanimous 8 - 1 decision, the Alabama Supreme Court
followed the precedent set three times by the U.S. Supreme Court — in its review of school choice vouchers, tax - credit scholarships, and individual tax credits — stating that the Alabama Accountability Act:
Following precedent set by the recent «Bank Transfer Day» movement, consumers who are fed up with their credit cards are encouraged to participate in «Balance Transfer Day» on Dec. 11.
Following the precedent they set nearly a decade ago with Final Fantasy X-2, Yoshinori Kitase and his team have dreamed up another direct Final Fantasy sequel, which is unusual for a series known for introducing a completely new setting and storyline with each game.
The game makers are wrong to argue that the Federal Circuit should rehear the case because the appellate court panel allegedly created a «safe harbor» for technological ideas, as the court simply
followed precedent for abstract claims as set by Alice Corp. v. CLS Bank International, a 2014 U.S. Supreme Court decision that held that abstract ideas implemented using a computer are not eligible for a patent, asserted McRO Inc. in its brief.
This followed the precedent of The Family of Man, 1971 (BH 513, Barbara Hepworth Estate, on loan to Yorkshire Sculpture Park, repr.
This level of involvement
follows the precedent of artists commissioned by Rock acts to produce album covers, videos or concert sets - recent examples being John Currin for Pulp, Wolfgang Tillmans and Sam Taylor - Wood for the Pet Shop Boys and Damien Hirst for Blur.
The concept of N - ICE2015
followed the precedent of many previous expeditions, including the Fram expedition by Fridtjof Nansen, Russian drifting stations, the Surface Heat Budget of the Arctic Ocean campaign in 1998 — 1999 [Perovich et al., 1999], and the Tara drift during International Polar Year 2007 — 2008 [Gascard et al., 2008].
In this way it has
followed the precedent set by the Stern Review for the UK Labor Party.
I would suspect that the authors of Gergis 2016 are simply
following the precedent established from previous temperature reconstruction of using the post fact selection without questioning, or perhaps understanding, the statistical problem in using that method.
The author's thesis is that linguistic analysis used in opinions to justify decisions is not done consistently and is often illogical because judges sometimes use linguistic analysis to avoid giving straightforward reasons for their decisions, lest they be criticized for wielding state power to act with partiality or for not
following precedent.
Following the precedent set by the decision of the Supreme Court in Montgomery v. Lanarkshire Health Board [2015] UK SC 11, the case constitutes the first appellate decision where the Court of Appeal has emphatically ruled in favour of patient choice.
The HRTO has developed a wide and established body of jurisprudence in its area of expertise; the Superior Court, being a generalist court, is wise, in my opinion, to
follow its precedents.
In essence, Breyer said that even though junking the old precedents and following the new ones might make sense, the importance of
following precedent, at least in this case, was more important.
«There was also a discussion as to whether Wayfair should be decided based on stare decisis,» [
following precedent] Gulotta said.
However, this initiative was overshadowed by an ongoing conflict between the province, which,
following the precedent set by Trutch, sought to continue land appropriations, and the federal government, which claimed Crown title to the reserves.
There are a number of ways in which a judge may avoid
following precedent — overturning or distinguishing a previous ruling, for instance.
Following the precedent set by previous CCW meetings, the Campaign to Stop Killer Robots will take its seat at the table at every CCW session, as well as make statements, circulate documents, and host side events.
Following the precedent set by previous CCW meetings, the Campaign to Stop Killer Robots will participate in every session, make statements, circulate documents, and convene side events, on Monday, 9 April and Wednesday, April 11 in Conference Room XXIII.
Following the precedent set by previous CCW meetings, the Campaign to Stop Killer Robots will take its seat at the table at every CCW session, as well as make statements, circulate documents, and host two side events.
Though pricing hasn't been set, one would hope that Belkin
follows the precedent set by Philips Hue and initially offer the Bridge at a discount to existing WeMo owners.
Not exact matches
Beyond that instance, it's difficult to assess the impact of any tax changes on Trump's personal taxes: He has not
followed his predecessors»
precedent by releasing any tax returns.
(Such proposals are being submitted at a few companies this year and a bill to this effect,
following UK
precedent, has been introduced in Congress, albeit with no prospect of success.)
«While there is no modern
precedent for an adult child of the president [in the West Wing], I will voluntarily
follow all of the ethics rules placed on government employees,» she said.
Assuming — hoping — that yesterday's Boston Marathon bombing is not
followed by a string of similar attacks, the most apt
precedent might be the July 7, 2005, blasts in London, when three trains and a bus were targeted, 52 victims were killed and 700 were injured.
Central to this Court - led revolution is the idea that the Constitution is in a state of more or less perpetual evolution, whence it
follows that judges need not be bound by the precise words of the document, or by prior
precedent, or by settled historical meaning.
Oregon was the first state to legalize PAS in 1994, setting a
precedent for other states to
follow — Washington in 2008, Montana in 2009, Vermont in 2013, California in 2015 and most recently, Colorado in 2016.