Sentences with phrase «precedential law»

Not exact matches

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.

And, I didn't include court orders in trial courts with no precedential effects which are binding between the parties even though some consent decrees in that set of documents have the force of law.

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.

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.

This can be contrasted with common law systems whose intellectual framework comes from judge - made decisional law which gives precedential authority to prior court decisions on the principle that it is unfair to treat similar facts differently on different occasions.

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.

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.

Interestingly, when applied to federal law, California Courts have held just the opposite: that «unpublished federal decisions can be cited as persuasive but not precedential authority.»

The U.S. Supreme Court on Monday agreed to hear an appeal of a precedential Third Circuit decision holding that companies can be held liable under maritime law for asbestos - related injuries if a manufacturer could have reasonably foreseen asbestos would be later added to its product.

Where, like here, the matter involves the interpretation of a standard form contract, the interpretation at issue is of precedential value, and there is no meaningful factual matrix specific to the parties to assist the interpretation process, this interpretation is better characterized as a question of law subject to a correctness review.

While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it may signal a shift in the perspectives of the family courts.

While there do exist statutory laws, such as the Domestic Relations Laws, that govern the legal subject matter of the state's Family Courts, the vast majority of the controlling law in this area has been established through precedential rulings and judicial revlaws, such as the Domestic Relations Laws, that govern the legal subject matter of the state's Family Courts, the vast majority of the controlling law in this area has been established through precedential rulings and judicial revLaws, that govern the legal subject matter of the state's Family Courts, the vast majority of the controlling law in this area has been established through precedential rulings and judicial review.

While the decision is not precedential in Western Pennsylvania (where I represent clients in family law matters), it...

[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.»

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.

Many readers will have a deeper understanding of the system and conventions of U.S. jurisprudence than I have, so comments and corrections on this point are welcome, but doesn't publication in a law report offer precedential value not available to unpublished decisions — of which there are many more?

The court held that an appeal from a trial judge's interpretation of a standard form contract, that has precedential value and does not require engagement with any meaningful factual matrix, is a question of law that should be reviewed for correctness.

Stare decisis is also defended on the ground that it increases the «perceived integrity of the judicial process» by promoting the appearance of the rule of law.52 When courts cavalierly overrule their own precedent, they may reduce the public's confidence in the view that judges are constrained by the principles of law they espouse.53 However, granting binding precedential value to secret opinions fails to promote the appearance of the rule of law, precisely because these opinions are secret.

Taken together, the analysis in this Comment suggests that the justifications most commonly offered in defense of stare decisis — rule of law, appearance of the rule of law, and deference to legislative authority — do not support affording binding precedential value to secret opinions of the kind sometimes issued by the FISA courts.61

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.

The said judicial decisions had a precedential impact across certain areas of corporate law and with regard to personal liability for corporate management.

In my view, the court should (1) make all opinions precedential, (2) make all opinions available on the court's web site, (3) furnish all opinions to LEXIS, Westlaw, U.S. Law Week, and anyone else who wants them, and (4) place into the Federal Appendix all «unpublished» opinions that don't appear in the Federal Reporter.

One might argue that a judgment that is not appealed and discussed on issues of law at a higher court isn't to be relied on for precedential purposes.