Sentences with phrase «precedential case»

Another of our partners won a precedential case establishing the protectability of a software program's user interface.

Undoubtedly, there are many thousands of published opinions that were never officially reported, but that have nonetheless entered the canon of precedential case law through citation and adoption by courts in their jurisdictions.

Not exact matches

The 2nd Circuit said the instructions given to the Silver jury by the trial judge were consistent with precedential rulings in other cases prior to the Supreme Court decision in the McDonnell case.

When this happens, the lower court decision is upheld but it has no precedential value, almost as if the court had never granted cert or heard the case.

Among other precedential matters, Mr. Miklave represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action can not be brought based on the breach of an employment handbook when that handbook contains a disclaimer (Lobosco v. NYNEX).

Unlike the legal naysayers noted above, the new users of these historical cases will see not old and dead law of little precedential value but new and living documents of immense historical and social interest.

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.

On at least three different occasions during the hour and a half negotiation either I or the opposing attorney asked for language in the agreement based on nothing more than our clear expectation that the family court judges could not be expected to follow case law on what is a change of circumstances or not giving precedential value to a temporary order at the final hearing.

By strategically excerpting past cases, «a new case is no longer Venus rising from a shell — it is a child with a precedential parent and that parent has been created by the present's reworking of the past.»

[52] Correspondingly, decisions where the production of these kinds of records have been denied will likely have little or no precedential value to the plaintiff here as the facts are bound to differ from those in the case at bar.

In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts.

While the Nortel case arose from a unique set of circumstances, its importance and future precedential value should not be underestimated.

We keep in mind your unique business needs, the precedential significance, public relations consequences, and potential costs in determining the best path for resolving the case as quickly and efficiently as the circumstances will allow.

However, common law legal systems give great precedential weight to case law or precedent and are developed by judges through decisions of courts and similar tribunals rather than through statute.

The CaseBase Signals help you to research the precedential value of the cases you rely on.

However, in Mclean v British Columbia (Securities Commission), [9] the Court limited the precedential significance of Rogers Communications by effectively classifying it as exceptional case.

[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.»

At Slaw we've referred from time to time to the practice in some US courts of declining any precedential value to cases.

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.

Yes, many courts in most countries still express a preference for print citations, or at least to citations only to those cases they or case law publishers have deemed of precedential value.

It's one of those cases that I don't think it's technically been overruled yet, but I think it's widely recognized as not having precedential value.

ES: Jordan's government, the judicial branch, is there any precedential value for previous cases?

Members of the firm have been involved in some of the country's most high - profile and landmark cases resulting in impactful and precedential rulings.

• Streamlined the operations of the office by implementing a research system that took case data and provided precedential information in real time

Such case reports have precedential value.