Not exact matches
Many times, courts will lift string - cites and parentheticals from
other judicial opinions, with a notation such as «cited in...» Is that plagiarism — or
precedent?
Cs made their claim and in doing so, relied upon the commentary in Volume 38 (2) of the Encyclopaedia of Forms &
Precedents that states the inclusion of a «call - in» clause should at least be considered in any case
other than: «the very simplest cases such as an application for change of use or for the carrying out of relatively minor building operations where... it is unlikely that the grant of planning permission would be challenged by third parties by way of
judicial review....»
The same is to be said of the
other source of our law,
judicial decisions and the reasons therefor, especially in the light of our system of
precedent.
[18] Paragraph (d)(2) recognizes that a lawyer may provide legal services in a jurisdiction in which the lawyer is not licensed when authorized to do so by federal or
other law, which includes statute, court rule, executive regulation or
judicial precedent.
Other states now furnish unrestricted digital access to final, official, citable versions of their
judicial precedent.
If the preemption provisions of this regulation do not apply, the covered entity must comply with the requirements or limitations established by such
other law, regulation or
judicial precedent.
Other government officials generally have only «qualified immunity» which means that they have liability if they intentionally violate clearly established law, which basically means that there is a binding
judicial precedent governing the facts and circumstances at issue.
But the Constitution also does not say anything about Originalism, Textualism, Living Constitutionalism, social science, canons of construction,
precedent, interpretive methodology, history and purpose, or any
other of the ordinary methods of
judicial analysis.
But because this report's constructive criticisms seem to fall largely on deaf ears in Sacramento and in many courthouses around the state, this year's look at the West Coast's perennial
Judicial Hellhole will pragmatically limit its focus to an armful of the state's civil injustices, including
precedent - defying state supreme court decisions, the Private Attorneys General Act, Prop 65, food and beverage litigation, innovator liability, the California Environmental Quality Act's impact on affordable housing, courts» expansions of public nuisance law and natural disaster - chasing personal injury lawyers, among
others.