Download or read book Carswell s Form and Precedent Collection written by Gilles Thibault and published by Carswell Legal Publications. This book was released on 2007-08 with total page 3200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Precedent in US Supreme Court Reasoning written by Schultz, David and published by Edward Elgar Publishing. This book was released on 2022-03-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. While adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.
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 The Use of Foreign Precedents by Constitutional Judges written by Tania Groppi and published by Bloomsbury Publishing. This book was released on 2013-03-28 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place between common law and civil law traditions. The present work includes studies by scholars from African, American, Asian, European, Latin American and Oceania countries, representing jurisdictions belonging to both common law and civil law traditions, and countries employing both centralised and decentralised systems of judicial review. The results, published here for the first time, give us the best evidence yet of the existence and limits of a transnational constitutional communication between courts.
Download or read book A Collection of Pleadings and Practical Precedents written by John Van Ness Yates and published by . This book was released on 1837 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 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 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 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 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 Every day Precedents in Conveyancing A Collection of Practical Forms Designed for Professional Use and Suited to the Emergencies of Actual Practice With Notes and a Table of Stamp Duties written by Thomas Wilkinson and published by BoD – Books on Demand. This book was released on 2024-04-24 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the original, first published in 1881.
Download or read book A Collection of Concise Precedents of Wills with Introduction and Notes written by Charles Weaver and published by . This book was released on 1904 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Collection of Forms and Precedents Other Than Conveyancing Company Local Government and Practice Forms written by William Bowstead and published by . This book was released on 1914 with total page 824 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Carswell s Form and Precedent Collection written by David Watt and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Precedent in Law written by Laurence Goldstein and published by Oxford University Press, USA. This book was released on 1987 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.
Download or read book Cannon s Precedents of the House of Representatives of the United States written by Clarence Cannon and published by . This book was released on 1935 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Collection of Copyhold Precedents in Conveyancing Together with Introductory Treatises Upon the Various Transactions and Occurrences Incident to Estates of Customary Tenure and an Appendix of Abstracts of Title and Extracts from Relative Acts of Parliament written by John Fish STANSFIELD and published by . This book was released on 1849 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt:
