Sentences with phrase «precedential rulings»

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.

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 review.

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.

«We are very pleased that the Supreme Court denied defendants» petition, leaving firmly in place the Second Circuit's precedential rulings regarding the necessity of utilizing event studies to prove market efficiency as well as the burden of proof required to rebut the presumption of reliance, both of which were highly favorable to investors,» the shareholders» attorney Jeremy A. Lieberman of Pomerantz LLP told Law360 on Monday.

«When it came down to a possible negative, precedential ruling from the panel, PETA quickly sought to protect the institution, not the claimed real party in interest,» Smith said.

Not exact matches

Under the precedential system followed in American jurisprudence, those rulings will be more or less binding on future disputes involving the same or similar issues.

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.

The court's judgment leaves the Ninth Circuit ruling in place, but it has no precedential value.

The Supreme Court issued an 8 - 1, precedential decision in Scott v. Harris, effectively establishing a flat rule that a police officer in a high - speed chase that poses a threat to the safety of others does not violate the Fourth Amendment even where the officer places the fleeing motorist at risk of injury or death.

The rule also provides that in selecting a Council decision as precedential, the DAB Chair may consider decisions that address, resolve, or clarify recurring legal issues, rules or policies, or that may have broad application or impact, or involve issues of public interest.

While I wait on paperwork from the court, it would appear the Court of Appeals decision was a Rule 36 decision which has no precedential value.

South Carolina Appellate Court Rule 268 (d)(2) states, «Memorandum opinions and unpublished orders have no precedential value and should not be cited except in proceedings in which they are directly involved.»

Rule 268 (d)(2), SCACR («Memorandum opinions and unpublished orders have no precedential value and should not be cited except in proceedings in which they are directly involved.»)

[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.»

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

The court had consistently reached this result in unpublished opinions, and it used Goode to memorialize the rule in a precedential opinion.

California associate justice Laurence Rubin writes in today's precedential opinion (read in full here) that the ruling was an error.

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?

However, the fact that the United States Centers for Medicare and Medicaid Services, in rules for the high - profile EHR Incentive Program, finds that only credentialed medical assistants — not all medical assistants — are capable of entering orders in the computerized provider order entry system is of even greater precedential weight on both the federal and state levels.