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What is the difference between good law and bad law?
Is a proposition of law a good law?
What is a good law decision?
Why do we have laws?
Good law is the concept in jurisprudence that a legal decision is still valid or holds legal weight. A good law decision has not been overturned (during an appeal) or otherwise rendered obsolete (such as by a change in the underlying law).
THE RULE OF GOOD LAW: FORM, SUBSTANCE AND FUNDAMENTAL RIGHTS. Published online by Cambridge University Press: 08 August 2019. Michael P. Foran. Article. Metrics. Get access. Share. Cite. Abstract. This paper explores the effect that conformity to the rule of law has on the ends which might legitimately be pursued within a legal system.
May 14, 2024 · Overview. To determine whether a case is still good law, you need to check the subsequent history of the case as well as subsequent citations to see how other cases have treated your case by using citators (Shepardizing on Lexis or KeyCiting on Westlaw).
- Rachel Shields
- 2017
- Good Law and Bad Law Terminology
- Think Vertically
- Think Horizontally
- Final Thoughts
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In the legal context, “good law” and “bad law” are anything but a subjective evaluation of a given law. If a proposition of law from a case is a valid, citable legal proposition in your jurisdiction, it is “good law.” Logically enough, if a proposition from a case is no longer a valid legal proposition, it is “bad law.” How can good law that a smar...
First, think vertically – look for subsequent appellate history for your case and other higher court cases that negatively cite your case. The most common ways for your proposition to become bad law is for a higher court to reverse or overrule your cited case on grounds that affect your proposition. Do the following for subsequent appellate history...
Second, think horizontally – look for cases by courts at the same level that negatively cites your case. For example, if you are citing a case from the 5th Circuit U.S. Court of Appeals, you would look at a 9th Circuit U.S. Court of Appeals case that has negatively cited your case. Even though same-level courts cannot directly affect your case’s va...
Keep in mind that every case-law proposition must be analyzed individually. It’s possible for your cited case to be reversed or overruled on one ground, but not a ground related to your proposition. For example, if the proposition you cited was not challenged when your case was appealed, even if your case is reversed, the reversal could not affect ...
Learn the difference between good law and bad law in legal writing and how to identify them using Shepard's reports and other tools. Find out how to analyze case law based on appellate history, negative citations, and statutory changes.
May 27, 2001 · In other words, it is the attempt to explain the moral legitimacy of law and the subjects’ reasons for complying with it. A theory about the nature of law, as opposed to critical theories of law, concentrates on the first of these two questions. It purports to explain what the normativity of law actually consists in.
- Andrei Marmor, Alexander Sarch
- 2001
Laws protect our general safety, and ensure our rights as citizens against abuses by other people, by organizations, and by the government itself. We have laws to help provide for our general safety. These exist at the local, state and national levels, and include things like: Laws about food safety.
Jul 29, 2019 · Why law is law. An explication of law’s nature answers to the question of what governance by law essentially consists in, or to which class or category of things legal things pertain. 1 The essentialist and sortal variants of inquiry into the nature of law provide the most traditional methodological framework for adjudicating the debate ...
