Sentences with phrase «precedential appellate»
[14] These «clearly established principles of law» do not emanate solely from precedential appellate decisions, but rather «can derive from a variety of legal sources, including recent controlling case law, rules of court, statutes, and constitutional law.»
https://www.carltonfields.com/ Not exact matches
Within days the Home School Legal Defense Association (HSLDA), a national organization with more than 14,000 member families in California, had collected over 250,000 signatures calling on the California Supreme Court to «depublish» the appellate court's ruling, which would strip it of precedential value.
There are so many areas of South Carolina law that could use precedential analysis by our appellate courts that the act of depublishing opinions is almost perverse.
A large number of federal appellate courts state on the face of their precedential opinions that the date on which the opinion issued is the date on which the case was decided.
«However, as appellate interpretation of standard form contracts will have greater precedential value, this should eventually reduce litigation and limit future contractual disputes around the standard form clauses,» said Bombier.
On May 6, 2016, the North Carolina Supreme Court released a deadlocked 3 - 3 decision, leaving the intermediate appellate decision undisturbed without precedential value.
The Court of Review is an appellate court, and like other Article III appellate courts, it has the power to bind both lower courts (in this case, the FISC) and later Court of Review panels.22 The Court of Review probably has the same discretion as federal courts of appeals to designate opinions as precedential and non-precedential; at least, no statutory provision declares otherwise.23 The two public Court of Review opinions are published in redacted form in the Federal Reporter.24 As with the published case of the FISC sitting en banc, these published Court of Review cases are certainly precedential.25 We do not know the volume, if any, of secret non-precedential Court of Review opinions, or whether there are non-public Court of Review opinions that are nonetheless treated as precedential.
Where do you stand on the question of allowing citation to «unpublished» opinions; do you believe that federal appellate court panels should be able to designate some of their rulings as «non-precedential» upon issuance, or should the precedential value of an opinion be left to later panels to determine; and why?
Do you believe that federal appellate court panels should be able to designate some of their rulings as «non-precedential» upon issuance, or should the precedential value of an opinion be left to later panels to determine; and why?