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words can have a meaning in common law that is widely understood and accepted. In such cases, courts will adopt the common law meaning.10 For example, the Supreme Court has noted that “extortion” is a common law word, and it has interpreted that term by reference to its meaning at common law.11 c. Commonly Used Terms
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A bankruptcy case in which the debtor is a business or an individual involved in business and the debts are for business purposes. Go to top. C Capital offense . A crime punishable by death. Case file . A complete collection of every document filed in court in a case. Case law . The law as established in previous court decisions.
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Article III of the U.S. Constitution describes the powers and duties of the judicial branch. Nowhere does it mention the power of the courts to review actions of the other two branches, and possibly declare these actions unconstitutional. This power, called Judicial Review, was established by the landmark decision in Marbury v.
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Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. According to the Supreme Court, stare decisis promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judi...
Despite the legal stability afforded by stare decisis, it is not without negative externalities. Critics argue that the doctrine occasionally permits erroneous decisions to continue influencing the law and encumbers the legal systems ability to quickly adapt to change.
Although courts seldom overrule precedent, Justice Rehnquist explained that stare decisis is not an inexorable command. On occasion, the Court will decide not to apply the doctrine if a prior decision is deemed unworkable. In addition, significant societal changes may also prompt the Court to overrule precedent; however, any decision to overrule pr...
For a recent example of the application of stare decisis by the US Supreme Court, see Kimble v. Marvel Entertainment. Our Preview of that case contains further discussion of the doctrine.
Cases, in turn, interpret those statutes and regulations. Cases may be the sole source of the law when the doctrine is strictly a common law doctrine. Even when law is based on a statute, cases interpreting the terms and intent of the statute are invaluable tools for legal writers. Some methods for using cases, discussed in detail below ...
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Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common law, refers to the collection ...
Dec 20, 2023 · Citation Analysis of Case Law. Case decisions may be reversed, overturned, criticized, questioned, followed, affirmed, etc. Checking a cases' status is known as citation analysis. There are systems in place on all the major research platforms to look for subsequent decisions that may affect the standing of an original case.
