Download or read book Precedent in English Law written by Rupert Cross and published by Clarendon Press. This book was released on 1991-06-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition of Precedent in English Law presents a basic guide to the current doctrine of precedent in England, set in the wider context of the jurisprudential problems which any treatment of this topic involves. Such problems include the nature of _ratio_ _decidendi_ of a precedent and of its binding force, the significance of precedents alongside other sources of law, their role in legal reasoning, and the account which must be taken of them by any general theory of law. Considerable re-writing has been undertaken to update case-law and take account of the possible implications for the doctrine of precedent of the impact of European Community law, making it an indispensable work of reference for readers interested in the past history, present state, and future developments of English rules of precedent.

Download or read book The Law of Judicial Precedent written by Bryan A. Garner and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

Download or read book The Politics of Precedent on the U S Supreme Court written by Thomas G. Hansford and published by Princeton University Press. This book was released on 2018-06-05 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Politics of Precedent on the U.S. Supreme Court offers an insightful and provocative analysis of the Supreme Court's most important task--shaping the law. Thomas Hansford and James Spriggs analyze a key aspect of legal change: the Court's interpretation or treatment of the precedents it has set in the past. Court decisions do not just resolve immediate disputes; they also set broader precedent. The meaning and scope of a precedent, however, can change significantly as the Court revisits it in future cases. The authors contend that these interpretations are driven by an interaction between policy goals and variations in the legal authoritativeness of precedent. From this premise, they build an explanation of the legal interpretation of precedent that yields novel predictions about the nature and timing of legal change. Hansford and Spriggs test their hypotheses by examining how the Court has interpreted the precedents it set between 1946 and 1999. This analysis provides compelling support for their argument, and demonstrates that the justices' ideological goals and the role of precedent are inextricably linked. The two prevailing, yet contradictory, views of precedent--that it acts either solely as a constraint, or as a "cloak" that never actually influences the Court--are incorrect. This book shows that while precedent can operate as a constraint on the justices' decisions, it also represents an opportunity to foster preferred societal outcomes.

Download or read book Precedents and Case Based Reasoning in the European Court of Justice written by Marc Jacob and published by Cambridge University Press. This book was released on 2014-03-20 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marc Jacob analyses in depth the most important justificatory and decision-making tool of one of the world's most powerful courts.

Download or read book Common Precedents written by Ayelet Ben-Yishai and published by Oxford University Press. This book was released on 2013-04-25 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Common Precedents maintains that precedent constitutes a sophisticated and powerful mechanism for managing social and cultural change. Reading major novels by George Eliot, Anthony Trollope, and Wilkie Collins, this analysis of law and literature shows that precedential reasoning enjoyed widespread cultural significance in the nineteenth-century as a means of preserving a sense of common history, values, and interests in the face of a new heterogeneous society. An in-depth analysis of Victorian law reports argues that precedential reasoning enables the recognition of the new and its assimilation as part of a continuous past. The binding force of precedent, which ties judges to decisions made by their predecessors, also functions as the binding element of an always shifting commonality, pulling it together in the face of rupture and dispersion. By appearing to bring the past seamlessly into the present, the form of legal precedent became material. It was vital to the preservation of a sense of commonality and continuity crucial to the common law and Victorian legal culture. But the impact of precedent extended beyond legal practices and institutions to the culture at large, and especially to its fiction. Ben-Yishai's monograph argues that understanding the structure of precedent also explains fictional form: how fictionality works, its epistemology, and the ways in which its commonalities are socially constructed, maintained, and reified. Common Precedents thus presents a cultural history of the forms of precedent and an intricate study of the formation of social convention.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Interpreting Precedents written by D. Neil MacCormick and published by Routledge. This book was released on 2016-12-05 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a series of essays discussing the uses of precedent as a source of law and a basis for legal arguments in nine different legal systems, representing a variety of legal traditions. Precedent is fundamental to law, yet theoretical and ideological as well as legal considerations lead to its being differently handled and rationalised in different places. Out of the comparative study come the six theoretical and synoptic essays that conclude the volume.

Download or read book Settled Versus Right written by Randy J. Kozel and published by Cambridge University Press. This book was released on 2017-06-06 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyzes the theoretical nuances and practical implications of how judges use precedent.

Download or read book Material Precedent written by G. P. Borden and published by John Wiley & Sons. This book was released on 2010-03-22 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive, richly illustrated catalog focusing on materials used in great twentieth-century architecture Viewed primarily in technical terms pertaining to construction, material has often been overlooked in the discourse on architectural design. Yet, it is material that breathes life into architecture by realizing concepts into meaningful physical forms. Whether it is wood, glass, steel, plastic, or concrete, material can be employed with unlimited flexibility and carries both visual and emotional characteristics through its expression. The first book of its kind to focus on materiality from a design perspective, Material Precedent is masterfully presented, with an impressive collection of crisp line drawings along with historical, material, tectonic, and typological analysis of twentieth-century buildings, providing readers with detailed instruction that traces the traditions and trends of material as the defining premise in the making of architecture. This unrivaled text: Is illustrated throughout with detailed line drawings Is perfect for use in a design studio or simply for understanding the role of materials in buildings, for a designer of any level Includes a companion Web site By cataloging and comparing the concepts behind modern building science using architectural precedent, Material Precedent examines structure, form, effect, detail, sustainability, and performance through material application to provide a comprehensive analysis of the materiality of architecture.

