Sentences with phrase «precedential value of»

Do you believe that federal appellate court panels should be able to designate some of their rulings as «non-precedential» upon issuance, or should the precedential value of an opinion be left to later panels to determine; and why?

Where do you stand on the question of allowing citation to «unpublished» opinions; do you believe that federal appellate court panels should be able to designate some of their rulings as «non-precedential» upon issuance, or should the precedential value of an opinion be left to later panels to determine; and why?

[10] This Court has no jurisdiction to suspend the precedential value of Grant Thornton Ltd. v. Alberta Energy Regulator and introduce another legal regime — the one in place before Chief Justice Wittmann released his judgment — for the governance of other bankrupts, receivers and trustees in bankruptcy and secured creditors for a period commencing with the date of pronouncement of any stay order and ending with the date the Supreme Court of Canada either resolves an appeal against this Court's judgment or dismisses the applicants» leave - to - appeal application.

Despite its mootness, the Province advances the argument that the Court of Appeal should consider the issues on appeal so as to address the precedential value of the Chambers Judge's order and since other taxpayers will likely pursue the same interim remedy.

The precedential value of reported decisions is improved because decisions are based upon interpretation of the legal guidelines rather than broad discretion.

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

Regardless of the (perhaps temporary) loss of precedential value of the Jane Doe decision, employers should continue to be sensitive to the issues that this tort raises and consider it to be an example of what they might have to deal with in the future.

Annoyed at what he seemed to regard as the senator's refusal to take a de facto yes answer, the judge committed himself ever more forcefully to what he thought to be the precedential value of Brown.

But this specified expertise can not be imputed to all sorts of administrative decision - makers, and so the precedential value of Pezim and Southam is limited.

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.

Commercial publishers also use legal staff to screen decisions and make judgment calls on what decisions should be considered material of precedential value, and therefore be included in their databases.

«The precedential value [of the decision] is huge.

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.

The 2/5 found persuasive the line of reasoning that an «action» does not encompass a defense, as articulated in the Exxess and Gil given that Mountain Air was depublished and of no precedential value given its pendency for state supreme court review.

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.

«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.

There's a broader issue, which is of interest to anyone using caselaw databases for statistical / quantified analysis (as opposed to precedential value).

[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.

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.

While the opinion given by the Supreme Court of Canada is not considered to be of the same precedential value as the decisions involving regular litigants, governments do not usually ignore the Court's opinion.

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

Second, there is no precedential value in any of the terms of the order.

«Right now, courts rely on traditional publishers to publish material of precedential value,» Cormier says.

Let me please add this caveat: Please take your time to read these unpublished opinions and please do not simply dismiss them because they are of «no precedential value.»

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.

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?

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

This type of argument is much more effective when the opinion announcing the proposition is of significant precedential value — e.g., an announcement of legal principles by a higher (or highest) court.

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

[34] Google's argument that a refusal to grant a stay pending the hearing of the appeal, or what it refers to as «the enforcement of the order» pending the appeal, will itself have significant and negative precedential value.

In the meantime, it has precedential value whatever a justice of this Court may say on a stay application.

Web 2.0 matters for the legal profession, because it promotes an information environment in which lawyers can simplify access to material of precedential value.

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.

Older decisions (should) have precedential value, regardless of whether they were reported.

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.