Sentences with phrase «judicial fiat»
"Judicial fiat" refers to when a judge or court makes a decision without a legal basis or without proper laws being passed. It means that the judge is making a judgment based on their own opinions or personal beliefs, rather than following established laws or precedent. Full definition
Although only a few decades old, listening to today's Conservatives one might think the Charter was crafted in some law school ivory tower and imposed by judicial fiat onto an unsuspecting Parliament.
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The reasons: (1) implied contractual indemnity — individual brokers were not parties to the listing agreement with sellers (only the bankrupt brokerage business was a party); and (2) equitable indemnity — although brokers were jointly and severally liable with sellers as far as buyers» damages, this theory could not be used to create a new attorney fee exposure basis under the American Rule, or else the appellate court would be creating a new exception through judicial fiat.
Because it was legislated rather than ordered by supreme judicial fiat, the German approach is less extreme and better attuned to social realities.
Those inequities were addressed by one - man, one - vote judicial fiat of the late 1960s.
Plaintiffs who are unable to achieve their policy goals through state and local political processes should not be allowed to impose their preferences by federal judicial fiat.
The large amount of research that has already occurred when no researcher had sure knowledge that patent protection would be available suggests that legislative or judicial fiat as to patentability will not deter the scientific mind from probing into the unknown any more than Canute could command the tides.
The main sources of adjudicative law I describe are underlying legal principles, social practice, and judicial fiat implementing a court's policy judgment.
Same - sex marriage or its equivalent (under a different name) has succeeded only through judicial fiat.
For like the practice of slavery, and like the Jim Crow laws of the not - so - distant past, the abortion issue raises the most fundamental questions of justice — questions that can not be avoided, and that can not be be resolved by judicial fiat.
although brokers were jointly and severally liable with sellers as far as buyers» damages, this theory could not be used to create a new attorney fee exposure basis under the American Rule, or else the appellate court would be creating a new exception through judicial fiat.
«Purer expression can not be found of rule by judicial fiat,» Scalia wrote.