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Test Case (law)
In case law, a test case is a lawsuit whose purpose is to establish an important legal principle or right and to set a precedent. Test cases are brought to court with the intention of challenging, interpreting, or receiving clarification on a present law, regulation, or constitutional principle. Government agencies sometimes bring test cases to confirm or expand their powers. The outcome of test cases has a wide public significance as it shapes future rulings. Examples Examples of influential test cases include: # '' Plessy v. Ferguson'' (1896) # '' Tennessee v. Scopes'' (1925) # '' United States v. One Book Called Ulysses'' (1933) # ''Brown v. Board of Education'' (1954) # '' Griswold v. Connecticut'' (1965) # '' Oneida Indian Nation of N.Y. State v. Oneida County'' (1974) # ''Adams v Cape Industries plc'' (1990) # '' Mabo v Queensland (No 2)'' (1992) # '' National Westminster Bank plc v Spectrum Plus Limited'' (2005) # '' District of Columbia v. Heller'' (2008) See also * Ca ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oneida Indian Nation Of N
Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida Nation of the Thames, also known as "Onyota'a:ka First Nation" * Oneida Nation of Wisconsin People * Mary Oneida Toups, American occultist * Oneida Guaipe, Venezuelan politician Places * Oneida County (other) * Oneida Township (other) Canada * Oneida 41, Ontario, also known as the "Oneida Settlement" * Oneida Township, Ontario, a historic township of Haldimand County United States * Oneida, former name of Martell, California * Oneida, Illinois * Oneida, Kansas * Oneida, Kentucky * Oneida, New York * Oneida, Ohio * Oneida, Pennsylvania * Oneida Falls, one of 24 named waterfalls in Ricketts Glen State Park in Pennsylvania * Oneida, Tennessee * Oneida (town), Wisconsin in Outagamie County * Oneida, W ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leading Case
Landmark court decisions, in present-day common law legal systems, establish precedents that determine a significant new legal principle or concept, or otherwise substantially affect the interpretation of existing law. "Leading case" is commonly used in the United Kingdom and other Commonwealth jurisdictions instead of "landmark case", as used in the United States. In Commonwealth countries, a reported decision is said to be a ''leading decision'' when it has come to be generally regarded as settling the law of the question involved. In 1914, Canadian jurist Augustus Henry Frazer Lefroy said "a 'leading case' sone that settles the law upon some important point". A leading decision may settle the law in more than one way. It may do so by: * Distinguishing a new principle that refines a prior principle, thus departing from prior practice without violating the rule of ''stare decisis''; * Establishing a "test" (that is, a measurable standard that can be applied by courts in future ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Case Of First Impression
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability. Precedent is a defining feature that sets common law systems apart from civil law systems. In common law, precedent can either be something courts must follow (binding) or something they can consider but do not have to follow (persuasive). Civil law systems, in contrast, are characterized by comprehensive codes and detailed statutes, with no emphasis on precedent, and where judges primarily focus on fact-finding and applying codified law. Courts in common law systems rely heavily on case law, which refers to the collection of precedents and legal principles established by previous judicial decisions on s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
District Of Columbia V
A district is a type of administrative division that in some countries is managed by the local government. Across the world, areas known as "districts" vary greatly in size, spanning regions or counties, several municipalities, subdivisions of municipalities, school district, or political district. Etymology The word "district" in English is a loan word from French. It comes from Medieval Latin districtus–"exercising of justice, restraining of offenders". The earliest known English-language usage dates to 1611, in the work of lexicographer Randle Cotgrave. By country or territory Afghanistan In Afghanistan, a district ( Persian ) is a subdivision of a province. There are almost 400 districts in the country. Australia Electoral districts are used in state elections. Districts were also used in several states as cadastral units for land titles. Some were used as squatting districts. New South Wales had several different types of districts used in the 21st ce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Westminster Bank Plc V Spectrum Plus Limited
