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Distinguishing
The ruling made by the judge or panel of judges must be based on the evidence at hand and the standard Binding Precedent, binding precedents covering the subject-matter (they must be ''followed''). Definition In law, to distinguish a Legal case, case means a court decides the Holding (law), holding or legal reasoning of a precedent case will not apply due to Materiality (law), materially different facts between the two cases. Two formal constraints constrain the later court: the expressed relevant factors (also known as considerations, tests, questions or determinants) in the ''Ratio_decidendi, ratio'' (legal reasoning) of the earlier case must be recited or their equivalent recited or the earlier case makes an exception for their application in the obiter, circumstances otherwise it envisages, and the ruling in the later case must not expressly doubt (criticise) the result reached in the precedent case.Lamond, Grant"Precedent and Analogy in Legal Reasoning: 2.1 Precedents as layi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Binding Authority
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] |
Binding Authority
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] |
Persuasive Authority
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] |
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] |
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] |
Opinion
An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with facts which are sought to be disputed by the logical fallacy that one is entitled to their opinions. Distinguishing fact from opinion is that facts are verifiable, i.e. can be agreed to by the consensus of experts. An example is: "United States of America was involved in the Vietnam War," versus "United States of America was right to get involved in the Vietnam War". An opinion may be supported by facts and principles, in which case it becomes an argument. Different people may draw opposing conclusions (opinions) even if they agree on the same set of facts. Opinions rarely change without new arguments being presented. It can be reasoned that one opinion is better supported by the facts than another, by analyzing the supporting argumen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Binding 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 jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disambiguation
Word-sense disambiguation (WSD) is the process of identifying which sense of a word is meant in a sentence or other segment of context. In human language processing and cognition, it is usually subconscious/automatic but can often come to conscious attention when ambiguity impairs clarity of communication, given the pervasive polysemy in natural language. In computational linguistics, it is an open problem that affects other computer-related writing, such as discourse, improving relevance of search engines, anaphora resolution, coherence, and inference. Given that natural language requires reflection of neurological reality, as shaped by the abilities provided by the brain's neural networks, computer science has had a long-term challenge in developing the ability in computers to do natural language processing and machine learning. Many techniques have been researched, including dictionary-based methods that use the knowledge encoded in lexical resources, supervised machine lea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: '' ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be '' ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Read V Lyons
Read Read may refer to: * Reading, human cognitive process of decoding symbols in order to construct or derive meaning * Read (automobile), an American car manufactured from 1913 to 1915 * Read (biology), an inferred sequence of base pairs of a DNA fragment * Read codes, a standard clinical terminology system used in General Practice in the United Kingdom * Read (computer), to retrieve data from a storage device * ''Read'' (magazine), a children's magazine * Read (surname), people with this surname * read (system call), a low level IO function on a file descriptor in a computer * Read Township, Clayton County, Iowa, in the United States * Read (theatre), to perform the dialog of a play * Read Township, Butler County, Nebraska, in the United States * Read (Unix), a command in Unix operating systems * Read Viemeister (1922–1993), American industrial designer * Read (transgender), a term in gender identity * Read, Lancashire, a town in the UK country of England * Read ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
