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Close Case
In the law, a close case is generally defined as a ruling that could conceivably be decided in more than one way. Various scholars have attempted to articulate criteria for identifying close cases, and commentators have observed that reliance upon precedent established in close cases leads to the gradual expansion of legal doctrines. Identifying close cases Although some scholars have suggested that "a close case is in the eye of the beholder", other scholars have attempted to articulate specific criteria for identifying close cases. Maureen Armoor, for example, defines close cases as "the articulable outer limit of judicial discretion that most closely approximates the phenomenological experience of a sitting judge, in particular the dimension of discretion called into play when a judge is uncertain about an outcome". Ward Farnsworth, dean of the University of Texas School of Law, has suggested that close cases could be defined as either "cases close enough to provoke dissent" or c ... [...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] |
Ward Farnsworth
Ward Farnsworth (born 1967) is Professor of Law and holder of the W. Page Keeton Chair at the University of Texas School of Law, where he was Dean from 2012-2022. He served as Reporter for the American Law Institute’s Restatement of the Law Third, Torts: Liability for Economic Harm, and is the author of books on law, rhetoric, philosophy, and chess. Education and clerkships Farnsworth graduated from Wesleyan University, Middletown, Connecticut in 1989 (B.A.) and with high honors from the University of Chicago Law School in 1994 (J.D.). Immediately after law school, Farnsworth served as a law clerk for Judge Richard A. Posner on the Seventh Circuit and then clerked for Justice Anthony M. Kennedy of the United States Supreme Court. He then worked as a Legal Adviser to the Iran-United States Claims Tribunal in The Hague. Academic career Prior to beginning his tenure as dean at Texas, Farnsworth taught for 15 years at Boston University School of Law, [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
University Of Texas School Of Law
The University of Texas School of Law (Texas Law) is the law school of the University of Texas at Austin. Texas Law is consistently ranked as one of the top law schools in the United States and is highly selective—registering the 8th lowest acceptance rate among all U.S. law schools for the class of 2022—with an acceptance rate of 17.5%. According to Texas Law’s 2019 disclosures, 90 percent of the Class of 2019 obtained full-time, long-term bar passage required/JD advantage employment nine months after graduation. The school has 19,000 living alumni. Amongst its alumni are U.S. Supreme Court Justice and U.S. Attorney General Tom C. Clark; U.S. Secretary of State James A. Baker; U.S. Secretary of Treasury Lloyd Bentsen; White House Senior Advisor Paul Begala; Speaker of the U.S. House of Representatives Sam Rayburn; litigator Sarah Weddington who represented Jane Roe in the seminal case Roe v Wade; Wallace B. Jefferson, the first African American Chief Justice of the Te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stanford Law Review
The ''Stanford Law Review'' (SLR) is a legal journal produced independently by Stanford Law School students. The journal was established in 1948 with future U.S. Secretary of State Warren Christopher as its first president. The review produces six issues yearly between January and June and regularly publishes short-form content on the ''Stanford Law Review Online''. Admissions The ''Stanford Law Review'' selects members based on a competitive exercise that tests candidates on their editing skills and legal writing ability. There is not a firm number of accepted candidates each year; recent classes of new editors have ranged from about 40 to 45. The candidate exercise is distributed to candidates late in their first year at the law school. Transfer students are also eligible for admission through the same process. Notable alumni The review's editorial board has a president, who is effectively the editor-in-chief of the publication. The current president is Daniel Khalessi. Notable ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Guido Calabresi
Guido Calabresi (born October 18, 1932) is an Italian-born American legal scholar and Senior United States circuit judge of the United States Court of Appeals for the Second Circuit. He is a former Dean of Yale Law School, where he has been a professor since 1959. Calabresi is considered, along with Ronald Coase and Richard Posner, a founder of the field of law and economics. Early life and education Calabresi is the son of the late cardiologist Massimo Calabresi and European literature scholar Bianca Maria Finzi-Contini Calabresi (1902–1982). Calabresi's parents, active in the resistance against Italian fascism, eventually fled Milan for New Haven, Connecticut, immigrating to the United States in September 1939. The family became naturalized American citizens in 1948. Guido's older brother Paul Calabresi (1930–2003) was a prominent medical and pharmacological researcher of cancer and oncology. Calabresi's mother descends from an Italian-Jewish family. He describes himself ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Yale Law School
Yale Law School (Yale Law or YLS) is the law school of Yale University, a Private university, private research university in New Haven, Connecticut. It was established in 1824 and has been ranked as the best law school in the United States by ''U.S. News & World Report'' every year between 1990 and 2022, when Yale made a decision to voluntarily pull out of the rankings, citing issues with the rankings' methodology. One of the most selective academic institutions in the world, the 2020–21 acceptance rate was 4%, the lowest of any law school in the United States. Its Yield (college admissions), yield rate of 87% is also consistently the highest of any law school in the United States. Yale Law alumni include many List of Yale Law School alumni, prominent figures in law and politics, including President of the United States, United States presidents Gerald Ford and Bill Clinton and former United States Secretary of State, U.S. secretary of state and presidential nominee, Hillary Cli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Slippery Slope
A slippery slope argument (SSA), in logic, critical thinking, political rhetoric, and caselaw, is an argument in which a party asserts that a relatively small first step leads to a chain of related events culminating in some significant (usually negative) effect. The core of the slippery slope argument is that a specific decision under debate is likely to result in unintended consequences. The strength of such an argument depends on whether the small step really is likely to lead to the effect. This is quantified in terms of what is known as the warrant (in this case, a demonstration of the process that leads to the significant effect). This type of argument is sometimes used as a form of fearmongering in which the probable consequences of a given action are exaggerated in an attempt to scare the audience. However, differentiation is necessary, since, in other cases, it might be demonstrable that the small step is likely to lead to an effect. The fallacious sense of "slippery ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John M
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope Joh ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Discretion
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions. However, where the exercise of discretion goes beyond constraints set down by legislation, by binding precedent, or by a constitution, the court may be abusing its discretion and undermining the rule of law. In that case, the decision of the court may be ''ultra vires'', and may sometimes be characterized as judicial activism. In 1824, US Chief Justice John Marshall wrote the following on this subject: Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal di ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Scope Of Review
The scope of review refers generally to the right to have an issue raised on appeal. It entails whether an issue was preserved by or available to an appellant on appeal. Scope of review is to the appellate court what the burden of proof is to the trial court. For example, in the United States, a party can preserve an issue for appeal by raising an objection at trial. Scope of review further relates to matters such as which judicial acts the appellate court can examine and what remedies it can apply. The scope of review for administrative law evolved substantially in the 1970s and 1980s. See also * Standard of review In law, the standard of review is the amount of deference given by one court (or some other appellate tribunal) in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or o ... References * {{Law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciaries
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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