was a UK company law decision of House of Lords that settled a number of outstanding legal issues relating to floating charges and recharacterisation risk under the English common law. However, the House of Lords also discussed the power of the court to make rulings as to the law that were "prospective only" to mitigate potential harshness when issuing a ruling that was different from what the law had previously been understood to be. Facts Spectrum Plus Ltd ("Spectrum") carried on the business of a manufacturer of dyes, paints, pigments and other chemical products for the paint industry. Spectrum opened an overdraft facility, and made an agreement with, National Westminster Bank Plc ("NatWest") that said it was granting a fixed charge, or in the words of the contract, a "specific charge fall book debts and other debts… now and from time to time due or owing to pectrum to secure a £250,000 overdraft. Spectrum was prohibited from charging or assigning debts, and was requi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mabo V Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as the ''Mabo case'' or simply ''Mabo''; ) is a landmark decision of the High Court of Australia that recognised the existence of Native Title in Australia.. It was brought by Eddie Mabo and others against the State of Queensland, and decided on 3 June 1992. The case is notable for being the first in Australia to recognise pre-colonial land interests of Indigenous Australians within the common law of Australia. ''Mabo'' is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was (i.e. owned by no one) at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had not been wholly lost upon colonisation. The Prime Minister Paul Keating during his Redfern speech praised the decision, saying it "establishes a fundamental truth, and lays the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adams V Cape Industries Plc
''Adams v Cape Industries plc'' 990Ch 433 is a UK company law case on separate legal personality and limited liability of shareholders. The case also addressed long-standing issues under the English conflict of laws as to when a company would be resident in a foreign jurisdiction such that the English courts would recognise the foreign court's jurisdiction over the company. It has in effect been superseded by '' Lungowe v Vedanta Resources plc'', which held that a parent company could be liable for the actions of a subsidiary on ordinary principles of tort law. The decision's significance was also limited by the House of Lords decision in '' Lubbe v Cape plc'' and the groundbreaking decision in '' Chandler v Cape plc'', holding that a direct duty may be owed in tort by a parent company to a person injured by a subsidiary. Facts Cape Industries plc was a UK company, head of a group. Its subsidiaries mined asbestos in South Africa and shipped it to Texas in the US, where a mar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Griswold V
Griswold may refer to: People and fictional characters * Griswold (surname), a list of people and fictional characters * Griswold family, an American political family * J. Griswold Webb (1890–1934), American politician Places Canada * Griswold, Manitoba * Griswold Pass, British Columbia, a mountain pass United States * Griswold, Connecticut, a town * Griswold, Iowa, a city * Griswold, Missouri, an unincorporated community * Griswold, New York, a hamlet in the town of Arkwright * Griswold Street, Detroit, Michigan * Fort Griswold, Groton, Connecticut * Griswold Lake (Nevada) * Griswold Creek, California * Griswold Hills, California, United States, a mountain range * Griswold Scout Reservation, New Hampshire Military * USS ''Griswold'' (DE-7), a World War II US Navy ship * ''Media'' (AK-83), a World War II ship transferred to the US Army and renamed ''Glenn Gerald Griswold'' * Griswold (revolver), produced for Confederate forces during the American Civil War Bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
A lawsuit is a proceeding by one or more parties (the plaintiff or claimant) against one or more parties (the defendant) in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the court may impose the legal or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Brown V
Brown is a color. It can be considered a composite color, but it is mainly a darker shade of orange. In the CMYK color model used in printing and painting, brown is usually made by combining the colors orange and black. In the RGB color model used to project colors onto television screens and computer monitors, brown combines red and green. The color brown is seen widely in nature, wood, soil, human hair color, eye color and skin pigmentation. Brown is the color of dark wood or rich soil. In the RYB color model, brown is made by mixing the three primary colors, red, yellow, and blue. According to public opinion surveys in Europe and the United States, brown is the least favorite color of the public; it is often associated with fecal matter, plainness, the rustic, although it does also have positive associations, including baking, warmth, wildlife, the autumn and music. Etymology The term is from Old English , in origin for any dusky or dark shade of color. The f ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