Download or read book Precedent in the United States Supreme Court written by Christopher J. Peters and published by Springer Science & Business Media. This book was released on 2014-02-11 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents a variety of both normative and descriptive perspectives on the use of precedent by the United States Supreme Court. It brings together a diverse group of American legal scholars, some of whom have been influenced by the Segal/Spaeth "attitudinal" model and some of whom have not. The group of contributors includes legal theorists and empiricists, constitutional lawyers and legal generalists, leading authorities and up-and-coming scholars. The book addresses questions such as how the Court establishes durable precedent, how the Court decides to overrule precedent, the effects of precedent on case selection, the scope of constitutional precedent, the influence of concurrences and dissents, and the normative foundations of constitutional precedent. Most of these questions have been addressed by the Court itself only obliquely, if at all. The volume will be valuable to readers both in the United States and abroad, particularly in light of ongoing debates over the role of precedent in civil-law nations and emerging legal systems.

Download or read book Precedents Statutes and Analysis of Legal Concepts written by Scott Brewer and published by Routledge. This book was released on 2013-06-17 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: At least since plato and Aristotle, thinkers have pondered the relationship between philosophical arguments and the "sophistical" arguments offered by the Sophists -- who were the first professional lawyers. Judges wield substantial political power, and the justifications they offer for their decisions are a vital means by which citizens can assess the legitimacy of how that power is exercised. However, to evaluate judicial justifications requires close attention to the method of reasoning behind decisions. This new collection illuminates and explains the political and moral importance in justifying the exercise of judicial power.

Download or read book The Power of Precedent written by Michael J. Gerhardt and published by Oxford University Press. This book was released on 2011 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The author connects the vast social science data and legal scholarship to provide a wide-ranging assessment of precedent. He outlines the major issues in the continuing debates on the significance of precedent and evenly considers all sides.

Download or read book Parker s Will Precedents written by Richard Dew and published by Bloomsbury Publishing. This book was released on 2017-06-29 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Parker's Will Precedents provides private client solicitors and professional will draftsmen with a thorough understanding and working knowledge of the will drafting process and, as a result, the ability to draft better wills. It provides:- A comprehensive collection of precedents aimed at anyone who needs to draft wills - A variety of precedents for individual clauses as well as a set of complete wills catering for different scenarios - An emphasis on clarity, practicality and simplicity, so you can quickly draft legally sound wills for a variety of circumstances - Notes and guidance on drafting and additional materials, including letters, support materials and extracts from relevant legislation The ninth edition includes coverage of the Residential Nil Rate Band (changing from April 2017) as well as new chapter on flexible life interest trusts and EC Succession Regulation.This book comes with an electronic download of the precedents, for you to adapt and use in your contracts. On purchase, you will be provided with a code and a web link from which the precedents can be downloaded in a generic format such as *.doc which will be compatible with all operating systems.

Download or read book Without Precedent written by Joel Richard Paul and published by Penguin. This book was released on 2019-02-19 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the author of Unlikely Allies and Indivisible comes the remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States—the longest-serving in history—he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman⁠—born in Virginia in 1755 and with little formal education—invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Download or read book America s Unwritten Constitution written by Akhil Reed Amar and published by Basic Books (AZ). This book was released on 2012-09-11 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.

Download or read book Clark s Publishing Agreements written by Lynette Owen and published by . This book was released on 2022 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Clark's Publishing Agreements has long been the 'must have' legal resource for the publishing industry. This comprehensive book provides 24 model agreements, from author agreements, to merchandising rights to online licensing to ebook distribution to text and data mining. It includes a "Legal Developments" introduction giving an overview of existing and forthcoming legislation (UK and international). It also covers new initiatives undertaken by the industry and acts as an essential checklist for industry professionals. The impact of these developments have been updated in the precedents, their accompanying notes and appendices. It also includes an "Introduction to Electronic Precedents" which highlights the continuing developments in the field of technology and their impact on licensing practice and contractual wording. For the eleventh edition all the precedents, explanatory notes and appendices have been thoroughly revised to take account of the latest developments including: - Coverage of podcasts - Inclusion of a new precedent on Open Access book author agreements - Coverage of audio deals, including arrangements with narrators - Precedent for a ghostwriter Whether an experienced drafter of publishing agreements or new to the industry Clark's Publishing Agreements will prove invaluable in ensuring that your publishing agreements are expertly and effectively drafted. This book comes with an electronic download of the precedents for you to adapt and use in your contracts. On purchase, you will be provided with a code and a web link from which the precedents can be downloaded in a generic format such as *.doc which will be compatible with all operating systems."--

Download or read book The Creation of the Common Law written by Thomas Lund and published by Talbot Publishing. This book was released on 2018-07-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: After Edward I became king, Chief Justice Bereford took charge of the legal system and created law in accord with his own sense of justice. Here the most important medieval cases are paraphrased and analyzed, making this interesting and entertaining litigation accessible to everyone.