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Jan 27, 2020 · As well as some headline grabbing Brexit litigation, 2019 featured many important cases for public authorities and those that deal with them. Our experts have chosen their top ten cases of 2019 that highlight an important principle or point of law for inclusion in our first update of the year.
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- The Slaughter-House Cases (14 Apr 1873) ―In the Slaughter-House Cases, waste products from slaughterhouses located upstream of New Orleans had caused health problems for years by the time Louisiana decided to consolidate the industries into one slaughterhouse located south of the city.
- Plessy v. Ferguson (18 May 1896) ―The Louisiana legislature had passed a law requiring black and white residents to ride separate, but equal, train cars.
- Lochner v. New York (17 Apr 1905) ―Lochner, a baker from New York, was convicted of violating the New York Bakeshop Act, which prohibited bakers from working more than 10 hours a day and 60 hours a week.
- Gitlow v. New York (08 June 1925) ― Before 1925, provisions in the Bill of Rights were not always guaranteed on the local level and usually applied only to the federal government.
Sep 9, 2023 · Real-world Examples of Public and Private Law. Public Law: A case challenging the constitutionality of a new law. A citizen filing a complaint against a government agency for not providing due services. Private Law: A business suing another for breach of contract. An individual seeking damages after a car accident caused by another’s negligence.
- The Case of Proclamations, 1610
- Entick V Carrington, 1765
- R V Dudley and Stephens, 1884
- Carlill V Carbolic Smoke Ball Co, 1893
- Donoghue and Stevenson, 1932
- Fagan V Metropolitan Police Commissioner, 1969
- R V R, 1991
- The Belmarsh Case, 2004
Over 400 years ago, the chief justice, Sir Edward Coke, ruled thatKing James I could not prohibit new building in London without the support of parliament. King James believed that he had a divine right to make any laws that he wished. But the court opposed his view, and decided that the monarchy could not wield its power in this arbitrary way. By ...
Author and schoolmaster John Entick was suspected of writing a libellous pamphlet against the government. In response, the secretary of state sent Nathan Carrington, along with a group of other king’s men, to search Entick’s house for evidence. Entick then sued the men for trespass. The court decided thatthe secretary of state did not have the lega...
In this case, the survivors of a shipwreck who killed and ate the youngest and weakest crew member were prosecuted for murder. Their defence was based on “necessity” – that they needed to eat the boy, as they were unlikely to survive and the boy probably would have died anyway. It may have been a “custom of the sea”that cannibalism was allowed unde...
Mrs Carlill sued the manufacturerof the carbolic smoke ball – a device for preventing colds and flu – which had promised a reward of £100 for any one catching flu following the use of its product but then refused to pay out. The court decided that this promise, together with Mrs Carlill’s use of the product as directed, amounted to a legally bindin...
In a case originating in Scotland, Mrs Donoghue was given a bottle of ginger beer which allegedly containedthe decomposed remains of a snail. She claimed to have suffered shock and gastroenteritis as a result. But as she had not bought the drink herself, she had no contract on which to sue. Nevertheless, the court extended the lawof negligence to r...
To be guilty of a criminal offence, there often needs to be unlawful act accompanied by a guilty state of mind, such as a criminal intent. So, having accidentally driven his car onto a policeman’s foot, did Mr Fagan commit an assault when he decided not to remove it? Mr Fagan suggested not because he had no criminal intent at the time the car first...
The law is constantly evolving to meet changing social attitudes. In this case, the House of Lords swept away the common law rule that a man could not be guilty of raping his wife. The previous rule was based on a 1736 pronouncement that: The House of Lords ruled thatfor modern times, marriage is a partnership of equals and any other suggestion was...
The Human Rights Act empowered judges to review acts of parliament, to check if they are compatible with the European Convention on Human Rights. Using this power, the House of Lords ruled thata statute which allowed terrorist suspects to be detained indefinitely without trial breached the suspects’ human rights. The caseshows how modern courts ask...
- Nicholas Clapham
Case law, also known as precedent or common law, is the body of prior judicial decisions that guide judges deciding issues before them. Depending on the relationship between the deciding court and the precedent, case law may be binding or merely persuasive.
Nov 21, 2023 · Examples of public law include constitutional law, criminal law, and international law. Constitutional law is the body of laws that sets out the basic rights of citizens and...
Jan 20, 2024 · Examples of Public Law Cases. Now that we’ve grasped the basics of public law, let’s delve into some real-world examples. These cases will help illustrate the concepts we’ve discussed and show public law in action. One of the most famous public law cases in the United States is Brown v. Board of Education case. It’s an iconic example of ...
