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The ruling made by the judge or panel of judges must be based on the evidence at hand and the standard binding precedents covering the subject-matter (they must be ''followed''). Definition In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case will not apply due to 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'' (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 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 laying down rules:2.1.2 The practice of distinguishing". ''Stanford Encyclopedia of Philos ... [...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] |
Negligence
Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as a form of ''carelessness'' possibly with extenuating circumstances. The core concept of negligence is that people should exercise reasonable care in their actions, by taking account of the potential harm that they might foreseeably cause to other people or property. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss. The law on negligence may be assessed in general terms according to a five-part model which includes the assessment of duty, breach, actual cause, proximate cause, and damages. Elements of negligence claims Some things must be established by anyone who wants to sue in ... [...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] |
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 arguments. ... [...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] |
Obiter Dictum
''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, ''obiter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rylands V Fletcher
''Rylands v Fletcher'' (1868) LR 3 HL 330 is a leading decision by the House of Lords which established a new area of English tort law. It established the rule that one's non-natural use of their land, which leads to another's land being damaged as a result of dangerous things emanating from the land, is strictly liable.Bohlen (1911) 300 Rylands employs contractors to build a reservoir. As a result of negligent work done, the reservoir burst and flooded a neighbouring mine, run by Fletcher, causing £937 worth of damage (). Fletcher brought a claim under negligence against Rylands. At the court of first instance, the majority ruled in favour of Rylands. Bramwell B, dissenting, argued that the claimant had the right to enjoy his land free of interference from water, and that Rylands was guilty of trespass and the commissioning of a nuisance. Bramwell's argument was affirmed by the Court of Exchequer Chamber and the House of Lords, leading to the development of the "Rule in ''Rylan ... [...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, West Vi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Merritt V Merritt
''Merritt v Merritt'' 970EWCA Civ 6is an English contract law case, on the matter of Creating legal relations in English law">creating legal relations. While under the principles laid out in Balfour v Balfour, domestic agreements between spouses are rarely legally enforceable, this principle was rebutted where two spouses who formed an agreement over their matrimonial home were not on good terms. Facts Mr Merritt and his wife jointly owned a house. Mr Merritt left to live with another woman. They made an agreement (signed) that Mr Merritt would pay Mrs Merritt a £40 monthly sum, and eventually transfer the house to her, if Mrs Merritt kept up the monthly mortgage payments. When the mortgage was paid Mr Merritt refused to transfer the house. Judgment The Court of Appeal held that nature of the dealings, and the fact that the Merritts were separated when they signed their contract, allowed the court to assume that their agreement was more than a domestic arrangement. Lord Denning ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Balfour V Balfour
''Balfour v Balfour'' 9192 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature. Facts Mr. Balfour was a civil engineer, and worked for the Government as the Director of Irrigation in Ceylon (now Sri Lanka). Mrs Balfour was living with him. In 1915, they both came back to England during Mr Balfour's leave. But Mrs Balfour had developed rheumatoid arthritis. Her doctor advised her to stay in England, because the climate in Ceylon would be detrimental to her health. Mr Balfour's boat was about to set sail, and he orally promised her £30 a month until she came back to Ceylon. They drifted apart, and Mr Balfour wrote saying it was better that they remain apart. In March 1918, Mrs Balfour sued him to keep up with the monthly £30 payments. In July she got a decree nisi and in December she obtained an order for alimony. At first instance, ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
