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Test Case (law)
In case law, a test case is a legal action whose purpose is to set a precedent. Test cases are brought to court as a means to provide a clearer definition to laws with disputed meaning and/or intent. An example of a test case might be a legal entity who files a lawsuit to see if the court considers a certain law or a certain legal precedent applicable in specific circumstances. This is useful, for example, to validate later filing similar lawsuits. Government agencies sometimes bring test cases to confirm or expand their powers.In FTC v. Dean Foods Co., the FTC sought to establish its power to obtain preliminary injunctions in anti-merger cases. In FTC v. Sperry & Hutchinson Co., the FTC sought to establish its power to invoke section 5 of the FTC Act, 15 U.S.C. sec. 45, against business practices that were "unfair" without being similar to antitrust violations. In United States v. Glaxo Group Ltd., the Justice Department sought to establish its power to invalidate patents even th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oneida Indian Nation Of N
Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida Nation of the Thames, also known as "Onyota'a:ka First Nation" * Oneida Nation of Wisconsin Places * Oneida County (other) * Oneida Township (other) Canada * Oneida 41, Ontario, also known as the "Oneida Settlement" * Oneida Township, Ontario, a historic township of Haldimand County United States * Oneida, former name of Martell, California * Oneida, Illinois * Oneida, Kansas * Oneida, Kentucky * Oneida, New York * Oneida, Ohio * Oneida, Pennsylvania * Oneida Falls, one of 24 named waterfalls in Ricketts Glen State Park in Pennsylvania * Oneida, Tennessee * Oneida (town), Wisconsin in Outagamie County * Oneida, Wisconsin, unincorporated community in both Outagamie and Brown Counties * Oneida Castle, New York, a vill ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of '' stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in futur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Of First Impression
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Of Columbia V
A district is a type of administrative division that, in some countries, is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions of municipalities, school district, or political district. By country/region Afghanistan In Afghanistan, a district (Persian ps, ولسوالۍ ) is a subdivision of a province. There are almost 400 districts in the country. Australia Electoral districts are used in state elections. Districts were also used in several states as cadastral units for land titles. Some were used as squatting districts. New South Wales had several different types of districts used in the 21st century. Austria In Austria, the word is used with different meanings in three different contexts: * Some of the tasks of the administrative branch of the national and regional governments are fulfilled by the 95 district administrative offices (). The area a dist ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Westminster Bank Plc V Spectrum Plus Limited
National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, census-designated place * National, Nevada, ghost town * National, Utah, ghost town * National, West Virginia, unincorporated community Commerce * National (brand), a brand name of electronic goods from Panasonic * National Benzole (or simply known as National), former petrol station chain in the UK, merged with BP * National Car Rental, an American rental car company * National Energy Systems, a former name of Eco Marine Power * National Entertainment Commission, a former name of the Media Rating Council * National Motor Vehicle Company, Indianapolis, Indiana, USA 1900-1924 * National Supermarkets, a defunct American grocery store chain * National String Instrument Corporation, a guitar company formed to manufacture the first resonator gui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mabo V Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first recognising the pre-colonial land interests of Indigenous Australians within Australia's common law.e.g. in ''Milirrpum v Nabalco Pty Ltd'' ''Mabo'' is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was terra nullius at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had never been wholly been lost upon colonisation. The Prime Minister Paul Keating praised the decision, saying it "establishes a fundamental truth, and lays the basis for justice". Conversely, the decision was criticised by the government of Western Australia and various minin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V Cape Industries Plc
''Adams v Cape Industries plc'' 990Ch 433 is a UK company law case on separate legal personality and limited liability of shareholders. The case also addressed long-standing issues under the English conflict of laws as to when a company would be resident in a foreign jurisdiction such that the English courts would recognise the foreign court's jurisdiction over the company. It has in effect been superseded by '' Lungowe v Vedanta Resources plc'', which held that a parent company could be liable for the actions of a subsidiary on ordinary principles of tort law. The decision's significance was also limited by the House of Lords decision in '' Lubbe v Cape plc'' and the groundbreaking decision in '' Chandler v Cape plc'', holding that a direct duty may be owed in tort by a parent company to a person injured by a subsidiary. Facts Cape Industries plc was a UK company, head of a group. Its subsidiaries mined asbestos in South Africa and shipped it to Texas, where a marketing subsid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Griswold V
Griswold may refer to: People and fictional characters * Griswold (surname), a list of people and fictional characters * Griswold family, an American political family Places Canada * Griswold, Manitoba * Griswold Pass, British Columbia, a mountain pass United States * Griswold, Connecticut, a town * Griswold, Iowa, a city * Griswold, Missouri, an unincorporated community * Griswold, New York, a hamlet in the town of Arkwright * Griswold Street, Detroit, Michigan * Fort Griswold, Groton, Connecticut * Griswold Lake (Nevada) * Griswold Creek, California * Griswold Hills, California, United States, a mountain range * Griswold Scout Reservation, New Hampshire Facilities and structures * Griswold Airport, Madison, Connecticut * Griswold High School (other) * Griswold Stadium, Portland, Oregon, United States, a football and soccer stadium for Lewis & Clark College * Griswold Building, original name of The Albert (Detroit), a former office building on the National Register ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisdictions, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing or painting, brown is usually made by combining the colors Orange (colour), orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human brown hair, hair color, eye color and Human skin color, skin pigmentation. Brown is the color of dark wood or rich soil. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with plainness, the rustic, feces, and poverty. More positive associations include baking, warmth, wildlife, and the autumn. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The first recorded use of ''brown'' as a color name in English was in 1000. The Common Germanic a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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